As Passed by the House
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
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, 118.01, 118.08, 118.17, 118.20, 118.23, 119.07, 120.33, 122.17, 122.171, 122.602, 124.152, 125.45, 125.93, 125.96, 125.97, 125.98, 126.07, 126.08, 126.16, 126.21, 126.22, 127.14, 127.16, 131.44, 133.01, 133.10, 133.25, 135.35, 135.352, 151.08, 151.40, 152.31, 156.02, 164.03, 164.05, 164.051, 164.08, 164.09, 166.08, 173.04, 173.35, 173.85, 173.86, 174.03, 174.06, 183.01, 183.021, 183.17, 183.33, 183.34, 183.35, 307.021, 307.37, 307.695, 307.6910, 307.98, 307.981, 308.04, 317.08, 319.202, 319.281, 319.54, 321.08, 322.01, 323.151, 323.152, 323.153, 323.154, 325.31, 329.04, 329.05, 329.14, 340.03, 505.376, 517.08, 521.01, 709.191, 711.05, 711.10, 711.131, 718.13, 742.301, 1503.05, 1504.02, 1506.01, 1506.99, 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, 1548.06, 1555.08, 1557.03, 1901.34, 2151.362, 2913.40, 2921.42, 2927.023, 2935.03, 3109.04, 3109.041, 3119.022, 3119.023, 3119.27, 3119.29, 3119.30, 3125.12, 3301.0711, 3301.0714, 3301.53, 3302.03, 3302.10, 3311.24, 3313.41, 3313.603, 3313.615, 3313.64, 3313.646, 3313.66, 3313.661, 3313.98, 3314.015, 3314.02, 3314.074, 3314.08, 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, 3317.04, 3317.06, 3317.08, 3317.16, 3317.20, 3317.201, 3318.12, 3318.15, 3318.26, 3319.55, 3323.01, 3323.11, 3327.05, 3333.04, 3333.122, 3333.38, 3357.01, 3365.01, 3375.05, 3375.121, 3375.40, 3375.85, 3381.04, 3501.17, 3701.74, 3701.741, 3701.83, 3702.52, 3702.5211, 3702.5212, 3702.5213, 3702.57, 3702.68, 3704.03, 3704.14, 3705.24, 3709.09, 3709.091, 3721.51, 3721.541, 3721.56, 3734.57, 3735.672, 3745.11, 3769.087, 3770.03, 3770.06, 3905.36, 4123.35, 4141.09, 4301.43, 4503.06, 4503.061, 4503.064, 4503.065, 4503.066, 4503.067, 4503.10, 4503.102, 4503.35, 4505.06, 4513.263, 4513.35, 4519.55, 4715.251, 4717.07, 4723.621, 4723.63, 4723.64, 4723.65, 4723.66, 4731.142, 4731.22, 4736.01, 4743.05, 4755.03, 4766.05, 4775.08, 4921.40, 5101.162, 5101.21, 5101.211, 5101.212, 5101.213, 5101.24, 5101.242, 5101.244, 5101.26, 5101.51, 5101.571, 5101.572, 5101.58, 5101.59, 5101.802, 5101.98, 5104.30, 5107.02, 5107.03, 5107.05, 5107.10, 5107.12, 5107.14, 5107.16, 5107.17, 5107.281, 5107.30, 5107.36, 5107.41, 5107.42, 5111.01, 5111.014, 5111.016, 5111.019, 5111.0112, 5111.023, 5111.03, 5111.06, 5111.084, 5111.10, 5111.101, 5111.163, 5111.17, 5111.172, 5111.20, 5111.871, 5111.8814, 5111.891, 5111.95, 5111.96, 5112.341, 5115.12, 5119.611, 5123.01, 5123.043, 5123.045, 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, 5123.603, 5123.604, 5123.99, 5126.038, 5126.042, 5126.046, 5126.054, 5126.055, 5126.056, 5126.057, 5126.06, 5126.11, 5126.12, 5126.15, 5126.18, 5126.19, 5126.25, 5126.40, 5126.42, 5126.43, 5126.45, 5126.47, 5139.27, 5139.271, 5139.43, 5302.30, 5528.54, 5531.10, 5537.04, 5537.16, 5537.99, 5705.28, 5705.281, 5705.29, 5705.30, 5705.31, 5705.32, 5705.321, 5705.37, 5705.44, 5709.68, 5709.882, 5715.36, 5719.041, 5725.151, 5725.24, 5727.45, 5727.81, 5727.84, 5727.85, 5727.87, 5733.12, 5733.98, 5739.02, 5739.033, 5739.12, 5739.21, 5741.02, 5741.03, 5743.01, 5743.20, 5743.331, 5745.02, 5745.05, 5745.13, 5747.03, 5747.46, 5747.47, 5747.48, 5747.50, 5747.501, 5747.51, 5747.52, 5747.53, 5747.54, 5747.55, 5747.98, 5748.01, 5748.02, 5748.021, 5748.04, 5748.08, 5751.20, 5751.21, 5751.23, 5907.15, 6109.21, 6111.04, 6111.44, 6121.04, 6121.043, 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), 3702.63 (3702.591), 3702.68 (3702.59), 5111.95 (5111.033), 5111.96 (5111.034), and 5126.057 (5126.0511); to enact new sections 3318.47 and 5123.16 and sections 122.051, 122.071, 122.076, 122.174, 126.04, 126.24, 126.40, 131.51, 183.51, 183.52, 901.261, 991.08, 1713.031, 3123.23, 3301.162, 3303.20, 3310.51 to 3310.63, 3314.016, 3314.086, 3314.087, 3314.19, 3317.161, 3323.052, 3327.17, 3333.50, 3333.55, 3345.02, 3353.20, 3353.21, 3353.22, 3353.23, 3353.24, 3353.25, 3353.26, 3353.27, 3353.28, 3353.29, 3353.30, 3357.13, 3701.135, 4766.22, 4923.26, 5101.541, 5101.573, 5101.574, 5101.575, 5101.591, 5107.04, 5111.0119, 5111.028, 5111.029, 5111.031, 5111.032, 5111.085, 5111.102, 5111.165, 5111.84, 5111.861, 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, 5323.011, 5533.91, 5733.48, 5739.029, 5739.213, 5747.77, 5748.022, 5907.16, and 6111.0381; to repeal sections 125.95, 183.02, 183.27, 183.32, 3318.47, 3318.48, 3318.49, 3333.29, 3718.01, 3718.02, 3718.021, 3718.03, 3718.04, 3718.05, 3718.06, 3718.07, 3718.08, 3718.09, 3718.10, 3718.99, 4911.021, 5111.161, 5123.16, 5123.182, 5123.199, 5126.035, 5126.036, 5126.053, 5126.431, 5126.44, 5126.451, 5747.61, 5747.62, 5747.63, and 6111.441 of the Revised Code; to amend Section 310.10 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 Section 153 of Am. Sub. H.B. 117 of the 121st General Assembly, as subsequently amended, to amend the version of section 127.16 of the Revised Code that is scheduled to take effect July 1, 2007, 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 confirm and 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 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 9.90, 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, 118.01, 118.08, 118.17, 118.20, 118.23, 119.07, 120.33, 122.17, 122.171, 122.602, 124.152, 125.45, 125.93, 125.96, 125.97, 125.98, 126.07, 126.08, 126.16, 126.21, 126.22, 127.14, 127.16, 131.44, 133.01, 133.10, 133.25, 135.35, 135.352, 151.08, 151.40, 152.31, 156.02, 164.03, 164.05, 164.051, 164.08, 164.09, 166.08, 173.04, 173.35, 173.85, 173.86, 174.03, 174.06, 183.01, 183.021, 183.17, 183.33, 183.34, 183.35, 307.021, 307.37, 307.695, 307.6910, 307.98, 307.981, 308.04, 317.08, 319.202, 319.281, 319.54, 321.08, 322.01, 323.151, 323.152, 323.153, 323.154, 325.31, 329.04, 329.05, 329.14, 340.03, 505.376, 517.08, 521.01, 709.191, 711.05, 711.10, 711.131, 718.13, 742.301, 1503.05, 1504.02, 1506.01, 1506.99, 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, 1548.06, 1555.08, 1557.03, 1901.34, 2151.362, 2913.40, 2921.42, 2927.023, 2935.03, 3109.04, 3109.041, 3119.022, 3119.023, 3119.27, 3119.29, 3119.30, 3125.12, 3301.0711, 3301.0714, 3301.53, 3302.03, 3302.10, 3311.24, 3313.41, 3313.603, 3313.615, 3313.64, 3313.646, 3313.66, 3313.661, 3313.98, 3314.015, 3314.02, 3314.074, 3314.08, 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, 3317.04, 3317.06, 3317.08, 3317.16, 3317.20, 3317.201, 3318.12, 3318.15, 3318.26, 3319.55, 3323.01, 3323.11, 3327.05, 3333.04, 3333.122, 3333.38, 3357.01, 3365.01, 3375.05, 3375.121, 3375.40, 3375.85, 3381.04, 3501.17, 3701.74, 3701.741, 3701.83, 3702.52, 3702.5211, 3702.5212, 3702.5213, 3702.57, 3702.68, 3704.03, 3704.14, 3705.24, 3709.09, 3709.091, 3721.51, 3721.541, 3721.56, 3734.57, 3735.672, 3745.11, 3769.087, 3770.03, 3770.06, 3905.36, 4123.35, 4141.09, 4301.43, 4503.06, 4503.061, 4503.064, 4503.065, 4503.066, 4503.067, 4503.10, 4503.102, 4503.35, 4505.06, 4513.263, 4513.35, 4519.55, 4715.251, 4717.07, 4723.621, 4723.63, 4723.64, 4723.65, 4723.66, 4731.142, 4731.22, 4736.01, 4743.05, 4755.03, 4766.05, 4775.08, 4921.40, 5101.162, 5101.21, 5101.211, 5101.212, 5101.213, 5101.24, 5101.242, 5101.244, 5101.51, 5101.571, 5101.572, 5101.58, 5101.59, 5101.802, 5101.98, 5104.30, 5107.02, 5107.03, 5107.05, 5107.10, 5107.12, 5107.14, 5107.16, 5107.17, 5107.281, 5107.30, 5107.36, 5107.41, 5107.42, 5111.01, 5111.014, 5111.016, 5111.019, 5111.0112, 5111.023, 5111.03, 5111.06, 5111.084, 5111.10, 5111.101, 5111.163, 5111.17, 5111.172, 5111.20, 5111.871, 5111.8814, 5111.891, 5111.95, 5111.96, 5112.341, 5115.12, 5119.611, 5123.01, 5123.043, 5123.045, 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, 5123.603, 5123.604, 5123.99, 5126.038, 5126.042, 5126.046, 5126.054, 5126.055, 5126.056, 5126.057, 5126.06, 5126.11, 5126.12, 5126.15, 5126.18, 5126.19, 5126.25, 5126.40, 5126.42, 5126.43, 5126.45, 5126.47, 5139.27, 5139.271, 5139.43, 5302.30, 5528.54, 5531.10, 5537.04, 5537.16, 5537.99, 5705.28, 5705.281, 5705.29, 5705.30, 5705.31, 5705.32, 5705.321, 5705.37, 5705.44, 5709.68, 5709.882, 5715.36, 5719.041, 5725.151, 5725.24, 5727.45, 5727.81, 5727.84, 5727.85, 5727.87, 5733.12, 5733.98, 5739.02, 5739.033, 5739.12, 5739.21, 5741.02, 5741.03, 5743.01, 5743.20, 5743.331, 5745.02, 5745.05, 5745.13, 5747.03, 5747.46, 5747.47, 5747.48, 5747.50, 5747.501, 5747.51, 5747.52, 5747.53, 5747.54, 5747.55, 5747.98, 5748.01, 5748.02, 5748.021, 5748.04, 5748.08, 5751.20, 5751.21, 5751.23, 5907.15, 6109.21, 6111.04, 6111.44, 6121.04, 6121.043, 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), 3702.63 (3702.591), 3702.68 (3702.59), 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 and 5123.16 and sections 122.051, 122.071, 122.076, 122.174, 126.04, 126.24, 126.40, 131.51, 183.51, 183.52, 901.261, 991.08, 1713.031, 3123.23, 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, 3314.016, 3314.086, 3314.087, 3314.19, 3317.161, 3323.052, 3327.17, 3333.50, 3333.55, 3345.02, 3353.20, 3353.21, 3353.22, 3353.23, 3353.24, 3353.25, 3353.26, 3353.27, 3353.28, 3353.29, 3353.30, 3357.13, 3701.135, 4766.22, 4923.26, 5101.541, 5101.573, 5101.574, 5101.575, 5101.591, 5107.04, 5111.0119, 5111.028, 5111.029, 5111.031, 5111.032, 5111.085, 5111.102, 5111.165, 5111.84, 5111.861, 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, 5323.011, 5533.91, 5733.48, 5739.029, 5739.213, 5747.77, 5748.022, 5907.16, and 6111.0381 of the Revised Code be enacted to read as follows:
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) 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. 109.57. (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, 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 5111.033 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. 118.01. As used in this chapter:
(A) "Advance tax payment notes" means the notes authorized
by section 118.24 of the Revised Code.
(B) "Appropriation measure" means any appropriation
measure, amendment of an appropriation measure, or supplement to
an appropriation measure of a municipal corporation,
county, or township referred to in
sections 5705.38 and 5705.40 of the Revised Code and any other
action of a municipal corporation, county, or
township authorizing expenditure of money not
previously included in any appropriation measure.
(C) "Bond anticipation notes" means notes issued in
anticipation of the issuance of bonds.
(D) "Certificate of estimated resources" means the
official certificate of estimated resources of the county budget
commission and amendments of the certificate certified to the
municipal corporation, county, or township
as provided for in Chapter 5705. of the Revised
Code.
(E) "Commission" means a financial planning and
supervision commission created by section 118.05 of the Revised
Code with respect to a municipal corporation, county,
or township.
(F) "Construction funds" means proceeds from the sale of
debt obligations restricted by law or pursuant to the proceedings
for the issuance of such debt obligations to use for permanent
improvements as defined in division (E) of section 5705.01 of the
Revised Code, including acquisition, construction, or extension
of public utilities, and moneys from any other sources restricted
to such purpose.
(G) "County auditor" means the county auditor with whom tax
budgets of the municipal corporation, county, or
township
are to be filed in accordance with
section 5705.30 of the Revised Code.
(H) "County budget commission" means the county budget
commission to which the tax budget of the municipal
corporation, county, or township is to be
submitted in accordance with section 5705.31 of the Revised Code.
(I) "Current revenue notes" means debt obligations
described in section 133.10 or Chapter 5705. of the Revised Code
or any other debt obligations issued to obtain funds for current
operating expenses.
(J) "Debt limits" means the limitations on net
indebtedness provided in sections 133.05,
133.07, and 133.09 of the Revised Code, and
also includes the limitation, known as the "indirect debt limit,"
upon the issuance of unvoted bonds, notes, or certificates of
indebtedness resulting from the ten-mill limitation provided for
in section 5705.02 of the Revised Code.
(K) "Debt obligations" means bonds, notes, certificates of
indebtedness, bond anticipation notes, current revenue notes,
local government fund notes, local communities fund notes, or other obligations issued or
incurred in borrowing money, or to renew, refund, fund, or
refinance, or issued in exchange for, such obligations, and any
interest coupons pertaining thereto other than bonds or other
obligations issued under authority of Section 13 of Article VIII,
Ohio Constitution.
(L) "Default" means failure to pay the principal of or the
interest on a debt obligation, or failure to make other payment
to be made to the holder or owner of a debt obligation, in the
full amount and at the time provided for in the contractual
commitment with respect thereto, unless the time for such payment
has been extended by the owner or holder of the debt obligation
without penalty or premium and without the effect of subjecting
the municipal corporation, county, or township
to the initiation of remedies pertaining to such
debt obligation or other debt obligations.
(M) "Deficit fund" means the general fund or any special
fund that, as at the time indicated, has a deficit balance or a
balance that is less than the amount required to be in such fund
pursuant to law or pursuant to contractual requirements,
demonstrating that over a period of time expenditures charged or
chargeable to the fund have exceeded moneys credited to the fund,
or that moneys credited to the fund have not been in the amounts
required by law or contractual requirements.
(N) "Effective financial accounting and reporting system"
means an accounting and reporting system fully in compliance with
the requirements prescribed by and pursuant to Chapter 117. of
the Revised Code, with such modifications and supplements as are
to be provided pursuant to this chapter in order to meet and deal
with the fiscal emergency, provide to the auditor of state, the
commission, the financial supervisor, and the county budget
commission the information needed to carry out their functions,
and better ensure the implementation of the financial plan.
(O) "Financial plan" means the financial plan approved by
the commission in accordance with section 118.06 of the Revised
Code, as it may from time to time be amended in accordance with
this chapter.
(P) "Financial supervisor" means the auditor of state.
(Q) "Fiscal emergency" means the existence of fiscal
emergency conditions determined as provided in section 118.04 of
the Revised Code.
(R) "Fiscal emergency conditions" means any of the events
or occurrences described in section 118.03 of the Revised Code.
(S) "Fiscal emergency period" means the period of time
commencing on the date when the determination of a fiscal
emergency is made by the auditor of state pursuant to section
118.04 of the Revised Code and ending when the determination of
termination is made and certified pursuant to section 118.27 of
the Revised Code.
(T) "Fiscal watch" means the existence of fiscal watch conditions
as determined in accordance with section 118.022 of the Revised Code.
(U) "Fiscal officer" means the fiscal officer of the
municipal corporation, county, or township as
defined in division (D) of section 5705.01 of the
Revised Code.
(V) "Fringe benefits" means expenditures for goods and
services furnished to municipal, county, or township officers or
employees by the
municipal corporation, county, or township,
including, but not limited to, such benefits as
food, temporary housing, and clothing, and the provision of
pension, retirement, disability, hospitalization, health care,
insurance, or other benefits to employees requiring the advance
payment of money other than directly to employees or other
beneficiaries, or the deposit or reservation of money for such
purpose.
(W) "General fund" means the fund referred to in division
(A) of section 5705.09 of the Revised Code.
(X) "General fund budget" means aggregate revenues
available in the general fund during the applicable fiscal year
as shown by the certificate of estimated resources.
(Y) "Mayor" means the officer of the
municipal corporation designated as such by law or the chief executive officer
under
the charter of the municipal corporation.
(Z) "Payroll" means compensation due and payable to
employees of the municipal corporation, county, or
township, other than fringe benefits.
(AA) "Revenue estimates" means the estimates of revenue
receipts to the credit of the general fund and special funds as
estimated and supplemented, modified, or amended by the
municipal corporation, county, or township,
or the county budget commission.
(BB) "Special funds" means any of the funds, other than
the general fund, referred to in sections 5705.09 and 5705.12 of
the Revised Code, and includes any fund created from the issuance
of debt obligations pursuant to Section 3 or 12 of Article XVIII,
Ohio Constitution, and any fund created in connection with the
issuance of debt obligations to provide moneys for the payment of
principal or interest, reserves therefor, or reserves or funds
for repair, maintenance, or improvements.
(CC) "Tax budget" means the tax budget provided for in
section 5705.28 of the Revised Code.
Sec. 118.08. (A) The members of the financial planning and
supervision commission
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.
(B) All expenses incurred for services rendered by the
financial supervisor for a period of twenty-four months shall be
paid by the commission pursuant to an appropriation made by the
general assembly for this purpose. Expenses incurred for
services
rendered by the financial supervisor beyond this period
shall be
borne by the municipal corporation, county, or township
unless the
director of budget and management waives the costs
and allows
payment in accordance with the following:
(1) If the continued performance of the financial
supervisor
is required for a period of twenty-five to thirty months, the
municipal corporation, county, or township is responsible
for
twenty per cent of the compensation due.
(2) If the continued performance of the financial
supervisor
is required for a period of thirty-one to thirty-six months, the
municipal corporation, county, or township is responsible
for
fifty per cent of the compensation due.
(3) If the continued performance of the financial
supervisor
is required for a period of thirty-seven months or more, the
municipal corporation, county, or township is responsible
for one
hundred per cent of the compensation due except as otherwise
provided in division (B)(4) of this section.
(4)
If the continued
performance
of the financial supervisor
has been required longer
than eight
fiscal years for any
municipal
corporation, county, or
township declared to be in a fiscal
emergency prior to fiscal year
1996, that municipal corporation,
county, or
township is
responsible for fifty per cent of the
compensation due in
its
ninth fiscal
year
while in fiscal
emergency and one hundred
per cent of the compensation due in
its
tenth fiscal year
and
every fiscal year thereafter while in
fiscal emergency.
(C) If the municipal
corporation, county, or township fails
to make any payment to
the financial supervisor as required by
this chapter, the
financial supervisor may certify to the county
auditor the
amount due, and that amount shall be withheld from the
municipal
corporation, county, or township from any fund or funds
in the
custody of the county auditor for distribution to the
municipal
corporation, county, or township, except for those
reserved for
payment of local government fund or local communities fund notes. Upon
receiving
the
certification from the
financial supervisor, the
county auditor
shall draw a voucher for
the amount against
those
fund or funds
in favor of the
financial supervisor.
Sec. 118.17. (A) During a fiscal emergency period and
with the approval of the financial planning and supervision
commission, a municipal corporation, county, or
township
may issue local government communities fund notes,
in anticipation of amounts to be allocated to it pursuant to
division (B) of section 5747.50 of the Revised Code or to be
apportioned to it under section 5747.51 or 5747.53 of the Revised
Code in a future year or years, for a period of no more than
eight calendar years. The principal amount of the notes and
interest on the notes due and payable in any year shall not
exceed fifty per cent of the total amount of local government fund or local communities
fund moneys so allocated or apportioned to the
municipal corporation, county, or township for
the year preceding the year in which the notes are issued. The
notes may mature in semiannual or annual
installments in such
amounts as may be fixed by the commission, and need not mature in
substantially equal semiannual or annual installments. The notes
of a municipal corporation may be authorized and issued, subject to the
approval of the
commission, in the manner provided in sections 717.15 and 717.16
of the Revised Code, except that, notwithstanding division (A)(2)
of section 717.16 of the Revised Code, the rate or rates of
interest payable on the notes shall be the prevailing market rate
or rates as determined and approved by the commission, and except
that they shall not be issued in anticipation of bonds, shall not
constitute general obligations of the municipal
corporation, and shall not
pledge the full faith and credit of the municipal
corporation.
(B) The principal and interest on the notes provided for
in this section shall be payable, as provided in this section,
solely from the portion of the local government communities fund that would
otherwise be apportioned to the municipal corporation,
county, or township and shall not be
payable from or constitute a pledge of or claim upon, or require
the levy, collection, or application of, any unvoted ad valorem
property taxes or other taxes, or in any manner occupy any
portion of the indirect debt limit.
(C) Local government communities fund notes may be issued only to the
extent needed to achieve one or more of the following objectives
of the financial plan:
(1) Satisfying any contractual or noncontractual
judgments, past due accounts payable, and all past due and
payable payroll and fringe benefits to be taken into account
under section 118.03 of the Revised Code;
(2) Restoring to construction funds or other restricted
funds any money applied from such funds to uses not within the
purposes of such funds and which could not be transferred to such
use under section 5705.14 of the Revised Code;
(3) Eliminating deficit balances in all deficit funds,
including funds that may be used to pay operating expenses.
In addition to the objectives set forth in divisions (C)(1)
to (3) of this section, local government communities fund notes may be issued
and the proceeds of those notes may be used for the purpose of
retiring or replacing other moneys used to retire current revenue
notes issued pursuant to section 118.23 of the Revised Code to
the extent that the proceeds of the current revenue notes have
been or are to be used directly or to replace other moneys used
to achieve one or more of the objectives of the financial plan
specified in divisions (C)(1) to (3) of this section. Upon
authorization of the local government communities fund notes by the
legislative authority of the municipal corporation,
county, or township, the proceeds of the local
government communities fund notes and the proceeds of any such current
revenue notes shall be deemed to be appropriated, to the extent
that the proceeds have been or are to be so used, for the
purposes for which the revenues anticipated by any such current
revenue notes are collected and appropriated within the meaning
of section 133.10 of the Revised Code.
(D) The need for an issue of local government communities fund notes
for such purposes shall be determined by taking into
consideration other money and sources of moneys available
therefor under this chapter or other provisions of law, and
calculating the respective amounts needed therefor in accordance
with section 118.03 of the Revised Code, including the deductions
or offsets therein provided, for determining that a fiscal
emergency condition exists, and by eliminating any duplication of
amounts thereunder. The respective amounts needed to achieve
such objectives and the resulting aggregate net amount shall be
determined initially by a certification of the fiscal officer as
and to the extent approved by the financial supervisor. The
principal amount of such notes shall not exceed the aggregate net
amount needed for such purposes. The aggregate amount of all
issues of such notes shall not exceed three times the average of
the allocation or apportionment to the municipal
corporation, county, or township of moneys
from the local government communities fund in each of the three fiscal years
preceding the fiscal year in which the notes are issued.
(E) The proceeds of the sale of local government communities fund
notes shall be appropriated by the municipal
corporation, county, or township for and shall be
applied only to the purposes, and in the respective amounts for
those purposes, set forth in the certification given pursuant to
division (D) of this section, as the purposes and amounts may be
modified in the approval by the commission provided for in this
section. The proceeds shall be deposited in separate accounts
with a fiscal agent designated in the resolution referred to in
division (F) of this section and released only for such
respective purposes in accordance with the procedures set forth
in division (D) of section 118.20 of the Revised Code. Any
amounts not needed for such purposes shall be deposited with the
fiscal agent designated to receive deposits for payment of the
principal of and interest due on the notes.
(F) An application for approval by the financial planning
and supervision commission of an issue of local government communities fund
notes shall be authorized by a preliminary resolution adopted by
the legislative authority. The resolution may authorize the
application as a part of the initial submission of the financial
plan for approval or as a part of any proposed amendment to an
approved financial plan or at any time after the approval of a
financial plan, or amendment to a financial plan, that proposes
the issue of such notes. The preliminary resolution shall
designate a fiscal agent for the deposit of the proceeds of the
sale of the notes, and shall contain a covenant of the
municipal corporation, county, or township to
comply with this chapter and the financial plan.
The commission shall review and evaluate the application
and supporting certification and financial supervisor action, and
shall thereupon certify its approval or disapproval, or
modification and approval, of the application.
The commission shall certify the amounts, maturities,
interest rates, and terms of issue of the local government communities fund
notes approved by the commission and the purposes to which the
proceeds of the sale of the notes will be applied in respective
amounts.
The commission shall certify a copy of its approval, of the
preliminary resolution, and of the related certification and
action of the financial supervisor to the fiscal officer, the
financial supervisor, the county budget commission, the county
auditor, the county treasurer, and the fiscal agent designated to
receive and disburse the proceeds of the sale of the notes.
(G) Upon the sale of any local government communities fund notes
issued under this section, the commission shall determine a
schedule for the deposit of local government communities fund distributions
that are pledged for the payment of the principal of and interest
on the notes with the fiscal agent or trustee designated in the
agreement between the municipal corporation, county, or
township and the holders of the notes
to receive and disburse the distributions. The amounts to be
deposited shall be adequate to provide for the payment of
principal and interest on the notes when due and to pay all other
proper charges, costs, or expenses pertaining thereto.
The amount of the local government communities fund moneys apportioned
to the municipal corporation, county, or township
that is to be so deposited in each year shall
not be included in the tax budget and
appropriation measures of the municipal corporation, county, or
township, or in certificates of estimated revenues,
for that year.
The commission shall certify the schedule to the officers
designated in division (F) of this section.
(H) Deposit of amounts with the fiscal agent or trustee
pursuant to the schedule determined by the commission shall be
made from local government communities fund distributions to or apportioned
to the municipal corporation, county, or township
as provided in this division. The
apportionment of local government communities fund moneys to the
municipal corporation, county, or township
for any year from the undivided local government communities fund shall be
determined as to the municipal corporation, county, or
township without regard to the amounts
to be deposited with the fiscal agent or trustee in that year in
accordance with division (G) of this section. After the amount
of the undivided local government communities fund apportioned to the
municipal corporation, county, or township for a
calendar year is determined, the county
auditor and the county treasurer shall withhold from each monthly
amount to be distributed to the municipal corporation,
county, or township from the undivided
local government communities fund, and transmit to the fiscal agent or
trustee for deposit, one-twelfth of the amount scheduled for
deposit in that year pursuant to division (G) of this section.
(I) If the commission approves the application, the
municipal corporation, county, or township may
proceed with the issuance of the notes as
approved by the commission.
All notes issued under authority of this section are lawful
investments for the entities enumerated in division (A)(1) of
section 133.03 of the Revised Code and are eligible as security
for the repayment of the deposit of public moneys.
Upon the issuance of any notes under this section, the
fiscal officer of the municipal corporation, county, or township
shall certify the
fact of the issuance to the county auditor and shall also certify
to the county auditor the last calendar year in which any of the
notes are scheduled to mature.
(J) After the legislative authority of the municipal
corporation, county, or township
has passed an ordinance or resolution authorizing the issuance of
local
government communities fund notes and subsequent to the commission's
preliminary or final approval of the ordinance or resolution, the director of
law, prosecuting attorney, or other chief legal officer
of the municipal corporation, county, or township
shall
certify a sample of the form and content of a note to be used to
issue the local government communities fund notes to the commission. The
commission shall determine whether the sample note is consistent
with this section and the ordinance or resolution authorizing the issuance of
the local government communities fund notes, and if the sample note is found
to be consistent with this section and the ordinance, the
commission shall approve the sample note for use by the
municipal corporation, county, or township. The
form and content of the notes to be used by
the municipal corporation, county, or township in
issuing the local government communities fund notes may
be modified at any time subsequent to the commission's approval
of the sample note upon the approval of the commission and the
director of law, prosecuting
attorney, or other chief legal officer of the municipal
corporation, county, or township. The
failure of the director of law, prosecuting attorney, or
other chief legal officer of
the municipal corporation, county, or township to
make the certification required by this
division shall not subject that legal officer to removal
pursuant to the Revised
Code or the charter of a municipal corporation.
If the director of law, prosecuting attorney, or
other chief legal officer fails or refuses to make the
certification required by this division, or if any officer of the
municipal corporation, county, or township fails or
refuses to take any action required by this
section or the ordinance or resolution authorizing the issuance or sale of
local government communities fund notes, the mayor of the municipal
corporation or the board of county commissioners or board of township
trustees may
cause the commencement of a mandamus action in the supreme court
against the director of law, prosecuting attorney, or
other chief legal officer to
secure the certification required by this division or other
action required by this section or the ordinance or resolution. If an
adjudication of the matters that could be adjudicated in
validation proceedings under section 133.70 of the Revised Code
is necessary to a determination of the mandamus action, the mayor,
the board of county commissioners, or the board of township trustees or
the mayor's or board's legal counsel shall name and cause to
be served as defendants to
the mandamus action all of the following:
(1) The director of law, prosecuting attorney, or other
chief legal officer, or
other official of the municipal corporation, county, or
township, whose failure or refusal to
act necessitated the action;
(2) The municipal corporation, through its
mayor, or the board of county commissioners or board of township
trustees;
(3) The financial planning and supervision commission,
through its chairperson;
(4) The prosecuting attorney and auditor of each county in
which the municipal corporation, county, or
township is located, in whole or in part;
(5) The auditor of state;
(6) The property owners, taxpayers, citizens of the
municipal corporation, county, or township and
others having or claiming any right, title, or
interest in any property or funds to be affected by the issuance
of the local government communities fund notes by the municipal
corporation, county, or township, or
otherwise affected in any way thereby.
Service upon all defendants described in division (J)(6) of
this section shall be by publication three times, with at least
six days between each publication, in a newspaper of general
circulation in Franklin county and a newspaper of general
circulation in the county or counties where the
municipal corporation, county, or township is
located. The publication and the notice shall indicate that the
nature of the action is in mandamus, the name of the parties to
the action, and that the action may result in the validation of
the subject local government communities fund notes. Authorization to
commence such an action by the legislative authority of the
municipal corporation, county, or township is not
required.
A copy of the complaint in the mandamus action shall be
served personally or by certified mail upon the attorney general.
If the attorney general has reason to believe that the complaint
is defective, insufficient, or untrue, or if in the attorney
general's opinion the
issuance of the local government communities fund notes is not lawful or has
not been duly authorized, defense shall be made to the complaint
as the attorney general considers proper.
(K) The action in mandamus authorized by division (J) of
this section shall take priority over all other civil cases
pending in the court, except habeas corpus, and shall be
determined with the least possible delay. The supreme court may
determine that the local government communities fund notes will be consistent
with the purpose and effects, including not occupying the
indirect debt limit, provided for in this section and will be
validly issued and acquired. Such a determination shall include
a finding of validation of the subject local government communities fund
notes if the court specifically finds that:
(1) The complaint in mandamus, or subsequent pleadings,
include appropriate allegations required by division (C) of
section 133.70 of the Revised Code, and that the proceeding is in
lieu of an action to validate under section 133.70 of the Revised
Code;
(2) All parties described in divisions (J)(1) to (6) of
this section have been duly served with notice or are otherwise
properly before the court;
(3) Notice of the action has been published as required by
division (J) of this section;
(4) The effect of validation is required to provide a
complete review and determination of the controversy in mandamus,
and to avoid duplication of litigation, danger of inconsistent
results, or inordinate delay in light of the
fiscal emergency, or that a disposition in the mandamus action
would, as a practical matter, be dispositive of any subsequent
validation proceedings under section 133.70 of the Revised Code.
(L) Any decision that includes a finding of validation has
the same effect as a validation order established by an action
under section 133.70 of the Revised Code.
(M) Divisions (J) and (K) of this section do not prevent a
municipal corporation, county, or township from
using section 133.70 of the Revised Code to
validate local government communities fund notes by the filing of a petition
for validation in the court of common pleas of the county in
which the municipal corporation, county, or
township is located, in whole or in part.
(N) It is hereby determined by the general assembly that a
validation action authorized by section 133.70 of the Revised
Code is not an adequate remedy at law with respect to a
municipal corporation, county, or township that is
a party to a mandamus action pursuant to
divisions (J) and (K) of this section and in which a fiscal
emergency condition has been determined to exist pursuant to
section 118.04 of the Revised Code because of, but not limited
to, the following reasons:
(1) It is urgently necessary for such a municipal
corporation, county, or township to
take prompt action to issue local government communities fund notes for the
purposes provided in division (C) of this section;
(2) The potentially ruinous effect upon the fiscal
condition of a municipal corporation, county, or
township by the passage of the time required
to adjudicate such a separate validation action and any appeals
thereof;
(3) The reasons stated in division (K)(4) of this section.
Sec. 118.20. Pursuant to section 118.19 of the Revised
Code:
(A) The ordinance or resolution authorizing the debt obligations may
provide for the pledge of, and covenants to levy, charge,
collect, deposit, and apply ad valorem property taxes, income
taxes, excises, utility revenues, local government communities fund receipts,
permit and license fees, and any other receipts from taxes,
permits, licenses, fines, or other sources of revenue of the
municipal corporation, county, or township; accrued
and capitalized interest and premium from
the proceeds of the sale of the debt obligations, lawfully
available for the purpose, to the payment of the debt service and
costs of issuing, carrying, redeeming, and retiring such debt
obligations; covenants in respect of the establishment,
investment, segregation, and maintenance of any funds or reserves
in connection with the debt obligations and any other funds of
the municipal corporation, county, or township. No
pledge may be made in a manner which
impairs the contract rights of the holders of any outstanding
debt obligations.
(B) The ordinance or resolution authorizing the debt obligations may
designate a fiscal agent for the debt obligations, or the fiscal
agent may be designated by other ordinance or resolution of the
legislative authority of the municipal corporation,
county, or township. The fiscal agent may
be a purchaser of such debt obligations or other debt obligations
of the municipal corporation, county, or township.
(C) The ordinance or resolution authorizing the debt obligations may
provide for immediate or periodic deposit of pledged receipts or
a portion thereof in one or more separate bank accounts, funds,
or other accounts established with the fiscal agent. Provision
may be made therein for pledged receipts that are collected by
the state, the county, the township, or any agency for the
municipal corporation, county, or township to be
transferred by the appropriate officer of the state or county or
agency having charge of the collection or distribution of such
pledged receipts directly to the fiscal agent for deposit under
the ordinance or resolution. Such officers of the state and county or
agent
shall transfer such pledged receipts in accordance with this
section and the ordinance. The fiscal agent shall disburse funds
so held for payments when due in accordance with the ordinance or resolution,
including the transfer of funds to paying agents for the debt
obligations at the times and in the amounts required. Until
needed for such purposes, the fiscal agent shall invest the funds
on behalf of the municipal corporation, county, or
township in obligations that are lawful for
the investment of public funds of the municipal
corporation, county, or township, including
provisions for such investments in a
municipal charter, in the manner
provided for in the ordinance or resolution. Funds held by the fiscal agent
and all moneys and securities therein and pledged receipts
payable thereto in accordance with the ordinance or resolution are hereby
declared to be property of the municipal corporation,
county, or township devoted to essential
governmental purposes and accordingly shall not be applied to any
purpose other than as provided herein and shall not be subject to
any order, judgment, lien, execution, attachment, setoff, or
counterclaim by any creditor of the municipal
corporation, county, or township other than a
creditor for whose benefit such fund is established and
maintained and who is entitled thereto under and pursuant to this
section.
(D) The ordinance or resolution authorizing the debt obligations shall
provide that proceeds of the debt obligations shall be deposited
with a fiscal agent in a special and separate bank account and
held in trust and expended only for the object or purpose for
which such debt obligations were issued. A copy of the ordinance
or resolution authorizing the debt obligations shall be filed with such fiscal
agent at or prior to the time the proceeds are made available to
the municipal corporation, county, or township. No
moneys shall be withdrawn from such account
unless there is filed with such fiscal agent a written
requisition of the fiscal officer of the municipal
corporation, county, or township or the fiscal officer's
authorized deputy, setting forth the item number of the
requisition or the account to be charged, the name of the person
to whom payment is due, the amount to be paid, a statement to the
effect that the obligation in the stated amount has been incurred
by the municipal corporation, county, or
township and is a proper charge against such account,
and such other information as may be required by the ordinance or
resolution.
Pending such withdrawals, the moneys shall be invested for and on
behalf of the municipal corporation, county, or
township by the fiscal agent in obligations
which are lawful for the investment of public funds of the
municipal corporation, county, or township,
including provisions for such
investments in a municipal charter, in the manner as provided for in the
ordinance or
resolution.
(E) Amounts held by fiscal agents shall be accounted for
in the appropriate special funds of the municipal
corporation, county, or township as if held
in the treasury of the municipal corporation, county,
or township, and the fiscal agents shall
provide such information to the municipal corporation,
county, or township as is necessary for
the purpose.
(F) The ordinance or resolution authorizing the debt obligations may
contain covenants of the municipal corporation, county,
or township to protect and safeguard
the security and rights of the holders of such debt obligations,
and without limiting the generality of the foregoing, such
ordinance or resolution may contain covenants as to:
(1) Establishment and maintenance of the funds to be held
by fiscal agents as provided in this section and section 118.23
of the Revised Code, the times, amounts, and levels for deposits
to such funds, and the obligations in which the proceeds of such
funds may be invested pending their use, subject to such
limitations on investment of public funds otherwise provided for
by law or pursuant to the charter of a municipal
corporation;
(2) The appointment, rights, powers, and duties of the
fiscal agent, including limiting or abrogating the right of the
holders to appoint a trustee pursuant to section 118.21 of the
Revised Code and vesting in the fiscal agent all or any of such
rights, powers, and duties, in trust;
(3) The execution of a credit agreement with the fiscal
agent for the benefit of holders of such debt obligations and for
the benefit of any other holders of other debt obligations of the
municipal corporation, county, or township then
outstanding, provided, however, that such
benefit conferred on such holders of such outstanding debt
obligations shall not be deemed to restrict, preclude, or
otherwise impair any rights that such holders otherwise may
assert;
(4) Filings, review, and correction of tax budgets,
appropriation measures, annual reports, audits, and other matters
of financial record;
(5) Compliance with the provisions of this chapter and the
financial plan and other laws applicable to the
municipal corporation, county, or township
including Chapters 133. and 5705. of the Revised Code, and with
further restrictions on the powers, rights, and duties of the
municipal corporation, county, or township
necessary, appropriate, or desirable for the proper,
provident, and efficient management of financial affairs that the
municipal corporation, county, or township, with
the approval of the commission or, when
authorized by the commission, the financial supervisor,
determines will assure prompt payment when due of its debt
obligations;
(6) Conditions that would give rise to an event of default
under the terms of such ordinance and actions and remedies that
the fiscal agent may take or assert on behalf of the holders of
such debt obligations;
(7) Restrictions on the issuance of other debt
obligations.
Sec. 118.23. (A) This section shall be applicable to
current revenue notes approved by the financial planning and
supervision commission or, when authorized by the commission, the
financial supervisor pursuant to section 118.15 of the Revised
Code and issued by a municipal corporation, county, or
township pursuant to section 133.10 of
the Revised Code and this section during a fiscal emergency
period.
(B) In the case of the issuance of such current revenue
notes in anticipation of ad valorem property taxes, the county
auditors of the counties in which the municipal
corporation, county, or township is located, at
the time of and from each distribution to the municipality of the
proceeds of the anticipated taxes, including any payments from
the state pursuant to sections 321.24 and 323.156 of the Revised
Code, whether such distribution be in the form of an advance or
settlement that would otherwise have been paid to a fund or funds
of the municipal corporation, county, or township,
shall draw a separate warrant for payment to
the county auditor for deposit in a special account to be held
and applied pursuant to this section by the county auditor as
fiscal agent and entitled "....... (insert name of
municipal corporation, county, or township)
current tax revenue note retirement account," that portion of
such distribution as provided for in the ordinance or resolution authorizing
such notes pursuant to this section.
(C) In the case of the issuance of such current revenue
notes in anticipation of revenues other than ad valorem property
taxes, the ordinance or resolution authorizing such notes shall provide for
the
times and amounts of deposits with the fiscal agent by the
municipal corporation, county, or township of
moneys from the revenues anticipated that shall
be deposited in a special account to be held and applied by the
fiscal agent pursuant to this section and entitled "..........
(insert name of municipal corporation, county, or
township) current revenue note retirement
account." Such ordinance or resolution may provide for the direct deposit to
such account by the auditor of state and the county auditor or
county auditors of the receiving counties, as appropriate, of
such portions as therein specified of local government communities fund
distribution to be made to the municipal corporation,
county, or township.
(D) The moneys in the accounts provided for in divisions
(B) and (C) of this section are pledged and shall be used, so
long as any portion of the debt service on such notes payable
from the respective account is unpaid, solely for the purpose of
paying such debt service, and for any reserves for debt service
provided for in the ordinance or resolution authorizing such debt
obligations. If accumulated payments into either account produce an amount
less than that needed to make a timely payment of debt service or
to such reserves, the full amount needed to make up any such
deficiency shall be paid, in the case of the current tax revenue
note retirement account, by the county auditor into such account
from the last distribution or distributions to the
municipal corporation, county, or township
of the proceeds of the anticipated taxes to be received prior to
the date of such payment, and in the case of the current revenue
note retirement account, by the fiscal officer from the
anticipated revenues received prior to the date of such payment.
(E) The amounts to be deposited in each respective account
pursuant to divisions (B), (C), and (D) of this section must be
sufficient, in time and amount, to pay the principal of and
interest on current notes payable from such account at their
stated payment dates and to develop and maintain the required
amounts in any such reserves.
(F) The municipal corporation, county, or township
shall not be entitled to receive from
the fiscal agent any moneys held in the current tax revenue note
retirement account or current revenue note retirement account,
except that any surplus moneys remaining in either such account
after the payment in full of the debt service on the notes
payable therefrom shall be paid to the municipal
corporation, county, or township, to be used
for any lawful purpose of the municipal corporation,
county, or township for which the
anticipated revenues themselves might have been used.
(G) Current revenue notes of a municipal corporation,
county, or township issued during
a fiscal emergency period may mature on or before the
thirty-first day of December of the calendar year in which
issued, may, when issued in anticipation of the collection of
current tax revenues, anticipate one-half of the amount that the
budget commission estimates the subdivision will receive from all
property taxes that are to be distributed to the subdivision from
all settlements of taxes that are to be made in the remainder of
that year, other than taxes to be received for the payment of
debt charges, and less all advances, and may, if issued during
the last two months of the calendar year in which the fiscal
emergency period commenced, anticipate one-half the estimated
amount of ad valorem property taxes levied in that year for the
tax budget of the following year which were authorized to be
levied by the municipal charter or otherwise
authorized
by vote of the electorate of the municipal corporation,
county, or township and may mature not
later than the thirty-first day of December of the year following
the year in which such notes are issued, notwithstanding section
133.10 of the Revised Code.
(H) Pursuant to section 118.19 of the Revised Code, the
municipal corporation, county, or township may
utilize any of the special provisions of
sections 118.20 to 118.22 of the Revised Code in connection with
such current revenue notes.
(I) Before any such current revenue notes may be
authorized, the municipal corporation, county, or
township shall submit to the commission and
the commission or, when authorized by the commission, the
financial supervisor shall approve:
(1) A schedule of projected revenues and expenses of the
municipal corporation, county, or township during
the period in which such notes would be
outstanding, demonstrating an anticipated cash flow deficit
during such period, the amount of such anticipated cash flow
deficit, and the necessity for the issuance of such current
revenue notes to avoid the occurrence of such a cash flow
deficit;
(2) The terms of the proposed notes, including the
interest rate or rates to be paid thereon;
(3) The schedule, showing times, amounts, and sources of
payment, for deposits into the account from which such notes are
to be paid;
(4) Other documents and data required under section 118.15
of the Revised Code.
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 or certified 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 or certified 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 or certified mail, as required by
sections 119.01 to 119.13 of the Revised Code, is returned
because of failure of delivery 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. If a notice sent by ordinary mail is returned showing failure of delivery, the agency shall notify the attorneys or other representatives of record representing the party of the failure of delivery and serve a copy of the notice upon them, by ordinary or registered or certified mail; if ordinary mail is used, the agency shall obtain a certificate of mailing. Service upon the attorneys or other representatives of record is complete when the notice is mailed. If there are no attorneys or other representatives of record representing the party, 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 a 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. Failure of delivery occurs only when, with reasonable diligence, a party cannot be found to make personal service of a notice, or if a mailed notice is returned by the postal authorities marked undeliverable, 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
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 and the court does not certify 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,
the state public defender shall not
pay the requested
reimbursement. 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. 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 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 payments for the
capital investment project 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;
(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. 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. 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:
|
|
|
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:
|
|
|
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:
|
|
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:
|
|
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. 125.45. 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. 127.14. The controlling board may, at the request of
any state agency or the director of budget and management,
authorize, with respect to the provisions of any appropriation
act:
(A) Transfers of all or part of an appropriation within
but not between state agencies, except such transfers as the
director of budget and management is authorized by law to make,
provided that no transfer shall be made by the director for the
purpose of effecting new or changed levels of program service not
authorized by the general assembly;
(B) Transfers of all or part of an appropriation from one
fiscal year to another;
(C) Transfers of all or part of an appropriation within or
between state agencies made necessary by administrative
reorganization or by the abolition of an agency or part of an
agency;
(D) Transfers of all or part of cash balances in excess of
needs from any fund of the state to the general revenue fund or
to such other fund of the state to which the money would have
been credited in the absence of the fund from which the transfers
are authorized to be made, except that the controlling board may
not authorize such transfers from the accrued leave liability
fund, auto registration distribution fund, budget stabilization
fund, development bond retirement fund, facilities establishment
fund, gasoline excise tax fund, general revenue fund, higher
education improvement fund, highway improvement bond retirement
fund, highway obligations bond retirement fund, highway capital
improvement fund, highway
operating fund, horse
racing tax fund, improvements bond retirement fund, library and
local government support libraries fund, liquor control fund, local
government communities fund, local transportation improvement program fund,
mental health facilities improvement fund, Ohio fairs fund, parks
and recreation improvement fund, public improvements bond
retirement fund, school district
income tax fund, state agency facilities improvement fund, state
and local government highway distribution fund, state highway
safety fund, state lottery fund, undivided liquor permit fund,
Vietnam conflict compensation bond retirement fund, volunteer
fire fighters' dependents fund, waterways safety fund, wildlife
fund, workers' compensation fund, or any fund not specified in
this division that the director of budget and management
determines to be a bond fund or bond retirement fund;
(E) Transfers of all or part of those appropriations
included in the emergency purposes account of the controlling
board;
(F) Temporary transfers of all or part of an appropriation
or other moneys into and between existing funds, or new funds, as
may be established by law when needed for capital outlays for
which notes or bonds will be issued;
(G) Transfer or release of all or part of an appropriation
to a state agency requiring controlling board approval of such
transfer or release as provided by law;
(H) Temporary transfer of funds included in the emergency
purposes appropriation of the controlling board. Such temporary
transfers may be made subject to conditions specified by the
controlling board at the time temporary transfers are authorized.
No transfers shall be made under this division for the purpose of
effecting new or changed levels of program service not authorized
by the general assembly.
As used in this section, "request" means an application by
a state agency or the director of budget and management seeking
some action by the controlling board.
When authorizing the transfer of all or part of an appropriation under this
section, the controlling board may authorize the transfer to an existing
appropriation item and the creation of and transfer to a new appropriation
item.
Whenever there is a transfer of all or part of funds
included in the emergency purposes appropriation by the
controlling board, pursuant to division (E) of this section, the
state agency or the director of budget and management receiving
such transfer shall keep a detailed record of the use of the
transferred funds. At the earliest scheduled meeting of the
controlling board following the accomplishment of the purposes
specified in the request originally seeking the transfer, or
following the total expenditure of the transferred funds for the
specified purposes, the state agency or the director of budget
and management shall submit a report on the expenditure of such
funds to the board. The portion of any appropriation so
transferred which is not required to accomplish the purposes
designated in the original request to the controlling board shall
be returned to the proper appropriation of the controlling board
at this time.
Notwithstanding any provisions of law providing for the
deposit of revenues received by a state agency to the credit of a
particular fund in the state treasury, whenever there is a
temporary transfer of funds included in the emergency purposes
appropriation of the controlling board pursuant to division (H)
of this section, revenues received by any state agency receiving
such a temporary transfer of funds shall, as directed by the
controlling board, be transferred back to the emergency purposes
appropriation.
The board may delegate to the director of budget and
management authority to approve transfers among items of
appropriation under division (A) of this section.
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;
(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 5110.20 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 communities fund, and the library and local
government support libraries 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 133.51 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 communities fund, and the
library and local government support libraries 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 communities fund, which is hereby created in the state treasury, 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 communities 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 local libraries fund, which is hereby created in the state treasury, 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 local libraries 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. 133.10. (A) In anticipation of the collection of
current property tax revenues in and for any fiscal year, the
taxing authority of any subdivision may issue securities, but the
aggregate principal amount of such securities shall not exceed
one-half of the amount that the budget commission estimates the
subdivision will receive from property taxes in that fiscal year
and prior to the last day of the sixth month following the month
in which the securities are issued, other than taxes to be
received for the payment of debt charges or allocated to debt
charges on securities issued pursuant to division (C) of this
section, and less all advances. When a partial, semiannual, or
final property tax settlement is delayed, securities may also be
issued in anticipation of the receipt of property taxes levied or
collected for debt charges to the extent necessary to meet such
debt charges but not in excess of such estimated receipts, less
all advances. The securities issued pursuant to this division
(A) shall mature not later than the last day of the sixth month
following the month in which the securities are issued and in any
case not later than the last day of the fiscal year in which they
are issued.
(B) In anticipation of the collection of current revenues
in and for any fiscal year from any source or combination of
sources, including distributions of any federal or state moneys,
other than the proceeds of property taxes levied by the
subdivision, the taxing authority of any subdivision may issue
securities, but the aggregate principal amount of such securities
shall not exceed one-half of the amount estimated by the fiscal
officer to be received by the subdivision from such sources
during the remainder of such fiscal year, less advances and prior
collections.
(C) In anticipation of the collection of current property
tax revenues in and for any fiscal year, the taxing authority of
a county, municipal corporation, township, or school district may
issue securities, but the aggregate principal amount of those
securities and of any securities issued pursuant to division (A)
of this section outstanding at the time of issuance shall not
exceed one-half of the amount that the budget commission
estimates the subdivision will receive from all property taxes
that are to be distributed to the subdivision from all
settlements of taxes that are to be made in the remainder of that
fiscal year, other than taxes to be received for the payment of
debt charges, and less all advances.
(D) When the tax settlement scheduled under division (B)
of section 321.24 of the Revised Code is delayed pursuant to
division (E) of that section, the taxing authority of a school
district may issue property tax anticipation securities against
the taxes to be included in that settlement, but the aggregate
principal amount of all securities outstanding against those
taxes shall not exceed ninety per cent of the amount estimated to
be received from that settlement by the budget commission, other
than taxes to be received for the payment of debt charges, and
less all advances. The securities issued pursuant to this
division (D) shall mature on or before the next ensuing
thirty-first day of August.
(E) This division applies to all securities authorized by
this section.
(1) The amounts from the sources anticipated needed to pay
debt charges and financing costs shall be considered appropriated
for that purpose, and other appropriations from those sources by
the taxing authority shall be limited to the balance available
after deducting the amount to pay those debt charges and
financing costs. The portions of those amounts as received and
to be applied to those debt charges shall be deposited and set
aside in an account for the purpose in the bond retirement fund
in the amounts and at the times required to pay those debt
charges as provided for by the authorizing legislation or
otherwise provided by law.
(2) Except as otherwise provided in division (H) of
this section, the securities shall not be issued prior to the first
day and, except as otherwise provided in divisions (A) and (D) of
this section, shall mature not later than the last day of the
fiscal year for which the revenues are anticipated.
(3) The proceeds of the principal amount of the securities
shall be used only for the purposes for which the amounts
anticipated were levied, collected, distributed, and
appropriated, and for financing costs related to those
securities.
(4) Property taxes include distributions from the state in
payment of credits against or partial exemptions from, or
reduction of, property taxes.
(5) If for any reason debt charges on securities
authorized by this section are not paid by the subdivision in the
fiscal year when due, the taxing authority of the subdivision
shall include in its next annual appropriation measure an amount
sufficient to pay those debt charges, and the county auditor and
county treasurer shall withhold, in a custodial account, amounts
due the subdivision from the sources anticipated until such
amount is accumulated by those officers and they directly pay or
provide, through the paying agent or otherwise, for the payment
of those debt charges.
(F) The authority to issue securities under divisions (A)
and (B) of this section may be exercised by any board of library
trustees of a public library, or board of park commissioners of a
township, to which the budget commission has allotted a share of
the local government communities fund under section 5747.51 of the Revised
Code or of the library and local government support libraries fund under
section 5707.051 of the Revised Code.
(G) The taxing authority of a school district issuing
securities under division (A), (C), or (D) of this section shall
in the legislation authorizing the securities affirm the levy of,
or covenant to levy, the anticipated property taxes to be
collected in the following year.
(H) The taxing authority of a school district may issue
securities authorized by this section on or after the tenth day preceding the
first day of the fiscal year for which the revenues are anticipated; provided,
that if the taxing authority of a school district issues securities authorized
by this section prior to the first day of the fiscal year for which the
revenues are anticipated:
(1) None of the proceeds received by the school district from the sale of
the securities shall be considered available for appropriation prior to the
first day of the fiscal year for which the revenues are anticipated; and
(2) None of the proceeds received by the school district from the sale of
the securities shall be expended prior to the first day of the fiscal year for
which the revenues are anticipated.
Sec. 133.25. (A) After the issuance of general obligation
securities or of securities to which section 133.24 of the
Revised Code applies, the taxing authority of the subdivision
shall include in its annual tax budget, and levy a property tax
in a sufficient amount, with any other moneys available for the
purpose, to pay the debt charges on the securities payable from
property taxes. The necessary property tax rate shall be
included in the fiscal year tax budget that is certified by the
subdivision to the county budget commission, and, if within the
ten-mill limitation, shall be without diminution by reason of
section 5705.313 of the Revised Code or any similar provisions.
(B) If the taxing authority determines it to be necessary
or appropriate, and if not prohibited by other law, legislation
relating to Chapter 133. securities may, or that legislation may
provide for proceedings that may, contain or provide for any one
or more or combination of the following:
(1) The pledge to the payment of debt charges of, and
related covenants to levy, charge, collect, deposit, and apply,
receipts of the subdivision lawfully available for the purpose,
referred to in this division (B) as pledged receipts, including,
without limitation, ad valorem property taxes as permitted by
law, income taxes, excises, utility and service revenues, local
government communities fund, school foundation, and moneys described in
Section 5a of Article XII, Ohio Constitution, and any other
receipts from taxes, excises, permits, licenses, fines, or other
sources of revenue of or of revenue distributions to the
subdivision, and covenants for the establishment, investment,
segregation, and maintenance of any funds or reserves in
connection with the securities. No pledge or covenant may be
made that impairs the express contract rights of the holders of
outstanding securities of the subdivision.
(2) Designation of a bank or trust company authorized to
exercise corporate trust powers in this state as a fiscal agent
for the securities, which fiscal agent may be a purchaser of any
securities and fiscal agent for any other securities of the
subdivision, and provision for the periodic deposit of pledged
receipts in one or more separate bank accounts, funds, or other
accounts established with the fiscal agent, including provision
for pledged receipts collected or paid by the state or another
subdivision to be transferred, by the appropriate officer of the
state or other subdivision having charge of the distribution of
the pledged receipts to the subdivision, directly to the fiscal
agent for such deposit, which officers shall transfer such
pledged receipts in accordance with this division and the
legislation. The fiscal agent shall disburse moneys so held in
accordance with the legislation, including the transfer of moneys
to paying agents or to persons providing credit enhancement
facilities at the times and in the amounts required. Until
needed for that purpose, and subject to any limitations in the
legislation, the fiscal agent shall either deposit such moneys on
behalf of the subdivision in an institution that is eligible to
become a public depository pursuant to section 135.03 of the
Revised Code or invest the moneys on behalf of the subdivision in
obligations that are under applicable law lawful for the
investment of the particular moneys. Divisions (D), (E),
and (G) of section 135.04 and sections 135.08 and 135.09
of the Revised
Code do not apply to any such deposits or investments. Amounts
so held and received by a fiscal agent shall be accounted for in
the appropriate special funds of the subdivision as if held in
the treasury of the subdivision, and the fiscal agent shall
provide such information to the subdivision and to the auditor of
state as is necessary for the purpose.
(3) Covenants of the subdivision and other provisions to
protect and safeguard the security and rights of the holders of
the securities and of the providers of any credit enhancement
facilities and provisions for defeasance, including, without
limiting the generality of the foregoing, such covenants and
provisions as to:
(a) Establishment and maintenance of the funds to be held
by a fiscal agent as provided in this division, the times,
amounts, and levels for deposit to such funds, and the
obligations in which the proceeds of such funds may be invested
pending their use, subject to limitations on investment of public
funds otherwise provided for by law or charter or by the
legislation;
(b) The appointment, rights, powers, and duties of the
fiscal agent, and vesting in the fiscal agent all or any of those
rights, powers, and duties in trust;
(c) Compliance with the provisions of this chapter and
other laws applicable to the payment of debt charges on
securities of the subdivision, including Chapter 5705. of the
Revised Code;
(d) Conditions that would give rise to an event of default
under the terms of the legislation, and actions and remedies that
any fiscal agent may take or assert on behalf of the holders of
the securities.
(4) As rights and remedies of the holders of securities,
in addition to any other rights and remedies under law, but
subject to the terms of the legislation and of any credit
enhancement facility, provision that if the subdivision defaults
in the payment of debt charges on the securities and such default
continues for a period of thirty days, or if the subdivision
fails or refuses to comply with the requirements of this chapter
or the applicable proceedings, or defaults in any contract made
with the holders of those securities, the holders of not less
than twenty-five per cent in principal amount of the outstanding
securities of that issue may appoint a trustee, who may be the
fiscal agent, to represent those holders for the purposes
provided in this division (B)(4). That trustee may, and upon
written request of the holders of not less than twenty-five per
cent in principal amount of those securities then outstanding
shall, in its own name exercise all or any of the powers of such
holders under division (B)(3) of this section and in addition
may:
(a) Bring action for payment of any debt charges then due
on the securities;
(b) By mandamus or other action or proceeding enforce all
rights of the holders of the securities, including any right to
require the subdivision to assess, levy, charge, collect, and
apply pledged receipts adequate to carry out the provisions of
the legislation and any agreement with those holders and to
perform its duties under the legislation and this chapter;
(c) Bring action upon the securities;
(d) By action, require the subdivision to account as if it
were the trustee of an express trust for the holders of the
securities;
(e) By action, enjoin any acts or things that may be
unlawful or in violation of the rights of the holders of those
securities;
(f) Except in the case of securities payable from a
property tax, declare all securities of the issue due and
payable, and if all defaults are subsequently corrected, then,
with the consent of the holders of not less than ten per cent in
principal amount of those securities then outstanding, rescind
and annul that declaration and its consequences.
In addition to the foregoing, the trustee shall have all of
the powers necessary or appropriate for the exercise of any
functions specifically set forth in this section or the
legislation or incident to the general representation of the
holders of those securities in the enforcement and protection of
their rights.
(5) Contracts or other arrangements for credit enhancement
facilities, which may be with a fiscal agent. The costs of or
under credit enhancement facilities may be paid from any moneys
of the subdivision lawfully available for the purpose. The
credit enhancement facility may be for the benefit of holders of
the particular securities and of any other securities of the
subdivision. Any such benefit conferred with respect to other
securities shall not be deemed to restrict, preclude, or
otherwise impair any rights that those holders otherwise may
assert.
(C) Unless otherwise provided in the proceedings, the
holders of not less than ten per cent in principal amount of the
particular securities at the time outstanding, whether or not
then due and payable or reduced to judgment and either on their
own behalf or on behalf of all persons similarly situated, may:
(1) By mandamus, mandatory or other injunction, or any
other order, writ, process, or decree, or by any other action or
proceeding, enforce all contractual or other rights of such
holders, including any right to require the subdivision to
assess, levy, charge, collect, and apply the pledged receipts
pledged to carry out the provisions of any agreement with such
holders and perform its duties under the legislation and this
chapter;
(2) In the case of default in payment of debt charges on
their securities, commence an action upon their securities to
require the subdivision to account as if it were the trustee of
an express trust for those holders or to enjoin any acts or
things that may be unlawful or in violation of the rights of
those holders.
(D) The state pledges to and agrees with the holders of
Chapter 133. securities that the state will not, by enacting any
law or adopting any rule, repeal, revoke, repudiate, limit,
alter, stay, suspend, or otherwise reduce, rescind, or impair the
power or duty of a subdivision to exercise, perform, carry out,
and fulfill its responsibilities or covenants under this chapter
or legislation or agreements as to its Chapter 133. securities,
including a credit enhancement facility, passed or entered into
pursuant to this chapter, or repeal, revoke, repudiate, limit,
alter, stay, suspend, or otherwise reduce, rescind, or impair the
rights and remedies of any such holders fully to enforce such
responsibilities, covenants, and agreements or to enforce the
pledge and agreement of the state contained in this division, or
otherwise exercise any sovereign power materially impairing or
materially inconsistent with the provisions of such legislation,
covenants, and agreements. The general assembly determines and
declares that the provisions of this chapter and the powers and
duties of subdivisions authorized and imposed under this chapter
are proper, reasonable, and appropriate means by which the state
can and should exercise and has exercised its duties and powers
under the Ohio Constitution, and that those provisions are
necessary and in the public interest and a proper means to better
provide for the security for, and market reception for the
purchase of, those securities. This pledge and agreement shall
be of no force and effect as to securities that are not
outstanding. This pledge and agreement by the state may be
temporarily suspended upon the declaration of martial law in the
subdivision in the event of circumstances deriving directly out
of a natural disaster, such as an earthquake or major
conflagration or flood but not a snowstorm or civil disturbance,
or out of military invasions or civil insurrections, but not
strikes or crises created by financial or economic events.
Payment for securities by the original and subsequent holders
shall be deemed conclusive evidence of valuable consideration
received by the state and subdivision for this pledge and
agreement, and any action by the state contrary to or
inconsistent with this division is void as applied to those
securities. The state hereby grants any such benefited holder
the right to sue the state and enforce this pledge and agreement,
and waives all rights of defense based on sovereign immunity or
sovereign power in such an action or suit, it being expressly
determined and declared that the continued integrity of the
contract of any such holder is essential to the continued right
of the subdivision to issue and pay debt charges on securities as
a subdivision of the state. Nothing in this division requires
the state to continue any particular level of appropriations of
moneys, or precludes the state from authorizing the subdivision
to exercise, or the subdivision from exercising, subject to
approval of the tax commissioner, any power provided by law to
seek application of laws then in effect under the bankruptcy
provisions of the United States Constitution but in any case
providing for debt charges as provided in section 133.36 of the
Revised Code, or to preclude the state from further exercise of
any of its powers and responsibilities under the Ohio
Constitution.
(E) Moneys and investments held by the subdivision or a
paying agent or a fiscal agent, and all receipts of the
subdivision, needed and allocated to payment of debt charges or
payments by the subdivision under credit enhancement facilities,
are property of the subdivision devoted to essential governmental
purposes and accordingly shall not be applied to any purpose
other than as provided in this chapter and in the legislation,
and shall not be subject to any order, judgment, lien, execution,
attachment, setoff, or counterclaim by any creditor or judgment
creditor, as a result of a tort judgment or otherwise, of the
subdivision other than the holders of the securities or the
provider of the credit enhancement facility who are entitled
thereto pursuant to this chapter and the legislation.
Sec. 135.35. (A) The investing authority shall deposit or
invest any part or all of the county's inactive moneys and shall
invest all of the money in the county library and local
government support libraries fund when required by section 135.352 of the
Revised Code. The following classifications of securities and
obligations are eligible for such deposit or investment:
(1) United States treasury bills, notes, bonds, or any other obligation or
security issued by the United States treasury, any other obligation
guaranteed as to principal or interest by the United States, or any book entry, zero-coupon United States treasury security that is a direct obligation of the United States.
Nothing in the classification of eligible securities and obligations set forth
in divisions (A)(2) to
(11) of this
section shall be construed to authorize any investment in stripped principal
or interest obligations of such eligible securities and obligations.
(2) Bonds, notes, debentures, or any other obligations or
securities issued by any federal government agency or
instrumentality, including but not limited to, the federal
national mortgage association, federal home loan bank, federal farm credit
bank, federal home loan mortgage corporation, government national mortgage
association, and student loan marketing association. All federal agency
securities shall be direct issuances of federal government agencies or
instrumentalities.
(3) Time certificates of deposit or savings or deposit
accounts, including, but not limited to, passbook accounts, in
any eligible institution mentioned in section 135.32 of the
Revised Code;
(4) Bonds and other obligations of this state or the political subdivisions
of this state, provided that such political subdivisions are located wholly or
partly within the same county as the investing authority;
(5) No-load money market mutual funds consisting
exclusively of obligations described in division (A)(1) or (2) of
this section and repurchase agreements secured by such
obligations, provided that investments in securities
described in this division are made only through eligible institutions
mentioned in section 135.32 of the Revised Code;
(6) The Ohio subdivision's fund as provided in section 135.45 of the Revised
Code;
(7) Securities lending agreements with any eligible institution
mentioned in section 135.32 of the Revised Code that is a member of the
federal reserve system or federal home loan bank or with any recognized United States government securities dealer meeting the description in division (J)(1) of this section, under the terms of which
agreements the
investing authority lends securities and the eligible institution
or dealer agrees to simultaneously exchange similar securities or cash,
equal value for equal value.
Securities and cash received as collateral for a securities lending agreement are not inactive moneys of the county or moneys of a county library and local government support libraries fund. The investment of cash collateral received pursuant to a securities lending agreement may be invested only in instruments specified by the investing authority in the written investment policy described in division (K) of this section.
(8) Up to twenty-five per cent of the county's total average portfolio in
either of the following investments:
(a) Commercial paper notes issued by an entity that is
defined in
division (D) of section 1705.01 of the Revised Code
and that has
assets exceeding five hundred million dollars, to which notes all of the
following apply:
(i) The notes are rated at the time of purchase in the highest
classification established by at least two nationally recognized standard
rating services.
(ii) The aggregate value of the notes does not exceed ten per
cent
of the aggregate value of the outstanding commercial paper of the issuing
corporation.
(iii) The notes mature not later than two hundred seventy days
after
purchase.
(b) Bankers acceptances of banks that are insured by the federal
deposit insurance corporation and to which both of the following
apply:
(i) The obligations are eligible for purchase by the federal
reserve system.
(ii) The obligations mature not later than one hundred eighty
days after purchase.
No investment shall be made pursuant to division (A)(8) of this
section unless the investing authority has completed additional training
for making the investments authorized by division (A)(8) of
this section. The type and amount of additional training shall be approved by
the auditor
of state and may be conducted by or provided under the supervision of the
auditor of state.
(9) Up to fifteen per cent of the county's total average
portfolio in notes issued by corporations that are incorporated
under the laws of the United States and that are operating within
the United States, or by depository institutions that are doing
business under authority granted by the United States or any state
and that are operating within the United States, provided both of
the following apply:
(a) The notes are rated in the second highest or higher category by at least two
nationally recognized standard rating services at the time of
purchase.
(b) The notes mature not later than two years after
purchase.
(10) No-load money market mutual funds rated in the highest category at the time of purchase by at least one nationally recognized standard rating service and consisting
exclusively of obligations described in division (A)(1), (2), or (6) of section
135.143 of the Revised Code;
(11) Debt interests rated at the time of purchase in the three highest categories by two nationally
recognized standard rating services and issued by
foreign nations
diplomatically recognized by the United States
government. All
interest and principal shall be denominated and
payable in United
States funds. The investments made under
division (A)(11) of this
section shall not exceed in the aggregate
one per cent of a
county's total average portfolio.
The investing authority shall invest under division (A)(11)
of this section in a debt interest issued by a foreign nation only
if the debt interest is backed by the full faith and credit of
that foreign nation, there is no prior history of default, and the
debt interest matures not later than five years after purchase. For purposes of division (A)(11) of this section, a debt interest is rated in the three highest categories by two nationally recognized standard rating services if either the debt interest itself or the issuer of the debt interest is rated, or is implicitly rated, at the time of purchase in the three highest categories by two nationally recognized standard rating services.
(B) Nothing in the classifications of eligible obligations and securities
set forth in divisions (A)(1) to (11) of this section shall
be
construed to authorize investment in a derivative, and no investing
authority shall invest any county inactive moneys or any moneys in
a county library and local government support libraries fund in a derivative. For
purposes of this division, "derivative" means a financial instrument or
contract or obligation whose value or return is based upon or linked to
another asset or index, or both, separate from the financial instrument,
contract, or obligation itself. Any security, obligation, trust account, or
other instrument that is created from an issue of the United
States treasury or is created from an obligation of a federal agency
or instrumentality or is created from both is considered a derivative
instrument. An eligible investment described in this section with a variable
interest rate payment, based upon a single interest payment or single index
comprised of other eligible investments provided for in division
(A)(1) or (2) of this section, is not a derivative, provided that
such variable rate investment has a maximum maturity of two years. A treasury inflation-protected security shall not be considered a
derivative, provided the security matures not later than five
years after purchase.
(C) Except as provided in division (D) of this
section, any investment made pursuant to this section must mature within
five
years from the date of settlement, unless the investment is matched to a
specific obligation or debt of the
county or to a specific obligation or debt of a political subdivision of
this state located wholly or partly within the county, and the investment
is specifically approved by the investment advisory
committee.
(D) The investing authority may also enter into a written
repurchase agreement with any eligible institution
mentioned in section 135.32 of the Revised Code or any eligible securities
dealer pursuant to division (J) of this section, under the terms of which
agreement the investing authority purchases and the eligible
institution or dealer agrees
unconditionally to repurchase any of the securities listed in
divisions (B)(1) to (5), except
letters of credit described in division (B)(2), of
section 135.18 of the Revised Code. The
market value of
securities subject to an overnight written repurchase agreement must
exceed the
principal value of the overnight written repurchase agreement by at
least two per
cent. A written repurchase agreement must exceed the
principal value of the
overnight written repurchase agreement, by at least two per cent. A
written repurchase
agreement shall not exceed thirty days, and the market
value of securities subject to a written repurchase
agreement must exceed the
principal value of the written repurchase agreement by at
least two per cent and
be marked to market daily. All securities purchased pursuant to this division
shall be delivered into the
custody of the investing authority or the qualified custodian of the investing
authority or an agent designated by the investing authority. A written
repurchase
agreement with an eligible securities dealer shall be transacted on a delivery
versus payment basis. The agreement
shall contain the requirement that for each transaction pursuant
to the agreement the participating institution shall provide all
of the following information:
(1) The par value of the securities;
(2) The type, rate, and maturity date of the securities;
(3) A numerical identifier generally accepted in the
securities industry that designates the securities.
No investing authority shall enter into a written repurchase
agreement under the terms of which the investing authority agrees to sell
securities owned by
the county to a purchaser and agrees with that purchaser to unconditionally
repurchase those securities.
(E) No investing authority shall make an investment
under this section, unless the investing authority, at the time of making the
investment, reasonably expects that the investment can
be held until its maturity. The investing authority's written investment
policy shall specify the conditions under which an investment may be redeemed
or sold prior to maturity.
(F) No investing authority shall pay a county's inactive moneys
or moneys of a county library and local government support libraries fund into a fund
established by another subdivision, treasurer, governing board, or investing
authority, if that fund was established by the subdivision, treasurer,
governing board, or investing authority for the purpose of investing or
depositing the public moneys of other subdivisions. This division does not
apply to the payment of public moneys into either of the following:
(1) The Ohio subdivision's fund pursuant to division (A)(6) of this section;
(2) A fund created solely for the purpose of acquiring, constructing, owning,
leasing, or operating municipal utilities pursuant to the authority provided
under section 715.02 of the Revised Code or Section 4 of Article XVIII, Ohio
Constitution.
For purposes of division (F) of this section, "subdivision" includes
a county.
(G) The use of leverage, in which the county uses its current
investment assets as collateral for the purpose of purchasing other assets, is
prohibited. The issuance of taxable notes for the purpose of arbitrage is
prohibited. Contracting to sell securities not owned by the county, for the
purpose of purchasing such securities on the speculation that bond prices will
decline, is prohibited.
(H) Any securities, certificates of deposit, deposit
accounts, or any other documents evidencing deposits or
investments made under authority of this section shall be issued
in the name of the county with the county treasurer or investing
authority as the designated payee. If any such deposits or
investments are registrable either as to principal or interest,
or both, they shall be registered in the name of the treasurer.
(I) The investing authority shall be responsible for the
safekeeping of all documents evidencing a deposit or investment
acquired under this section, including, but not limited to,
safekeeping receipts evidencing securities deposited with a
qualified trustee, as provided in section 135.37 of the Revised
Code, and documents confirming the purchase of securities under
any repurchase agreement under this section shall be deposited
with a qualified trustee, provided, however, that the qualified
trustee shall be required to report to the investing authority,
auditor of state, or an authorized outside auditor at any time
upon request as to the identity, market value, and location of
the document evidencing each security, and that if the
participating institution is a designated depository of the
county for the current period of designation, the securities that
are the subject of the repurchase agreement may be delivered to
the treasurer or held in trust by the participating institution
on behalf of the investing authority.
Upon the expiration of the term of office of an investing
authority or in the event of a vacancy in the office for any
reason, the officer or the officer's legal representative
shall transfer and deliver to the officer's successor all documents
mentioned in this division for which the officer has been
responsible for safekeeping. For
all such documents transferred and delivered, the officer shall
be credited with, and the officer's successor shall be
charged with, the amount of moneys evidenced by such documents.
(J)(1) All investments, except for investments in securities
described in divisions (A)(5) and (6) of this
section, shall be made only
through a member of the national association of securities
dealers, through a bank, savings bank, or savings and loan
association regulated by the
superintendent of financial institutions, or through an institution regulated
by the comptroller of the currency, federal deposit
insurance corporation, or board of governors of the federal reserve
system.
(2) Payment for investments shall be made only upon the delivery of
securities representing
such investments to the treasurer, investing authority, or
qualified trustee. If the securities transferred are not
represented by a certificate, payment shall be made only upon
receipt of confirmation of transfer from the custodian by the
treasurer, governing board, or qualified trustee.
(K)(1) Except as otherwise provided in division (K)(2) of
this section, no investing authority shall make an investment or deposit under
this section, unless there is on file with the auditor of state a written
investment policy approved by the investing authority. The policy shall
require that all entities conducting investment business with the
investing authority shall sign the investment policy of that investing authority. All
brokers, dealers, and financial institutions, described in division (J)(1) of
this section,
initiating transactions with the investing authority by giving advice or
making investment recommendations shall sign the investing authority's
investment policy thereby acknowledging their agreement to abide by the
policy's contents. All brokers, dealers, and financial institutions,
described in division (J)(1) of this section, executing transactions initiated
by the investing authority, having read the policy's contents, shall sign the
investment policy thereby acknowledging their comprehension and receipt.
(2) If a written investment policy described in division (K)(1)
of this section is not filed on behalf of the county with the auditor of
state, the investing authority of that county shall invest the county's
inactive moneys and moneys of the county library and local government support libraries
fund only in time certificates of deposits or savings or deposit accounts
pursuant to division (A)(3) of this section, no-load money market
mutual funds pursuant to division (A)(5) of this section,
or the Ohio subdivision's fund pursuant to division (A)(6) of this section.
(L)(1) The investing authority shall establish and maintain an
inventory of all obligations and securities acquired by the investing
authority pursuant to this section. The inventory shall
include a description of each obligation or security, including type, cost,
par value, maturity date, settlement date, and any coupon rate.
(2) The investing authority shall also keep a complete record of all
purchases and sales of the obligations and securities made pursuant to this
section.
(3) The investing authority shall maintain a monthly portfolio report and
issue a copy of the monthly portfolio
report describing such investments to the county
investment advisory committee, detailing the current inventory of all
obligations and securities, all transactions during the month that affected
the inventory, any income received from the obligations and securities, and
any investment expenses paid, and stating the names of any persons effecting
transactions on behalf of the investing authority.
(4) The monthly portfolio report
shall
be a public record and available for inspection
under section 149.43 of the Revised Code.
(5) The inventory and the monthly portfolio report shall be filed with
the board of county commissioners.
(M) An investing authority may enter into a
written investment or deposit agreement that includes a
provision under which the parties agree to submit to
nonbinding arbitration to settle any controversy that may arise
out of the agreement, including any controversy pertaining to
losses of public moneys resulting from investment or deposit.
The arbitration provision shall
be set forth entirely in the agreement, and the agreement shall
include a conspicuous notice to the
parties that any party to the arbitration may apply to the court of common
pleas of the county in which the arbitration was held for an order to vacate,
modify, or correct the award. Any such party may also apply to the court for
an order to change venue to a court of common pleas located more than one
hundred miles from the county in which the investing authority is located.
For purposes of this division, "investment or deposit agreement" means any
agreement between an investing authority and a person, under which agreement
the person agrees to invest, deposit, or otherwise manage, on behalf of the
investing authority, a county's inactive moneys or moneys in a county library
and local government support libraries fund, or agrees to provide investment advice to
the investing authority.
(N) An investment held in the county portfolio on September
27, 1996, that
was a legal investment under the law as it existed
before September
27, 1996, may be held until maturity, or if
the investment does not have a maturity date the investment may be held until
five years from
September 27, 1996, regardless of whether
the investment would qualify as a legal investment under the terms of this
section as amended.
Sec. 135.352. The investment authority shall invest all moneys in the county
library and local government support libraries fund that are not distributed due to an
appeal of the budget commission's allocation of such fund. Interest earned on
such investments shall be credited to the fund and distributed in accordance
with section 5747.48 of the Revised Code.
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. 152.31. The Ohio building authority may construct and
operate capital facilities for the housing of branches and agencies of state
government, municipal corporations, counties, or other governmental entities,
in any municipal corporation when the municipal corporation and the
authority agree on a location and all of the following occur:
(A) Two or more of such agencies or governmental entities
submit to the authority an application requesting the authority
to construct and operate capital facilities and expressing their intent to
become the initial tenants of the capital facilities and to thereby occupy all
of its available office space;
(B) Any municipal corporation, county, township, or other
governmental entities joining in the
submission of an application
pursuant to division (A) of this section further submits a lease
committing it to occupy, for a period equal to the
greater of twenty
consecutive years from the date of initial occupancy or the term of any
bonds issued by the authority for the capital facilities, the capital
facilities that, through the application, it expressed its intent
to initially occupy, and obligating it to pay such rent as the
authority determines to be appropriate. Notwithstanding any
other section of the Revised Code, any governmental entity may
enter into such a lease and any such lease is legally sufficient
to obligate the governmental entity for the term stated therein. Any such
lease shall constitute an agreement described in division
(E) of section 152.24 of the Revised Code.
If rental payments required by a lease established pursuant
to this division are not paid in accordance with the provision of
such a lease, the funds which would otherwise be apportioned to
the lessees from the county undivided local government communities fund,
pursuant to sections 5747.51 to 5747.53 of the Revised Code,
shall be reduced by the amount of rent payable to the authority.
The county treasurer shall immediately pay the amount of such
reductions to the authority.
All rents charged by the authority for occupancy of such a
capital facility shall be fixed and expended pursuant
to section 152.16 of the Revised Code. Any lease with the department of
administrative services with respect to such a capital facility may
provide for rental payments that satisfy the requirements of
section 152.16 of the Revised Code, but the amount of any rentals
paid by other tenants in the capital facility pursuant to leases with the
authority shall be credited against such rental payments of the
department of administrative services. Any lease with the
department of administrative services or a using state agency may
provide for the payment
of rental payments that satisfy the requirements of section
152.16 of the Revised Code prior to initial occupancy of such
capital facility. In the process of inviting bids and awarding
contracts, the authority shall be guided by the procedures set
forth in sections 153.01 to 153.20 of the Revised Code. Any
provision of sections 152.21, 152.22, and 152.26 of the Revised
Code that applies to capital facilities described in section 152.19 of the
Revised Code also applies to the capital facilities described in this section
unless it is inconsistent with this section.
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 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. The cost of each report requested by the board or managing authority of an institution of higher education shall be paid by the institution of higher education.
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. 164.05. (A) The director of the Ohio public works
commission shall do all of the following:
(1) Approve requests for financial assistance from
district public works integrating committees and enter into
agreements with one or more local subdivisions to provide loans,
grants, and local debt support and credit enhancements for a
capital improvement project if the director determines that:
(a) The project is an eligible project pursuant to this
chapter;
(b) The financial assistance for the project has been
properly approved and requested by the district committee of the
district which includes the recipient of the loan or grant;
(c) The amount of the financial assistance, when added to
all other financial assistance provided during the fiscal year
for projects within the district, does not exceed that district's
allocation of money from the state capital improvements fund for
that fiscal year;
(d) The district committee has provided such documentation
and other evidence as the director may require that the district
committee has satisfied the requirements of section 164.06 or
164.14 of the Revised Code;
(e) The portion of a district's annual allocation which
the director approves in the form of loans and local debt support
and credit enhancements for eligible projects is consistent with
divisions (E) and (F) of this section.
(2) Authorize payments to local subdivisions or their
contractors for costs incurred for capital improvement projects
which have been approved pursuant to this chapter. All requests
for payments shall be submitted to the director on forms and in
accordance with procedures specified in rules adopted by the
director pursuant to division (A)(4) of this section.
(3) Retain the services of or employ financial
consultants, engineers, accountants, attorneys, and such other
employees as the director determines are necessary to carry
out the director's duties
under this chapter and fix the compensation for their services;
(4) Adopt rules establishing the procedures for making
applications, reviewing, approving, and rejecting projects for
which assistance is authorized under this chapter, and any other
rules needed to implement the provisions of this chapter. Such
rules shall be adopted under Chapter 119. of the Revised Code.
(5) Provide information and other assistance to local
subdivisions and district public works integrating committees in
developing their requests for financial assistance for capital
improvements under this chapter and encourage cooperation and
coordination of requests and the development of multisubdivision
and multidistrict projects in order to maximize the benefits that
may be derived by districts from each year's allocation;
(6) Require local subdivisions, to the extent practicable,
to use Ohio products, materials, services, and labor in
connection with any capital improvement project financed in whole
or in part under this chapter;
(7) Notify the director of budget and management of all
approved projects, and supply all information necessary to track
approved projects through the state accounting system;
(8) Appoint the administrator of the Ohio small government
capital improvements commission;
(9) Do all other acts, enter into contracts, and execute
all instruments necessary or appropriate to carry out this
chapter;
(10) Develop a standardized methodology for evaluating
capital improvement needs which will be used by local
subdivisions in preparing the plans required by division (C) of
section 164.06 of the Revised Code. The director shall develop
this methodology not later than July 1, 1991.
(11) Establish a program to provide local subdivisions
with technical assistance in preparing project applications. The
program shall be designed to assist local subdivisions that lack
the financial or technical resources to prepare project
applications on their own.
(B) When the director of the Ohio public works commission
decides to conditionally approve or disapprove projects, the
director's decisions and the reasons for which they are made shall be made in
writing. These written decisions shall be conclusive for the purposes of the
validity and enforceability of such determinations.
(C) Fees, charges, rates of interest, times of payment of
interest and principal, and other terms, conditions, and
provisions of and security for financial assistance provided
pursuant to the provisions of this chapter shall be such as the
director determines to be appropriate. If any payments required
by a loan agreement entered into pursuant to this chapter are not
paid, the funds which would otherwise be apportioned to the local
subdivision from the county undivided local government communities fund,
pursuant to sections 5747.51 to 5747.53 of the Revised Code, may,
at the direction of the director of the Ohio public works
commission, be reduced by the amount payable. The county
treasurer shall, at the direction of the director, pay the amount
of such reductions to the state capital improvements revolving
loan fund. The director may renegotiate a loan repayment
schedule with a local subdivision whose payments from the county
undivided local government communities fund could be reduced pursuant to this
division, but such a renegotiation may occur only one time with
respect to any particular loan agreement.
(D) Grants approved for the repair and replacement of
existing infrastructure pursuant to this chapter shall not exceed
ninety per cent of the estimated total cost of the capital
improvement project. Grants approved for new or expanded
infrastructure shall not exceed fifty per cent of the estimated
cost of the new or expansion elements of the capital improvement
project. A local subdivision share of the estimated cost of a
capital improvement may consist of any of the following:
(1) The reasonable value, as determined by the director or
the administrator, of labor, materials, and equipment that will
be contributed by the local subdivision in performing the capital
improvement project;
(2) Moneys received by the local subdivision in any form
from an authority, commission, or agency of the United States for
use in performing the capital improvement project;
(3) Loans made to the local subdivision under this
chapter;
(4) Engineering costs incurred by the local subdivision in
performing engineering activities related to the project.
A local subdivision share of the cost of a capital
improvement shall not include any amounts awarded to it from the
local transportation improvement program fund created in section
164.14 of the Revised Code.
(E) The following portion of a district public works
integrating committee's annual allocation share pursuant to
section 164.08 of the Revised Code may be awarded to subdivisions
only in the form of interest-free, low-interest, market rate of
interest, or blended-rate loans:
|
YEAR IN WHICH |
|
PORTION USED FOR |
|
MONEYS ARE ALLOCATED |
|
LOANS |
|
Year 1 |
|
0% |
|
Year 2 |
|
0% |
|
Year 3 |
|
10% |
|
Year 4 |
|
12% |
|
Year 5 |
|
15% |
|
Year 6 |
|
20% |
|
Year 7, 8, 9, and 10 |
|
22% |
(F) The following portion of a district public works
integrating committee's annual allocation pursuant to section
164.08 of the Revised Code shall be awarded to subdivisions in
the form of local debt supported and credit enhancements:
|
|
|
PORTIONS USED FOR |
|
YEAR IN WHICH |
|
LOCAL DEBT SUPPORT |
|
MONEYS ARE ALLOCATED |
|
AND CREDIT ENHANCEMENTS |
|
Year 1 |
|
0% |
|
Year 2 |
|
0% |
|
Year 3 |
|
3% |
|
Year 4 |
|
5% |
|
Year 5 |
|
5% |
|
Year 6 |
|
7% |
|
Year 7 |
|
7% |
|
Year 8 |
|
8% |
|
Year 9 |
|
8% |
|
Year 10 |
|
8% |
(G) For the period commencing on March 29, 1988 and ending
on June 30, 1993, for the period commencing July 1, 1993,
and ending June 30, 1999, and for each five-year period thereafter,
the total amount of financial assistance
awarded under sections 164.01 to 164.08 of the Revised Code for
capital improvement projects located wholly or partially within a
county shall be equal to at least thirty per cent of the amount
of what the county would have been allocated from the obligations
authorized to be sold under this chapter during each period, if
such amounts had been allocable to each county on a per capita
basis.
(H) The amount of the annual allocations made pursuant to
divisions (B)(1) and (6) of section 164.08 of the Revised Code
which can be used for new or expanded infrastructure is limited
as follows:
|
|
|
PORTION WHICH MAY |
|
YEAR IN WHICH |
|
BE USED FOR NEW OR |
|
MONEYS ARE ALLOCATED |
|
EXPANSION INFRASTRUCTURE |
|
Year 1 |
|
5% |
|
Year 2 |
|
5% |
|
Year 3 |
|
10% |
|
Year 4 |
|
10% |
|
Year 5 |
|
10% |
|
Year 6 |
|
15% |
|
Year 7 |
|
15% |
|
Year 8 |
|
20% |
|
Year 9 |
|
20% |
|
Year 10 and each year |
|
|
|
thereafter |
|
20% |
(I) The following portion of a district public works
integrating committee's annual allocation share pursuant to section 164.08 of
the Revised Code shall be awarded to subdivisions in the
form of interest-free, low-interest, market rate of interest, or blended-rate
loans, or local debt support and credit enhancements:
|
PORTION USED FOR LOANS |
YEAR IN WHICH |
OR LOCAL DEBT SUPPORT |
MONEYS ARE ALLOCATED |
AND CREDIT ENHANCEMENTS |
Year 11 and each year |
|
thereafter |
20% |
(J) No project shall be approved under this section unless the
project is designed to have a useful life of at least seven years. In
addition, the average useful life of all projects
for which grants or loans are awarded in each district during a program year
shall not be less than twenty years.
Sec. 164.051. (A) The administrator of the Ohio small
government capital improvements commission shall review projects
submitted to him the administrator by subcommittees of district
public works integrating committees in accordance with section 164.06 of the
Revised Code. If he the administrator determines that a project
satisfies the criteria of division (B) of that section, while taking into
consideration the special needs of villages and townships, the
administrator shall recommend to the Ohio small government
capital improvements commission that the project be approved. If
he the administrator determines that a project should not be
approved or that a decision on the project should be delayed, such
determinations
and an explanation should also be sent to the Ohio small
government capital improvements commission for final resolution.
(B) With respect to projects which the Ohio small
government capital improvements commission approves, the
administrator is authorized to:
(1) Enter into agreements to provide financial assistance
in the form of loans, grants, or local debt support and credit
enhancements to villages or townships with populations in the
unincorporated areas of the township of less than five thousand;
(2) Authorize payments to such villages or townships or
their contractors for the costs incurred for capital improvement
projects which have been approved in accordance with this
chapter. All requests for payments shall be submitted to the
administrator on forms and in accordance with procedures
specified in rules adopted pursuant to division (A)(4) of section
164.05 of the Revised Code.
(3) Notify the director of budget and management of all
approved projects, and supply all information necessary to track
the approved projects through the state accounting system.
(4) Do all other acts and enter into contracts and execute
all instruments necessary or appropriate to carry out this
section.
(C) Fees, charges, rates of interest, times of payment of
interest and principal, and other terms, conditions, and
provisions of and security for financial assistance provided
pursuant to the provisions of this section shall be such as the
administrator determines to be appropriate. If any payments
required by a loan agreement entered into pursuant to this
section are not paid, the funds which would otherwise be
apportioned to the local subdivision from the county undivided
local government communities fund, pursuant to sections 5747.51 to 5747.53 of
the Revised Code, may, at the direction of the Ohio small
government capital improvements commission, be reduced by the
amount payable. The county treasurer shall, at the direction of
the commission, pay the amount of such reductions to the state
capital improvements revolving loan fund. Subject to the
approval of the Ohio small government capital improvements
commission, the administrator may renegotiate a loan repayment
schedule with a local subdivision whose payments from the county
undivided local government communities fund could be reduced pursuant to this
division, but such a renegotiation may occur only one time with
respect to any particular loan agreement.
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. 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 task
force to advise the director on the rights of persons with
Alzheimer's disease and on the development and evaluation of
education and training programs, home care programs, respite care
programs, and long-term care initiatives as they relate to
Alzheimer's disease. 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 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 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. 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 director may adopt rules giving 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.
(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. 173.85. (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. 183.17. 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 sections 151.03, 151.04, 152.09, 152.33, 154.20, or 154.22 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, 152.09, or 154.01 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, the higher education improvement fund created in section 154.21 of the Revised Code, the mental health facilities improvement fund created in section 154.20 of the Revised Code, the parks and recreation improvement fund created in section 154.22 of the Revised Code, the administrative building fund created in section 123.10 of the Revised Code, and the adult correctional building fund referred to in section 5120.105 of the Revised Code.
(9) "Issuing authority" means the Ohio 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, including but not limited to facilities for housing state agencies, for a system of common schools throughout the state, and for use as state correctional facilities or county, multicounty, municipal-county, and multicounty-municipal jail facilities or workhouses; (b) state-supported or state-assisted institutions of higher education; (c) mental hygiene and retardation; and (d) parks and recreation.
(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 limit or alter the rights of the issuing authority to fulfill the terms of its agreements with the holders or owners of obligations outstanding under the bond proceedings, (4) not in any way impair the rights and remedies of the holders or owners of obligations outstanding under the bond proceedings or impair the security for those 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 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," "paying costs of facilities for state-supported and state-assisted institutions of higher education," "paying the cost of capital facilities for housing of branches and agencies of state government, including capital facilities for the purpose of housing personnel, equipment, or functions, or any combination thereof that the state agencies are responsible for housing," "paying costs of capital facilities for use as state correctional facilities or county, multicounty, municipal-county, and multicounty-municipal jail facilities or workhouses, or as single county or district community-based correctional facilities," "paying costs of capital facilities for mental hygiene and retardation," and "paying costs of capital facilities for parks and recreation." 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. 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. 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 and the attorney general shall work together to arrange for the appointment of counsel who shall be appointed by the attorney general, after receipt of recommendations from the issuing authority, 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; (ii) housing branches and agencies of state government, including but not limited to facilities for housing state agencies as authorized by section 152.09 of the Revised Code, pursuant to Section 2i of Article VIII, Ohio Constitution, 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, and for use as state correctional facilities or county, multicounty, municipal-county, and multicounty-municipal jail facilities or workhouses as authorized by section 152.33 of the Revised Code, pursuant to Section 2i of Article VIII, Ohio Constitution; (iii) mental hygiene and retardation as authorized by sections 154.01 and 154.20 of the Revised Code, pursuant to Section 2i of Article VIII, Ohio Constitution; and (iv) parks and recreation as authorized by sections 154.01 and 154.22 of the Revised Code, pursuant to Section 2i 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.
Sec. 183.52. (A) There is hereby created a body, both corporate and politic, constituting an agency and instrumentality of this state and performing essential functions of the state, to be known as the Ohio 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, the tax commissioner, the treasurer of state, and the auditor 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. Four members of the authority constitute a quorum and the affirmative vote of four 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.
(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.
(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. 307.021. (A) It is hereby declared to be a public
purpose and function of the state, and a matter of urgent
necessity, that the state acquire, construct, or renovate capital
facilities for use as county, multicounty, municipal-county, and
multicounty-municipal jail facilities or workhouses, as
single-county or district community-based correctional facilities
authorized under section 2301.51 of the Revised Code, as minimum
security misdemeanant jails under sections 341.34 and 753.21 of
the Revised Code, and as single-county or joint-county juvenile
facilities authorized under section 2151.65 of the Revised Code
in order to comply with constitutional standards and laws for the
incarceration of alleged and convicted offenders against state
and local laws, and for use as county family court centers. For
these purposes, counties and municipal corporations are
designated as state agencies to perform duties of the state in
relation to such facilities, workhouses, jails, and centers, and
such facilities, workhouses, jails, and centers are designated as
state capital facilities. The Ohio building authority is
authorized to issue revenue obligations under sections 152.09 to
152.33 of the Revised Code to pay all or part of the cost of such
state capital facilities as are designated by law.
The office of the sheriff, due to its responsibilities
concerning alleged and convicted offenders against state laws, is
designated as the state agency having jurisdiction over such
jail, workhouse, community-based correctional, or county minimum
security misdemeanant jail capital facilities in any one county
or over any district community-based correctional facilities.
The corrections commission, due to its responsibilities in
relation to such offenders, is designated as the state agency
having jurisdiction over any such multicounty, municipal-county,
or multicounty-municipal jail, workhouse, or correctional capital
facilities. The office of the chief of police or marshal of a
municipal corporation, due to its responsibilities concerning
certain alleged and convicted criminal offenders, is designated
as the state agency having jurisdiction over any such municipal
corporation minimum security misdemeanant jail capital facilities
in the municipal corporation. The juvenile court, as defined in
section 2151.011 of the Revised Code, is designated as the branch
of state government having jurisdiction over any such family
court center or single-county or joint-county juvenile capital
facilities. It is hereby determined and declared that such
capital facilities are for the purpose of housing such state
agencies, their functions, equipment, and personnel.
(B) The capital facilities provided for in this section
may be included in capital facilities in which one or more
governmental entities are participating or in which other
facilities of the county or counties, or any municipal
corporations, are included pursuant to section 152.31 or 152.33
of the Revised Code or in an agreement between any county or
counties and any municipal corporation or municipal corporations
for participating in the joint construction, acquisition, or
improvement of public works, public buildings, or improvements
benefiting the parties in the same manner as set forth in section
153.61 of the Revised Code.
(C) A county or counties or a municipal corporation or
municipal corporations may contribute to the cost of capital
facilities authorized under this section.
(D) A county or counties, and any municipal corporations,
shall lease capital facilities described in this section that are
constructed, reconstructed, otherwise improved, or financed by
the Ohio building authority pursuant to sections 152.09 to 152.33
of the Revised Code for the use of the county or counties and any
municipal corporations, and may enter into other agreements
ancillary to the construction, reconstruction, improvement,
financing, leasing, or operation of such capital facilities,
including, but not limited to, any agreements required by the
applicable bond proceedings authorized by sections 152.09 to
152.33 of the Revised Code.
Such lease may obligate the county or counties and any
municipal corporation, as using state agencies under Chapter 152.
of the Revised Code, to occupy and operate such capital
facilities for such period of time as may be specified by law and
to pay such rent as the authority determines to be appropriate.
Notwithstanding any other section of the Revised Code, any county
or counties or municipal corporation may enter into such a lease,
and any such lease is legally sufficient to obligate the
political subdivision for the term stated in the lease. Any such
lease constitutes an agreement described in division (E) of
section 152.24 of the Revised Code.
(E) If rental payments required from the county or
counties or municipal corporation by a lease established pursuant
to this section are not paid in accordance with such lease, the
funds which otherwise would be apportioned to the lessees from
the county undivided local government communities fund, pursuant to sections
5747.51 to 5747.53 of the Revised Code, shall be reduced by the
amount of rent payable to the authority. The county treasurer
immediately shall pay the amount of such reductions to the
authority.
(F) Any lease of capital facilities authorized by this
section, the rentals of which are payable in whole or in part
from appropriations made by the general assembly, is governed by
division (D) of section 152.24 of the Revised Code. Such rentals
constitute available receipts as defined in section 152.09 of the
Revised Code and may be pledged for the payment of bond service
charges as provided in section 152.10 of the Revised Code.
(G) Any provision of section 152.21, 152.22, or 152.26 of
the Revised Code that applies to buildings and facilities
described in section 152.19 of the Revised Code also applies to
the buildings and facilities described in this section, unless it
is inconsistent with this section.
Sec. 307.37. (A)
As used in division (B)(3) of this section, "proposed
new
construction" means a proposal to erect, construct, repair, alter,
redevelop, or maintain a single-family, two-family, or
three-family dwelling or any structure that is regulated by the Ohio building code.
(B)(1)(a) The board of county commissioners may adopt local residential building regulations governing residential buildings as defined in section 3781.06 of the Revised Code, to be enforced within the unincorporated area of the county or within districts the board establishes in any part of the unincorporated area. No local residential building regulation shall differ from the state residential building code the board of building standards establishes pursuant to Chapter 3781. of the Revised Code unless the regulation addresses subject matter not addressed by the state residential building code or is adopted pursuant to section 3781.01 of the Revised Code.
(b) The board of county commissioners may, by resolution, adopt, administer, and enforce within the unincorporated area of the county, or within districts the board establishes in the unincorporated area, an existing structures code pertaining to the repair and continued maintenance of structures and the premises of those structures provided that the existing structures code governs subject matter not addressed by, and is not in conflict with, the state residential building code adopted pursuant to Chapter 3781. of the Revised Code. The board may adopt by incorporation by reference a model or standard code prepared and promulgated by the state, any agency of this state, or any private organization that publishes a recognized or standard existing structures code.
(c) The board shall assign the duties of administering and enforcing any local residential building regulations or existing structures code to a county officer or employee who is trained and qualified for those duties and shall establish by resolution the minimum qualifications necessary to perform those duties.
(2) The board may adopt regulations for
participation in the national flood insurance program as defined in section 1521.01 of the Revised Code and regulations for the
purposes of section 1506.04 or 1506.07 of the Revised Code
governing the prohibition, location, erection, construction,
redevelopment, or floodproofing of new buildings or structures,
substantial improvements to existing buildings or structures, or
other development in unincorporated territory within flood hazard
areas identified under the
"Flood Disaster Protection Act of
1973," 87 Stat. 975, 42 U.S.C.A. 4002, as amended, or within
Lake
Erie coastal erosion areas identified
under section 1506.06 of
the
Revised Code, including, but not limited to, residential,
commercial, institutional, or industrial buildings or structures
or other permanent structures, as
defined in section
1506.01 of the Revised Code. Rules adopted under division
(B)(2)
of this section shall not conflict with the state residential and nonresidential
building codes adopted pursuant to section 3781.10 of the Revised Code.
(3)(a)
A board may adopt regulations that
provide
for a review of the specific effects of a proposed new
construction on
existing surface or
subsurface drainage.
The
regulations may
require reasonable drainage mitigation and
reasonable alteration of a
proposed new construction before a
building
permit is issued in order
to prevent or
correct any
adverse
effects that the proposed new construction may
have
on
existing
surface or subsurface drainage. The regulations shall not be inconsistent with, more stringent than, or broader in scope than standards adopted by the natural resource conservation service in the United States department of agriculture concerning drainage or rules adopted by the environmental protection agency for reducing, controlling, or mitigating storm water runoff from construction sites, where applicable. The regulations shall allow a person who is registered under Chapter 4703. or 4733. of the Revised Code to prepare and submit relevant plans and other documents for review, provided that the person is authorized to prepare the plans and other documents pursuant to the person's registration.
(b) If regulations are adopted under division (B)(3) of this
section, the board shall specify in the regulations a procedure
for the review of the specific effects of a proposed
new
construction on
existing surface or subsurface drainage. The
procedure shall
include at a minimum all of the following:
(i) A meeting at which the proposed new construction shall
be
examined for those specific effects. The meeting shall be held
within
thirty days after an application for a building permit is
filed or a review is requested
unless the applicant agrees in writing to extend that time
period
or to postpone the meeting to another date, time, or place.
The
meeting shall be scheduled within five days after an
application
for a building permit is filed or a review is requested.
(ii) Written notice of the date, time, and place of that
meeting, sent by regular mail to the applicant. The written
notice shall be mailed at least seven days before the scheduled
meeting date.
(iii) Completion of the review by the board of county
commissioners not later than thirty days after the application for
a building permit is filed or a review is requested unless the applicant has agreed in
writing to extend that time period or postpone the meeting to a
later time, in which case the review shall be completed not later
than two days after the date of the meeting. A complete review
shall include the issuance of any order of the board of county
commissioners regarding necessary reasonable drainage mitigation
and
necessary reasonable alterations to the proposed
new
construction
to prevent or correct any adverse effects on existing
surface
or
subsurface drainage so long as those alterations comply with the state residential and nonresidential building codes adopted pursuant to section 3781.10 of the Revised Code. If the review is not completed
within the
thirty-day period or an extended or postponed period
that the
applicant has agreed to, the proposed new construction
shall be
deemed
to have no adverse effects on existing surface or
subsurface
drainage, and those effects shall not be a valid basis
for the denial of a
building permit.
(iv) A written statement, provided to the applicant at the
meeting or in an order for alterations to a proposed new
construction,
informing the applicant of the right to seek
appellate review of
the denial of a building permit under division
(B)(3)(b)(iii) of
this section by filing a petition in accordance
with Chapter 2506.
of the Revised Code.
(c) The regulations may authorize the board, after obtaining the advice of the county engineer, to enter into
an agreement with the county
engineer or another
qualified
person
or
entity to carry out
any necessary
inspections and make
evaluations about what, if any,
alterations
are
necessary to
prevent or correct any adverse
effects that a
proposed
new
construction may
have on existing
surface or
subsurface drainage.
(d) Regulations adopted pursuant to division (B)(3) of this
section shall not apply to any property that a platting authority has approved under section 711.05, 711.09, or 711.10 of the Revised Code and shall not govern the same subject matter as the state residential or nonresidential building codes adopted pursuant to section 3781.10 of the Revised Code.
(e) As used in division (B)(3) of this section, "subsurface
drainage" does not include a household sewage treatment disposal system as
defined in section 3709.091 of the Revised Code.
(C)(1) Any regulation, code, or amendment may be adopted under this
section only after a public hearing at not fewer than two regular or special
sessions of the board. The board shall cause notice of any public hearing to be published in
a
newspaper of general circulation in the county once a week for the two consecutive weeks immediately preceding the hearing, except that if the board posts the hearing notice on the board's internet site on the world wide web, the board need publish only one notice of the hearing in a newspaper of general circulation if that newspaper notice includes the board's internet site and a statement that the notice is also posted on the internet site. Any notice of a
public hearing shall include the time, date, and place of the hearing.
(2) Any proposed
regulation, code, or amendment shall be made available to
the public at the board office. The regulations or amendments
shall take effect on the thirty-first day following the date of
their adoption.
(D)(1) No person shall violate any regulation, code, or amendment the
board
adopts under sections 307.37 to 307.40 of the Revised Code.
(2) Each day during which an illegal location, erection,
construction, floodproofing, repair, alteration, development,
redevelopment, or maintenance continues may be considered a
separate offense.
(E) Regulations
or amendments the board adopts pursuant to this section, with the exception of an existing structures code, do
not
affect buildings or structures that exist or on
which
construction has begun on or before the date the board adopts the regulation
or
amendment.
(F)(1) The board may create a building
department and employ the
personnel
it determines
necessary to administer and enforce any local residential building regulations or existing structures code the board adopts pursuant to this section. The building department may enforce the state residential and nonresidential building codes adopted pursuant to Chapter 3781. of the Revised Code if the building department is certified pursuant to section 3781.10 of the Revised Code to enforce those codes.
(2) The board may direct the building
department, upon certification, to exercise enforcement authority and to accept and
approve plans pursuant to sections 3781.03 and 3791.04 of the
Revised Code for the class of building for which the department and personnel are certified.
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 of four hundred thousand or more, 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, or a county with a population greater than four hundred thousand but less than five hundred thousand, may establish and provide local funding options for constructing and equipping a convention center.
(G) The board of county commissioners of an eligible a county with a population of four hundred thousand or more 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 of four hundred thousand or more 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. 307.6910. (A) As used in this section, "contracting
subdivision" means any political subdivision or taxing district
that enters into an agreement with a board of county commissioners
as authorized by this section.
(B) A board of county commissioners may enter into an
agreement with the legislative authority of one or more political
subdivisions or taxing districts located wholly or partially
within the territorial boundaries of the county providing for both
of the following:
(1) Authorization for the board of county commissioners to
receive funds due the political subdivision or taxing district
from the county treasury, other than funds raised by taxes levied
by
the political subdivision or taxing district, including, but
not
limited to, the political subdivision's or taxing district's
share
of the undivided local government communities fund, provided those
received
funds may lawfully be applied to the purpose for which
money is
owed to the county;
(2) The crediting of the funds so received by the county
against money owed to it by the political subdivision or taxing
district.
The agreement shall be in writing and include the signature
of an authorized officer or representative of the county and of
the political subdivision or taxing district.
(C) Upon entering into an agreement, the board of county
commissioners shall cause two copies of the agreement, certified
by an authorized officer or representative of the county and of
the contracting subdivision, to be transmitted to the county
auditor. The county auditor shall forward one copy of the
agreement to the county treasurer and shall present the other copy
of the agreement to the county budget commission. The county
budget commission shall give effect to the agreement in
determining or revising the amounts to be credited to the funds of
the county and the contracting subdivision in the official or
amended official certificate of estimated resources under sections
5705.35 and 5705.36 of the Revised Code.
(D) The county auditor may rely on the certified agreement
entered into under division (B) of this section for the purpose of
making a certification under division (D) of section 5705.41 of
the Revised Code for a county contract or order of money incurred
on behalf of the contracting subdivision if the county auditor
finds that the amount credited to the county under division (B)(2)
of this section is available in the amount and at the time
necessary to meet the obligation.
(E) The county auditor and county treasurer, in carrying
out
their statutory duties regarding the crediting and
distribution of
money to the funds of the parties to
agreements
entered into under
this section, shall give effect to
any such
agreements certified
to the county auditor under this
section. A
certified agreement
shall not affect the time at which
moneys
otherwise would be
available by law to the parties to the
agreement.
(F) The terms of an agreement entered into under this
section may be enforced in the court of common pleas of the county
that is a party to the agreement in an action for a writ of
mandamus. For purposes of that action, it shall be deemed that
the legislative authority of the contracting subdivision has a
duty to allow payments to the county as specified in the
agreement, that the board of county commissioners of the county
has a duty to receive those payments in the manner specified in
the agreement, and that those duties are specifically enjoined by
law and result from an office, trust, or station.
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. 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.
Sec. 319.281. The county auditor shall place on the
general
tax list and duplicate compiled in accordance with
section 319.28
of the Revised
Code the amount certified by the health
commissioner of a city or
general health district pursuant to
section 3709.091 of the Revised Code of
any unpaid
operation
permit or inspection fee for a household sewage
treatment
disposal system
or a small flow on-site sewage treatment system or any other unpaid fee levied under Chapter 3718. of the
Revised Code and any accrued late payment penalties, together with
any fee charged by the county auditor for placing the amount on
the general tax list and duplicate and for the expenses of its
collection.
The amount
placed on the general tax list and
duplicate shall be a lien
on the real property on which the
household sewage
treatment disposal system or small flow on-site sewage treatment system is located from the
date the amount was placed on the tax
list and duplicate, and
shall be charged and collected in the
same manner as taxes on the
list.
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 compensating 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 H.B. 119 of the 127th general assembly, there shall be paid from the general revenue fund to each county auditor each year 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.
(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:
(1) On the first one hundred thousand dollars, three and
one-half per cent;
(2) On the next three million dollars, one and
three-eighths per cent;
(3) On the next three million dollars, one per cent;
(4) On all further sums not exceeding one hundred fifty
million dollars, three-quarters of one per cent;
(5) On amounts exceeding one hundred fifty million
dollars, six-tenths 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. 321.08. The county treasurer shall enter on his the
treasurer's account each day the
money received for advance payments of taxes and taxes charged on the general
and special duplicates of the current year in the following manner:
(A) Collections of estate tax to be credited to the "undivided estate tax
fund;"
(B) Collections of classified property taxes, including interest and
penalties thereon, shall be credited to the county library and local
government support libraries fund and distributed in accordance with section 5747.48 of
the Revised Code;
(C) Collections of other taxes and assessments of whatever kind to be
credited to the undivided general tax fund.
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. 323.151. 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 tax year 2006, if the taxpayer received a reduction for tax year 2006, 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 on residential/agricultural real property, where "effective tax rate" is defined as in section 323.08 of the Revised Code, and where "residential/agricultural real property" is defined as in section 5713.041 of the Revised Code;
(d) The quantity equal to one minus the sum of the percentage reductions in taxes allowed by 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 of the Revised Code,
determine
applicants' eligibility for health assistance under the
children's
health insurance program part II;
(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. 505.376. 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. 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. 521.01. (A) As used in this chapter, "private sewage
collection tile" means any tile, ditch, pipe, or other
improvement
installed by a private person to receive and convey
sewage and
sewage effluent from at least five household sewage
treatment disposal systems, as those systems are defined
in rules adopted by the public health council under section
3718.01 3701.34 of
the Revised
Code.
(B) A board of township trustees may maintain and repair
private sewage collection tiles located within a township road
right-of-way in the township, where the expenditure from the
township general fund for materials to maintain and repair the
tiles does not exceed two hundred dollars for any one project. No
maintenance
or repair shall be performed that is paid for from
the
township general fund under this division until the board
adopts a
resolution authorizing the maintenance or repair. If
material
costs would exceed two hundred dollars, the board may
proceed
under
this chapter
to
maintain and repair the tiles by assessing the cost against
property based on the special benefits the property receives from
the project.
Sec. 709.191. In lieu of making any of the payments
required by section 709.19 of the Revised Code and for any
proposed annexation which does not require payments under that
section, the legislative authority of a municipal corporation
which proposes to annex unincorporated territory of a township
may enter into an agreement with the board of township trustees
of the township in which the territory to be annexed is located,
whereby the municipal corporation agrees to make an annual
payment to the township to compensate for lost tax revenues. The
agreement shall set forth the amount of the annual payment and
the number of payments to be made.
If a municipal corporation fails to make an annual payment
pursuant to an agreement entered into under this section, the
board of township trustees shall notify the county budget
commission in writing of the amount owed by the municipal
corporation to the township. The county budget commission shall
reduce the amount apportioned to the municipal corporation from
the undivided local government communities fund pursuant to section 5747.51
or 5747.53 of the Revised Code by the amount of the payment due
the township under the municipal-township agreement and shall
increase, by an amount equal to this reduction, the amount
apportioned to the township from the undivided local government communities
fund.
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 county department 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 household sewage treatment 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 county department 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 household sewage treatment 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, or regulations adopted under division (B)(3) of section 307.37 of the Revised Code regarding existing surface or subsurface drainage, or household sewage treatment rules adopted under section 3718.02 of the Revised Code, including, but not limited to, rules governing household sewage disposal 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. 718.13. (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. 742.301. Each employer shall promptly pay the amount
due on the accrued liability on the dates fixed by the board of
trustees of the Ohio police and fire pension fund.
Upon certification by the board that payment of an employer's
accrued liability has not been paid within thirty days following
the date a payment is due, a penalty of five per cent of the
amount due shall be assessed against such employer. If the
payment and penalty have not been paid within ninety days
following the date a payment is due, annual interest at six per
cent shall be assessed against the payment and penalty from the
date that the payment is due.
Upon certification by the board to the superintendent of liquor
control or the county auditor of an amount due from any employer
who is subject to this chapter by reason of such employer's
delinquency in making payments on the accrued liability, the
amount due shall be withheld from the employer from liquor
control permit fees to be distributed to that employer according
to Chapter 4301. of the Revised Code or from the local government communities
fund allocated for distribution to that employer by the county
budget commission in accordance with Chapter 5739. of the Revised
Code. Upon receipt of the certification from the board, the
superintendent or county auditor shall provide for payment against such
funds in favor of the Ohio police and fire pension
fund for the certified amount due and any penalty and interest
thereon.
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.
Sec. 991.08. The Ohio expositions commission shall use not less than thirty-five per cent of the revenue that it receives from lease payments and parking fees related to events held at the Columbus crew stadium, as it is named on the effective date of this section, for the purpose of improving and maintaining parking facilities that are utilized for events at the stadium.
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. 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. 1548.06. (A)(1) Application for a certificate of title for a
watercraft or outboard motor shall be made upon a form prescribed
by the chief of the division of watercraft
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 chief in
any county with the clerk of the court of common
pleas of that
county.
The application shall be accompanied by
the fee
prescribed
in
section 1548.10 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.
(2) If a certificate of
title previously has been issued for the
watercraft or outboard
motor,
the application for a
certificate
of title also shall be accompanied by the certificate
of title
duly
assigned unless otherwise provided in this
chapter. If a
certificate of title previously has not been
issued for the
watercraft or outboard motor in this state, the
application,
unless otherwise provided in this chapter, shall be
accompanied
by
a manufacturer's or importer's certificate; by a
sworn
statement
of ownership if the watercraft or outboard motor
was
purchased by
the applicant on or before
October 9, 1963,
or if
the watercraft
is less than fourteen feet long with
a
permanently affixed
mechanical means of propulsion and was
purchased by the applicant
on or before
January 1,
2000;
or by
a certificate of title, bill
of sale, or
other evidence of
ownership required by the law of
another state
from which the
watercraft or outboard motor was
brought into
this state.
Evidence of ownership of a watercraft or
outboard
motor for
which an Ohio certificate of title previously
has not
been
issued and which watercraft or outboard motor does
not have
permanently affixed
to it a manufacturer's serial
number
shall
be accompanied by the certificate of assignment of a
hull
identification number assigned by
the chief as provided in
section
1548.07 of the Revised Code.
(3) 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 a vendor on behalf of a purchaser of a
watercraft or outboard motor, the clerk shall retain the completed
electronic record to which the vendor converted the certificate of
title application and other required documents. The chief,
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 watercraft or outboard motor when a vendor files the
application for a certificate of title electronically on behalf of
a purchaser.
(B) The
clerk shall use reasonable diligence in
ascertaining
whether
the
facts in the application are true
by checking the
application and
documents accompanying it
or the electronic
record to which a vendor converted the application and
accompanying documents with
the records of
watercraft and
outboard motors in the clerk's
office. If
the
clerk is satisfied
that the
applicant is the owner of the
watercraft or
outboard
motor and
that the application is in the
proper form,
the clerk
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.
However, if the evidence
indicates and an
investigation
shows that one or more Ohio
titles already exist
for
the watercraft or outboard motor, the
chief may cause the
redundant title or titles to be
canceled.
(C) In the case of the sale of a watercraft or outboard motor
by
a vendor to a general purchaser or user, the certificate of
title
shall be obtained in the name of the purchaser by the
vendor upon
application signed by the purchaser. In all other
cases, the
certificate shall be obtained by the purchaser. In
all cases of
transfer of watercraft or outboard motors, the
application for
certificate of title shall be filed within thirty
days after the
later of the date of purchase or assignment of
ownership of the
watercraft or outboard motor. If the
application for certificate
of title is not filed within thirty
days after the later of the
date of purchase or assignment of
ownership of the watercraft or
outboard motor, the clerk shall
charge a late penalty fee of five
dollars in addition to the fee
prescribed by section 1548.10 of
the Revised Code. The clerk
shall retain the entire amount of
each late penalty fee.
(D) The clerk shall refuse to accept an application for
certificate of title unless the applicant either tenders with the
application payment of all taxes levied by or pursuant to Chapter
5739. or 5741. of the Revised Code
based on the applicant's county
of residence less, in the case of a sale
by a vendor, any
discount
to which the vendor is entitled under
section 5739.12
of the
Revised Code, or submits any of the
following:
(1) A receipt issued by the tax commissioner or a clerk of
courts showing payment of the tax;
(2) A copy of the unit certificate of exemption completed
by
the purchaser at the time of sale as provided in section
5739.03
of the Revised Code;
(3) An exemption certificate, in a form prescribed by the
tax commissioner, that specifies why the purchase is not subject
to the tax imposed by Chapter 5739. or 5741. of the Revised Code.
Payment of the tax shall be in accordance with rules issued
by the tax commissioner, and the clerk shall issue a receipt in
the form prescribed by the tax commissioner to any applicant who
tenders payment of the tax with the application for
the
certificate
of title.
(E)(1) For receiving and disbursing the 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 of the taxes
collected,
which shall be paid
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.
(2) 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
chief of
the division of watercraft, 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.
(F) In the case of casual sales of watercraft or outboard
motors
that are subject to the tax imposed by Chapter 5739. or
5741. of
the Revised Code, the purchase price for the purpose of
determining the tax shall be the purchase price on an affidavit
executed and filed with the clerk by the vendor on a form to be
prescribed by the chief, which
shall be prima-facie evidence of
the price for the determination
of the tax. In addition to the
information required by section
1548.08 of the Revised Code, each
certificate of title shall
contain in bold lettering the
following
notification and
statements:
"WARNING TO TRANSFEROR
AND
TRANSFEREE
(SELLER AND
BUYER). You
are required by law to
state
the true
selling price. A false statement is a
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."
(G) Each county clerk of courts shall forward to the treasurer of state all sales and use tax collections resulting from sales of titled watercraft and outboard motors 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 this division 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 this division, the clerk shall 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.
(H) For purposes
of a
transfer of a certificate of title, if the clerk is satisfied that
a
secured party has discharged a lien 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.
(I) Every clerk shall have the capability to transact by
electronic means all procedures and transactions relating to the
issuance of watercraft or outboard motor certificates of title
that are described in the Revised Code as being accomplished by
electronic means.
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 (1) Subject to division (D)(2) of this section, 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.
(2) Any agreement entered into by the Greene county prosecuting attorney under division (D)(1) of this section is subject to the authority under division (B) of this section of the Greene county board of county commissioners to provide for the prosecution of violations of state law in municipal courts located in Greene county.
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. 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. 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 by clear and convincing evidence 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 shall not consider active military service in the uniformed services in determining whether a change in circumstances exists under this section.
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 WORKSHEETSOLE 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 care maximum (multiply |
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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. |
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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15. |
Combined annual income that |
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is basis for child support |
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order (add line 14, Col. I |
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and Col. II)................ |
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$...... |
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16. |
Percentage of parent's |
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income to total income |
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a. |
Father (divide line 14, |
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Col. I, by line 15, Col. |
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III).......................% |
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b. |
Mother (divide line 14, |
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Col. II, by line 15, Col. |
|
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III).......................% |
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17. |
Basic combined child
|
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|
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support obligation (refer |
|
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to schedule, first column, |
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locate the amount nearest |
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to the amount on line 15, |
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Col. III, then refer to |
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column for number of |
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children in this family. |
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If the income of the |
|
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parents is more than one |
|
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sum but less than another, |
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you may calculate the |
|
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|
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difference.)............... |
|
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$...... |
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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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|
|
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for children who are the |
|
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|
|
|
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subject of this order that |
|
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|
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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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|
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not claimed).............. |
$...... |
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$...... |
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20. |
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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Actual out-of-pocket |
|
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health insurance cost |
|
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to parent for the children |
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who are the subject of |
|
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|
this order, if the parent |
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|
is ordered to provide |
|
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|
|
|
health insurance ........ |
$...... |
|
$...... |
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21. |
ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED: |
|
|
Father (only if obligor |
|
|
Mother (only if obligor |
|
|
or shared parenting) |
|
|
or shared parenting) |
|
a. |
Additions: line 16a |
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b. |
Additions: line 16b |
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times sum of amounts |
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|
times sum of amounts |
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shown on line 19, Col. II |
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shown on line 19, Col. I |
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and line 20, Col. II |
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and line 20, Col. I |
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$...................... |
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$...................... |
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c. |
Subtractions: line 16b |
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d. |
Subtractions: line 16a |
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|
times sum of amounts |
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|
times sum of amounts |
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|
shown on line 19, Col. I |
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shown on line 19, Col. II |
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and line 20, Col. I |
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and line 20, Col. II |
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$....................... |
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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)................... |
$...... |
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24. |
ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED: |
|
|
Father (only if obligor |
|
|
Mother (only if obligor |
|
|
or shared parenting) |
|
|
or shared parenting) |
|
a. |
Additions: line 16a times |
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b. |
Additions: line 16b times |
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amount shown on line 19, |
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amount shown on line 19, |
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Col. II |
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Col. I |
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$...................... |
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$...................... |
|
c. |
Subtractions: line 16b |
|
d. |
Subtractions: line 16a |
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times amount shown on |
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times amount shown on |
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line 19, Col. I |
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line 19, Col. II |
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$....................... |
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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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$...... |
|
Father/Mother, OBLIGOR |
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26 29. |
FOR DECREE: Child support per month (divide obligor's annual share, line 25 28, by 12) plus any processing charge |
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$...... |
|
$...... |
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30. |
FINAL CASH MEDICAL SUPPORT FIGURE: (this amount reflects the final, annual cash medical support to be paid by the obligor when neither parent provides health insurance coverage for the child; enter obligor's child support amount from |
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line 7b |
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$...... |
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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: |
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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 WORKSHEETSPLIT 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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|
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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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|
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|
|
bonuses during the current |
|
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|
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|
|
calendar year will be less |
|
|
|
|
|
|
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 |
|
|
|
|
|
|
to be earned this year.)... |
$...... |
|
$...... |
|
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|
|
2. |
For self-employment income |
|
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|
|
|
a. |
Gross receipts from |
|
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|
|
|
|
business................... |
$...... |
|
$...... |
|
|
b. |
Ordinary and necessary |
|
|
|
|
|
|
business expenses.......... |
$...... |
|
$...... |
|
|
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 ..... |
$...... |
|
$...... |
|
|
d. |
Adjusted gross income from |
|
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|
|
|
|
self-employment (subtract |
|
|
|
|
|
|
the sum of 2b and 2c from |
|
|
|
|
|
|
2a)........................ |
$...... |
|
$...... |
|
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|
|
3. |
Annual income from interest |
|
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|
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|
|
and dividends (whether or |
|
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|
|
|
|
not taxable)............... |
$...... |
|
$...... |
|
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|
|
4. |
Annual income from
|
|
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|
|
|
|
unemployment compensation... |
$...... |
|
$...... |
|
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|
|
5. |
Annual income from workers' |
|
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|
|
|
|
compensation, disability |
|
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|
|
|
insurance benefits or social |
|
|
|
|
|
|
security disability |
|
|
|
|
|
|
retirement benefits........ |
$...... |
|
$...... |
|
|
|
|
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|
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|
|
6. |
Other annual income |
|
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|
|
|
|
(identify)................. |
$...... |
|
$...... |
|
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|
|
7.a. |
Total annual gross income |
|
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|
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|
|
(add lines 1a, 1b, 2d, and |
|
|
|
|
|
|
3-6)....................... |
$...... |
|
$...... |
|
|
b. |
Health care maximum |
|
|
|
|
|
|
(multiply line 7a |
|
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|
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|
|
by 5%) |
$...... |
|
$...... |
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|
ADJUSTMENTS TO INCOME: |
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|
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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 |
|
|
|
|
|
|
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. |
Adjusted annual gross |
|
|
|
|
|
|
income (subtract line 13 |
|
|
|
|
|
|
from 7a).................... |
$...... |
|
$...... |
|
|
|
|
|
|
|
|
|
15. |
Combined annual income that |
|
|
|
|
|
|
is basis for child support |
|
|
|
|
|
|
order (add line 14, Col. I |
|
|
|
|
|
|
and Col. II)................ |
|
|
|
|
$...... |
|
|
|
|
|
|
|
16. |
Percentage of parent's |
|
|
|
|
|
|
income to total income |
|
|
|
|
|
a. |
Father (divide line 14, |
|
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|
|
|
|
Col. I, by line 15, Col. |
|
|
|
|
|
|
III).......................% |
|
|
|
|
|
b. |
Mother (divide line 14, |
|
|
|
|
|
|
Col. II, by line 15, Col. |
|
|
|
|
|
|
III).......................% |
|
|
|
|
|
|
|
|
|
|
|
|
17. |
Basic combined child
|
|
|
|
|
|
|
support obligation (refer |
|
|
|
|
|
|
to schedule, first column, |
|
|
|
|
|
|
locate the amount nearest |
|
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|
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|
|
to the amount on line 15, |
|
|
|
|
|
|
Col. III, then refer to |
|
|
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|
|
|
column for number of |
|
|
|
|
|
|
children with this parent. |
|
|
|
|
|
|
If the income of the |
|
|
|
|
|
|
parents is more than one |
|
|
|
|
|
|
sum but less than another, |
|
|
|
|
|
|
you may calculate the |
|
|
|
|
|
|
difference)................ |
|
|
|
|
|
|
|
|
|
|
|
|
|
For children |
|
For children |
|
for whom the |
|
for whom the |
|
mother is the |
|
father is the |
|
residential |
|
residential |
|
parent and |
|
parent and |
|
legal custodian |
|
legal custodian |
|
$............ |
|
$............ |
|
|
|
|
|
|
18. |
Annual support obligation per parent |
|
|
|
|
a. |
Of father for children for |
|
|
|
|
|
|
whom mother is the |
|
|
|
|
|
|
residential parent and |
|
|
|
|
|
|
legal custodian (multiply |
|
|
|
|
|
|
line 17, Col. I, by line |
|
|
|
|
|
|
16a)....................... |
$...... |
|
|
|
|
b. |
Of mother for children for |
|
|
|
|
|
|
whom the father is the |
|
|
|
|
|
|
residential parent and |
|
|
|
|
|
|
legal custodian (multiply |
|
|
|
|
|
|
line 17, Col. II, by line |
|
|
|
|
|
|
16b)....................... |
|
|
$...... |
|
|
|
|
|
|
|
|
|
19. |
Annual child care expenses |
|
|
|
|
|
|
for children who are the |
|
|
|
|
|
|
subject of this order that |
|
|
|
|
|
|
are work-, employment |
|
|
|
|
|
|
training-, or education- |
|
|
|
|
|
|
related, as approved by |
|
|
|
|
|
|
the court or agency |
|
|
|
|
|
|
(deduct tax credit from |
|
|
|
|
|
|
annual cost whether or |
|
|
|
|
|
|
not claimed)............... |
Paid by |
|
Paid by |
|
|
|
|
father |
|
mother |
|
|
|
|
$...... |
|
$...... |
|
|
|
|
|
|
|
|
|
20. |
Marginal, out-of-pocket |
|
|
|
|
|
|
costs, necessary to provide |
|
|
|
|
|
|
for health insurance for |
|
|
|
|
|
|
the children who are the |
|
|
|
|
|
|
subject of this order........ |
|
|
|
|
|
|
Actual out-of-pocket health insurance cost to parent for children who are the subject of this order, if the parent is ordered to provide health |
|
|
|
|
|
|
insurance |
Paid by |
|
Paid by |
|
|
|
|
father |
|
mother |
|
|
|
|
$...... |
|
$...... |
|
|
|
|
|
|
|
|
|
21. |
ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED: |
|
|
Father |
|
|
Mother |
|
a. |
Additions: line 16a |
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b. |
Additions: line 16b |
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times sum of amounts |
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times sum of amounts |
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shown on line 19, Col. II |
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shown on line 19, Col. I |
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and line 20, Col. II |
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and line 20, Col. I |
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$...................... |
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$...................... |
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c. |
Subtractions: line 16b |
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d. |
Subtractions: line 16a |
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times sum of amounts |
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times sum of amounts |
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shown on line 19, Col. I |
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shown on line 19, Col. II |
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and line 20, Col. I |
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and line 20, Col. II |
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$....................... |
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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 amount shown on line 19, Col. II |
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b. |
Additions: line 16b times amount shown on line 19, Col. I |
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$.......... |
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$.......... |
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c. |
Subtractions: line 16b times amount shown on line 19, Col. I |
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d. |
Subtractions: line 16a times amount shown on line 19, 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 7b, Col. I, to line 24g, Col. I, when father is the obligor or line 7b, 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 child support from line 7b) |
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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 |
|
Date |
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 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 health insurance that provides primary care services within either thirty miles or thirty minutes driving time 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 cost of private family health insurance that does not exceed an amount equal to five per cent of the annual gross income of the person responsible for the health care of the children subject to the child support order.
(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 responsible for the health care
of the
children subject to the child support order. The
determination shall be based on information provided to the
court
or to the child support enforcement agency under section
3119.31
of the Revised Code. 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 the obligee
obtain 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)(2) 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 any group policy, contract, or plan available to the obligor and, in the alternative, if the court or child support enforcement agency determines that health insurance coverage is not available at a reasonable cost to the obligee or obligor, and that the gross income of the obligor is over one hundred fifty per cent of the federal poverty line, pay cash medical support that is five per cent of the obligor's annual gross income to either the office of child support in the department of job and family services to defray the cost of expenditures under Title XIX to provide health care for the children, or the obligee if the children are not receiving assistance under Title XIX;
(3) 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, a requirement that the obligor
and 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, with appropriate offset of the amount of any cash medical payment ordered pursuant to division (A)(2) of this section, 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)(4) 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.
(B) The court, with respect to court child support orders, and the child support enforcement agency, with respect to administrative child support orders, may determine and include in an order issued under division (A) of this section that longer travel times are permissible if residents in part or all of the service area customarily travel distances farther than thirty miles or thirty minutes driving time or that primary care services are accessible only by public transportation.
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. 3301.0711. (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, 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. 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 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.
A school district or community school shall submit to the eTech Ohio commission the data verification code for each of its enrolled students who is also enrolled in a course offered through the clearinghouse established under section 3353.21 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.
(2) "Cost", "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, 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 due to the district under Chapter 3317. of the Revised Code 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 due to the district under Chapter 3317. of the Revised Code 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 due to the district under Chapter 3317. of the Revised Code 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) Indicate on the report card issued for the district under section 3302.03 of the Revised Code that the district has been sanctioned for failing to report data as required by this section;
(viii) If incomplete or inaccurate data submitted by the district likely caused the district to receive a higher performance rating than it deserved under section 3302.03 of the Revised Code, 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 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 funds due to the district under Chapter 3317. of the Revised Code 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 funds under Chapter 3317. of the Revised Code 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 funds due to the district under Chapter 3317. of the Revised Code 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.
(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. 3301.162. (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 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. 3301.53. (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 may establish an academic distress commission for each any 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 designated by the superintendent of public instruction.
(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) The members of an academic distress commission are not subject to section 102.02 of the Revised Code, except that a member who is subject to that section by virtue of holding another office or position shall comply with that section with respect to that other office or position. However, each member of the commission shall file with the Ohio ethics commission a signed written statement setting forth the general nature of sales of goods, property, or services or of loans to the applicable school district, in which the commission member has a pecuniary interest or in which any member of the commission member's immediate family, as defined in section 102.01 of the Revised Code, or any corporation, partnership, or enterprise of which the commission member is an officer, director, or partner, or of which the commission member or a member of the commission member's immediate family owns more than a five per cent interest, has a pecuniary interest, and of which sale, loan, or interest the commission member has knowledge. The statement shall be supplemented from time to time to reflect changes in the general nature of any such sales or loans.
(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. 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 handicap 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) "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.
(E) "Entitled to attend school" means entitled to attend school in a school district under sections 3313.64 and 3313.65 of the Revised Code.
(F) "Formula ADM" and "formula amount" have the same meanings as in section 3317.02 of the Revised Code.
(G) "Handicapped child," "individualized education program," and "special education program" have the same meanings as in section 3323.01 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 handicapped child;
(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.
Sec. 3310.52. (A) The special education scholarship pilot program is hereby established. Under the program, in fiscal years 2008 through 2013, 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 handicapped children during the previous fiscal year.
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 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 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 lesser 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.
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 does not discriminate on the basis of race, ethnicity, national origin, religion, sex, disability, age, or ancestry.
(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 handicapped child 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 and deadlines 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. 3313.41. (A) Except as provided in divisions (C),
(D), (F), and (G) of this section, when a board of education
decides to
dispose of real or personal property that it owns in
its corporate
capacity and that exceeds in value ten thousand
dollars, it
shall
sell the property at public auction, after
giving at least
thirty
days' notice of the auction by publication
in a newspaper
of
general circulation or by posting notices in
five of the most
public places in the school district in which the
property, if it
is real property, is situated, or, if it is
personal property, in
the school district of the board of
education that owns the
property. The board may offer real
property for sale as an
entire
tract or in parcels.
(B) When the board of education has offered real or
personal
property for sale at public auction at least once pursuant to
division
(A) of this section, and the property has not been sold,
the
board may sell it at a private sale. Regardless of how it was
offered at public auction, at a private sale, the board shall, as
it considers best, sell real property as an entire tract or in
parcels, and personal property in a single lot or in several
lots.
(C) If a board of education decides to dispose of real or
personal property that it owns in its corporate capacity and that
exceeds in value ten thousand dollars, it may sell the property
to
the adjutant general; to any subdivision or taxing authority as
respectively defined in divisions (A) and (C) of section 5705.01
of the
Revised Code, township park district, board of park
commissioners
established under Chapter 755. of the Revised Code,
or park
district established under Chapter 1545. of the Revised
Code; to
a wholly or partially tax-supported university,
university
branch, or college; or to the board of
trustees of a
school district library, upon such terms as are
agreed upon. The
sale of real or personal property to the board
of trustees of a
school district library is limited, in the case
of real property,
to a school district library within whose
boundaries the real
property is situated, or, in the case of
personal property, to a
school district library whose boundaries
lie in whole or in part
within the school district of the selling
board of education.
(D) When a board of education decides to trade as a part
or
an entire consideration, an item of personal property on the
purchase price of an item of similar personal property, it may
trade the same upon such terms as are agreed upon by the parties
to the trade.
(E) The president and the treasurer of the board of
education shall execute and deliver deeds or other necessary
instruments of conveyance to complete any sale or trade under
this
section.
(F) When a board of education has identified a parcel of
real
property that it determines is needed for school purposes,
the
board may, upon a majority vote of the members of the board,
acquire that property by exchanging real property that the board
owns in its corporate capacity for the identified real property or
by using real property that the board owns in its corporate
capacity as part or an entire consideration for the purchase price
of the
identified real property. Any exchange or acquisition made
pursuant to this
division shall be made by a conveyance executed
by the president and the
treasurer of the board.
(G)(1) When a school district board of education decides to
dispose of real property suitable for use as classroom space,
prior to disposing of that property under divisions (A) to (F)
of this section, it shall first offer that property for sale to
the governing authorities of the start-up community schools
established under Chapter 3314. of the Revised Code located
within the territory of the school district, at a price that is
not higher than the appraised fair
market value of that property.
If more than one community school
governing authority accepts the
offer made by the school district
board,
the board shall sell the
property to the governing authority that accepted the offer first
in time. If no
community school governing authority accepts
the
offer within sixty days after the offer is made by the school
district board, the board may dispose of the property in the
applicable manner prescribed under divisions (A) to (F) of this
section.
(2) When a school district board of education has not used real property at least seventy-five per cent of a building suitable for classroom space for academic instruction, administration, storage, or any other educational purpose for one full at least seventy-five per cent of a school year and has not adopted a resolution outlining a plan for using at least seventy-five per cent of that property building for any of those purposes within academic instruction for at least seventy-five per cent of the next three school years year, it shall offer that property building for sale to the governing authorities of the start-up community schools established under Chapter 3314. of the Revised Code located within the territory of the school district, at a price that is not higher than the appraised fair market value of that property. If more than one community school governing authority accepts the offer made by the school district board, the board shall sell the property to the governing authority that accepted the offer first in time.
(H) When a school district board of education has property that the board, by resolution, finds is not needed for school district use, is obsolete, or is unfit for the use for which it was acquired, the board may donate that property in accordance with this division if the fair market value of the property is, in the opinion of the board, two thousand five hundred dollars or less.
The property may be donated to an eligible nonprofit organization that is located in this state and is exempt from federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating any property under this
division, the board shall adopt a resolution expressing its intent
to make unneeded, obsolete, or unfit-for-use school district property
available to these organizations. The resolution shall include
guidelines and procedures the board considers to be necessary to
implement the donation program and shall indicate whether the
school district will conduct the donation program or the board will
contract with a representative to conduct it. If a representative
is known when the resolution is adopted, the resolution shall
provide contact information such as the representative's name,
address, and telephone number.
The resolution shall include within its procedures a
requirement that any nonprofit organization desiring to obtain
donated property under this division shall submit a written notice
to the board or its representative. The written notice shall
include evidence that the organization is a nonprofit organization that is located in this state and is
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)
and (c)(3); a description of the organization's primary purpose; a
description of the type or types of property the organization
needs; and the name, address, and telephone number of a person
designated by the organization's governing board to receive
donated property and to serve as its agent.
After adoption of the resolution, the board shall publish, in
a newspaper of general circulation in the school district, notice of its
intent to donate unneeded, obsolete, or unfit-for-use school district
property to eligible nonprofit organizations. The notice shall
include a summary of the information provided in the resolution
and shall be published at least twice. The second and any
subsequent notice shall be published not less than ten nor more
than twenty days after the previous notice. A similar notice also
shall be posted continually in the board's office, and, if the
school district maintains a web site on the internet, the notice shall be
posted continually at that web site.
The board or its representatives shall maintain a list of all
nonprofit organizations that notify the board or its
representative of their desire to obtain donated property under
this division and that the board or its representative determines
to be eligible, in accordance with the requirements set forth in this section and in
the donation program's guidelines and procedures, to receive
donated property.
The board or its representative also shall maintain a list of
all school district property the board finds to be unneeded, obsolete, or
unfit for use and to be available for donation under this
division. The list shall be posted continually in a conspicuous
location in the board's office, and, if the school district maintains a
web site on the internet, the list shall be posted continually at
that web site. An item of property on the list shall be donated
to the eligible nonprofit organization that first declares to the
board or its representative its desire to obtain the item unless
the board previously has established, by resolution, a list of
eligible nonprofit organizations that shall be given priority with
respect to the item's donation. Priority may be given on the
basis that the purposes of a nonprofit organization have a direct
relationship to specific school district purposes of programs provided or
administered by the board. A resolution giving priority to
certain nonprofit organizations with respect to the donation of an
item of property shall specify the reasons why the organizations
are given that priority.
Members of the board shall consult with the Ohio ethics commission, and comply with Chapters 102. and 2921. of the Revised Code, with respect to any donation under this division to a nonprofit organization of which a board member, any member of a board member's family, or any business associate of a board member is a trustee, officer, board member, or employee.
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 child" means a handicapped
child,
as defined by division (A) of 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.
(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 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
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. 3313.98. 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 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, 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. 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. 3314.02. (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, and 3314.016 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. 3314.074. 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 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
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 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
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
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 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 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 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
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
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 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 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. For
purposes of this
section:
(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 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 student's percentage of full-time equivalency shall
be considered to be the percentage the hours of learning
opportunity offered to that student is of nine hundred and twenty
hours. 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.
(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. 3314.086. 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. 3314.19. 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 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, 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 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 student counts certified pursuant to section 3317.03 of the Revised Code as follows:
the sum of one-half of the number of students reportedfor the first full week in October plus one-half of theaverage of the numbers reported for the first full weekin 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 for whom a scholarship has been awarded under section 3310.41 of the Revised Code, this section does not apply to
handicapped
preschool students.
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 is a speech and language handicap, 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, as
these terms are defined pursuant
to Chapter 3323.
of
the Revised
Code, or other health
handicapped-minor;
(C) A multiple of
1.7695 for students identified as
hearing
handicapped,
vision
impaired,
or severe behavior handicapped, 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, as this
term is defined pursuant to
Chapter 3323. of the Revised Code or other health handicapped -
major;
(E) A multiple of 3.1129 for students identified as
multihandicapped, 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, 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.
Not later than January 31, 2009, and the thirty-first day of January of each odd-numbered year thereafter, the department shall prepare an analysis of whether the multiples specified in this section continue to accurately reflect the cost of providing special education, including the costs of related services, for students in each of the respective categories of programs specified in this section.
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 (J) 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 (J) 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. 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 for October of that fiscal year plus one-half of the average of the numbers reported for October and February of that fiscal year, as adjusted, if so ordered, under division (K) of that section.
(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 receiving
special
education services for
the handicap
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 receiving
special
education services for those handicaps 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 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 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 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 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 child" means a
handicapped child,
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)(K)
"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)(L)
"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)(M)
"Potential value" of a school district means the
recognized valuation of a school district plus
the tax
exempt
value
of
the district.
(Q)(N)
"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)(O)
"Statewide median income" means the median district
median
income of all city, exempted village, and local school
districts in the state.
(S)(P)
"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)(Q)
"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)(R) A child may be identified as "other health
handicapped-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)(S) A child may be identified as "other health
handicapped-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)(R)(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 (T) "State education aid" has the same meaning as in section 5751.20 of the Revised Code.
(X)(U) "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.
(V) "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 the following for each eligible district formula:
{[cost-of-doing-business factor Xthe 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 undersections 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 supplementsprescribed in divisions (C)(1) to (4) of section 3317.012 of the Revised Code +the sum of the amounts calculated for the district undersections 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 whose
handicaps 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, including any student whose primary or
only
handicap is a speech and language handicap;
(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
in accordance with their individualized
education plans.
(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 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 Xthe formula amount for the year for whichthe aid is calculated X the district'stotal 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'stotal 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 Xformula amount X
the sum of categoriesone 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, compliance with state
rules governing the education of handicapped children and
prescribing the continuum of program options for handicapped
children, 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, 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)(a) "Total cost of transportation" is equal to the cost of transporting qualifying riders using the following types of transportation:
(i) Board-owned, leased, and operated school buses;
(ii) School bus service contracted from another school, including transportation in a consortium arrangement on buses managed and reported by another district or entity;
(iii) Contractor-owned, leased, and operated school buses.
(b) "Qualifying riders" are students transported living over one mile from school in grades kindergarten through twelve, including students with dual enrollment in a joint vocational or cooperative education district, nonpublic school students, and community school students. Only students eligible for a transportation payment under section 3327.01 of the Revised Code shall be included in this count. This count shall be determined as the average number of students transported during the first full week of October, and reported as required by the department of education. Adjustments to this count may be made only in accordance with rules adopted by the department.
(c) "Nontraditional riders" are those qualifying riders being educated in a community school or a nonpublic school.
(d) "Total miles" is the total miles driven for all types of transportation as listed under division (D)(1)(a) of this section.
(e) "Transportation state share percentage" is the district's state share percentage, as defined in division (B)(2) of this section, as determined by the department for the district's second June state education aid payment of the previous fiscal year.
(f) "Assigned bus" means a bus used for transporting regular education qualifying riders.
(2) For each school district, the department shall determine the statewide average cost per student as follows:
(a) Determine the district's cost per student by dividing the total costs of transportation in the previous fiscal year by total qualifying riders in the previous fiscal year for each district.
(b) Exclude from the determination under division (D)(2)(a) of this section the ten districts with the highest cost per student and the ten districts with the lowest cost per student.
(c) After excluding the districts as prescribed in division (D)(2)(b) of this section, determine the statewide average cost per student by dividing the aggregate statewide total costs of transportation by the aggregate statewide total qualifying riders.
(3) For each school district, the department shall determine the statewide average cost per mile as follows:
(a) Determine the district's cost per mile by dividing the total costs of transportation in the previous fiscal year by the total miles in the previous fiscal year for each district.
(b) Exclude from the determination made under division (D)(3)(a) of this section, the ten districts with the highest cost per mile and the ten districts with the lowest cost per mile.
(c) After excluding the districts as prescribed in division (D)(3)(b) of this section, determine the statewide average cost per mile by dividing the aggregate statewide total miles for all districts by the aggregate statewide total qualifying riders.
(4) For each school district, the department shall determine each district's base calculation as follows:
(a) Determine the per student base by multiplying the state average cost per student as determined under division (D)(2)(a) of this section by the district's current year total qualifying riders.
(b) Determine the per mile base by multiplying the state average cost per mile as determined under division (D)(3)(a) of this section by the district's current year total miles.
(c) Determine the current year base by multiplying the greater of the amount determined under division (D)(4)(a) or (b) of this section by the greater of sixty per cent or the district's transportation state share percentage as defined under division (D)(1) of this section.
(5) For each school district, the department calculate the district's nontraditional student adjustment as follows:
(a) Determine the district's nontraditional student ratio by dividing total nontraditional riders by total qualifying riders.
(b) Multiply the ratio determined under division (D)(5)(a) of this section by 0.1.
(c) Multiply the product calculated under division (D)(5)(b) of this section by the district's current year base.
(6) If a district provides any of the types of transportation listed in division (D)(1)(a) of this section to all of its high school students, the department shall multiply the district's current year base by 0.025.
(7) If a district provides any of the types of transportation listed in division (D)(1)(a) of this section to students in grades kindergarten to eight living less than two miles from school but greater than one mile from school, the district's current year base shall be multiplied by 0.025.
(8) For each school district, the department shall calculate an adjustment based upon efficiency. "Efficiency" means the ability to exceed a target number of riders per assigned bus. The target value shall be recalculated each year based upon current year data, and based upon the median riders per assigned bus.
(a) Each district's efficiency target shall be adjusted based upon its ridership density, using a formula that compares its ridership density with other districts, and adjusts the ridership target based upon that relative density.
(b) The efficiency index for each district shall be determined by dividing each district's current year qualifying riders per assigned bus by its target riders per assigned bus.
(c) The efficiency adjustment for each district shall be as follows:
(i) If the district's efficiency index is greater than or equal to 1.5, the efficiency adjustment is ten per cent times the current year base.
(ii) If the district's efficiency index is less than 1.5 but greater than or equal to 1.0, the district's efficiency adjustment is as follows:
[(the district's efficiency index minus one) divided by five] times the current year base.
(iii) If the district's efficiency index is less than 1.0, the district's efficiency adjustment is zero.
(d) The department shall publish on its web site the efficiency index for each district and the details of how the index was calculated.
(9) Each district shall be paid the lesser of the amount described in division (D)(9)(a) or (b) of this section:
(a) The sum of the amounts determined under divisions (D)(4)(c), (5)(c), (6), (7), and (8)(c) of this section;
(b) The district's total actual cost from the prior fiscal year.
(10) In addition to funds paid under divisions
(D)(2) to (5) division (D)(9)
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 one hundred one per cent of the district's local share of transportation funding calculated by the department for the previous fiscal year.
(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, 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)(J) 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 indexX 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) A payment for assistance in closing the achievement gap, if the district's poverty index is greater than or equal to 1.0 and its academic distress index is greater than or equal to 1.0, as determined based on the most recent report card issued under section 3302.03 of the Revised Code prior to the beginning of the fiscal year, calculated as follows:
poverty index X academic distress index X (0.0015 X formula amount) X formula ADM
(a) If the district's academic distress percentage is less than its academic distress percentage used for the prior fiscal year:
poverty index X academic distress index X (0.0015 X formula amount) X formula ADM X 1.035
(b) If the district's academic distress percentage is greater than or equal to its academic distress percentage used for the prior fiscal year:
poverty index X academic distress index X (0.0015 X formula amount) X formula ADM
(K) 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. Except as provided in division (L) of this section with respect to funds paid under division (J)(2)(b) of this section, in division (M)(2) of this section with respect to funds paid under division (D) of this section, and in division (O) of 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 both 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.
(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 For academic intervention services 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;
(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.
(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.
(L)(1) By the first day of August of each fiscal year, each (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 school nutrition programs provided pursuant to section 3313.813 of the Revised Code.
However, 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 (K)(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.
(L) This division applies only to funds paid under division (J)(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) 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) 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)(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.
(P) Not later than the thirtieth day of September each year, each school district paid 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 wealthper pupil - the
district's localwealth 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. 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.
(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, other than
handicapped preschool children, 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
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. 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 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.
(4) The number of pupils enrolled in joint vocational
schools;
(5) The combined average daily membership of
handicapped children
reported under division (A)(1) or (2) of this
section receiving
special education
services
for the category one
handicap 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
reported under
division (A)(1) or (2) of this section receiving
special
education services
for category two
handicaps
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
reported under
division (A)(1) or (2) of this section
receiving
special education services for
category three handicaps
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
reported under division (A)(1)
or (2) of this section receiving
special education services for
category four handicaps 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
reported under division (A)(1) or (2) of this section receiving
special education services for the category five handicap
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
reported under division (A)(1) or (2) and under division (B)(3)(h) of this section receiving
special education services for category six handicaps 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, the district placed with a
county MR/DD board
in fiscal
year 1998;
(b) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education services
for the category one handicap
described in
division (A) of
section
3317.013
of the Revised
Code;
(c) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education services
for category two handicaps
described in
division (B) of
section
3317.013
of the Revised
Code;
(d) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education
services
for category three handicaps described in
division
(C) of section
3317.013 of the Revised
Code;
(e) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for category four handicaps described in division (D) of section
3317.013 of the Revised Code;
(f) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for the category five handicap described in division (E) of
section
3317.013 of the Revised Code;
(g) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for category six handicaps 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. 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
for purposes of section 3314.08 of the
Revised Code.
(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 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. 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 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 receiving
special
education
services
for the category one handicap described in
division (A)
of section 3317.013
of the Revised Code;
(c) Handicapped children receiving
special
education
services
for the category two handicaps described in
division (B)
of section 3317.013
of the Revised Code;
(d) Handicapped children
receiving special education
services for category three
handicaps
described in division
(C)
of section
3317.013 of the
Revised Code;
(e)
Handicapped children
receiving special education services
for category four handicaps
described in division (D) of section
3317.013 of the Revised Code;
(f) Handicapped children receiving special education
services for the category five handicap described in division (E)
of
section 3317.013 of the Revised Code;
(g) Handicapped children receiving special education
services for category six handicaps 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
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 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. 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 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 other than handicapped preschool children receiving services at the institution for each category of handicap described in divisions (A) to (F) of section 3317.013 of the Revised Code;
(ii) The average
daily
membership of all handicapped preschool children 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
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 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 discovers an error in the formula ADM certified by a district superintendent, 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. 3317.04. 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. 3317.06. 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 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 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. 3317.08. 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
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 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 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 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. 3317.16. (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 Xthe 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 Xformula 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 Xtotal 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 Xthe formula amount X the sum ofcategories one and two vocationaleducation 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 Xtotal 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 personnelallowance 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 throughsix 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, 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) XTotal special education weight Xthe formula amount
(2) For each handicapped student 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. 3317.20. This section does not apply to handicapped
preschool children.
(A) As used in this section:
(1)
"Applicable weight" means the multiple specified in
section
3317.013
of the Revised
Code
for a handicap
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,
other than a handicapped preschool child, 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 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, 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.
(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 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 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 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 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 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 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 other than handicapped preschool children 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. 3318.12. (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. 3318.47. (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. 3319.55. (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. 3323.01. As used in this chapter and Chapter 3321. of
the Revised Code:
(A) "Handicapped child" means a person under twenty-two
years of age who is developmentally handicapped, hearing
handicapped, speech handicapped, visually disabled, severe
behavior handicapped, orthopedically handicapped,
multihandicapped, other health handicapped, specific learning
disabled, autistic, or traumatic brain injured, and by reason
thereof requires special education.
(B) "Special education program" means the required related
services and instruction specifically designed to meet the unique
needs of a handicapped child, including classroom instruction,
home instruction, and instruction in hospitals and institutions
and in other settings.
(C) "Related services" means transportation, and such
developmental, corrective, and other supportive services as may
be required to assist a handicapped child to benefit from special
education, including the early identification and assessment of
handicapped conditions in children, speech pathology and
audiology, psychological services, occupational and physical
therapy, physical education, recreation, counseling services
including rehabilitative counseling, and medical services, except
that such medical services shall be for diagnostic and evaluation
purposes only.
(D) "Appropriate public education" means special education
and related services that:
(1) Are provided at public expense and under public
supervision;
(2) Meet the standards of the state board of education;
(3) Include an appropriate preschool, elementary, or
secondary education;
(4) Are provided in conformity with the individualized
education program required under this chapter.
(E) "Individualized education program" means a written
statement for each handicapped child designed to meet the unique
needs of a handicapped child, which statement shall include:
(1) A statement of the present levels of educational
performance of such child;
(2) A statement of annual goals, including short-term
instructional objectives;
(3) A statement of the specific educational services to be
provided to such child, and the extent to which such child will
be able to participate in regular educational programs;
(4) A statement of the transition services needed for such
child beginning no later than age sixteen and annually thereafter
(and, when determined appropriate for such child, beginning at
age fourteen or younger), including, when appropriate, a
statement of the interagency responsibilities and linkages before
the student leaves the school setting;
(5) The projected date for initiation and anticipated
duration of such services;
(6) Appropriate objective criteria and evaluation
procedures and schedules for determining, on at least an annual
basis, whether instructional objectives are being achieved, and
whether current placement is appropriate.
(F) "Other educational agency" means a department,
division, bureau, office, institution, board, commission,
committee, authority, or other state or local agency, other than
a 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
handicapped children.
(G) "School district" means a city, local, or exempted
village school district.
(H) "Parents" means either parent. If the parents are
separated or divorced, "parent" means the parent who is the
residential parent and legal custodian of the handicapped child.
Except as used in division (I) of this section and in sections
3323.09 and 3323.141 of the Revised Code, "parents" includes a
child's guardian or custodian. This definition does not apply to
Chapter 3321. of the Revised Code.
(I) As used in sections 3323.09, 3323.091, 3323.13, and
3323.14 of the Revised Code, "school district of residence"
means:
(1) The school district in which the child's parents
reside;
(2) If the school district specified in division (I)(1) of
this section cannot be determined, the last school district in
which the child's parents are known to have resided if the
parents' whereabouts are unknown;
(3) If the school district specified in division (I)(2) of
this section cannot be determined, the school district determined
by the court 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. The school district of residence that had been
established under this section on December 12, 1983, shall remain
the child's school district of residence unless a district of
residence can be determined under division (I)(1) or (2) of this
section.
(4) Notwithstanding divisions (I)(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.
(J) "County MR/DD board" means a county board of mental
retardation and developmental disabilities.
(K) "Handicapped preschool child" means a handicapped
child 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.
(L) "Transition services" means a coordinated set of
activities for a student, designed within an outcome-oriented
process, that:
(1) Promotes movement from school to post-school
activities, including post-secondary education; vocational
training; integrated employment, including supported employment;
continuing and adult education; adult services; independent
living; and community participation;
(2) Is based upon the individual student's needs,
including taking into account the student's preferences and
interests;
(3) Includes instruction, 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.
(M) "Visual disability" 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 (M)(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.
(N) "Student with a visual disability" means any person under twenty-two
years of age who has a visual disability.
(O) "Instruction in braille reading and writing" means the teaching of the
system of reading and writing through touch commonly known as standard English
braille.
Sec. 3323.052. Not later than sixty days after the effective date of this section, 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 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.
Sec. 3323.11. Teachers in education programs under this chapter shall possess
the usual qualifications required of special education teachers intervention specialists in the public
schools.
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. 3327.17. 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 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 its 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 section, or for other good and sufficient cause.
For purposes of determining the amounts of any state
instructional
subsidies paid to these colleges, universities, and
institutions,
the board may exclude students enrolled in any
program that the
board has recommended for elimination pursuant
to this division
except that the board shall not exclude any such
student who
enrolled in the program prior to the date on which
the board
initially commences to exclude students under this
division. The
board of regents and these colleges, universities,
and
institutions 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 its 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 board 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
board 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 board 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
its duties and making its 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 its
duties and responsibilities;
(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 supervision of the
board 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 board of regents
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 board 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 board shall designate
a
college
or university to serve as that consortium's fiscal
agent,
financial officer, and employer. Any funds appropriated to
the
board for 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.
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 from the Ohio board of regents
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 from the board of regents 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 from the board of regents 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 need based 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 board.
(B) The Ohio board of regents 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 board 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 board, 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 board. 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 from the Ohio board of regents 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
board
shall adopt rules requiring institutions to provide
information
regarding an appeal to the board.
(b) Any student who has previously received a grant under
this section who meets all other requirements of this section.
(3) The board 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 board 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 board shall immediately
notify the office
of budget and management and
the
legislative service commission
of all
refunds so received.
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 by the Ohio board of regents 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 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. 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. 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 to the eTech Ohio commission only the student's data verification code and not the student's name. The commission shall transmit that student's code 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 the student's name and 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. (A) The eTech Ohio commission shall keep a record of each student enrolled in each course included in the clearinghouse using the student's data verification code.
(B) The commission shall report to the department of education the data verification code for each student enrolled in a course, the name of the school district delivering the course, the name of the student's school district or the name of the student's community school, the fee for the course, and the beginning and ending date of the course.
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 division (B) of 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. 3357.01. As used in sections 3357.01 to 3357.19,
inclusive, of the Revised Code:
(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 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 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. 3357.13. 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 may offer baccalaureate-oriented programs regardless of its co-location with another state institution of higher education.
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 of the Revised Code.
Sec. 3375.05. The board of trustees of any public library
receiving money from a county's library and local government
support libraries fund that desires to render public library service by
means of branches, library stations, or traveling library service
to the inhabitants of any school district, other than a school
district situated within the territorial boundaries of the
subdivision or district over which said board has jurisdiction of
free public library service, may make application to the state
library board, upon forms provided by said board, for the
establishment of such service. Said application shall set forth
the total number of people being served by said library on the
date of said application; an inventory of the books owned by said
library; the number of branches, library stations, and traveling
library service maintained by said library on the date of said
application; the number and classification of the employees of
said library and such other information as the state library
board deems pertinent. Such application shall be accompanied by
a financial statement of the library making the application
covering the two fiscal years next preceding the date of said
application. Upon receipt of said application by the state
library board, the state librarian, or an employee of the state
library board designated by such librarian, shall visit the
library making the application for the purpose of determining
whether or not the establishment of branches, library stations,
or traveling library service as requested in said application
will promote better library service in the district covered by
said application. Upon the completion of such inspection, the
librarian, or the person designated by the librarian to make such
inspection, shall prepare a written report setting forth his the
librarian's or designee's
recommendations pertaining to the establishment of the branches,
stations, or traveling library service as set forth in the
application. Such report shall be submitted to the state library
board within ninety days after the receipt of such application by
the state library board. Within thirty days after such report
has been filed with the state library board, said board shall
either approve or disapprove, in whole or in part, the
establishment of branches, library stations, or traveling library
service as requested in said application. The decision of the
state library board shall be final. Within ten days after final
action has been taken by the state library board, upon such
application, the librarian shall notify in writing the board of
trustees of the public library making such application of the
decision of the state library board.
The state library board may withdraw its approval of
library service rendered by any library to the inhabitants of a
school district other than the school district in which the main
library of such library is located. At least thirty days before
the approval of such service may be withdrawn, the state library
board shall give written notice to the board of trustees of the
library rendering the service and the board of education of the
school district to which such service is being rendered. Such
notice shall set forth the reasons for the withdrawal of the
approval of such service. If the board of trustees of the
library rendering such service, or the board of education of a
school district to which such service is being rendered, objects
to the withdrawal of such approval it may, within twenty days of
the receipt of such notice, request, in writing, the state
library board to hold a hearing for the purpose of hearing
protests to the withdrawal of such approval. Upon the receipt of
such request, the state library board shall set the time and
place of such hearing which shall be held within the territorial
boundaries of the school district being served by the branch,
station, or traveling library service whose continued operation
is in question. Such hearing shall be held not less than thirty
days after the receipt by the state library board of the request
for such hearing. The state library board shall take no action
on the withdrawal of approval of such service until after the
holding of such hearing. The decision of the state library board
shall be final.
Sec. 3375.121. (A) In any municipal corporation, not
located in a county library district, which has a population of
not less than twenty-five thousand, and within which there is not
located a main library of a township, municipal, school district,
association, or county free public library, a library district
may be created by a resolution adopted by the legislative
authority of that municipal corporation. No such resolution
shall be adopted after one year from June 20, 1977. Upon the
adoption of such a resolution, any branches of an existing library
that are located in that municipal corporation shall become the
property of the municipal library district created.
The municipal corporation and the board of trustees of the
public library maintaining any existing branches in that
municipal corporation shall forthwith take appropriate action
transferring all title and interest in all real
and personal property located in that municipal corporation in the name
of the library district maintaining those branches in that
municipal corporation to the municipal corporation adopting the
appropriate resolution. Upon transfer of all title and interest
in that property, the branches shall become a part of, and be operated by,
the board of library trustees appointed by the mayor.
(B) In any municipal corporation that has a population of
less than twenty-five thousand and that has not less than one
hundred thousand dollars available from a bequest for the
establishment of a municipal library, the legislative authority
of that municipal corporation may adopt, within one year after
June 20, 1977, a resolution creating a library district. Upon
the establishment of any such library district, the board of trustees of
any library operating a branch library in that municipal
corporation shall not be required to transfer any property to the
newly established library.
(C) The board of library trustees of any library district created
under this section shall be composed of six members. Those
trustees shall be appointed by the mayor, to serve without
compensation, for a term of four years. In the first instance,
three of those trustees shall be appointed for a term of two
years, and three of them shall be appointed for a term of four years. Vacancies shall be
filled by like appointment for the unexpired term. A library
district created under this section shall be governed in
accordance with and exercise the authority provided for in
sections 3375.32 to 3375.41 of the Revised Code.
Notwithstanding any contrary provision of section 3.24 of the Revised Code, the president of a board of township trustees may administer the oath of office to a person or persons representing the township on the board of library trustees of any library district created under this section, even if the geographical limits of the library district do not fall within the geographical limits of the township.
(D) Any library district created under this section is
eligible to participate in the proceeds of the county library and
local government support libraries fund in accordance with section 5705.28
of the Revised Code.
(E) A municipal corporation may establish and operate a free
public library regardless of whether the municipal corporation is located in a
county library district or school library district, if all of the following
conditions are met:
(1) The facility in which the library is principally located is
transferred to the municipal corporation from the county library district or
school library district in which it is located prior to January 1,
1996.
(2) The population of the municipal corporation is less than five hundred
when the library is transferred from the county library district or school
library district to the municipal corporation.
(3) The municipal corporation does not establish a municipal library
district under this section.
(4) The library does not receive any proceeds from the county library and local
government support libraries fund under section 5747.48 of the Revised Code.
Sec. 3375.40. Each board of library trustees appointed
pursuant to
section 3375.06, 3375.10, 3375.12, 3375.15, 3375.22,
or 3375.30 of the Revised Code may
do the following:
(A) Hold title to and have the custody of all real and
personal property of the free public library under its
jurisdiction;
(B) Expend for library purposes, and in the exercise of
the power enumerated in this section, all moneys, whether derived
from the county library and local government support libraries fund or
otherwise, credited to the free public library under its
jurisdiction and generally do all things it considers necessary
for the establishment, maintenance, and improvement of the
free public
library under its jurisdiction;
(C) Purchase, lease, construct, remodel, renovate, or
otherwise improve, equip, and furnish buildings or parts of
buildings and other real property, and purchase, lease, or otherwise acquire
motor vehicles and other
personal property, necessary for the proper
maintenance and operation of the free public
library under its
jurisdiction, and pay
their costs
in installments or otherwise.
Financing of these costs may be provided through the issuance of notes,
through an installment sale, or through a lease-purchase agreement. Any such
notes shall be issued pursuant to section 3375.404 of the Revised Code.
(D) Purchase, lease, lease with an option to purchase, or
erect buildings or parts of buildings to be used as main
libraries, branch libraries, or library stations pursuant to
section 3375.41 of the Revised Code;
(E) Establish and maintain a main library, branches,
library stations, and traveling library service within the
territorial boundaries of the political subdivision or district over which
it has jurisdiction of free public library service;
(F)
Except as otherwise provided in this division, establish and maintain branches, library stations, and
traveling library service in any school district, outside the
territorial boundaries of the political subdivision or district over which
it has jurisdiction of free public library service, upon
application to and approval of the state library board, pursuant
to section 3375.05 of the Revised Code. The board of
library
trustees of any free public library maintaining branches,
stations, or traveling library service, outside the territorial
boundaries of the political subdivision or district over which it has
jurisdiction of free public library service, on September 4, 1947, may
continue to maintain and operate
those branches,
those stations, and
that
traveling library service without the approval of the state
library board.
(G) Appoint and fix the compensation of all of the
employees of the free public library under its jurisdiction, pay
the reasonable cost of tuition for any of its employees who
enroll in a course of study the board considers essential to the
duties of the employee or to the improvement of the employee's
performance, and reimburse applicants for employment for any
reasonable expenses they incur by appearing for a personal
interview;
(H) Make and publish rules for the proper operation and
management of the free public library and facilities under its jurisdiction,
including rules pertaining to the provision of library services
to individuals, corporations, or institutions that are not
inhabitants of the county;
(I) Assess uniform fees for the provision of services to patrons of the library, but no fee shall be assessed for the circulation of printed materials held by the library except for the assessment of fines for materials not returned in accordance with the board's rules;
(J) Establish and maintain a museum in connection with and
as an adjunct to the free public library under its jurisdiction;
(K) By the adoption of a resolution, accept any bequest,
gift, or endowment upon the conditions connected with
the
bequest, gift, or endowment. No such bequest, gift, or
endowment shall be accepted by
the board if
its conditions
remove any portion of the free public library under
the board's
jurisdiction from the control of
the board or if
the
conditions, in any manner, limit the free use of
the library or
any part
of it by the residents of the counties in which
the
library is located.
(L) At the end of any fiscal year, by a two-thirds vote of
its full membership, set aside any unencumbered surplus remaining
in the general fund of the
free public library under its jurisdiction for any
purpose, including creating or increasing a special building and
repair fund, or for operating the library or acquiring equipment
and supplies;
(M) Procure and pay all or part of the cost of group term life,
hospitalization, surgical, major medical, disability benefit,
dental care, eye care, hearing aids, or prescription drug
insurance
or coverage, or a combination of any of
those types of
insurance or coverage, whether issued by an insurance company or
a health insuring corporation
duly licensed by the state, covering its employees, and, in the case of
group term life,
hospitalization, surgical, major medical, dental care, eye care, hearing aids,
or prescription drug insurance
or coverage, also covering the dependents and
spouses of
its employees, and, in the case of disability
benefits, also covering
the spouses of
its employees.
(N) Pay reasonable dues and expenses for the free public library and library
trustees in library associations.
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. 3375.85. An interstate library district lying partly
within this state may claim and be entitled to receive state aid,
other than aid from the library and local government support libraries
fund, in support of any of its functions to the same extent and
in the same manner as such functions are eligible for suport
support when carried on by entities wholly within this state.
For the purposes of computing and apportioning such state aid to
an interstate library district, this state will consider that
portion of the area which lies within this state as an
independent entity for the performance of the aided function or
functions and compute and apportion the aid accordingly. Any
library association that was organized and operated prior to
January 1, 1968, and which pursuant to the authority granted in
section 3375.83 of the Revised Code, has become part of an
interstate library district shall be considered a library
association under section 5705.28 of the Revised Code and
entitled to participate in the county library and local
government support libraries fund and other public funds. Subject to any
applicable laws of this state, such a district also may apply for
and be entitled to receive any federal aid for which it may be
eligible.
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. 3501.17. (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 of elections, 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 shall reimburse the
counties for all expenses they incur for such advertising.
(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) 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. 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 public or private entity 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. 3701.83. (A) There is hereby created in the state treasury the
general operations fund. Moneys in the fund shall be used for the
purposes specified in sections 3701.04, 3701.344, 3702.20, 3710.15,
3711.021, 3717.45, 3718.06, 3721.02, 3722.04, 3729.07, 3733.04, 3733.25, 3733.43, 3748.04,
3748.05, 3748.07, 3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and
4769.09 of the Revised Code.
(B) The alcohol testing program fund is hereby
created in the state treasury. The director of health shall use the fund to
administer and enforce the alcohol testing and permit program
authorized by section 3701.143 of the Revised Code.
The fund shall receive
transfers from the liquor control fund created under section 4301.12
of the Revised Code. All investment earnings of the alcohol
testing program fund shall be credited to the fund.
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) The director of environmental protection shall continue to implement an enhanced motor vehicle inspection and maintenance program for a period of two years beginning on January 1, 2006 2008, and ending on December 31, 2007 2009, in counties in which a motor vehicle inspection and maintenance program is federally mandated. The program shall be substantially similar to the enhanced program implemented in those counties under a contract that is scheduled to expire on December 31, 2005 2007. The program, at a minimum, shall do all of the following:
(1) Comply with the federal Clean Air Act;
(2) Provide for the extension of a contract for a period of two years, beginning on January 1, 2006 2008, and ending on December 31, 2007 2009, with the contractor who conducted the enhanced motor vehicle inspection and maintenance program in those federally mandated counties where the program was in operation on January 3, 2006, pursuant to a contract entered into under former section 3704.14 of the Revised Code as that section existed prior to its repeal and reenactment by Am. Sub. H.B. 66 of the 126th General Assembly with the state;
(3) Provide for the issuance of inspection certificates;
(4) Provide for a new car exemption for motor vehicles four years old or newer and provide that a new motor vehicle is exempt for four years regardless of whether legal title to the motor vehicle is transferred during that period.
(B) The director shall not implement a motor vehicle inspection and maintenance program in any county other than a county in which a motor vehicle inspection and maintenance program is federally mandated.
(C) The director shall adopt rules in accordance with Chapter 119. of the Revised Code that the director determines are necessary to implement this section. The director may continue to implement and enforce rules pertaining to the enhanced motor vehicle inspection and maintenance program previously implemented under former section 3704.14 of the Revised Code as that section existed prior to its repeal and reenactment by Am. Sub. H.B. 66 of the 126th general assembly, provided that the rules do not conflict with this section.
(D)(C) There is hereby created in the state treasury the motor vehicle inspection and maintenance fund, which shall consist of money received by the director from any fees for inspections that are established in rules adopted under this section. The director shall use money in the fund solely for the implementation, supervision, administration, operation, and enforcement of the enhanced motor vehicle inspection and maintenance program established under this section.
(E)(D) The enhanced motor vehicle inspection and maintenance program established under this section expires on December 31, 2007 2009, and shall not be continued beyond that date unless otherwise federally mandated.
(E) Notwithstanding divisions (A) to (D) of this section, the director shall not implement an enhanced motor vehicle inspection and maintenance program and no such program shall be operated in an area of the state where such a program was not in operation on January 3, 2006, pursuant to a contract entered into by this state unless both of following apply:
(1) The program is required in the approved state implementation plan; and
(2) After January 3, 2006, the United States environmental protection agency has expressly notified the director in writing that the failure to operate the program in a specific area will result in the imposition of sanctions under the federal Clean Air Act.
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. 3709.09. (A) The board of health of a city or
general health district may, by rule, establish a uniform system
of fees to pay the costs of any services provided by the board.
The fee for issuance of a certified copy of a vital record or a certification of birth shall not be less than the fee prescribed for the same service under division (A)(1) of section 3705.24 of the Revised Code and shall include the fees required by division (B) of section 3705.24 and section 3109.14 of the Revised Code.
Fees for services provided by the board for purposes specified in
sections 3701.344, 3711.05, 3718.06, 3729.07, 3730.03, 3733.04,
3733.25, and
3749.04 of the Revised Code shall be established in accordance
with rules adopted under division (B) of this section. The
district advisory council, in the case of a general health
district, and the legislative authority of the city, in the case
of a city health district, may disapprove any fee established by
the board of health under this division, and any such fee, as
disapproved, shall not be charged by the board of health.
(B) The public health
council shall adopt rules under section 111.15 of the Revised
Code that establish fee categories and uniform methodologies for
use in calculating the costs of services provided for purposes
specified in sections 3701.344, 3711.05, 3718.06, 3729.07, 3730.03,
3733.04, 3733.25, and 3749.04 of the Revised Code. In adopting the rules,
the public health council shall consider recommendations it
receives from advisory boards established either by statute or
the director of health for entities subject to the fees.
(C) At least thirty days prior to establishing a fee for a
service provided by the board for a purpose specified in section
3701.344, 3711.05, 3718.06, 3729.07, 3730.03, 3733.04, 3733.25, or 3749.04 of the
Revised Code, a board of health shall notify any entity that would be
affected by the proposed fee of the amount of the proposed fee.
Sec. 3709.091. (A) As used in this section:
(1) "Household sewage
treatment disposal system" means any
sewage
disposal or treatment system, or part
of such a
system, for a single-family,
two-family,
or three-family dwelling
that receives
sewage.
(2) "Sewage" means any liquid waste containing animal or
vegetable matter in suspension or solution that originates from humans and human activities. "Sewage" includes liquids containing household chemicals in solution commonly discharged from a residence or from commercial, institutional, or other similar facilities.
(3) "Small flow on-site sewage treatment system" means a system, other than a household sewage treatment system, that treats not more than one thousand gallons of sewage per day and that does not require a national pollutant discharge elimination system permit issued under section 6111.03 of the Revised Code or an injection well drilling or operating permit issued under section 6111.043 of the Revised Code water closets, urinals, lavatories, bathtubs, laundry tubs or devices, floor drains, drinking fountains, or other sanitary fixtures and may include liquid containing chemicals in solution.
(B) If any owner,
leaseholder, or assignee of real property
fails to pay a fee
as required by rule of a board of health of a
city or general health
district pursuant to section 3709.09 of the
Revised Code for an operation permit
for, or for inspection of, a
household sewage
treatment disposal system or a small flow on-site sewage treatment system
located on the real
property, the health commissioner of the
city or general health
district or the commissioner's designated
representative
shall
notify the owner, leaseholder, or assignee of the real
property of
the amount of the fee and any accrued penalties for
late payment
of the fee. The notice shall state, in boldface
letters: "You
have 30 days to object to the
amount of the unpaid
operation
permit or inspection fee for your
household sewage
treatment disposal system or small flow on-site sewage treatment system, as applicable, as designated in this notice,
which
may include
accrued penalties for late payment of the fee.
If you
do not pay
this amount as instructed herein within 30
days of
receipt of this
notice or object to this amount during
that time
period in
accordance with the procedures set forth
herein, the
amount will
be placed as a lien on your real
property." The
notice also shall
explain how
the owner, leaseholder, or assignee
may pay the
amount, or
object to the amount in accordance with the
procedures
established by divisions (C)
and (D) of this section.
Notice to the owner, leaseholder, or assignee shall be
made
by either of the following:
(1) Certified mail, overnight delivery service, hand
delivery, or any other method that includes written evidence of
receipt;
(2) The sheriff of the county in which the owner,
leaseholder, or assignee to be served resides, in one or more of
the methods provided in the
Ohio
Rules of
Civil
Procedure. The
sheriff may
charge reasonable fees for
that service.
(C) Not later than
thirty days after receipt under division
(B) of this section of
notification of the amount of an unpaid
operation permit or
inspection fee and any accrued late payment
penalties,
the owner, leaseholder, or assignee may object to the
amount by
delivering a written notice of objection to the health
commissioner by any of the means provided for in division
(B)(1)
of this section. Not
later than sixty days after receipt of the
notice of objection,
the county prosecutor, on behalf of the city
or general health
district, may file a civil action in the court
of common pleas
against the owner, leaseholder, or assignee. If
the county
prosecutor fails to commence suit within the sixty-day
period,
or if the action is commenced, but dismissed with
prejudice
before adjudication, the unpaid fee and any
accrued late
payment penalties are void and cannot be
placed on the general tax
list and duplicate as a lien against
the real property.
(D) If, in accordance
with division (C) of this
section, the
owner, leaseholder, or assignee objects to the
amount of the
unpaid
operation permit or inspection fee and any
accrued late
payment penalties and the county
prosecutor commences suit and
prevails in the action, the owner,
leaseholder, or assignee
objecting shall pay the amount of the
fee, any accrued late
payment penalties, and the costs
of the action, as determined by
the court.
(E) If the owner,
leaseholder, or assignee on which the
notice required by
division (B) of this section
was served does
not pay to the city or general health district
the amount of an
unpaid
operation permit or inspection fee and
any accrued late
payment penalties within thirty days
after receipt of the notice,
or does not object to the amount in
the manner provided in
division
(C) of this section, the health
commissioner of the city
or general health district or the
commissioner's designated
representative
may certify,
on or before the first Monday of
September,
the amount of the unpaid fee and
any accrued late
payment penalties
to the county auditor to
be placed on the
general tax list and duplicate as provided in
section 319.281 of
the Revised Code.
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 or both 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 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 until the nursing facility or hospital pays the installment and penalty;
(2) 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. 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 communities 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. 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. 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;
(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, or other 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.
(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. 4123.35. (A) Except as provided in this section,
every employer mentioned in division (B)(2) of section 4123.01 of
the Revised Code, and every publicly owned utility shall pay
semiannually in the months of January and July into the state
insurance fund the amount of annual premium the administrator of
workers' compensation fixes for the employment or occupation of
the employer, the amount of which premium to be paid by each
employer to be determined by the classifications, rules, and rates
made and published by the administrator. The employer shall pay
semiannually a further sum of money into the state insurance fund
as may be ascertained to be due from the employer by applying the
rules of the administrator, and a receipt or certificate
certifying that payment has been made, along with a written notice as is required in section 4123.54 of the Revised Code, shall be mailed immediately
to the employer by the bureau of workers' compensation. The
receipt or certificate is prima-facie evidence of the payment of
the premium, and the proper posting of the notice constitutes the employer's compliance with the notice requirement mandated in section 4123.54 of the Revised Code.
The bureau of workers' compensation shall verify with the
secretary of state the existence of all corporations and
organizations making application for workers' compensation
coverage and shall require every such application to include the
employer's federal identification number.
An employer as defined in division (B)(2) of section 4123.01
of the Revised Code who has contracted with a subcontractor is
liable for the unpaid premium due from any subcontractor with
respect to that part of the payroll of the subcontractor that is
for work performed pursuant to the contract with the employer.
Division (A) of this section providing for the payment of
premiums semiannually does not apply to any employer who was a
subscriber to the state insurance fund prior to January 1, 1914,
or who may first become a subscriber to the fund in any month
other than January or July. Instead, the semiannual premiums
shall be paid by those employers from time to time upon the
expiration of the respective periods for which payments into the
fund have been made by them.
The administrator shall adopt rules to permit employers to
make periodic payments of the semiannual premium due under this
division. The rules shall include provisions for the assessment
of interest charges, where appropriate, and for the assessment of
penalties when an employer fails to make timely premium payments.
An employer who timely pays the amounts due under this division is
entitled to all of the benefits and protections of this chapter.
Upon receipt of payment, the bureau immediately shall mail a
receipt or certificate to the employer certifying that payment has
been made, which receipt is prima-facie evidence of payment.
Workers' compensation coverage under this chapter continues
uninterrupted upon timely receipt of payment under this division.
Every public employer, except public employers that are
self-insuring employers under this section, shall comply with
sections 4123.38 to 4123.41, and 4123.48 of the Revised Code in
regard to the contribution of moneys to the public insurance fund.
(B) Employers who will abide by the rules of the
administrator and who may be of sufficient financial ability to
render certain the payment of compensation to injured employees or
the dependents of killed employees, and the furnishing of medical,
surgical, nursing, and hospital attention and services and
medicines, and funeral expenses, equal to or greater than is
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64
to 4123.67 of the Revised Code, and who do not desire to insure
the payment thereof or indemnify themselves against loss sustained
by the direct payment thereof, upon a finding of such facts by the
administrator, may be granted the privilege to pay individually
compensation, and furnish medical, surgical, nursing, and hospital
services and attention and funeral expenses directly to injured
employees or the dependents of killed employees, thereby being
granted status as a self-insuring employer. The administrator may
charge employers who apply for the status as a self-insuring
employer a reasonable application fee to cover the bureau's costs
in connection with processing and making a determination with
respect to an application.
All employers granted
status
as self-insuring employers
shall demonstrate
sufficient financial and administrative ability
to assure that all
obligations under this section are promptly
met. The
administrator shall deny the privilege where the
employer is
unable to demonstrate the employer's ability to
promptly meet all
the obligations imposed on the employer by this
section.
(1) The administrator shall consider, but is not limited to,
the following factors, where applicable, in determining the
employer's ability to meet all of the obligations imposed on the
employer by this section:
(a) The employer employs a minimum of five hundred employees
in this state;
(b) The employer has operated in this state for a minimum of
two years, provided that an employer who has purchased, acquired,
or otherwise succeeded to the operation of a business, or any part
thereof, situated in this state that has operated for at least two
years in this state, also shall qualify;
(c) Where the employer previously contributed to the state
insurance fund or is a successor employer as defined by bureau
rules, the amount of the buyout, as defined by bureau rules;
(d) The sufficiency of the employer's assets located in this
state to insure the employer's solvency in paying compensation
directly;
(e) The financial records, documents, and data, certified by
a certified public accountant, necessary to provide the employer's
full financial disclosure. The records, documents, and data
include, but are not limited to, balance sheets and profit and
loss history for the current year and previous four years.
(f) The employer's organizational plan for the
administration of the workers' compensation law;
(g) The employer's proposed plan to inform employees of the
change from a state fund insurer to a self-insuring employer, the
procedures the employer will follow as a self-insuring employer,
and the employees' rights to compensation and benefits; and
(h) The employer has either an account in a financial
institution in this state, or if the employer maintains an account
with a financial institution outside this state, ensures that
workers' compensation checks are drawn from the same account as
payroll checks or the employer clearly indicates that payment will
be honored by a financial institution in this state.
The administrator may waive the requirements of divisions
(B)(1)(a) and (b) of this section and the requirement of division
(B)(1)(e) of this section that the financial records, documents,
and data be certified by a certified public accountant. The
administrator shall adopt rules establishing the criteria that an
employer shall meet in order for the administrator to waive the
requirement of division (B)(1)(e) of this section. Such rules may
require additional security of that employer pursuant to division
(E) of section 4123.351 of the Revised Code.
The administrator shall not grant the status of self-insuring
employer to the state, except that the administrator may grant the
status of self-insuring employer to a state institution of higher
education, excluding its hospitals, that meets the requirements of
division (B)(2) of this section.
(2) When considering the application of a public employer,
except for a board of county commissioners described in division
(G) of section 4123.01 of the Revised Code, a board of a county
hospital, or a publicly owned utility, the administrator shall
verify that the public employer satisfies all of the following
requirements as the requirements apply to that public employer:
(a) For the two-year period preceding application under this
section, the public employer has maintained an unvoted debt
capacity equal to at least two times the amount of the current
annual premium established by the administrator under this chapter
for that public employer for the year immediately preceding the
year in which the public employer makes application under this
section.
(b) For each of the two fiscal years preceding application
under this section, the unreserved and undesignated year-end fund
balance in the public employer's general fund is equal to at least
five per cent of the public employer's general fund revenues for
the fiscal year computed in accordance with generally accepted
accounting principles.
(c) For the five-year period preceding application under
this section, the public employer, to the extent applicable, has
complied fully with the continuing disclosure requirements
established in rules adopted by the United States securities and
exchange commission under 17 C.F.R. 240.15c 2-12.
(d) For the five-year period preceding application under
this section, the public employer has not had its local government or local communities
fund distribution withheld on account of the public employer being
indebted or otherwise obligated to the state.
(e) For the five-year period preceding application under
this section, the public employer has not been under a fiscal
watch or fiscal emergency pursuant to section 118.023, 118.04, or
3316.03 of the Revised Code.
(f) For the public employer's fiscal year preceding
application under this section, the public employer has obtained
an annual financial audit as required under section 117.10 of the
Revised Code, which has been released by the auditor of state
within seven months after the end of the public employer's fiscal
year.
(g) On the date of application, the public employer holds a
debt rating of Aa3 or higher according to Moody's investors
service, inc., or a comparable rating by an independent rating
agency similar to Moody's investors service, inc.
(h) The public employer agrees to generate an annual
accumulating book reserve in its financial statements reflecting
an actuarially generated reserve adequate to pay projected claims
under this chapter for the applicable period of time, as
determined by the administrator.
(i) For a public employer that is a hospital, the public
employer shall submit audited financial statements showing the
hospital's overall liquidity characteristics, and the
administrator shall determine, on an individual basis, whether the
public employer satisfies liquidity standards equivalent to the
liquidity standards of other public employers.
(j) Any additional criteria that the administrator adopts by
rule pursuant to division (E) of this section.
The administrator shall not approve the application of a
public employer, except for a board of county commissioners
described in division (G) of section 4123.01 of the Revised Code,
a board of a county hospital, or publicly owned utility, who does
not satisfy all of the requirements listed in division (B)(2) of
this section.
(C) A board of county commissioners described in division
(G) of section 4123.01 of the Revised Code, as an employer, that
will abide by the rules of the administrator and that may be of
sufficient financial ability to render certain the payment of
compensation to injured employees or the dependents of killed
employees, and the furnishing of medical, surgical, nursing, and
hospital attention and services and medicines, and funeral
expenses, equal to or greater than is provided for in sections
4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised
Code, and that does not desire to insure the payment thereof or
indemnify itself against loss sustained by the direct payment
thereof, upon a finding of such facts by the administrator, may be
granted the privilege to pay individually compensation, and
furnish medical, surgical, nursing, and hospital services and
attention and funeral expenses directly to injured employees or
the dependents of killed employees, thereby being granted status
as a self-insuring employer. The administrator may charge a board
of county commissioners described in division (G) of section
4123.01 of the Revised Code that applies for the status as a
self-insuring employer a reasonable application fee to cover the
bureau's costs in connection with processing and making a
determination with respect to an application. All employers
granted such status shall demonstrate sufficient financial and
administrative ability to assure that all obligations under this
section are promptly met. The administrator shall deny the
privilege where the employer is unable to demonstrate the
employer's ability to promptly meet all the obligations imposed on
the employer by this section. The administrator shall consider,
but is not limited to, the following factors, where applicable, in
determining the employer's ability to meet all of the obligations
imposed on the board as an employer by this section:
(1) The board as an employer employs a minimum of five
hundred employees in this state;
(2) The board has operated in this state for a minimum of
two years;
(3) Where the board previously contributed to the state
insurance fund or is a successor employer as defined by bureau
rules, the amount of the buyout, as defined by bureau rules;
(4) The sufficiency of the board's assets located in this
state to insure the board's solvency in paying compensation
directly;
(5) The financial records, documents, and data, certified by
a certified public accountant, necessary to provide the board's
full financial disclosure. The records, documents, and data
include, but are not limited to, balance sheets and profit and
loss history for the current year and previous four years.
(6) The board's organizational plan for the administration
of the workers' compensation law;
(7) The board's proposed plan to inform employees of the
proposed self-insurance, the procedures the board will follow as a
self-insuring employer, and the employees' rights to compensation
and benefits;
(8) The board has either an account in a financial
institution in this state, or if the board maintains an account
with a financial institution outside this state, ensures that
workers' compensation checks are drawn from the same account as
payroll checks or the board clearly indicates that payment will be
honored by a financial institution in this state;
(9) The board shall provide the administrator a surety bond
in an amount equal to one hundred twenty-five per cent of the
projected losses as determined by the administrator.
(D) The administrator shall require a surety bond from all
self-insuring employers, issued pursuant to section 4123.351 of
the Revised Code, that is sufficient to compel, or secure to
injured employees, or to the dependents of employees killed, the
payment of compensation and expenses, which shall in no event be
less than that paid or furnished out of the state insurance fund
in similar cases to injured employees or to dependents of killed
employees whose employers contribute to the fund, except when an
employee of the employer, who has suffered the loss of a hand,
arm, foot, leg, or eye prior to the injury for which compensation
is to be paid, and thereafter suffers the loss of any other of the
members as the result of any injury sustained in the course of and
arising out of the employee's employment, the compensation to be
paid by the self-insuring employer is limited to the disability suffered in the subsequent injury, additional compensation, if
any, to be paid by the bureau out of the surplus created by
section 4123.34 of the Revised Code.
(E) In addition to the requirements of this section, the
administrator shall make and publish rules governing the manner of
making application and the nature and extent of the proof required
to justify a finding of fact by the administrator as to granting
the status of a self-insuring employer, which rules shall be
general in their application, one of which rules shall provide
that all self-insuring employers shall pay into the state
insurance fund such amounts as are required to be credited to the
surplus fund in division (B) of section 4123.34 of the Revised
Code. The administrator may adopt rules establishing requirements
in addition to the requirements described in division (B)(2) of
this section that a public employer shall meet in order to qualify
for self-insuring status.
Employers shall secure directly from the bureau central
offices application forms upon which the bureau shall stamp a
designating number. Prior to submission of an application, an
employer shall make available to the bureau, and the bureau shall
review, the information described in division (B)(1) of this
section, and public employers shall make available, and the bureau
shall review, the information necessary to verify whether the
public employer meets the requirements listed in division (B)(2)
of this section. An employer shall file the completed application
forms with an application fee, which shall cover the costs of
processing the application, as established by the administrator,
by rule, with the bureau at least ninety days prior to the
effective date of the employer's new status as a self-insuring
employer. The application form is not deemed complete until all
the required information is attached thereto. The bureau shall
only accept applications that contain the required information.
(F) The bureau shall review completed applications within a
reasonable time. If the bureau determines to grant an employer
the status as a self-insuring employer, the bureau shall issue a
statement, containing its findings of fact, that is prepared by
the bureau and signed by the administrator. If the bureau
determines not to grant the status as a self-insuring employer,
the bureau shall notify the employer of the determination and
require the employer to continue to pay its full premium into the
state insurance fund. The administrator also shall adopt rules
establishing a minimum level of performance as a criterion for
granting and maintaining the status as a self-insuring employer
and fixing time limits beyond which failure of the self-insuring
employer to provide for the necessary medical examinations and
evaluations may not delay a decision on a claim.
(G) The administrator shall adopt rules setting forth
procedures for auditing the program of self-insuring employers.
The bureau shall conduct the audit upon a random basis or whenever
the bureau has grounds for believing that a self-insuring employer
is not in full compliance with bureau rules or this chapter.
The administrator shall monitor the programs conducted by
self-insuring employers, to ensure compliance with bureau
requirements and for that purpose, shall develop and issue to
self-insuring employers standardized forms for use by the
self-insuring employer in all aspects of the self-insuring
employers' direct compensation program and for reporting of
information to the bureau.
The bureau shall receive and transmit to the self-insuring
employer all complaints concerning any self-insuring employer. In
the case of a complaint against a self-insuring employer, the
administrator shall handle the complaint through the
self-insurance division of the bureau. The bureau shall maintain
a file by employer of all complaints received that relate to the
employer. The bureau shall evaluate each complaint and take
appropriate action.
The administrator shall adopt as a rule a prohibition against
any self-insuring employer from harassing, dismissing, or
otherwise disciplining any employee making a complaint, which rule
shall provide for a financial penalty to be levied by the
administrator payable by the offending self-insuring employer.
(H) For the purpose of making determinations as to whether
to grant status as a self-insuring employer, the administrator may
subscribe to and pay for a credit reporting service that offers
financial and other business information about individual
employers. The costs in connection with the bureau's subscription
or individual reports from the service about an applicant may be
included in the application fee charged employers under this
section.
(I) The administrator, notwithstanding other provisions of
this chapter, may permit a self-insuring employer to resume
payment of premiums to the state insurance fund with appropriate
credit modifications to the employer's basic premium rate as such
rate is determined pursuant to section 4123.29 of the Revised
Code.
(J) On the first day of July of each year, the administrator
shall calculate separately each self-insuring employer's
assessments for the safety and hygiene fund, administrative costs
pursuant to section 4123.342 of the Revised Code, and for the
portion of the surplus fund under division (B) of section 4123.34
of the Revised Code that is not used for handicapped
reimbursement, on the basis of the paid compensation attributable
to the individual self-insuring employer according to the
following calculation:
(1) The total assessment against all self-insuring employers
as a class for each fund and for the administrative costs for the
year that the assessment is being made, as determined by the
administrator, divided by the total amount of paid compensation
for the previous calendar year attributable to all amenable
self-insuring employers;
(2) Multiply the quotient in division (J)(1) of this section
by the total amount of paid compensation for the previous calendar
year that is attributable to the individual self-insuring employer
for whom the assessment is being determined. Each self-insuring
employer shall pay the assessment that results from this
calculation, unless the assessment resulting from this calculation
falls below a minimum assessment, which minimum assessment the
administrator shall determine on the first day of July of each
year with the advice and consent of the workers' compensation
oversight commission, in which event, the self-insuring employer
shall pay the minimum assessment.
In determining the total amount due for the total assessment
against all self-insuring employers as a class for each fund and
the administrative assessment, the administrator shall reduce
proportionately the total for each fund and assessment by the
amount of money in the self-insurance assessment fund as of the
date of the computation of the assessment.
The administrator shall calculate the assessment for the
portion of the surplus fund under division (B) of section 4123.34
of the Revised Code that is used for handicapped reimbursement in
the same manner as set forth in divisions (J)(1) and (2) of this
section except that the administrator shall calculate the total
assessment for this portion of the surplus fund only on the basis
of those self-insuring employers that retain participation in the
handicapped reimbursement program and the individual self-insuring
employer's proportion of paid compensation shall be calculated
only for those self-insuring employers who retain participation in
the handicapped reimbursement program. The administrator, as the
administrator determines appropriate, may determine the total
assessment for the handicapped portion of the surplus fund in
accordance with sound actuarial principles.
The administrator shall calculate the assessment for the
portion of the surplus fund under division (B) of section 4123.34
of the Revised Code that under division (D) of section 4121.66 of
the Revised Code is used for rehabilitation costs in the same
manner as set forth in divisions (J)(1) and (2) of this section,
except that the administrator shall calculate the total assessment
for this portion of the surplus fund only on the basis of those
self-insuring employers who have not made the election to make
payments directly under division (D) of section 4121.66 of the
Revised Code and an individual self-insuring employer's proportion
of paid compensation only for those self-insuring employers who
have not made that election.
The administrator shall calculate the assessment for the portion of the surplus fund under division (B) of section 4123.34 of the Revised Code that is used for reimbursement to a self-insuring employer under division (H) of section 4123.512 of the Revised Code in the same manner as set forth in divisions (J)(1) and (2) of this section except that the administrator shall calculate the total assessment for this portion of the surplus fund only on the basis of those self-insuring employers that retain participation in reimbursement to the self-insuring employer under division (H) of section 4123.512 of the Revised Code and the individual self-insuring employer's proportion of paid compensation shall be calculated only for those self-insuring employers who retain participation in reimbursement to the self-insuring employer under division (H) of section 4123.512 of the Revised Code.
An employer who no longer is a self-insuring employer in this
state or who no longer is operating in this state, shall continue
to pay assessments for administrative costs and for the portion of
the surplus fund under division (B) of section 4123.34 of the
Revised Code that is not used for handicapped reimbursement, based
upon paid compensation attributable to claims that occurred while
the employer was a self-insuring employer within this state.
(K) There is hereby created in the state treasury the
self-insurance assessment fund. All investment earnings of the
fund shall be deposited in the fund. The administrator shall use
the money in the self-insurance assessment fund only for
administrative costs as specified in section 4123.341 of the
Revised Code.
(L) Every self-insuring employer shall certify, in affidavit
form subject to the penalty for perjury, to the bureau the amount
of the self-insuring employer's paid compensation for the previous
calendar year. In reporting paid compensation paid for the
previous year, a self-insuring employer shall exclude from the
total amount of paid compensation any reimbursement the
self-insuring employer receives in the previous calendar year from
the surplus fund pursuant to section 4123.512 of the Revised Code
for any paid compensation. The self-insuring employer also shall
exclude from the paid compensation reported any amount recovered
under section 4123.931 of the Revised Code and any amount that is
determined not to have been payable to or on behalf of a claimant
in any final administrative or judicial proceeding. The
self-insuring employer shall exclude such amounts from the paid
compensation reported in the reporting period subsequent to the
date the determination is made. The administrator shall adopt
rules, in accordance with Chapter 119. of the Revised Code,
that provide for all of the following:
(1) Establishing the date by which self-insuring employers must submit
such information and the amount of the assessments provided for in
division (J) of this section for employers who have been granted
self-insuring status within the last calendar year;
(2) If an employer fails to pay the assessment when due, the administrator may add a late fee penalty of not more than five hundred dollars to the assessment plus an additional penalty amount as follows:
(a) For an assessment from sixty-one to ninety days past due, the prime interest rate, multiplied by the assessment due;
(b) For an assessment from ninety-one to one hundred twenty days past due, the prime interest rate plus two per cent, multiplied by the assessment due;
(c) For an assessment from one hundred twenty-one to one hundred fifty days past due, the prime interest rate plus four per cent, multiplied by the assessment due;
(d) For an assessment from one hundred fifty-one to one hundred eighty days past due, the prime interest rate plus six per cent, multiplied by the assessment due;
(e) For an assessment from one hundred eighty-one to two hundred ten days past due, the prime interest rate plus eight per cent, multiplied by the assessment due;
(f) For each additional thirty-day period or portion thereof that an assessment remains past due after it has remained past due for more than two hundred ten days, the prime interest rate plus eight per cent, multiplied by the assessment due.
(3) An employer may appeal a late fee penalty and penalty assessment to the administrator.
For purposes of this division, "prime interest rate" means the average bank prime rate, and the administrator shall determine the prime interest rate in the same manner as a county auditor determines the average bank prime rate under section 929.02 of the Revised Code.
The administrator shall include any assessment and penalties that
remain unpaid for previous assessment periods in the calculation and
collection of any assessments due under this division or division
(J) of this section.
(M) As used in this section, "paid compensation" means all
amounts paid by a self-insuring employer for living maintenance
benefits, all amounts for compensation paid pursuant to sections
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, and
4123.64 of the Revised Code, all amounts paid as wages in lieu of
such compensation, all amounts paid in lieu of such compensation
under a nonoccupational accident and sickness program fully funded
by the self-insuring employer, and all amounts paid by a
self-insuring employer for a violation of a specific safety
standard pursuant to Section 35 of Article II, Ohio Constitution
and section 4121.47 of the Revised Code.
(N) Should any section of this chapter or Chapter 4121. of
the Revised Code providing for self-insuring employers'
assessments based upon compensation paid be declared
unconstitutional by a final decision of any court, then that
section of the Revised Code declared unconstitutional shall revert
back to the section in existence prior to November 3, 1989,
providing for assessments based upon payroll.
(O) The administrator may grant a self-insuring employer the
privilege to self-insure a construction project entered into by
the self-insuring employer that is scheduled for completion within
six years after the date the project begins, and the total cost of
which is estimated to exceed one hundred million dollars
or, for
employers described in division (R) of this section, if the
construction project is estimated to exceed twenty-five million
dollars. The
administrator may waive such cost and time criteria
and grant a
self-insuring employer the privilege to self-insure a
construction
project regardless of the time needed to complete the
construction
project and provided that the cost of the
construction project is
estimated to exceed fifty million dollars.
A self-insuring
employer who desires to self-insure a construction
project shall
submit to the administrator an application listing
the dates the
construction project is scheduled to begin and end,
the estimated
cost of the construction project, the contractors
and
subcontractors whose employees are to be self-insured by the
self-insuring employer, the provisions of a safety program that is
specifically designed for the construction project, and a
statement as to whether a collective bargaining agreement
governing the rights, duties, and obligations of each of the
parties to the agreement with respect to the construction project
exists between the self-insuring employer and a labor
organization.
A self-insuring employer may apply to self-insure the
employees of either of the following:
(1) All contractors and subcontractors who perform labor or
work or provide materials for the construction project;
(2) All contractors and, at the administrator's discretion,
a substantial number of all the subcontractors who perform labor
or work or provide materials for the construction project.
Upon approval of the application, the administrator shall
mail a certificate granting the privilege to self-insure the
construction project to the self-insuring employer. The
certificate shall contain the name of the self-insuring employer
and the name, address, and telephone number of the self-insuring
employer's representatives who are responsible for administering
workers' compensation claims for the construction project. The
self-insuring employer shall post the certificate in a conspicuous
place at the site of the construction project.
The administrator shall maintain a record of the contractors
and subcontractors whose employees are covered under the
certificate issued to the self-insured employer. A self-insuring
employer immediately shall notify the administrator when any
contractor or subcontractor is added or eliminated from inclusion
under the certificate.
Upon approval of the application, the self-insuring employer
is responsible for the administration and payment of all claims
under this chapter and Chapter 4121. of the Revised Code for the
employees of the contractor and subcontractors covered under the
certificate who receive injuries or are killed in the course of
and arising out of employment on the construction project, or who
contract an occupational disease in the course of employment on
the construction project. For purposes of this chapter and
Chapter 4121. of the Revised Code, a claim that is administered
and paid in accordance with this division is considered a claim
against the self-insuring employer listed in the certificate. A
contractor or subcontractor included under the certificate shall
report to the self-insuring employer listed in the certificate,
all claims that arise under this chapter and Chapter 4121. of the
Revised Code in connection with the construction project for which
the certificate is issued.
A self-insuring employer who complies with this division is
entitled to the protections provided under this chapter and
Chapter 4121. of the Revised Code with respect to the employees of
the contractors and subcontractors covered under a certificate
issued under this division for death or injuries that arise out
of, or death, injuries, or occupational diseases that arise in the
course of, those employees' employment on that construction
project, as if the employees were employees of the self-insuring
employer, provided that the self-insuring employer also complies
with this section. No employee of the contractors and
subcontractors covered under a certificate issued under this
division shall be considered the employee of the self-insuring
employer listed in that certificate for any purposes other than
this chapter and Chapter 4121. of the Revised Code. Nothing in
this division gives a self-insuring employer authority to control
the means, manner, or method of employment of the employees of the
contractors and subcontractors covered under a certificate issued
under this division.
The contractors and subcontractors included under a
certificate issued under this division are entitled to the
protections provided under this chapter and Chapter 4121. of the
Revised Code with respect to the contractor's or subcontractor's
employees who are employed on the construction project which is
the subject of the certificate, for death or injuries that arise
out of, or death, injuries, or occupational diseases that arise in
the course of, those employees' employment on that construction
project.
The contractors and subcontractors included under a
certificate issued under this division shall identify in their
payroll records the employees who are considered the employees of
the self-insuring employer listed in that certificate for purposes
of this chapter and Chapter 4121. of the Revised Code, and the
amount that those employees earned for employment on the
construction project that is the subject of that certificate.
Notwithstanding any provision to the contrary under this chapter
and Chapter 4121. of the Revised Code, the administrator shall
exclude the payroll that is reported for employees who are
considered the employees of the self-insuring employer listed in
that certificate, and that the employees earned for employment on
the construction project that is the subject of that certificate,
when determining those contractors' or subcontractors' premiums or
assessments required under this chapter and Chapter 4121. of the
Revised Code. A self-insuring employer issued a certificate under
this division shall include in the amount of paid compensation it
reports pursuant to division (L) of this section, the amount of
paid compensation the self-insuring employer paid pursuant to this
division for the previous calendar year.
Nothing in this division shall be construed as altering the
rights of employees under this chapter and Chapter 4121. of the
Revised Code as those rights existed prior to September 17, 1996.
Nothing in this division shall be construed as altering the rights
devolved under sections 2305.31 and 4123.82 of the Revised Code as
those rights existed prior to September 17, 1996.
As used in this division, "privilege to self-insure a
construction project" means privilege to pay individually
compensation, and to furnish medical, surgical, nursing, and
hospital services and attention and funeral expenses directly to
injured employees or the dependents of killed employees.
(P) A self-insuring employer whose application is granted
under division (O) of this section shall designate a safety
professional to be responsible for the administration and
enforcement of the safety program that is specifically designed
for the construction project that is the subject of the
application.
A self-insuring employer whose application is granted under
division (O) of this section shall employ an ombudsperson for the
construction project that is the subject of the application. The
ombudsperson shall have experience in workers' compensation or the
construction industry, or both. The ombudsperson shall perform
all of the following duties:
(1) Communicate with and provide information to employees
who are injured in the course of, or whose injury arises out of
employment on the construction project, or who contract an
occupational disease in the course of employment on the
construction project;
(2) Investigate the status of a claim upon the request of an
employee to do so;
(3) Provide information to claimants, third party
administrators, employers, and other persons to assist those
persons in protecting their rights under this chapter and Chapter
4121. of the Revised Code.
A self-insuring employer whose application is granted under
division (O) of this section shall post the name of the safety
professional and the ombudsperson and instructions for contacting
the safety professional and the ombudsperson in a conspicuous
place at the site of the construction project.
(Q) The administrator may consider all of the following when
deciding whether to grant a self-insuring employer the privilege
to self-insure a construction project as provided under division
(O) of this section:
(1) Whether the self-insuring employer has an organizational
plan for the administration of the workers' compensation law;
(2) Whether the safety program that is specifically designed
for the construction project provides for the safety of employees
employed on the construction project, is applicable to all
contractors and subcontractors who perform labor or work or
provide materials for the construction project, and has
as a
component, a safety training program that complies with standards
adopted pursuant to the "Occupational Safety and Health Act of
1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for continuing
management and employee involvement;
(3) Whether granting the privilege to self-insure the
construction project will reduce the costs of the construction
project;
(4) Whether the self-insuring employer has employed an
ombudsperson as required under division (P) of this section;
(5) Whether the self-insuring employer has sufficient surety
to secure the payment of claims for which the self-insuring
employer would be responsible pursuant to the granting of the
privilege to self-insure a construction project under division (O)
of this section.
(R)
As used in divisions (O), (P), and (Q), "self-insuring
employer" includes the following employers, whether or not they
have been granted the status of being a self-insuring employer
under division (B) of this section:
(1) A state institution of higher education;
(3) A county school financing district;
(4) An educational service center;
(5) A community school established under Chapter 3314. of
the Revised Code.
(S) As used in this section:
(1) "Unvoted debt capacity" means the amount of money that a
public employer may borrow without voter approval of a tax levy;
(2) "State institution of higher education" means the state
universities listed in section 3345.011 of the Revised Code,
community colleges created pursuant to Chapter 3354. of the
Revised Code, university branches created pursuant to Chapter
3355. of the Revised Code, technical colleges created pursuant to
Chapter 3357. of the Revised Code, and state community colleges
created pursuant to Chapter 3358. of the Revised Code.
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. 4301.43. (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. 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 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 tax year 2006, if the taxpayer received a reduction for tax year 2006, or the product of the following:
(1) Twenty-five thousand dollars of the true value of the property in money;
(2) 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;
(3) The effective tax rate on residential/agricultural real property, where "effective tax rate" is defined as in section 323.08 of the Revised Code, and where "residential/agricultural real property" is defined as in section 5713.041 of the Revised Code;
(4) In the case of a manufactured or mobile home for which the tax is computed under division (C)(2) of section 4503.06 of the Revised Code, the quantity equal to one minus the sum of the percentage reductions in taxes allowed by section 319.302 of the Revised Code and division (B) of section 323.152 of the Revised Code.
(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, if assigned, 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) Not later than December 31, 2007, the registrar shall adopt rules to implement a program permitting payment in person at the office of a deputy registrar of all motor vehicle registration taxes and fees, driver's licenses 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. A deputy registrar may choose, but in no case shall be required, to participate in this program.
(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. 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. 4519.55. Application for a certificate of title for an
off-highway motorcycle or all-purpose vehicle shall be made upon 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.
If an application for a
certificate of title is
filed
electronically by an electronic dealer on behalf of the
purchaser
of an off-highway motorcycle or all-purpose 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 an off-highway motorcycle or all-purpose
vehicle when an electronic dealer files the application for a
certificate of title electronically on behalf of the purchaser.
The application shall be accompanied by the fee prescribed in
section
4519.59
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.
If a certificate of title
previously has been
issued for
an off-highway motorcycle or all-purpose
vehicle, the
application
also shall be accompanied by the certificate of title
duly
assigned, unless otherwise provided in this chapter. If a
certificate of
title previously has not been issued for the
off-highway
motorcycle or
all-purpose vehicle, the application,
unless otherwise provided in this
chapter,
shall be accompanied
by
a manufacturer's or importer's certificate; by a
sworn
statement
of ownership;
or by a certificate
of title, bill of
sale, or other
evidence of ownership required by law of
another
state from which
the off-highway motorcycle or
all-purpose
vehicle was brought into
this state. The registrar, in
accordance with
Chapter 119. of the
Revised Code, shall
prescribe
the types of additional
documentation sufficient to
establish proof of ownership,
including, but not
limited to,
receipts from the purchase of parts
or components, photographs,
and affidavits of other persons.
For purposes of the transfer of a
certificate of
title, if
the clerk is satisfied that a 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.
In the case of the sale of an off-highway motorcycle or
all-purpose vehicle by a dealer to a general purchaser or user,
the
certificate
of title shall be obtained in the name of the
purchaser by the dealer upon
application signed by the purchaser.
In all other cases, the
certificate shall
be obtained by the
purchaser. In all cases of transfer of an
off-highway motorcycle
or all-purpose vehicle, the application for
certificate
of title
shall be filed within thirty days after the later of the date of
purchase
or assignment of ownership of the off-highway motorcycle
or
all-purpose vehicle. If the application for certificate of
title is not filed
within thirty days after the later of the date
of purchase or assignment of
ownership of the off-highway
motorcycle or all-purpose vehicle,
the clerk shall charge a late
filing fee of five dollars in addition to the
fee
prescribed by
section 4519.59 of the Revised
Code. The clerk shall retain the
entire
amount of each late filing fee.
Except in the case of an off-highway motorcycle or
all-purpose
vehicle purchased prior to
July
1, 1999, the clerk
shall
refuse to accept an
application for certificate of title
unless the applicant
either
tenders with the application payment
of all taxes levied by or
pursuant
to Chapter 5739. or 5741. of
the Revised Code
based on
the purchaser's
county of residence,
or submits either of the
following:
(A) A receipt issued by the tax
commissioner or a clerk of
courts showing payment of the tax;
(B) An exemption certificate, in any form prescribed by the
tax
commissioner, that specifies why the purchase is not subject
to the tax
imposed by Chapter 5739. or 5741. of the Revised Code.
Payment of the tax shall be made in accordance with division
(E)
of section 4505.06 of the Revised Code and any rules issued
by
the tax
commissioner. When a dealer submits payment of the
tax to
the clerk,
the dealer shall retain any discount to which
the
dealer is
entitled under section 5739.12 of the
Revised
Code. The
clerk shall issue a receipt in the form prescribed by
the
tax
commissioner to any applicant who tenders payment of the
tax with
the
application for a certificate of title. If the
application
for a certificate
of
title is for an off-highway
motorcycle or
all-purpose vehicle
purchased prior to
July
1,
1999, the clerk shall
accept
the application
without payment of
the taxes levied by or
pursuant to
Chapter
5739. or 5741. of the
Revised Code
or
presentation of either of
the items listed in
division
(A) or
(B) of
this section.
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-hundredth per
cent of the taxes
collected,
which shall be
paid 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.
In the case of casual sales of
off-highway motorcycles or
all-purpose vehicles that are subject
to the tax imposed by
Chapter 5739. or 5741. of the
Revised Code,
the purchase price
for
the purpose of determining the tax shall be the
purchase
price on
an affidavit executed and filed with the clerk by the
seller on a
form
to be prescribed by the registrar, which shall
be
prima-facie
evidence of the price for the determination of
the tax.
In addition to the
information required by section 4519.57
of
the
Revised Code,
each certificate of title shall contain in
bold
lettering the following
notification and statements:
"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."
The clerk shall forward all payments of taxes, less
poundage
fees, to the
treasurer of state in a manner to be prescribed by
the tax commissioner and
shall furnish
information to the
commissioner as the
commissioner may require.
Every clerk shall have the capability to transact by
electronic means all
procedures and transactions relating to the
issuance of certificates of title
for off-highway motorcycles and
all-purpose vehicles that are described in the
Revised Code as
being accomplished by electronic means.
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. 4723.621. 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. 4731.142. (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. 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. 5101.162. 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. 5101.51. In accordance with federal law governing the
children's health insurance program, the director of job and
family services may
submit a state child health plan to the United States
secretary of health and human services to provide, except as provided in
section
5101.516 of the Revised Code, health assistance to
uninsured individuals under nineteen years of age with family incomes above
one hundred fifty per cent of the federal poverty
guidelines but not exceeding two three hundred per cent of the federal
poverty guidelines. If the director submits the plan, the
director shall include both all of the following in the plan and any subsequent amendments to the plan:
(A) The For individuals with family incomes above one hundred fifty per cent but not exceeding two hundred per cent of the federal poverty guidelines, the health assistance will not begin before January
1, 2000.
(B) For individuals with family incomes above two hundred per cent but not exceeding three hundred per cent of the federal poverty guidelines, the health assistance will not begin before January 1, 2008.
(C) The health assistance will be available only while federal
financial participation is available for it.
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 and part II established under sections 5101.50 to 5101.5110 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 division (B) 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 six 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 six 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.
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. 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 shall, in accordance with Chapter 119. of the Revised Code, deny, revoke, or terminate, as determined to be appropriate by the governmental entity, the license, certificate, registration, or approval of the third party. In addition, 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.
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. 5104.30. (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 care quality-rating program in which participation in the program may allow a child day-care center or type A or B family day-care home 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;
(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) Not later than September 1, 2007, the director shall adopt rules in accordance with Chapter 119. of the Revised Code to implement the voluntary child care 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)
"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) "LEAP program" means the learning, earning, and parenting program conducted under section 5107.30 of the Revised Code.
(F)
"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)(G)
"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)(H)
"Ohio works first" means the program established by
this
chapter known as temporary assistance for needy families in
Title
IV-A.
(H)(I)
"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)(J)
"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)(J)(1) or (2) of this section.
(J)(K)
"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.
(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. 5107.14. (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
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. 5107.281. 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. 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
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 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 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 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 medical assistance program, the department may provide medical assistance
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 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. The
rules may establish
requirements to be followed in applying for
medical assistance,
making determinations of eligibility for
medical assistance, and
verifying eligibility for medical
assistance. 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 pursuant to division
(C) of this section and section 5111.014 or 5111.019 of the
Revised Code.
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. 5111.019. (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. 5111.0112. (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. 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 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. 5111.0119. (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 establish the medicaid buy-in program in accordance with 42 U.S.C. 1396a(a)(10)(A)(ii)(XV) and (XVI).
(B) The director of job and family services shall adopt rules under section 5111.011 of the Revised Code to implement this section.
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 the use of time-limited provider agreements under the medicaid program. Under the rules, each provider agreement shall expire three years from the effective date of the agreement.
(B) The rules for
use of time-limited provider agreements shall include a process for re-enrollment of providers. All of the following apply to the re-enrollment process:
(1) The department 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.
(C) Pursuant to section 5111.06 of the Revised Code, the department is not required to take the actions specified in division (B)(1) of this section by issuing an order pursuant to an adjudication conducted in accordance with Chapter 119. 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 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.
(11) 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)(11) 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 therapeutic 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. 5111.163. (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. In the case of individuals who receive medicaid on the basis of being included in the category identified by the department of job and family services as covered families and children, the department shall develop and implement a reimbursement system based on a risk-adjusted rate structure. The risk-adjusted reimbursement rates shall be applied individually and shall apply starting one year after the individual enrolls in the medicaid program.
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 (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 submit the proposed rates to the superintendent of insurance for review. On each submission, the superintendent shall conduct a review of the proposed rates and provide written notice to the department of the results of the review.
(3) The department may not submit the proposed rates for approval by the centers for medicare and medicaid services unless the superintendent specifies in the results of the review that the proposed rates will do none of the following with respect to the health insuring corporation that will receive payments according to the proposed rates:
(a) Negatively impact the financial solvency of the health insuring corporation;
(b) Cause a change in the health insuring corporation's RBC levels, as defined in section 3903.81 of the Revised Code;
(c) Require that an application for a certificate of authority include the parent company's guaranty, as specified in division (A)(27) of section 1751.03 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.
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 therapeutic 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. 5111.84. 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. 5111.861. (A) "Home and community-based services medicaid waiver component" has the same meaning as in section 5111.851 of the Revised Code.
(B) The director shall submit a request to the United States secretary of health and human services to approve amendments to one or more home and community-based services medicaid waiver components to do one or more of the following:
(1) Allow a participant receiving services under a component to retain eligibility for those services while participating in the medicaid buy-in program established under section 5111.0119 of the Revised Code.
(2) Make changes to one or more components so that the component or components contains one or more features of the medicaid buy-in program established under section 5111.0119 of the Revised Code.
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. 5111.8814. 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. 5111.891. 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. 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 or both 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 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 facility until the facility pays the installment and penalty;
(2) 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. 5123.033. 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. 5123.047. (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 may 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 or a related party of 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 or a related party of 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. If the legal rights service obtains any information in furtherance of its duties and state or federal law requires the source of that information to maintain the information confidentially, the legal rights service shall maintain that information confidentially in accordance with the law applicable to the source of the information. The legal rights service may disclose such information only in accordance with the law applicable to the source of the information.
(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 formally 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. 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 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 all records of mentally ill persons, mentally retarded persons, and developmentally disabled persons in accordance with 42 U.S.C. 10805 and 15043.
(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) 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, 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.
(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.
(M) As used in this section and sections 5123.601 to 5123.604 of the Revised Code, "mentally ill person" means a person to whom both of the following apply:
(1) The person has a significant mental illness or emotional impairment, as determined by a mental health professional qualified under the laws and rules of this state.
(2) One of the following applies to the person:
(a) The person is an inpatient or resident in a facility rendering care or treatment, even if the whereabouts of the person are unknown.
(b) The person is in the process of being admitted to a facility rendering care or treatment, including persons being transported to such a facility.
(c) The person is involuntarily confined in a municipal detention facility for reasons other than serving a sentence resulting from conviction of or plea of guilty to a criminal offense.
(d) The person lives in a community setting, including the person's own home.
Sec. 5123.602. The ombudsman 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 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, and with
their parents, guardians, or advocates, and with employees of any provider.
Sec. 5123.603. The ombudsman ombudsperson section of the legal
rights
service shall:
(A) Publicize its existence, functions, and activities,
and the procedures for filing a complaint under section 5123.601
of the Revised Code, and send this information in written form to
each provider with instructions that the information is to be
posted in a conspicuous place accessible to residents, visitors,
and employees;
(B) Maintain the confidentiality of all its records and
files;
(C) Not be required to testify in any court with respect
to any matters it is required to maintain as confidential;
(D)(C) Collect, compile, and analyze data relating to
complaints, investigations, or other actions or conditions, for
the purpose of helping prepare the annual report required by
division (F)(7) of section 5123.60 of the Revised Code and
identifying and resolving significant systemic problems affecting
mentally retarded, developmentally disabled, or mentally ill
persons;
(E)(D) Recommend or propose to other governmental agencies
changes in policies and rules that affect mentally retarded,
developmentally disabled, or mentally ill persons;
(F)(E) Establish, maintain, and publicize a toll-free number
for receiving complaints.
Sec. 5123.604. (A) No one shall take a discriminatory,
disciplinary, or retaliatory action against any officer or
employee of a provider, any mentally retarded, developmentally
disabled, or mentally ill person, the parents or guardian of a
mentally retarded, developmentally disabled, or mentally ill
person, or any volunteer or advocate for a mentally retarded,
developmentally disabled, or mentally ill person, for any
communication these persons make or information they disclose in
good faith to the ombudsperson section of the legal
rights service.
(B) No person shall knowingly interfere with lawful
actions of the ombudsperson section, refuse entry to
its
representatives, fail to comply with its lawful demands, or offer
any compensation, gratuity, or promise thereof in an effort to
influence the outcome of any matter being considered by the
section.
(C) The department of mental retardation and developmental
disabilities shall immediately notify the ombudsperson
section of
all investigations of major unusual incidents or life-threatening
situations, as defined in rules adopted by the department,
involving mentally retarded and developmentally disabled persons,
and shall furnish copies of all relevant reports within
forty-eight hours after receipt. The department of mental health
shall notify the ombudsperson section of all major
unusual reportable incidents or life-threatening situations, as defined in rules adopted by
the department, involving mentally ill persons within forty-eight
hours after receipt of the report of the incident or situation.
The departments of health and job and family services
shall notify the
department of mental retardation and developmental disabilities
of all allegations and investigations of abuse, neglect, or
life-threatening situations involving mentally retarded or
developmentally disabled persons. Any other state agency with
information concerning abuse, neglect, or life-threatening
situations involving mentally retarded or developmentally
disabled persons shall report that information immediately to the
department of mental retardation and developmental disabilities.
Nothing in this section or section 5123.60, 5123.601, or
5123.602 of the Revised Code shall preclude any department or
board, its contract agencies, a community residential facility,
or other governmental entity from carrying out its responsibility
as prescribed by law.
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. 5126.042. (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. 5126.054. (A) Each county board of mental retardation
and developmental disabilities shall, by resolution, develop a
three-calendar year plan that includes
the following
four
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) 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) 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) 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) 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 that the county board provides 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 department 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, section 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 that the county board requested before July 1, 2007, 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. 5126.11. (A) As used in this section, "respite care"
means appropriate, short-term, temporary care that is provided to
a mentally retarded or developmentally disabled person to sustain
the family structure or to meet planned or emergency needs of the
family.
(B) Subject to rules adopted by the director of mental
retardation and developmental disabilities, and subject to the
availability of money from state and federal sources, the county
board of mental retardation and developmental disabilities shall
establish a family support services program. Under such a
program, the
board shall make payments to an individual with
mental retardation or
other developmental disability or the family
of an individual with mental
retardation or other developmental
disability
who desires to remain in and be supported in the family
home. Payments shall be made for all or part of costs
incurred or
estimated to
be incurred for services that would promote
self-sufficiency and
normalization, prevent or reduce
inappropriate institutional
care, and further the unity of the
family by enabling the family
to meet the special needs of the
individual
and to live as much like other families as possible.
Payments may be made in the form
of reimbursement for expenditures
or in the form of vouchers to be used to
purchase services.
(C) Payment shall not be made under this section to an
individual or the individual's family if the
individual is living
in a residential facility that is providing
residential services
under contract with the department of mental retardation
and
developmental disabilities or a county board.
(D) Payments may be made for the following services:
(1) Respite care, in or out of the home;
(2) Counseling,
supervision, training, and education
of
the
individual, the individual's caregivers, and members of the
individual's family that aid the family in providing proper care
for the
individual, provide for the special needs of the
family,
and assist in all aspects of the individual's daily
living;
(3) Special diets, purchase or lease of special equipment,
or modifications of the home, if such diets, equipment, or
modifications are necessary to improve or facilitate the care and
living environment of the individual;
(4)
Providing support necessary for the individual's
continued skill development, including such services as
development of interventions to cope with unique problems that may
occur within the complexity of the family, enrollment of the
individual in special summer programs, provision of appropriate
leisure activities, and other social skills development
activities;
(5) Any other services that are consistent with the
purposes
specified in division (B) of this section
and specified in the
individual's service plan.
(E) In order to be eligible for payments under a family
support services
program, the individual or
the individual's
family must reside in the county served by the county board,
and
the individual must be in need of habilitation. Payments shall be
adjusted for income in accordance with the payment schedule
established in
rules adopted under this section. Payments shall
be made only after the
county board has taken into account all
other available assistance for which
the individual or family is
eligible.
(F) Before incurring expenses for a service for which
payment will be sought under a family support services
program,
the individual or family
shall apply to the county board for a
determination of
eligibility and approval of the service. The
service need not be
provided in the county served by the county
board. After being
determined eligible and receiving approval for
the service, the
individual or family may incur expenses for the
service or use the
vouchers received from the county board for the
purchase of the
service.
If the county board refuses to approve a service, an appeal
may be made in accordance with rules adopted by the department
under this section.
(G) To be reimbursed for expenses incurred for approved
services, the individual or family shall submit to the county
board a
statement of the expenses incurred accompanied by any
evidence
required by the board. To redeem vouchers used to
purchase
approved services, the entity that provided the service
shall
submit to the county board evidence that the service was
provided
and a statement of the charges. The county board shall
make
reimbursements and redeem vouchers no later than forty-five
days
after it receives the statements and evidence required by
this
division.
(H) A county board shall consider the following
objectives
in carrying out a family support services
program:
(1) Enabling individuals to return to their families from an
institution
under the jurisdiction of the department of mental
retardation and
developmental disabilities;
(2) Enabling individuals found to be subject to
institutionalization by court order under section 5123.76 of the
Revised Code to remain with their families with the aid of
payments provided under this section;
(3) Providing services to eligible children and adults
currently residing in the community;
(4) Providing services to individuals with developmental
disabilities who are
not receiving other services from the board.
(I) The director shall adopt, and may amend and rescind,
rules for the implementation of family support services programs
by county
boards. Such rules shall include the following:
(1) A payment schedule adjusted for income;
(2) A formula for distributing to county boards the money
appropriated
for family support services;
(3) Standards for supervision, training, and quality
control
in the provision of respite care services;
(4)(3) Eligibility standards and procedures for providing
temporary emergency respite care;
(5)(4) Procedures for hearing and deciding appeals made under
division (F) of this section;
(6) Requirements to be followed by county boards regarding
reports submitted under division (K) of this section.
Rules adopted under divisions division (I)(1) and (2) of this
section
shall be adopted in accordance with section 111.15 of the
Revised
Code. Rules adopted under divisions (I)(3)(2) to (6)(4) of
this section
shall be adopted in accordance with Chapter 119. of
the Revised
Code.
(J) All individuals certified by the superintendent of the
county board as
eligible for temporary emergency respite care in
accordance with
rules adopted under this section shall be
considered eligible for
temporary emergency respite care for not
more than five days to
permit the determination of eligibility for
family support services. The
requirements of divisions (E) and
(F) of this section do not
apply to temporary emergency respite
care.
(K) The department
of
mental retardation and developmental disabilities shall
distribute
to county boards money appropriated for family support
services 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.
A
county board shall use no more
than seven per cent of the funds
for administrative costs. Each
county board shall submit reports
to the department on payments
made under this section. The
reports shall be submitted at those
times and in the manner
specified in rules adopted under this
section.
(L) The county board shall not be required to make
payments
for family support services at a
level that exceeds available
state and federal funds for such payments.
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 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. 5139.27. The department of youth services shall adopt
rules prescribing the minimum standards of construction for a
school, forestry camp, or other facility established under
section
2151.65 of the Revised Code for which financial
assistance may be
granted to assist in defraying the cost of the
construction of the
school, forestry camp, or other
facility.
If an application for
that financial assistance is filed
with the
department under
section 2151.651 of the Revised Code, and the
department finds
that the application is in proper form and the
specifications for
the construction of the school, forestry
camp, or other facility
meet the minimum standards set forth in
the rules adopted by the
department, the department may, from
moneys available to it for
granting financial assistance for the
construction of schools,
forestry camps, or other facilities
established under section
2151.65 of the Revised Code, grant
financial assistance to the
county making the application,
subject to the approval of the
controlling board, in an amount
not to exceed one-half of the
county's share of the cost of
construction of the school, forestry
camp, or other
facility but
not to exceed six thousand five
hundred dollars for each bed unit
provided for in the school,
forestry camp, or other
facility.
As used in this section,
"construction" means the building and the
initial equipping of new
structures and, to the extent provided
for in rules adopted by the
department, the acquisition,
remodeling, and initial equipping of
existing structures,
excluding architect's fees and the cost of
land acquisition.
A county that receives financial assistance under this
section shall not be obligated to repay the assistance to
the
state unless the school, forestry camp, or other facility for
which the assistance is granted is used within the ten-year
period
immediately following its establishment for other than the
purpose
of rehabilitating children between the ages of twelve to
eighteen
years, other than psychotic or mentally retarded
children, who are
designated delinquent children, as defined in section
2152.02 of
the Revised Code, or unruly, as defined in
section
2151.022 of the
Revised Code, by order of a juvenile court. If
the department of
youth services finds that the school,
forestry
camp, or other
facility is used for other than that purpose
within that ten-year
period, the county
shall be obligated to
repay the assistance to
the state and, through its board of
county commissioners, may
enter into an agreement with the
director of budget and management
for the discharge of that
obligation over a period not to exceed
ten years in duration.
Whenever a county is obligated to repay
that assistance to
the
state and its board of county commissioners
fails to enter into
or fails to comply with an agreement for the
discharge of
that
obligation, the tax commissioner, pursuant to
section 5747.54 of
the Revised Code, shall withhold from
distribution to the
county
from the local government communities fund an
amount sufficient to discharge
the county from that obligation to
the
state.
Sec. 5139.271. Subject to the approval of the controlling
board, the department of youth services may grant and pay
financial assistance to defray the county's share of the cost of
acquiring or constructing a district detention facility,
established
under section 2152.41 of the Revised Code, to any
county making
application under section 2152.43 of the Revised
Code if the
department finds that the application was made in
accordance with
its rules and the facility or the specifications
for the
facility meet
minimum standards established by the
department. No financial
assistance shall be granted for
defraying the cost of architects'
fees or land.
The department shall adopt rules prescribing the minimum
standards of construction and condition of existing structures,
established under section 2152.41 of the Revised Code,
for which
financial assistance is granted under this section. The
department may recommend programs of education and training and
the qualifications desired for personnel of a district detention
facility.
The amount of financial assistance granted to any county
shall not exceed one-half of the county's share of the cost of
acquisition or construction of the facility. The total of
all
state
assistance for any home shall not exceed six thousand five
hundred dollars for each bed unit provided for in the
facility.
A county that receives financial assistance under this
section shall repay the assistance to the state if the
facility
for
which the assistance is granted is used within the ten-year
period immediately following its establishment for purposes other
than those contained in section 2152.41 of the Revised
Code. A
board of county commissioners that uses the
facility for any
other purpose within that period shall
enter into an agreement
with the director of budget and management for the
discharge of
that
obligation over a period not to exceed ten years. If a board
of
county commissioners fails to enter into an agreement for the
discharge of that obligation, or fails to comply with the
terms
of
such an agreement, the director shall direct the tax
commissioner,
pursuant to section 5747.54 of the Revised Code,
to withhold from
the distribution of the local government communities
fund an amount sufficient
to discharge the obligation.
(A) "Construction" means the building and initial
equipping
of new structures.
(B) "Acquisition" means "acquisition" as
defined in the
rules of the department, which may include the purchase,
remodeling, and initial equipping of existing structures.
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. 5302.30. (A) As used in this section:
(1) "Good faith" means honesty in fact in a transaction
involving the transfer of residential real property.
(2) "Land installment contract" has the same meaning as in
section 5313.01 of the Revised Code.
(3) "Political subdivision" and "state" have the same
meanings as in section 2744.01 of the Revised Code.
(4) "Residential real property" means real property that
is
improved by a building or other structure that has one to four
dwelling units.
(B)(1) Except as provided in division (B)(2) of this
section, this section applies to any transfer of residential real
property that occurs on or after July 1, 1993, by sale, land
installment contract, lease with option to purchase, exchange, or
lease for a term of ninety-nine years and renewable forever. For
purposes of this section, a transfer occurs when the initial
contract for transfer is executed, regardless of when legal title
is transferred, and references in this section to transfer offers
and transfer agreements refer to offers and agreements in respect
of the initial contract for transfer.
(2) This section does not apply to any transfer of
residential real property that is any of the following:
(a) A transfer pursuant to court order, including, but not
limited to, a transfer ordered by a probate court during the
administration of a decedent's estate, a transfer pursuant to a
writ of execution, a transfer by a trustee in bankruptcy, a
transfer as a result of the exercise of the power of eminent
domain, and a transfer that results from a decree for specific
performance of a contract or other agreement between persons;
(b) A transfer to a mortgagee by a mortgagor by deed in
lieu
of foreclosure or in satisfaction of the mortgage debt;
(c) A transfer to a beneficiary of a deed of trust by a
trustor in default;
(d) A transfer by a foreclosure sale that follows a
default
in the satisfaction of an obligation secured by a
mortgage;
(e) A transfer by a sale under a power of sale following a
default in the satisfaction of an obligation that is secured by a
deed of trust or another instrument containing a power of sale;
(f) A transfer by a mortgagee, or a beneficiary under a
deed
of trust, who has acquired the residential real property at
a sale
conducted pursuant to a power of sale under a mortgage or
a deed
of trust or who has acquired the residential real property
by a
deed in lieu of foreclosure;
(g) A transfer by a fiduciary in the course of the
administration of a decedent's estate, a guardianship, a
conservatorship, or a trust;
(h) A transfer from one co-owner to one or more other
co-owners;
(i) A transfer made to the transferor's spouse or to one
or
more persons in the lineal line of consanguinity of one or
more of
the transferors;
(j) A transfer between spouses or former spouses as a
result
of a decree of divorce, dissolution of marriage,
annulment, or
legal separation or as a result of a property
settlement agreement
incidental to a decree of divorce,
dissolution of marriage,
annulment, or legal separation;
(k) A transfer to or from the state, a political
subdivision
of the state, or another governmental entity;
(l) A transfer that involves newly constructed residential
real property that previously has not been inhabited;
(m) A transfer to a transferee who has occupied the
property
as a personal residence for one or more years
immediately prior to
the transfer;
(n) A transfer from a transferor who both has not occupied
the property as a personal residence within one year immediately
prior to the transfer and has acquired the property through
inheritance or devise.
(C) Except as provided in division (B)(2) of this section
and subject to divisions (E) and (F) of this section, every
person
who intends to transfer any residential real property on
or after
July 1, 1993, by sale, land installment contract, lease
with
option to purchase, exchange, or lease for a term of
ninety-nine
years and renewable forever shall complete all
applicable items in
a property disclosure form prescribed under
division (D) of
this section and shall deliver in accordance with
division (I) of
this section a signed and dated copy of the
completed form to each prospective transferee or
prospective
transferee's agent as
soon as is practicable.
(D)(1) Prior to July 1, 1993, the director of commerce, by
rule adopted in accordance with Chapter 119. of the Revised Code,
shall prescribe the disclosure form to be completed by
transferors. The form prescribed by the director shall be
designed to permit the transferor to disclose material matters
relating to the physical condition of the property to be
transferred, including, but not limited to, the source of water
supply to the property; the nature of the sewer system serving
the
property; the condition of the structure of the property,
including the roof, foundation, walls, and floors; the presence
of
hazardous materials or substances, including lead-based paint,
asbestos, urea-formaldehyde foam insulation, and radon gas; and
any material defects in the property that are within the actual
knowledge of the transferor.
The form also shall set forth a statement of the purpose of
the form, including statements substantially similar to the
following: that the form constitutes a statement of the
conditions of the property and of information concerning the
property actually known by the transferor; that, unless the
transferee is otherwise advised in writing, the transferor, other
than having lived at or owning the property, possesses no greater
knowledge than that which could be obtained by a careful
inspection of the property by a potential transferee; that the
statement is not a warranty of any kind by the transferor or by
any agent or subagent representing the transferor in this
transaction; that the statement is not a substitute for any
inspections; that the transferee is encouraged to obtain
the
transferee's
own professional inspection; that the
representations are made by
the transferor and are not the
representations of the
transferor's agent or subagent; and that
the form and the
representations contained therein are provided by
the transferor
exclusively to potential transferees in a transfer
made by the
transferor, and are not made to transferees in any
subsequent
transfers.
The form shall include instructions to the transferor for
completing the form, space in which the transferor or transferors
shall sign and date the form, and space in which the transferee
or
transferees shall sign and date the form acknowledging receipt
of
a copy of the form and stating that the transferee or
transferees
understand the purpose of the form as stated thereon.
(2) Not later than January 1, 2006, the director
shall revise the disclosure
form to include a statement that information on the operation and maintenance of the type of sewage treatment system
serving the property is available from the
department of health or the board of health of the health district in which the property is located.
As used in this section, "sewage treatment system"
has the same meaning as in section 3718.01 of the Revised Code.
(E)(1) Each disclosure of an item of information that is
required to be made in the property disclosure form prescribed
under division (D) of
this section in connection with particular
residential real
property and each act that may be performed in
making any
disclosure of an item of information shall be made or
performed in
good faith.
(2) If an item of information is unknown to the transferor
of residential real property at the time the item is required to
be disclosed in the property disclosure form and if
the
approximation is not used for the purpose of circumventing or
otherwise evading divisions (C) and (D) of this section, the
transferor may make a good faith approximation of the item of
information.
(F)(1) A transferor of residential real property is not
liable in damages in a civil action for injury, death, or loss to
person or property that allegedly arises from any error in,
inaccuracy of, or omission of any item of information required to
be disclosed in the property disclosure form if the error,
inaccuracy, or omission was not
within the transferor's actual
knowledge.
(2) If any item of information that is disclosed in the
property disclosure form
is rendered inaccurate after the
delivery of the form to the
transferee of residential real
property or
the transferee's
agent as a result of any act,
occurrence, or
agreement, the
subsequent inaccuracy does not cause, and shall
not be construed
as causing, the transferor of the residential
real property to be
in noncompliance with the requirements of
divisions (C) and (D) of
this section.
(G) Any disclosure of an item of information in the
property
disclosure form
prescribed under division (D)
of this
section may be amended in writing by the transferor of
residential real property at any time following the delivery of
the form
in accordance
with divisions (C) and (I) of this
section. The amendment shall
be subject to
this section.
(H) Except as provided in division (B)(2) of this section,
every prospective transferee of residential real property who
receives in accordance with division (C) of this section a signed
and dated copy of a completed property disclosure form
as
prescribed under division (D)
of this section shall acknowledge
receipt of the form
by doing both of the following:
(1) Signing and dating a copy of the form;
(2) Delivering a signed and dated copy of the form to the
transferor or
the transferor's agent or subagent.
(I) The transferor's delivery under division (C) of this
section of a property disclosure form
as prescribed under
division (D) of this section
and the prospective transferee's
delivery under division (H) of
this section of an acknowledgment
of
receipt of that form
shall be made by personal
delivery to
the other party or
the other party's agent or
subagent, by
ordinary mail or
certified mail, return receipt
requested, or by facsimile
transmission. For the purposes of the
delivery requirements of
this section, the delivery of a property
disclosure form
to a
prospective co-transferee of residential real property or
a
prospective co-transferee's
agent shall be considered delivery to
the other prospective
transferees unless otherwise provided by
contract.
(J) The specification of items of information that must be
disclosed in the property disclosure form as prescribed under
division (D)(1) of this section does not limit or abridge, and
shall
not be construed as limiting or abridging, any obligation to
disclose an item of information that is created by any other
provision of the Revised Code or the common law of this state or
that may exist in order to preclude fraud, either by
misrepresentation, concealment, or nondisclosure in a transaction
involving the transfer of residential real property. The
disclosure requirements of this section do not bar, and shall not
be construed as barring, the application of any legal or
equitable
defense that a transferor of residential real property
may assert
in a civil action commenced against the transferor by
a
prospective or actual transferee of that property.
(K)(1) Except as provided in division (K)(2) of this
section, but subject to divisions (J) and (L) of this section, a
transfer of residential real property that is subject to this
section shall not be invalidated because of the failure of the
transferor to provide to the transferee in accordance with
division (C) of this section a completed property disclosure form
as prescribed under division
(D) of this section.
(2) Subject to division (K)(3)(c) of this section, if a
transferee of residential real property that is subject to this
section receives a property disclosure form or an amendment of
that form
as described in division (G) of this section
after the
transferee has entered into a transfer agreement with
respect to
the property, the transferee, after
receipt of the
form or
amendment, may rescind the transfer agreement in a written,
signed,
and dated document that is delivered to the transferor or
the
transferor's agent or subagent in accordance with
divisions
(K)(3)(a) and
(b) of this section, without incurring any legal
liability to the
transferor because of the rescission, including,
but not limited
to, a civil action for specific performance of the
transfer
agreement. Upon the rescission of the transfer
agreement, the
transferee is entitled to the return of, and the
transferor shall
return, any deposits made by the transferee in
connection with
the proposed transfer of the residential real
property.
(3)(a) Subject to division (K)(3)(b) of this section, a
rescission of a transfer agreement under division (K)(2) of this
section only may occur if the transferee's written, signed, and
dated document of rescission is delivered to the transferor or
the transferor's agent or subagent within three business
days
following the
date on which the transferee or
the transferee's
agent
receives the property
disclosure form
prescribed under division (D) of this section or
the amendment of that form
as described in division (G) of this
section.
(b) A transferee may not rescind a transfer agreement
under
division (K)(2) of this section unless
the transferee
rescinds
the
transfer agreement by the earlier of the date that is thirty
days
after the date upon which the transferor accepted the
transferee's transfer offer or the date of the closing of the
transfer of the residential real property.
(c) A transferee of residential real property may waive
the
right of rescission of a transfer agreement described in
division
(K)(2) of this section.
(d) A rescission of a transfer agreement is not
permissible
under division (K)(2) of this section if a transferee
of
residential real property that is subject to this section
receives
a property disclosure form as prescribed under division
(D) of this section or an amendment
of that form as described in
division (G) of this section prior to the transferee's submission
to the transferor or
the transferor's agent or subagent of a
transfer offer
and the transferee's entry into a transfer
agreement with respect
to the property.
(4) If a transferee of residential real property subject
to
this section does not receive a property disclosure form from
the transferor after the
transferee has submitted to the
transferor or
the transferor's
agent or subagent a transfer
offer and has
entered into a transfer
agreement with respect to the property,
the transferee may rescind
the transfer agreement in a written,
signed, and dated document
that is delivered to the transferor or
the transferor's agent
or subagent in accordance with
division (K)(4) of this
section without
incurring any legal liability to the transferor
because of the
rescission, including, but not limited to, a civil
action for
specific performance of the transfer agreement. Upon
the
rescission of the transfer agreement, the transferee is
entitled
to the return of, and the transferor shall return, any
deposits
made by the transferee in connection with the proposed
transfer
of the residential real property. A transferee may not
rescind a
transfer agreement under
division (K)(4) of this
section unless
the transferee
rescinds the
transfer
agreement by the earlier of the date that is thirty days
after the
date upon which the transferor accepted the
transferee's transfer
offer or the date of the closing of the
transfer of the
residential real property.
(L) The right of rescission of a transfer agreement
described in division (K)(2) of this section or the absence of
that right does not affect, and shall not be construed as
affecting, any other legal causes of action or other remedies
that
a transferee or prospective transferee of residential real
property may possess against the transferor of that property.
Sec. 5323.011. Sections 5323.01, 5323.02, 5323.03, 5323.04, and 5323.99 of the Revised Code do not apply in a county unless the board of county commissioners adopts a resolution declaring that the sections apply in the county. The board may not adopt such a resolution unless it has found that the benefit from compliance with the sections will exceed the cost to the county and its people and to persons traveling, working, or doing business in the county. The board may not declare that fewer than all the sections apply in the county.
The board of county commissioners may repeal a resolution that has been adopted under the first paragraph of this section. The board may not adopt such a resolution unless it has found that the cost of continued compliance with the sections exceeds the benefit to the county and its people and to persons traveling, working, or doing business in the county. Upon the repeal, the duties of an owner of residential rental property to comply with and of the county auditor to accept compliance with sections 5323.01, 5323.02, 5323.03, 5323.04, and 5323.99 of the Revised Code are tolled.
An owner of residential rental property in a county is not required to comply with, and the auditor of a county is not required to accept compliance with, sections 5323.01, 5323.02, 5323.03, 5323.04, and 5323.99 of the Revised Code unless the board of county commissioners has adopted a resolution declaring that the sections apply in the county and the resolution continues in effect.
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. 5533.91. 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, 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. 5705.28. (A) Except as provided in division (B)(1) or
(2) of
this section or in section 5705.281 of the Revised Code, the taxing authority
of each subdivision or other taxing unit shall adopt a tax budget for the next
succeeding fiscal year:
(1) On or before the fifteenth day of January in the case
of a school district;
(2) On or before the fifteenth day of July in the case of
all other subdivisions and taxing units.
(B)(1) Before the first day of June in each year, the board
of trustees of a school library district entitled to participate
in any appropriation or revenue of a school district or
to have a tax proposed by the
board of education of a school district shall file with the board
of education of the school district a tax budget for the ensuing
fiscal year. On or before the fifteenth day of July in each
year, the board of education of a school district to which a
school library district tax budget was submitted under this
division shall adopt such tax budget on behalf of the library
district, but such budget shall not be part of the school
district's tax budget.
(2)(a) The taxing authority of a taxing unit that does not levy a
tax is not required to adopt a tax
budget pursuant to division (A) of this section. Instead, on or
before the fifteenth day of July each year, such taxing authority
shall adopt an operating budget for the taxing unit for the ensuing fiscal
year. The operating
budget shall include an estimate of receipts from all sources, a statement of
all taxing unit expenses that are anticipated to occur,
and the amount required for debt charges during the fiscal year. The
operating budget is not
required to be filed with the county auditor or the county budget commission.
(b) Except for this section and sections 5705.36, 5705.38,
5705.40, 5705.41, 5705.43, 5705.44, and 5705.45 of the Revised
Code, a taxing unit that does not
levy a tax is not a taxing unit for purposes of Chapter 5705. of
the Revised Code. Documents prepared in accordance
with such
sections are not required to be filed with the county auditor or county
budget commission.
(c) The total appropriations from each fund of a taxing unit that
does not levy a tax shall not exceed the total estimated revenue available for
expenditures
from the fund, and appropriations shall be made from each fund
only for the purposes for which the fund is established.
(C)(1) To assist in the preparation of the tax budget, the
head of each department, board, commission, and district
authority entitled to participate in any appropriation or revenue
of a subdivision shall file with the taxing authority, or in the
case of a municipal corporation, with its chief executive
officer, before the forty-fifth day prior to the date on which
the budget must be adopted, an estimate of contemplated revenue
and expenditures for the ensuing fiscal year, in such form as is
prescribed by the taxing authority of the subdivision or by the
auditor of state. The taxing authority shall include in its
budget of expenditures the full amounts requested by district
authorities, not to exceed the amount authorized by law, if such
authorities may fix the amount of revenue they are to receive
from the subdivision. In a municipal corporation in which a
special levy for a municipal university has been authorized to be
levied in excess of the ten-mill limitation, or is required by
the charter of the municipal corporation, the taxing authority
shall include an amount not less than the estimated yield of such
levy, if such amount is requested by the board of directors of
the municipal university.
(2) A county board of mental retardation and developmental
disabilities may include within its estimate of contemplated
revenue and expenditures a reserve balance account in the
community mental retardation and developmental disabilities
residential services fund. The account shall contain money that
is not needed to pay for current expenses for residential
services and supported living but will be needed to pay for
expenses for such services in the future or may be needed for
unanticipated emergency expenses. On the request of the county
board of mental retardation and developmental disabilities, the
board of county commissioners shall include such an account in
its budget of expenditures and appropriate money to the account
from residential service moneys for the county board.
(D) The board of trustees of any public library desiring
to participate in the distribution of the county library and
local government support libraries fund shall adopt appropriate rules
extending the benefits of the library service of such library to
all the inhabitants of the county on equal terms, unless such
library service is by law available to all such inhabitants, and
shall certify a copy of such rules to the taxing authority with
its estimate of contemplated revenue and expenditures. Where
such rules have been so certified or where the adoption of such
rules is not required, the taxing authority shall include in its
budget of receipts such amounts as are specified by such board as
contemplated revenue from the county library and local government
support libraries fund, and in its budget of expenditures the full amounts
requested therefrom by such board. No library association,
incorporated or unincorporated, is entitled to participate in the
proceeds of the county library and local government support libraries fund
or other public funds unless such association was organized and
operating prior to January 1, 1968.
Sec. 5705.281. (A)
Notwithstanding section 5705.28
of the
Revised Code, the county budget
commission, by an affirmative
vote of a majority of the
commission, including an affirmative
vote by the county auditor,
may
waive the
requirement that the
taxing
authority of a
subdivision or other taxing unit
adopt a
tax budget
as provided under section
5705.28 of
the Revised
Code,
but shall require such a taxing
authority to
provide such
information
to the commission as may be required by the
commission
to
perform its
duties
under this chapter, including dividing the rates of each of
the
subdivision's or taxing unit's tax levies as provided under
section
5705.04 of the Revised Code.
(B)(1) Notwithstanding divisions (B)(1) and (D) of section 5705.28 of the Revised Code, in any county in which a single library receives all of the county library and local government support libraries fund or receives all of that portion of the fund that is distributed to libraries, the county budget commission, by an affirmative vote of a majority of the commission, including an affirmative vote by the county auditor, may waive any or all of the following requirements:
(a) The requirement that the board of trustees of a school library district entitled to participate in any appropriation or revenue of a school district or to have a tax proposed by the board of education of a school district file with the board of education of the school district a tax budget, and the requirement that the board of education adopt the tax budget on behalf of the library district, as provided in division (B)(1) of section 5705.28 of the Revised Code;
(b) The requirement that the board of trustees of a public library desiring to participate in the distribution of the county library and local government support libraries fund certify to the taxing authority its estimate of contemplated revenue and expenditures, and the requirement that the taxing authority include in its budget of receipts and budget of expenditures the full amounts specified or requested by the board of trustees, as provided in division (D) of section 5705.28 of the Revised Code.
(2) If a county budget commission waives the requirements described in division (B)(1)(a) or (b) of this section, the commission shall require the board of trustees of the school library district or the board of trustees of the public library desiring to participate in the distribution of the county library and local government support libraries fund to provide to the commission any information the commission may require from the board in order for the commission to perform its duties under this chapter.
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. 5705.30. This section does not apply to a subdivision
for
which the county budget commission has waived the requirement
to adopt a tax
budget under section 5705.281 of the Revised Code.
In addition to the information required by
section 5705.29 of
the Revised Code, the budget of each
subdivision and school
library district shall include such other
information as is
prescribed by the auditor of state.
At least two copies of the
budget shall be filed in the
office of the
fiscal officer of the
subdivision for public
inspection not less
than ten days before
its adoption by the
taxing authority, and
such taxing authority
shall hold at least
one public hearing
thereon, of which public
notice shall be given
by at least one
publication not less than
ten days prior to the
date of hearing
in the official publication
of such subdivision,
or in a
newspaper having general circulation
in the subdivision.
The
budget, after adoption, shall be submitted
to the county
auditor
on or before the twentieth day of July, or
in the case of
a
school district, by the twentieth day of January.
The tax
commissioner may prescribe a later date for the submission
of a
subdivision's tax budget. Any subdivision that fails to
submit
its budget to the county auditor on or before the twentieth
day
of
July, unless the commissioner on or before the twentieth
day
of
July prescribes a later date for submission of the budget
by
that
subdivision, shall not receive an apportionment from the
undivided
local government communities fund distribution for the ensuing
calendar year,
unless upon review of the matter the commissioner
determines that
the budget was adopted by the subdivision on or
before the
fifteenth day of July, but was not submitted to the
county auditor
by the twentieth day of July or the later time
prescribed by the
commissioner because of ministerial error by
the
subdivision or
its officers, employees, or other
representatives.
Sec. 5705.31. The county auditor shall present to the
county
budget commission the annual tax budgets submitted
under
sections
5705.01 to 5705.47 of the Revised Code, together
with an
estimate
prepared by
the auditor of the amount of
any
state
levy, the rate
of any school tax levy as previously
determined,
the tax
commissioner's estimate of the amount to be
received in
the county
library and local government support libraries fund, the tax rates provided under section 5705.281 of the Revised Code if adoption of the tax budget was waived under that section,
and such
other
information as the commission requests or the tax
commissioner
prescribes. The budget commission shall examine
such
budget and
ascertain the total amount proposed to be raised
in the
county for
the purposes of each subdivision and other
taxing units
in the
county.
The commission shall ascertain that the following levies
have
been properly authorized and, if so authorized, shall
approve them
without modification:
(A) All levies in excess of the ten-mill limitation;
(B) All levies for debt charges not provided for by levies
in excess of the ten-mill limitation, including levies necessary
to pay notes issued for emergency purposes;
(C) The levies prescribed by division (B) of sections
742.33
and 742.34 of the Revised Code;
(D)
Except as otherwise provided in this division, a
minimum
levy within the ten-mill limitation for the
current
expense and
debt service of each subdivision or taxing
unit, which
shall equal
two-thirds of the average levy for
current expenses
and debt
service allotted within the
fifteen-mill limitation to
such
subdivision or taxing unit during
the last five years the
fifteen-mill limitation was in effect
unless such subdivision or
taxing unit requests an amount
requiring a lower rate. Except as
provided in section 5705.312
of the Revised Code, if the levies
required in divisions (B) and
(C) of this section for the
subdivision or taxing unit equal or
exceed the entire minimum levy
of the subdivision as fixed, the
minimum levies of the other
subdivisions or taxing units shall be
reduced by the commission to
provide for the levies and an
operating levy for the subdivision.
Such additional levy shall
be deducted from the minimum levies of
each of the other
subdivisions or taxing units, but the operating
levy for a school
district shall not be reduced below a figure
equivalent to
forty-five per cent of the millage available within
the ten-mill
limitation after all the levies in divisions (B) and
(C) of this
section have been provided for.
If a municipal corporation and a township have entered into
an
annexation agreement under section 709.192 of the Revised
Code
in
which they agree to reallocate their shares of the minimum
levies established
under this division and if that annexation
agreement is submitted along with
the
annual tax budget of both
the township and the municipal
corporation, then, when determining
the minimum levy under this
division, the auditor shall allocate,
to the extent possible, the
minimum levy for that municipal
corporation and township in
accordance with their annexation
agreement.
(E) The levies prescribed by section 3709.29 of the
Revised
Code.
Divisions (A) to (E) of this section are mandatory, and
commissions shall be without discretion to reduce such minimum
levies except as provided in such divisions.
If any debt charge is omitted from the budget, the
commission
shall include it therein.
Sec. 5705.32. (A) The county budget commission shall adjust
the estimated
amounts required from the general property tax for
each fund, as shown by
the tax
budgets
or other information
required to be provided under section 5705.281 of the Revised
Code, so as to bring the tax levies required therefor within the
limitations specified in sections 5705.01 to 5705.47 of the
Revised Code, for
such levies, but no levy shall be reduced below
a minimum fixed by law. The
commission may revise and adjust the
estimate of balances and receipts from
all sources for each fund
and shall determine the total appropriations that
may be made
therefrom.
(B) The commission shall fix the amount of the county
library and local
government support libraries fund to be distributed to
each board of public library
trustees that has qualified under
section 5705.28 of the Revised Code for
participation in the
proceeds of such fund. The amount paid to all libraries
in the
county from such fund shall never be a smaller per cent of the
fund
than the average of the percentages of the county's
classified taxes that were
distributed to libraries in 1982, 1983,
and 1984, as determined by the county
auditor. The commission
shall base the amount for distribution on the needs
of such
library for the construction of new library buildings, parts of
buildings, improvements, operation, maintenance, or other
expenses. In
determining the needs of each library board of
trustees, and in calculating
the amount to be distributed to any
library board of trustees on the basis of
its needs, the
commission shall make no reduction in its allocation from the
fund
on account of additional revenues realized by a library from
increased
taxes or service charges voted by its electorate, from
revenues received
through federal or state grants, projects, or
programs, or from grants from
private sources.
(C) Notwithstanding the fact that alternative methods of
financing such needs
are available, after fixing the amount to be
distributed to libraries, the
commission shall fix the amount, if
any, of the county library and local
government support libraries fund to be
distributed to each board of township park
commissioners, the
county, and each municipal corporation in accordance with
the
following:
(1) Each municipal corporation in the county shall receive a
per cent of the
remainder that equals the per cent that the county
auditor determines the
classified property taxes originating in
such municipal corporation in 1984
were of the total of all of the
county's classified property taxes in 1984.
The commission may
deduct from this amount any amount that the budget
commission
allows to the board of township park commissioners of a township
park district, the boundaries of which are coextensive with or
contained
within the boundaries of the municipal corporation.
(2) The county shall receive a per cent of the remainder
that equals the per
cent that the county auditor determines the
classified property taxes
originating outside of the boundaries of
municipal corporations in the county
in 1984 were of the total of
all of the county's classified property taxes in
1984. The
commission may deduct from this amount any amount that the budget
commission allows to the board of township park commissioners of a
township
park district, the boundaries of which are not
coextensive with or contained
within those of any municipal
corporation in the county.
(D) The commission shall separately set forth the amounts
fixed and
determined under divisions (B) and (C) of this section
in the "official
certificate of estimated resources," as provided
in section 5705.35 of the
Revised Code, and separately certify
such amount to the county auditor who
shall be guided thereby in
the distribution of the county library and local
government
support libraries fund for and during the fiscal year. In determining such
amounts, the commission shall be guided by the estimate certified
by the tax
commissioner and presented by the auditor under section
5705.31 of the Revised
Code, as to the total amount of revenue to
be received in the county library
and local government support libraries
fund during such fiscal year.
(E)(1) At least five days before the date of any meeting at
which the budget
commission plans to discuss the distribution of
the county library and local
government support libraries fund, it shall
notify each legislative authority and board
of public library
trustees, county commissioners, and township park
commissioners
eligible to participate in the distribution of the fund of the
date, time, place, and agenda for the meeting. Any legislative
authority or
board entitled to notice under this division may
designate an officer or
employee of such legislative authority or
board to whom the commission shall
deliver the notice.
(2) Before the final determination of the amount to be
allotted to each
subdivision from any source, the commission shall
permit representatives of
each subdivision and of each board of
public library trustees to appear before
it to explain its
financial needs.
(F) If any public library receives and expends any funds
allocated to it
under this section for the construction of new
library buildings or parts of
buildings, such library shall be
free and open to the inhabitants of the
county in which it is
located. Any board of library trustees that receives
funds under
this section and section 5747.48 of the Revised Code shall have
its financial records open for public inspection at all reasonable
times.
Sec. 5705.321. (A)
As used in this section:
(1) "City,
located wholly or partially in the county, with
the greatest population" means
the city, located wholly or
partially in the
county, with the greatest population residing in
the county; however, if the
county budget commission on or before
January 1, 1998, adopted an
alternative method of apportionment
that was approved by the
city, located partially in the county,
with the greatest
population but not the greatest population
residing in the county, "city,
located wholly or partially in the
county, with the greatest population" means
the city, located
wholly or partially in
the
county, with the greatest population
whether residing in the county or not, if
this alternative meaning
is adopted by action of the board of county
commissioners and a
majority of the boards of township trustees and
legislative
authorities of municipal corporations located wholly or partially
in the
county.
(2) "Participating political subdivision" means a municipal
corporation or
township that satisfies all of the following:
(a)
It is located wholly or partially in the county.
(b)
It is not the city, located wholly or partially in the
county, with the greatest population.
(c)
Library and local government support Local libraries fund moneys
are
apportioned to it under the county's alternative method or formula
of
apportionment in the current calendar year.
(B)
In lieu of the method of apportionment
of the county
library and local government support libraries fund provided by division
(C)
of section 5705.32 of the Revised Code, the county budget
commission
may provide for the apportionment of
the fund
under an
alternative method or on a formula basis as authorized by
this
section.
Except as otherwise provided in division (C) of this section,
the alternative method of apportionment shall have
first been
approved by all of the following governmental units:
the board of
county commissioners; the legislative authority of
the city,
located wholly or partially in the county, with the
greatest
population; and a majority of the boards of township
trustees and
legislative authorities of municipal corporations,
located wholly
or partially in the county, excluding the
legislative authority of
the city,
located wholly or partially in
the county, with the
greatest population.
In granting or denying
approval
for an
alternative method of
apportionment, the board of county
commissioners, boards of township trustees, and legislative
authorities of municipal corporations shall act by motion. A
motion to approve shall be passed upon a majority vote of the
members of a board of county commissioners, board of township
trustees, or legislative authority of a municipal corporation,
shall take effect immediately, and need not be published.
Any alternative
method of apportionment adopted and approved
under this
division
may be revised, amended, or repealed
in the
same manner as it may
be adopted and approved. If
an
alternative
method of
apportionment
adopted and approved under
this
division
is repealed,
the
county library and local
government support libraries fund
shall be
apportioned among the
subdivisions eligible to
participate
in the fund,
commencing in the ensuing calendar year,
under the
apportionment
provided in divisions (B) and (C) of
section
5705.32 of the
Revised Code, unless
the repeal occurs by
operation of
division
(C) of this section or a new method for
apportionment of
the
fund is provided
in the action of repeal.
(C)
This division applies only in counties in which the
city,
located wholly or partially in the county, with the greatest
population has a
population of twenty thousand or less and a
population that is less
than fifteen per cent of
the total
population of the county. In
such a county, the
legislative
authorities or boards of township
trustees of two or
more
participating political subdivisions, which together have a
population residing in the county that is a majority of the total
population of the county, each may adopt a resolution to exclude
the approval otherwise required of the legislative authority of
the city, located wholly or partially in the county, with the
greatest population. All of the resolutions to exclude that
approval shall be adopted not later than the first
Monday of
August of the year preceding the calendar year in which
distributions
are to be made under
an alternative method of
apportionment.
A motion granting or denying approval of an
alternative
method of apportionment under this division shall be adopted by a
majority vote of the members of the board of county commissioners
and by a majority vote of a majority of the boards of township
trustees and legislative authorities of the municipal corporations
located wholly or partially in the county, other than the city,
located wholly or partially in the county, with the greatest
population, shall take effect immediately, and need not be
published. The alternative method of apportionment under this
division shall
be adopted and approved annually, not later than
the first
Monday
of August of the year preceding the calendar year
in which
distributions are to be made under it. A motion granting
approval of an
alternative method of apportionment under this
division repeals any
existing alternative method of apportionment,
effective with distributions to
be made from the fund in the
ensuing calendar year. An
alternative method of
apportionment
under this division shall not be revised or
amended after the
first Monday of August of the year
preceding the calendar year in
which distributions are to be made under
it.
(D)
In determining
an alternative method of
apportionment
authorized by this section, the county budget
commission may
include in
the method any factor considered to
be
appropriate
and
reliable, in the sole discretion of the county
budget
commission.
(E) On the basis of any alternative
method of
apportionment
adopted
and approved as authorized by this section,
as certified
by the
auditor to the county treasurer, the county
treasurer shall
make
distribution of the money in the county
library and local
government support libraries
fund to each subdivision
eligible to
participate in
the
fund, and the
auditor, when
the amount of
those shares is in the custody
of the
treasurer
in the amounts so
computed to be due the respective
subdivisions,
shall at the same
time certify to the tax
commissioner the
percentage share of the
county as a subdivision. All money
received into the treasury of
a subdivision from the
county
library and local government support libraries
fund in a county treasury
shall be
paid into the general fund and
used for the current
operating
expenses of the subdivision.
(F) The actions of the
county budget commission
taken
pursuant to
this section are final and may not be appealed to the
board of
tax appeals, except on the issues of abuse of discretion
and
failure to comply with the formula.
Sec. 5705.37. The taxing authority of any subdivision that
is dissatisfied with any action of the county budget commission
may, through its fiscal officer, appeal to the board of tax
appeals within thirty days after the receipt by the subdivision
of the official certificate or notice of the commission's action.
In like manner, but through its clerk, the board of trustees of
any public library, nonprofit corporation, or library association
maintaining a free public library that has adopted and certified
rules under section 5705.28 of the Revised Code, or any park
district may appeal to the board of tax appeals. An appeal under
this section shall be taken by the filing of a notice of appeal,
either in person or by certified mail, express mail, or authorized delivery
service as provided in section 5703.056 of the Revised Code, with the board
and with
the commission. If notice of appeal is filed by certified mail,
express mail, or authorized delivery service, date of the United
States postmark placed on the sender's
receipt by the postal service or the date of receipt recorded by the
authorized
delivery service shall be treated as the date of filing. Upon receipt
of the notice of appeal, the commission, by certified mail, shall
notify all persons who were parties to the proceeding before the
commission of the filing of the notice of appeal and shall file
proof of notice with the board of tax appeals. The secretary of
the commission shall forthwith certify to the board a transcript
of the full and accurate record of all proceedings before the
commission, together with all evidence presented in the
proceedings or considered by the commission, pertaining to the
action from which the appeal is taken. The secretary of the
commission also shall certify to the board any additional
information that the board may request.
The board of tax appeals, in a de novo proceeding, shall
forthwith consider the matter presented to the commission, and
may modify any action of the commission with reference to the
budget, the estimate of revenues and balances, the allocation of
the library and local government support libraries fund, or the fixing of
tax rates. The finding of the board of tax appeals shall be
substituted for the findings of the commission, and shall be
certified to the tax commissioner, the county auditor, and the
taxing authority of the subdivision affected, or to the board of
public library trustees affected, as the action of the commission
under sections 5705.01 to 5705.47 of the Revised Code.
This section does not give the board of tax appeals any
authority to place any tax levy authorized by law within the
ten-mill limitation outside of that limitation, or to reduce any
levy below any minimum fixed by law.
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 communities 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. 5709.882. (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
5709.88 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 county 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 all of the following information:
(1) The number of enterprises that are subject to such
agreements and the number of full-time employees subject to those
agreements in the county or municipal corporation;
(2) 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.
(3) The number of agreements receiving compliance reviews
by the tax incentive review council in the municipal corporation
or county under section 5709.883 of the Revised Code 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 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, for the amount of payroll of the enterprise
attributable to these employees, and for remediating and
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 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, for the amount of payroll of the
enterprise attributable to these employees, and for remediating
and 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 such
recommendations that have not been followed;
(d) The number of agreements rescinded during the calendar
year for which the report is submitted.
(4) The number of enterprises that are subject to
agreements and the number of new employees hired and existing
employees retained by each such enterprise;
(5)(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 remediating
and establishing, expanding, renovating, or occupying a facility,
indicating separately for each such 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 remediating
and establishing, expanding, renovating, or occupying a facility.
(B) Upon the failure of a municipal corporation or county
to comply with division (A) of this section, both of the
following apply:
(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
5709.88 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 communities 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 contaminated
sites development 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
5709.88 of the Revised Code. In establishing the amount of the
fee, the director shall consider the state's cost of
administering this section and section 5709.88 of the Revised
Code. 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 contaminated sites
development 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 this section and
section 5709.88 of the Revised Code.
Sec. 5715.36. (A) Any expense incurred by the tax
commissioner as to the annual assessment of real property in any
taxing district shall be paid out of the treasury of the county
in which such district is located upon presentation of the order
of the commissioner certifying the amount thereof to the county
auditor, who shall thereupon issue his a warrant therefor upon
the general fund of the county and direct the warrant to the county
treasurer, who shall pay the same. All money paid out of the
county treasury under authority of this division and section
5703.30 of the Revised Code shall be charged against the proper
district, and amounts paid by the county shall be retained by the
auditor from funds due such district at the time of making the
semiannual distribution of taxes.
(B) Any expense incurred by the board of tax appeals as to
the hearing of any appeal from a county budget commission with
respect to the allocation of the local government or local communities fund or the
county library and local government support fund or county local libraries fund shall be paid
out of the treasury of the county involved upon presentation of
the order of the board certifying the amount thereof to the
county auditor, who shall thereupon issue his a warrant therefor
upon the general fund of the county and direct the warrant to the
county treasurer, who shall pay the same. At the time the local
government or local communities fund or the county library and local government
support fund or county local libraries fund is distributed, all money which had been paid out of
the county treasury for such expenses shall be deducted by the
county auditor from the fund involved in the appeal. The amount
so deducted by the county auditor shall be forthwith returned to
the general fund of the county.
(C) An amount equal to the sum of the expenses incurred by
the board of tax appeals as to any of the following shall be paid
out of the general fund of the county in which such property is
located upon presentation of the order of the board certifying
the amount thereof to the county auditor, who shall thereupon
issue his a warrant therefor upon the general fund of the county
and direct the warrant to the county treasurer, who shall pay the
same:
(1) The hearing of any appeal from a county board of
revision under section 5717.01 of the Revised Code;
(2) An appeal from any finding, computation,
determination, or order of the tax commissioner made with respect
to the assessment or exemption of real property under division
(B) of section 5715.61 and section 5717.02 of the Revised Code.
At the time of each settlement of taxes under divisions (A) and
(C) of section 321.24 of the Revised Code, there shall be
deducted from the taxes included in such settlement and paid into
the county general fund in the same manner as the fees allowed
the county treasurer on amounts included in such settlement, the
amounts paid out under this division since the preceding
settlement. Each deduction shall be apportioned among the taxing
districts within which the property that was the subject of the
appeal is located in proportion to their relative shares of their
respective taxes included in the settlement.
Sec. 5719.041. If the payment of a general personal
property or classified property tax is not made on or before the
last day prescribed by section 5719.03 or 5719.031 of the Revised
Code, an interest charge shall begin to accrue and shall continue
until all charges are paid, except that no interest charge shall
accrue for or in the month in which such payment was due under
such section or under the circumstances and for the period
described in division (A)(2) of section 5711.33 of the Revised
Code or upon delinquent taxes that are the subject of a delinquent tax
contract entered into pursuant to section 5719.05 of the Revised
Code.
The interest charge shall accrue against the balance of
such taxes and any penalty thereon outstanding that remains
unpaid on the last day of each month and shall be at the rate per
calendar month, rounded to the nearest one-hundredth of one per
cent, equal to one-twelfth of the federal short-term rate determined by the tax commissioner under
section 5703.47 of the Revised Code for the calendar year that
includes the month for which the charge accrues. The charge is
payable in addition to the unpaid balance of taxes and penalties
on the day the charge accrues, unless the entire balance is
sooner paid.
If a delinquent tax contract becomes void, interest shall be charged on the
day on which the contract becomes void in the amount that would have been
charged had the delinquent tax contract not been entered into and shall
thereafter accrue as provided in this section.
Interest shall be allowed, at the same rate per calendar
month as is applicable that month for underpayments, on any
overpayment of the tax charged on a general personal property or
a classified property tax duplicate, from the first day of the
month following the date of the overpayment until the last day of
the month preceding the date of the refund of the overpayment.
The interest shall be paid from the fund or funds to which the
overpayment was credited.
When the county treasurer makes the treasurer's annual
settlement with
the county auditor under division (D) of section 321.24 of the
Revised Code, the treasurer shall certify to the auditor a
list of all
entries on the cumulative delinquent tax duplicate that are at
that time in the process of being paid in installments under a
valid delinquent tax contract. For each entry that
appears on the duplicate
that is not on the certified list, the auditor shall compute the
full amount of interest charges which have accrued against such
entry since the preceding such settlement was made and shall
include such charges through the last day of the month preceding
the current settlement. The auditor shall include such amounts
on the tax list and duplicates prepared by the auditor as
prescribed in
section 5719.04 of the Revised Code unless the interest is less
than one dollar, in which case it shall not be added to such tax
lists and duplicates.
Before the county treasurer accepts any payment of taxes
against which there are accrued interest charges that do not
appear on the delinquent tax duplicate, the treasurer shall
notify the
auditor who shall issue a certificate to the treasurer showing
the amount of such interest charges, and the treasurer shall
collect the amount shown on such certificate at the time of accepting
payment of such taxes. If the amount of
such
interest charges is less than one dollar, no such certificate
shall be issued. In the case of delinquent personal property
taxes, the interest shown on such certificate shall be credited
to the undivided general tax fund, and distributed in the same
manner as the delinquent taxes upon which the interest charges
accrued. In the case of delinquent classified property taxes,
the interest shown on such certificate shall be credited to the
county library and local government support libraries fund and distributed
in accordance with section 5747.48 of the Revised Code. When the
payment of delinquent taxes is credited on the tax duplicate the
treasurer shall make a separate notation thereon indicating the
amount collected and the index number of the auditor's
certificate herein prescribed.
Sec. 5725.151. (A) As used in this section, "certificate owner" has the same meaning as in section 149.311 of the Revised Code.
(B) There is allowed a refundable credit against the tax imposed by section 5707.03 and assessed under section 5725.15 of the Revised Code for a dealer in intangibles subject to that tax that is a certificate owner of a rehabilitation tax credit certificate issued under section 149.311 of the Revised Code. The credit shall equal twenty-five per cent of the dollar amount indicated on the certificate. The credit shall be claimed in the calendar year specified in the certificate.
(C) A dealer in intangibles claiming a credit under this section shall retain the rehabilitation tax credit certificate for four years following the end of the year in which the credit was claimed, and shall make the certificate available for inspection by the tax commissioner upon the request of the tax commissioner during that period.
(D) For the purpose of division (C) of section 5725.24 of the Revised Code, reductions in the amount of taxes collected on account of credits allowed under this section 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 communities funds of the counties in which such taxes originate.
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 communities
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 communities 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 communities
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. 5727.45. 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 June 30, 2008, and three and one-half per cent for 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) of section 3314.08; 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; 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) 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.
(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. 5727.87. (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. 5733.48. (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. 5739.033. (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 vendor may irrevocably elect to comply with divisions (C) to (I) of this section for all of the vendor's sales and places of business in this state.
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 vendor with total delivery sales in calendar year 2005 that are less than thirty million 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, 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.
(C) Except
for sales, other than leases, of titled motor vehicles, titled
watercraft, or titled outboard motors as provided in section sections 5739.029 and
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. 5739.12. (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.
(3) Vendors of watercraft or outboard motors required to be titled under section 1548.06 of the Revised Code, dealers of motor vehicles required to be titled under section 4505.06 of the Revised Code, and dealers of off-highway motorcycles or all-purpose vehicles required to be titled under section 4519.55 of the Revised Code that submit to the clerk of the court of common pleas payment of the tax collected on sales of watercraft, outboard motors, motor vehicles, off-highway motorcycles, or all-purpose vehicles may, when computing the discount provided for in division (B)(1) of this section, include those sales on the return for the period in which the sales were made. If the tax reported to be due on the return is less than the discount allowed under this section, the vendor or dealer may file a claim for refund of any unused discount in the manner provided in section 5739.07 of the Revised Code, provided that such refund claims may not be filed more frequently than twice per year by a vendor or dealer.
(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. 5739.21. (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. 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 and in any county that shares a border with a state in which the total rate of excise tax on cigarettes is less than the rate imposed under sections 5743.02 and 5743.32 of the Revised Code by at least forty-five mills per cigarette.
(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)(9) 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) 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, 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.
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. 5743.331. Notwithstanding any other section in this chapter to the contrary, a person may use, store, or consume cigarettes with a wholesale value of not more than three hundred dollars in any month and not for resale in any qualifying border county without incurring liability for any tax levied under this chapter, and is not required to file any return that otherwise would be required under this chapter.
As used in this section, "qualifying border county" is any county that shares a border with a state in which the total rate of excise tax on cigarettes is less than the rate imposed by sections 5743.02 and 5743.32 of the Revised Code by at least forty-five mills per cigarette.
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. 5747.03. (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 communities fund;
(d) 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 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 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 libraries 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. 5747.46. As used in sections 5747.46 and 5747.47 of
the Revised Code:
(A) "Year's fund balance" means the amount credited to the
library and local government support libraries fund during a calendar year.
(B) "Distribution year" means the calendar year during
which a year's fund balance is distributed under section 5747.47
of the Revised Code.
(C) "CPI" means the consumer price index for all urban
consumers (United States city average, all items), prepared by
the United States department of labor, bureau of labor
statistics.
(D) "Inflation factor" means the quotient obtained by
dividing the CPI for May of the year preceding the distribution
year by the CPI for May of the second preceding year. If the the
quotient so obtained is less than one, the inflation factor shall
equal one.
(E) "Population" means whichever of the following has most
recently been issued, as of the first day of June preceding the
distribution year:
(1) The most recent decennial census figures that include
population figures for each county in the state;
(2) The most current issue of "Current Population Reports:
Local Population Estimates" issued by the United States bureau of
the census that contains population estimates for each county in
the state and the state.
(F) "County's equalization ratio for a distribution year"
means a percentage computed for that county as follows:
(1) Square the per cent that the county's population is of
the state's population;
(2) Divide the product so obtained by the per cent that
the county's total entitlement for the preceding year is of all
counties' total entitlements for the preceding year;
(3) Divide the quotient so obtained by the sum of the
quotients so obtained for all counties.
(G) "Total entitlement" means, with respect to a
distribution year, the sum of a county's guaranteed share plus
its share of the excess.
(1) "Guaranteed share" means, for a distribution year, the
product obtained by multiplying a county's total entitlement for
the preceding distribution year by the inflaction factor. If the
sum of the guaranteed shares for all counties exceeds the year's
fund balance, the guaranteed shares of all counties shall be
reduced by a percentage that will result in the sum of such
guaranteed shares being equal to the year's fund balance.
(2) "Share of excess" means, for a distribution year, the
product obtained by multiplying a county's equalization ratio by
the difference between the year's fund balance and the sum of the
guaranteed shares for all counties. If the sum of the guaranteed
shares for all counties exceeds the year's fund balance the share
of the excess for all counties is zero.
(H) "Net distribution" means the sum of the payments made
to a county's library and local government support libraries fund during a
distribution year, adjusted as follows:
(1) If the county received an overpayment during the
preceding distribution year, add the amount of the overpayment;
(2) If the county received an underpayment during the
preceding distribution year, deduct the amount of the
underpayment.
(I) "Overpayment" or "underpayment" for a distribution
year means the amount by which the net distribution to a county's
library and local government support libraries fund during that
distribution year exceeded or was less than the county's total
entitlement for that year.
All computations made under this section shall be rounded
to the nearest one-hundredth of one per cent.
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 libraries 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. 5747.48. On the fifteenth day of each month, the
county treasurer shall distribute the balance in the county
library and local government support libraries fund among the county,
boards of public library trustees, municipal corporations, and
boards of township park commissioners for which the county budget
commission has fixed an allocation from the fund in that year in
accordance with section 5705.32 of the Revised Code in the same
proportions that each such entity's allocation as fixed by the
commission is of the total of all such allocations in that year.
All money received into the treasury of a municipal
corporation or county shall be credited to the general fund
therein, provided that in a municipal corporation there shall be
credited to the funds established under division (D) of section
5705.09 of the Revised Code a portion of the total amount to be
credited to funds of the municipal corporation, which portion
shall be determined by multiplying the total amount to be
credited by the percentage that the funds credited under division
(D) of said section in 1938 bore to all the funds credited under
said section in 1938. If a municipal corporation is in default
with respect to the principal or interest of any outstanding
notes or bonds, the moneys distributed under this section shall
be credited to the funds established under divisions (A), (B),
(C), and (D) of section 5705.09 of the Revised Code, in the same
proportion in which the funds derived from the levy for the
previous year on the general tax list and duplicate are divided.
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 communities 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 communities 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 communities fund additional revenue distribution base available during that month" means the total amount available for distribution to counties during the month from the local communities fund, less any amounts to be distributed in that month from the local communities fund under division (B)(1) of this section, provided that the local communities 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 communities 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 communities fund additional revenue formula multiplied by the local communities 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 communities 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 communities 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 communities 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 communities 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 communities 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 communities fund for distribution
to each undivided local communities 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 communities 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 communities 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 communities fund to be allocated to the undivided local
government communities fund of each county for the ensuing calendar year and
the estimated amount to be received by the undivided local
government communities 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 communities 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 communities 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 communities 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 communities 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 libraries 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 communities 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 communities 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 communities 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 communities 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 communities 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 communities 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 communities 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 communities 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 communities 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 communities 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 communities 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 communities 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. 5747.52. The form used by the county budget
commission to calculate subdivision shares of the undivided local
government communities fund as apportioned pursuant to section 5747.51 of the
Revised Code shall be as follows:
Calculation of (name of subdivision) share of
undivided local government communities fund for
(name of county) county
Authorized expenditure for subdivision |
|
Total |
1. Estimated expenditures from general fund |
|
..... |
2. Estimated expenditures from special funds other than those
established for road and bridge, street construction, maintenance, and state
highway improvement, and for gas, water, sewer, and electric public utilities |
|
..... |
3. Total |
|
..... |
Deductions from authorized expenditures |
|
|
4. Expenditures for permanent improvements |
|
..... |
5. Transfers to road and bridge fund (counties and townships only) |
|
..... |
6. Transfers to street construction, maintenance, and repair, and
state
highway improvements funds |
|
..... |
7. Expenditures for the payment of debt charges |
|
..... |
8. Expenditures for the payment of judgments |
|
..... |
9. Taxes levied inside the "ten-mill limitation" |
|
..... |
10. Budget commission allocation of estimated county library and local
government support libraries fund revenues |
|
..... |
11. Estimated unemcumbered balances as of December 31 of current year
in the general funds as stated in the tax budget |
|
..... |
12. Revenue, including transfers, shown in the general fund or any
special funds other than special funds established for road and bridge, street
construction, maintenance, and repair, and state highway improvement, and for
gas, water, sewer, and electric public utilities, from all other sources
except those from additional taxes or service charges voted by electorate as
defined in division (E)(4) of section 5747.51 of the Revised Code, and except
revenue from special assessment and revenue bond collections |
|
..... |
13. Total |
|
..... |
Calculation of subdivision share |
|
|
14. Relative need of subdivision (line 3 less line 13) |
|
..... |
15. Relative need factor for county (total estimate of undivided local
government communities fund divided by total relative need of all participating
subdivisions) |
|
..... |
16. Proportionate share of subdivision (relative need of subdivision
multiplied by relative need factor) |
|
..... |
17. After any adjustments necessary to comply with statutory maximum
share allowable to county |
|
..... |
18. After any adjustments necessary to comply with statutory minimum
share allowable to townships |
|
..... |
19. After any adjustments necessary to comply with minimum guarantee in
division (I) of section 5747.51 of the Revised Code |
|
..... |
20. Proportionate share of subdivision (line 16, 17, 18, or 19,
whichever is appropriate) |
|
..... |
Sec. 5747.53. (A)
As used in this section:
(1) "City,
located wholly or partially in the county, with
the greatest population" means
the city, located wholly or
partially in the
county, with the greatest population residing in
the county; however, if the
county budget commission on or before
January 1, 1998, adopted an
alternative method of apportionment
that was approved by the legislative
authority of the city,
located partially in the county, with the greatest
population but
not the greatest population residing in the county, "city,
located
wholly or partially in the county, with the greatest population"
means the city, located wholly or partially in
the
county, with
the greatest population whether residing in the county or not, if
this alternative meaning is adopted by action of the board of
county
commissioners and a majority of the boards of township
trustees and
legislative
authorities of municipal corporations
located wholly or partially in the
county. If the county budget commission adopted a method or formula for apportioning the undivided local government fund under this section as this section existed on the effective date of its amendment by H.B. 119 of the 127th general assembly, and, if it were not for the amendment replacing "undivided local government fund" with "undivided local communities fund" the undivided local government fund would have been apportioned among subdivisions eligible to participate in the fund on the basis of such method or formula, then such method or formula shall be used to apportion the undivided local communities fund among subdivisions eligible to participate in the fund.
(2)
"Participating political subdivision" means a municipal
corporation or
township that satisfies all of the following:
(a)
It is located wholly or partially in the county.
(b)
It is not the city, located wholly or partially in the
county, with the greatest population.
(c)
Undivided local government communities fund moneys are apportioned
to
it
under the county's alternative method or formula of
apportionment in the
current calendar year.
(B)
In lieu of the method of apportionment
of the undivided
local government communities fund of the county provided by
section 5747.51 of
the Revised Code, the county budget commission
may provide for the
apportionment of
the fund under an
alternative method or on a
formula basis as authorized by this
section.
Except as otherwise provided in division
(C) of this section,
the alternative method of
apportionment shall have
first been
approved by all of the following governmental units:
the board of
county commissioners; the legislative authority of
the city,
located wholly or partially in the county, with the
greatest
population; and a majority of the
boards of township
trustees and
legislative authorities of municipal corporations,
located wholly
or partially in the county, excluding the
legislative authority of
the city,
located wholly or partially in
the county, with the
greatest population.
In
granting or denying
approval
for an
alternative method of
apportionment, the board of county
commissioners, boards of township trustees, and legislative
authorities of municipal corporations shall act by motion. A
motion to approve shall be passed upon a majority vote of the
members of a board of county commissioners, board of township
trustees, or legislative authority of a municipal corporation,
shall take effect immediately, and need not be published.
Any alternative
method of apportionment adopted and approved
under this
division
may be revised, amended, or repealed
in the
same manner as it may
be adopted and approved.
If an alternative
method of
apportionment
adopted and
approved
under this
division
is repealed,
the
undivided
local
government communities fund of the county
shall be
apportioned among the
subdivisions eligible to
participate
in the fund,
commencing in the ensuing calendar year,
under the
apportionment
provided in section 5747.52 of the Revised
Code,
unless
the repeal
occurs by operation of division (C) of
this
section or a new
method for apportionment of
the fund
is
provided in
the
action of repeal.
(C)
This division applies only in counties in which the
city,
located wholly or partially in the county, with the greatest
population has a
population of twenty thousand or less and a
population that is less
than fifteen per cent of
the total
population of the county. In
such a county, the
legislative
authorities or boards of township
trustees of two or
more
participating political subdivisions, which together have a
population residing in the county that is a majority of the total
population of the county, each may adopt a resolution to exclude
the approval otherwise required of the legislative authority of
the city, located wholly or partially in the county, with the
greatest population. All of the resolutions to exclude that
approval shall be adopted not later than the first
Monday of
August of the year preceding the calendar year in which
distributions
are to be made under
an alternative method of
apportionment.
A motion granting or denying approval of an
alternative
method of apportionment under this division shall be adopted by a
majority vote of the members of the board of county commissioners
and by a majority vote of a majority of the boards of township
trustees and legislative authorities of the municipal corporations
located wholly or partially in the county, other than the city,
located wholly or partially in the county, with the greatest
population, shall take effect immediately, and need not be
published. The alternative method of apportionment under this
division shall
be adopted and approved annually, not later than
the first
Monday
of August of the year preceding the calendar year
in which
distributions are to be made under it. A motion granting
approval of an
alternative method of apportionment under this
division repeals any
existing alternative method of apportionment,
effective with distributions to
be made from the fund in the
ensuing calendar year. An
alternative method of
apportionment
under this division shall not be revised or
amended after the
first Monday of August of the year
preceding the calendar year in
which distributions are to be made under
it.
(D)
In determining
an alternative method
of
apportionment
authorized by this section, the county budget
commission may
include in
the method any factor considered to
be
appropriate
and
reliable, in the sole discretion of the county
budget
commission.
(E) The limitations set forth in section 5747.51 of the
Revised Code, stating the maximum amount that the county may
receive from
the undivided local government communities fund and the
minimum
amount the townships in
counties having a population of
less than
one hundred thousand
may receive from
the fund, are
applicable to
any
alternative
method of
apportionment authorized
under this
section.
(F) On the basis of any alternative
method of
apportionment
adopted
and approved as authorized by this section,
as certified
by the
auditor to the county treasurer, the county
treasurer shall
make
distribution of the money in the undivided
local government communities
fund
to each subdivision eligible to participate
in
the fund,
and
the
auditor, when the amount of
those
shares is in the custody
of
the
treasurer in the amounts so
computed to be due the respective
subdivisions, shall at the same
time certify to the tax
commissioner the percentage share of the
county as a subdivision.
All money received into the treasury of
a subdivision from the
undivided local government communities 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,
the
university,
when
the board of trustees
so requests the legislative
authority of
the municipal
corporation, shall participate in the
money
apportioned to
the
municipal corporation from the total
local
government communities fund,
however created and constituted, in
the
amount
requested by the
board of trustees, provided
that
amount does not
exceed nine per
cent of the total amount
paid to the municipal
corporation.
(G) The actions of the
county budget commission
taken
pursuant to
this section are final and may not be appealed to the
board of
tax appeals, except on the issues of abuse of discretion
and
failure to comply with the formula.
Sec. 5747.54. The tax commissioner shall not distribute may withhold distributions of
local government communities 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 communities 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 communities 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 communities
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. 5747.55. The action of the county budget commission
under sections 5747.51 and 5747.62 of the Revised Code may be
appealed to the board of tax appeals in the manner and with the
effect provided in section 5705.37 of the Revised Code, in
accordance with the following rules:
(A) The notice of appeal shall be signed by the authorized
fiscal officer and shall set forth in clear and concise language:
(1) A statement of the action of the budget commission
appealed from, and the date of the receipt by the subdivision of
the official certificate or notice of such action;
(2) The error or errors the taxing district believes the
budget commission made;
(3) The specific relief sought by the taxing district.
(B) The notice of appeal shall have attached thereto:
(1) A certified copy of the resolution of the taxing
authority authorizing the fiscal officer to file the appeal;
(2) An exact copy of the official certificate, or notice
of the action of the budget commission appealed from;
(3) An exact copy of the budget request filed with the
budget commission by the complaining subdivision, with the date
of filing noted thereon.
(C) There shall also be attached to the notice of appeal a
statement showing:
(1) The name of the fund involved, the total amount in
dollars allocated, and the exact amount in dollars allocated to
each participating subdivision;
(2) The amount in dollars which the complaining
subdivision believes it should have received;
(3) The name of each participating subdivision, as well as
the name and address of the fiscal officer thereof, that the
complaining subdivision believes received more than its proper
share of the allocation, and the exact amount in dollars of such
alleged over-allocation.
(D) Only the participating subdivisions named pursuant to
division (C) of this section are to be considered as appellees
before the board of tax appeals and no change shall, in any
amount, be made in the amount allocated to participating
subdivisions not appellees.
(E) The total of the undivided local government fund or,
undivided local government revenue assistance fund, or local communities fund to be
allocated by the board of tax appeals upon appeal is the total of
that fund allocated by the budget commission to those
subdivisions which are appellants and appellees before the board
of tax appeals.
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 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 or 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 entity that is a taxpayer 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 one-tenth 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 one-tenth 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. 5748.021. A board of education that levies a tax under section 5748.02 of the Revised Code on the school district income of individuals and estates as defined in divisions (G) and (E)(1)(a) and (2) of section 5748.01 of the Revised Code may declare, at any time, by a resolution adopted by a majority of its members, the necessity of raising annually a specified amount of money for school district purposes by replacing the existing tax with a tax on the school district income of individuals as defined in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the Revised Code. The specified amount of money to be raised annually may be the same as, or more or less than, the amount of money raised annually by the existing tax.
The board shall certify a copy of the resolution to the tax commissioner not later than the eighty-fifth day before the date of the election at which the board intends to propose the replacement to the electors of the school district. Not later than the tenth day after receiving the resolution, the tax commissioner shall estimate the tax rate that would be required in the school district annually to raise the amount of money specified in the resolution. The tax commissioner shall certify the estimate to the board.
Upon receipt of the tax commissioner's estimate, the board may propose, by a resolution adopted by a majority of its members, to replace the existing tax on the school district income of individuals and estates as defined in divisions (G) and (E)(1)(a) and (2) of section 5748.01 of the Revised Code with the levy of an annual tax on the school district income of individuals as defined in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the Revised Code. In the resolution, the board shall specify the rate of the replacement tax, whether the replacement tax is to be levied for a specified number of years or for a continuing time, the specific school district purposes for which the replacement tax is to be levied, the date on which the replacement tax will begin to be levied, the date of the election at which the question of the replacement is to be submitted to the electors of the school district, that the existing tax will cease to be levied and the replacement tax will begin to be levied if the replacement is approved by a majority of the electors voting on the replacement, and that if the replacement is not approved by a majority of the electors voting on the replacement the existing tax will remain in effect under its original authority for the remainder of its previously approved term. The resolution goes into immediate effect upon its adoption. Publication of the resolution is not necessary, and the information that will be provided in the notice of election is sufficient notice. At least seventy-five days before the date of the election at which the question of the replacement will be submitted to the electors of the school district, the board shall certify a copy of the resolution to the board of elections.
The replacement tax shall have the same specific school district purposes as the existing tax, and its rate shall be the same as the tax commissioner's estimate rounded to the nearest one-fourth one-tenth of one per cent. The replacement tax shall begin to be levied on the first day of January of the year following the year in which the question of the replacement is submitted to and approved by the electors of the school district or on the first day of January of a later year, as specified in the resolution. The date of the election shall be the date of an otherwise scheduled primary, general, or special election.
The board of elections shall make arrangements to submit the question of the replacement to the electors of the school district on the date specified in the resolution. The board of elections shall publish notice of the election on the question of the replacement in one or more newspapers of general circulation in the school district once a week for four consecutive weeks. The notice shall set forth the question to be submitted to the electors and the time and place of the election thereon.
The question shall be submitted to the electors of the school district as a separate proposition, but may be printed on the same ballot with other propositions that are submitted at the same election, other than the election of officers. The form of the ballot shall be substantially as follows:
"Shall the existing tax of ..... (state the rate) on the school district income of individuals and estates imposed by ..... (state the name of the school district) be replaced by a tax of ..... (state the rate) on the earned income of individuals residing in the school district for ..... (state the number of years the tax is to be in effect or that it will be in effect for a continuing time), beginning ..... (state the date the new tax will take effect), for the purpose of ..... (state the specific school district purposes of the tax)? If the new tax is not approved, the existing tax will remain in effect under its original authority, for the remainder of its previously approved term.
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For replacing the existing tax with the new tax |
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Against replacing the existing tax with the new tax |
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The board of elections shall conduct and canvass the election in the same manner as regular elections in the school district for the election of county officers. The board shall certify the results of the election to the board of education and to the tax commissioner. If a majority of the electors voting on the question vote in favor of the replacement, the existing tax shall cease to be levied, and the replacement tax shall begin to be levied, on the date specified in the ballot question. If a majority of the electors voting on the question vote against the replacement, the existing tax shall continue to be levied under its original authority, for the remainder of its previously approved term.
A board of education may not submit the question of replacing a tax more than twice in a calendar year. If a board submits the question more than once, one of the elections at which the question is submitted shall be on the date of a general election.
If a board of education later intends to renew a replacement tax levied under this section, it shall repeat the procedure outlined in this section to do so, the replacement tax then being levied being the "existing tax" and the renewed replacement tax being the "replacement tax."
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-tenth 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. 5748.04. (A) The question of the repeal of a school
district income tax levied for more than five years may be
initiated not more than once in any five-year period by filing
with the board of elections of the appropriate counties not later
than seventy-five days before the general election in any year
after the year in which it is approved by the electors a petition
requesting that an election be held on the question. The
petition
shall be signed by qualified electors residing in the
school
district levying the income tax equal in number to ten per
cent of
those voting for governor at the most recent
gubernatorial
election.
The board of elections shall determine whether the petition
is valid, and if it so determines, it shall submit the question
to
the electors of the district at the next general election.
The
election shall be conducted, canvassed, and certified in the
same
manner as regular elections for county offices in the
county.
Notice of the election shall be published in a newspaper
of
general circulation in the district 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,
time, and place of the election. The form of the ballot cast
at the election shall be as follows:
"Shall the annual income tax of ..... per cent, currently
levied on the school district income of individuals and estates
by
.......... (state the name of the school district) for the
purpose
of .......... (state purpose of the tax), be repealed?
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For repeal of the income tax |
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Against repeal of the income tax |
" |
(B)(1) If the tax is imposed on taxable income as defined in division (E)(1)(b) of section 5748.01 of the Revised Code, the form of the ballot shall be modified by stating that the tax currently is levied on the "earned income of individuals residing in the school district" in lieu of the "school district income of individuals and estates."
(2) If the rate of one or more property tax levies was reduced
for the duration of the income tax levy pursuant to division
(B)(2) of section 5748.02 of the Revised Code, the form of the
ballot shall be modified by adding the following language
immediately after
"repealed":
", and shall the rate of an
existing tax on property for the purpose of current expenses,
which rate was reduced for the duration of the income tax, be
INCREASED from ..... mills to ..... mills per one dollar of
valuation beginning in ..... (state the first year for which the
rate of the property tax will increase)." In lieu of
"for repeal
of the income tax" and
"against repeal of the income tax," the
phrases
"for the issue" and
"against the issue," respectively,
shall be substituted.
(3) If the rate of more than one property tax was reduced for
the
duration of the income tax, the ballot language shall be
modified
accordingly to express the rates at which those taxes
currently
are levied and the rates to which the taxes would be
increased.
(C) The question covered by the petition shall be submitted as
a
separate proposition, but it may be printed on the same ballot
with any other proposition submitted at the same election other
than the election of officers. If a majority of the qualified
electors voting on the question vote in favor of it, the result
shall be certified immediately after the canvass by the board of
elections to the board of education of the school district and
the
tax commissioner, who shall thereupon, after the current
year,
cease to levy the tax, except that if notes have been
issued
pursuant to section 5748.05 of the Revised Code the tax
commissioner shall continue to levy and collect under authority
of
the election authorizing the levy an annual amount, rounded
upward
to the nearest one-fourth one-tenth of one per cent, as will be
sufficient
to pay the debt charges on the notes as they fall due.
(D) If a school district income tax repealed pursuant to this
section was approved in conjunction with a reduction in the rate
of one or more school district property taxes as provided in
division (B)(2) of section 5748.02 of the Revised Code, then each
such property tax may be levied after the current year at the
rate
at which it could be levied prior to the reduction, subject
to any
adjustments required by the county budget commission
pursuant to
Chapter 5705. of the Revised Code. Upon the repeal
of a school
district income tax under this section, the board of
education may
resume levying a property tax, the rate of which
has been reduced
pursuant to a question approved under section
5748.02 of the
Revised Code, at the rate the board originally was
authorized to
levy the tax. A reduction in the rate of a
property tax under
section 5748.02 of the Revised Code is a
reduction in the rate at
which a board of education may levy that
tax only for the period
during which a school district income tax
is levied prior to any
repeal pursuant to this section. The
resumption of the authority
to levy the tax upon such a repeal
does not constitute a tax
levied in excess of the one per cent
limitation prescribed by
Section 2 of Article XII, Ohio
Constitution, or in excess of the
ten-mill limitation.
(E) This section does not apply to school district income tax
levies that are levied for five or fewer years.
Sec. 5748.08. (A) The
board of education of a city, local,
or exempted village school
district, at any time by a vote of
two-thirds of all its
members, may declare by resolution that it
may be necessary for
the school district to do all of the
following:
(1) Raise a specified amount of money for school district
purposes by levying an annual tax on school district income;
(2) Issue general obligation bonds for permanent
improvements, stating in the resolution the necessity and purpose
of
the bond issue and the amount, approximate date, estimated rate
of interest, and maximum number of years over which the
principal
of the bonds may be paid;
(3) Levy a tax outside the ten-mill limitation to pay
debt
charges on the bonds and any anticipatory
securities;
(4) Submit the question of the school district income tax
and bond issue to the electors of the district at a special
election.
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.
On adoption of the resolution, the board shall certify a
copy
of it to the tax commissioner and the county auditor no
later than
ninety days prior to the date of the special
election at which the
board intends to propose the income tax
and bond issue. Not later
than ten days of receipt of the
resolution, the tax commissioner,
in the same manner as required
by division (A) of section 5748.02
of the Revised
Code, shall estimate the rates
designated in
divisions (A)(1)
and (2) of that section and certify them to the
board. Not
later than ten days of receipt of the resolution, the
county
auditor shall estimate and certify to the board the average
annual property tax rate required throughout the stated maturity
of the bonds to pay debt charges on the bonds, in the same
manner
as under division (C) of section 133.18 of the Revised Code.
(B) On receipt of the tax commissioner's and county
auditor's certifications
prepared under division (A) of this
section, the board of education of the city, local, or exempted
village school district, by a vote of two-thirds of all its
members, may adopt a resolution proposing for a specified number
of years or
for a continuing period of time the levy of an annual
tax for school district purposes on school district income
and declaring that the amount of
taxes
that can be raised within the ten-mill limitation will be
insufficient to provide an adequate amount for the present and
future requirements of the school district; that it is necessary
to issue general obligation bonds of the school district for
specified permanent improvements and to levy an additional tax
in
excess of the ten-mill limitation to pay the debt charges on
the
bonds and any anticipatory securities; and that the question of
the bonds
and taxes shall be
submitted to the electors of the
school district at a special
election, which shall not be earlier
than seventy-five days after
certification of the resolution to
the board of elections, and
the date of which shall be consistent
with section 3501.01 of
the Revised Code. The resolution shall
specify all of
the following:
(1) The purpose for which the school district income tax
is
to be imposed and the rate of the tax, which shall be the
rate set
forth in the tax commissioner's certification rounded
to the
nearest one-fourth one-tenth of one per cent;
(2) 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.
(3) The number of years the tax will be levied, or that
it
will be levied for a continuing period of time;
(4) 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;
(5) The county auditor's estimate of the average annual
property tax rate required throughout the stated maturity of the
bonds to pay debt charges on the bonds.
(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, the board of
education shall certify a copy of the resolution, along with
copies of the auditor's estimate and its resolution under
division
(A) of this section,
to the board of elections of the proper
county. The board of
education shall make the arrangements for
the submission of the
question to the electors of the school
district, and the
election shall be conducted, canvassed, and
certified in the
same manner as regular elections in the district
for the
election of county officers.
The resolution shall be put before the electors as one
ballot
question, with a majority vote indicating approval of the
school
district income tax, the bond issue, and the levy to pay
debt
charges on the bonds and any anticipatory securities. The board
of
elections shall publish
the notice of the election in one or
more newspapers of general
circulation in the school district once
a week for
two consecutive weeks prior to the election and, if the board of elections operates and maintains a web site, also shall post notice of the election on its web site for thirty days prior to the election. The notice of election shall
state all of the
following:
(1) The questions to be submitted to the electors;
(2) The rate of the school district income tax;
(3) The principal amount of the proposed bond
issue;
(4) The permanent improvements for which the
bonds are to be
issued;
(5) The maximum number of years over which the principal
of
the bonds may be paid;
(6) The estimated additional average annual property tax
rate to pay the debt charges on the bonds, as certified by the
county auditor;
(7) The time and place of the special election.
(D) The form of the
ballot on a question submitted to the
electors under this
section shall be as follows:
"Shall the ........ school district be authorized to do both
of the following:
(1) Impose an annual income tax of ...... (state the
proposed rate of tax) on the school district income of
individuals
and of estates, for ........ (state the number of
years the tax
would be levied, or that it would be levied for a
continuing
period of time), beginning ........ (state the date
the tax would
first take effect), for the purpose of ........
(state the purpose
of the tax)?
(2) Issue bonds for the purpose of ....... in the
principal
amount of $......, to be repaid annually over a
maximum period of
....... years, and levy a property tax
outside the ten-mill
limitation estimated by the county
auditor to average over the
bond repayment period ....... mills
for each one dollar of tax
valuation, which amounts to .......
(rate expressed in cents or
dollars and cents, such as
"36 cents" or
"$1.41")
for each $100 of
tax valuation, to pay the annual debt charges on the bonds,
and to
pay debt charges on any notes issued in anticipation of those
bonds?
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FOR THE INCOME TAX AND BOND ISSUE |
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AGAINST THE INCOME TAX AND BOND ISSUE |
" |
(E) If the question submitted to electors proposes a school district income tax only on the taxable income of individuals as defined in division (E)(1)(b) of section 5748.01 of the Revised Code, the form of the ballot shall be modified by stating that the tax is to be levied on the "earned income of individuals residing in the school district" in lieu of the "school district income of individuals and of estates."
(F) The board of
elections promptly shall certify the
results of the election to
the tax commissioner and the county
auditor of the county in
which the school district is located. If
a majority of the
electors voting on the question vote in favor of
it, the income
tax and the applicable provisions of Chapter 5747.
of the
Revised Code shall take effect on the
date specified in the
resolution, and the board of education may
proceed with issuance
of the bonds and with the levy and
collection of the property
taxes to pay debt charges on the
bonds, at the additional rate or
any lesser rate in excess of
the ten-mill limitation. Any
securities issued by the board of
education under this section are
Chapter 133. securities, as
that term is defined in section 133.01
of the Revised
Code.
(G) After approval of
a question under this section, the
board of education may
anticipate a fraction of the proceeds of
the school district
income tax in accordance with section 5748.05
of the
Revised Code. Any anticipation notes under this division
shall be issued as provided in section 133.24 of the
Revised Code,
shall have principal
payments during each year after the year of
their issuance over
a period not to exceed five years, and may
have a principal
payment in the year of their issuance.
(H) The question of
repeal of a school district income tax
levied for more than five
years may be initiated and submitted in
accordance with section
5748.04 of the Revised
Code.
(I) No board of
education shall submit a question under this
section to the
electors of the school 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.
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 divisions (A), (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% |
70.0% |
10.6% |
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% |
0% |
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, 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 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, 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, 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) 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.
(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. 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. 6121.043. If a governmental agency fails to pay any
charge imposed pursuant to an order issued under section 6121.041
of the Revised Code within sixty days of the date due, such
charge shall be deducted from the amount of the undivided local
government communities fund to which the agency is entitled pursuant to
section 5747.51 or 5747.53 of the Revised Code, and shall be paid
directly to the Ohio water development authority. If a person
fails to pay a charge within sixty days of the date due, the
authority shall certify such charge to the county auditor, who
shall place the charge on the real property tax list and
duplicate against the property served. Such charge becomes a
lien on such property from the date it is certified by the
authority, and shall be collected in the manner that taxes are
ordinarily collected and forwarded to the authority.
Any revenues or other moneys pledged against obligations
which are collected by the authority in the operation of a single
or regional system of waste water facilities shall first be
applied to the payment of debt service on such obligations. No
action of the authority relieves a governmental agency of any
duty which it may have to pay such obligations.
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, 118.01, 118.08, 118.17, 118.20, 118.23, 119.07, 120.33, 122.17, 122.171, 122.602, 124.152, 125.45, 125.93, 125.96, 125.97, 125.98, 126.07, 126.08, 126.16, 126.21, 126.22, 127.14, 127.16, 131.44, 133.01, 133.10, 133.25, 135.35, 135.352, 151.08, 151.40, 152.31, 156.02, 164.03, 164.05, 164.051, 164.08, 164.09, 166.08, 173.04, 173.35, 173.85, 173.86, 174.03, 174.06, 183.01, 183.021, 183.17, 183.33, 183.34, 183.35, 307.021, 307.37, 307.695, 307.6910, 307.98, 307.981, 308.04, 317.08, 319.202, 319.281, 319.54, 321.08, 322.01, 323.151, 323.152, 323.153, 323.154, 325.31, 329.04, 329.05, 329.14, 340.03, 505.376, 517.08, 521.01, 709.191, 711.05, 711.10, 711.131, 718.13, 742.301, 1503.05, 1504.02, 1506.01, 1506.99, 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, 1548.06, 1555.08, 1557.03, 1901.34, 2151.362, 2913.40, 2921.42, 2927.023, 2935.03, 3109.04, 3109.041, 3119.022, 3119.023, 3119.27, 3119.29, 3119.30, 3125.12, 3301.0711, 3301.0714, 3301.53, 3302.03,
3302.10, 3311.24, 3313.41, 3313.603, 3313.615, 3313.64, 3313.646, 3313.66, 3313.661, 3313.98, 3314.015, 3314.02, 3314.074, 3314.08, 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, 3317.04, 3317.06, 3317.08, 3317.16, 3317.20, 3317.201, 3318.12, 3318.15, 3318.26, 3319.55, 3323.01, 3323.11, 3327.05, 3333.04, 3333.122, 3333.38, 3357.01, 3365.01, 3375.05, 3375.121, 3375.40, 3375.85, 3381.04, 3501.17, 3701.74, 3701.741, 3701.83, 3702.52, 3702.5211, 3702.5212, 3702.5213, 3702.57, 3702.63, 3702.68, 3704.03, 3704.14, 3705.24, 3709.09, 3709.091, 3721.51, 3721.541, 3721.56, 3734.57, 3735.672, 3745.11, 3769.087, 3770.03, 3770.06, 3905.36, 4123.35, 4141.09, 4301.43, 4503.06, 4503.061, 4503.064, 4503.065, 4503.066, 4503.067, 4503.10, 4503.102, 4503.35, 4505.06, 4513.263, 4513.35, 4519.55, 4715.251, 4717.07, 4723.621, 4723.63, 4723.64, 4723.65, 4723.66, 4731.142, 4731.22, 4736.01, 4743.05, 4755.03, 4766.05, 4775.08, 4921.40, 5101.162, 5101.21, 5101.211, 5101.212, 5101.213, 5101.24, 5101.242, 5101.244, 5101.571, 5101.572, 5101.58, 5101.59, 5101.802, 5101.98,
5104.30, 5107.02, 5107.03, 5107.05, 5107.10, 5107.12, 5107.14, 5107.16, 5107.17, 5107.281, 5107.30, 5107.36, 5107.41, 5107.42, 5111.01, 5111.014, 5111.016, 5111.019, 5111.0112, 5111.023, 5111.03, 5111.06, 5111.084, 5111.10, 5111.101, 5111.163, 5111.17, 5111.172, 5111.20, 5111.871, 5111.8814, 5111.891, 5111.95, 5111.96, 5112.341, 5115.12, 5119.611, 5123.01, 5123.043, 5123.045, 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, 5163.603, 5123.604, 5123.99, 5126.038, 5126.042, 5126.046, 5126.054, 5126.055, 5126.056, 5126.057, 5126.06, 5126.11, 5126.12, 5126.15, 5126.18, 5126.19, 5126.25, 5126.40, 5126.42, 5126.43, 5126.45, 5126.47, 5139.27, 5139.271, 5139.43, 5302.30, 5528.54, 5531.10, 5537.04, 5537.16, 5537.99, 5705.28, 5705.281, 5705.29, 5705.30, 5705.31, 5705.32, 5705.321, 5705.37, 5705.44, 5709.68, 5709.882, 5715.36, 5719.041, 5725.151, 5725.24, 5727.45, 5727.81, 5727.84, 5727.85, 5727.87, 5733.12, 5733.98, 5739.02, 5739.033, 5739.12, 5739.21, 5741.02, 5741.03, 5743.01, 5743.20, 5743.331, 5745.02, 5745.05, 5745.13, 5747.03, 5747.46, 5747.47, 5747.48, 5747.50, 5747.501, 5747.51, 5747.52, 5747.53, 5747.54, 5747.55, 5747.98, 5748.01, 5748.02, 5748.021, 5748.04, 5748.08, 5751.20, 5751.21, 5751.23, 5907.15, 6109.21, 6111.04, 6111.44, 6121.04, 6121.043, and 6131.23 of the Revised Code are hereby repealed.
Section 105.01. That sections 125.95, 183.02, 183.27, 183.32, 3318.47, 3318.48, 3318.49, 3333.29, 3718.01, 3718.02, 3718.021, 3718.03, 3718.04, 3718.05, 3718.06, 3718.07, 3718.08, 3718.09, 3718.10, 3718.99, 4911.021, 5111.161, 5123.16, 5123.182, 5123.199, 5126.035, 5126.036, 5126.053, 5126.431, 5126.44, 5126.451, 5747.61, 5747.62, 5747.63, and 6111.441 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 110.07. That the version of section 127.16 of the Revised Code that is scheduled to take effect July 1, 2007, be amended to read as follows:
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;
(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.
(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.
Section 110.08. That the existing version of section 127.16 of the Revised Code that is scheduled to take effect July 1, 2007, is hereby repealed.
Section 115.03. That section 5101.213 of the Revised Code is hereby repealed, effective July 1, 2008.
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) Section 9.833 of the Revised Code is presented in division (B) of this section solely 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 of the 126th General Assembly. Sections 3111.19, 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 9.90 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. The plans described under this section shall be available to cover public school district employees not later than the last day of the month that is the eighteenth full month after the effective date of this amendment. The board shall release its best practices standards prior to the eighteen-month deadline. 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.
(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 specific disease or accidents, or a hospital indemnity, medicare supplement, or other 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 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;
(2) Develop best practices for the provision of health care benefits and subsequently approve health care 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 based on the best practices developed by the board;
(3) Require that the plans the health plan sponsors administer make readily available to the public all cost and design elements of the plan;
(4) Determine the feasibility of procurement of selected health care benefits through consolidated systems that offer demonstrated economies of scale;
(5) Work with health plan sponsors through educational outlets and consultation;
(6) Maintain a commitment to transparency and public access of its meetings and activity pursuant to division (E) of this section;
(7) Promote cooperation among all organizations affected by this section in identifying the elements for the successful implementation of this section;
(8) Develop recommendations for employee and employer portions of premiums for the board's medical health care plans so as to manage plan participation and encourage the use of value-based plan participation by employees;
(3) Set (9) Develop recommendations for employer and employee plan copayments, deductibles, exclusions, limitations, formularies, premium shares, and other responsibilities;
(4) Include (10) Ensure that disease management and consumer education programs, to the extent that the board determines is appropriate, are included in all medical health care 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 health care plan coverage. These programs are not services or treatments for purposes of section 3901.71 of the Revised Code.
(5)(11) 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;
(6)(12) Utilize cost containment measures aligned with patient, plan, and provider management strategies in developing and managing medical health care plans.
(13) 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 board also may develop and implement programs through its own initiative for specific health benefits to be utilized by health plan sponsors to supplement coverages offered by the school districts, including, but not limited to, prescription drugs and disease management.
(I) 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)(J)(1) Public schools school districts are not subject to this section prior to the release of medical plans designed pursuant to best practices covered by this section, but shall adopt and implement board-approved best practices after the date the board releases its best practices pursuant to this section and by not later than the first day following the expiration of any collective bargaining agreement applicable to employees of the public school district that occurs after the release date. The board shall designate the specific date by which a particular public school district shall adopt and implement board-approved best practices.
(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 consultants may determine 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 consultants may determine what strategies are used by the existing medical health care plans to manage health care costs and shall may 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' combined 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) 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 from the Ohio education association, the Ohio school boards association, the Ohio association of school business officials, 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. 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 serve until December 31, 2007; subsequent one-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 shall elect a chairperson who shall call the time and place of future committee meetings. 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) If based upon an audit of a health care sponsor, the board makes a determination that the sponsor no longer meets the best practice standards adopted by the board, the board may suspend or cancel the sponsor's right to administer plans under the jurisdiction of the board. The decision of the board to suspend or cancel a sponsor's right may be appealed by the sponsor pursuant to a hearing and appeal process the board shall adopt by rule.
(5) Upon a failure by a sponsor to adhere to the directives of the board, the board may request the attorney general to apply to a court having jurisdiction for any necessary orders to enforce compliance with the requirement of this section that a health care sponsor, unless otherwise allowed, shall adopt and adhere to best practices designed by the board or comply with any other requirements of this section, as the case may be. The board also may engage outside counsel if it deems necessary.
(6) Upon notice by the board to the department of education that a district is not in compliance with the board's directives and a court order as described in this section, the department shall withhold one per cent of all state financial aid and assistance to the district each month until the department receives notice from the board that the district is in full compliance with the board's directives and subsequent court order.
(7) 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 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)(K)(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)(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.
(L) 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 health care plan beneficiaries, to the extent that the board determines to be appropriate;
(3) Coordinating (2) Developing requests for proposals and establishing contracts for services related to the board's medical health care plans related to the benefits the board believes are in the best interests of employees of public school districts as permitted in division (H) of this section. Contracts shall be approved by the school employees health care board.
(L)(M) Not less 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)(N) 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. The arrangement and contracts for these services shall be a public record and disclosed along with other data required by the board.
(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.
(O)(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.
(3) Any health care provider or other vendor that contracts with a public school district or consortium to furnish health care benefits or services pursuant to a health care plan under this section, as a condition of such contract, shall agree to submit to audits the board may require to ensure compliance with the best practices of the board for the provision of such benefits or services. The board may contract with persons for independent audits of such providers or vendors. The audits shall cover the overall performance of the provider or vendor including, but not limited to, claims processing procedures and results, eligibility determination procedures and standards for health care plan participants, and adherence to 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 9.90, 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 terms of these additional members as well as the terms of the current members shall 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. The three additional members each shall be representative of nonadministrative public school employees.
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 |
|
$ |
300,000 |
|
$ |
300,000 |
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 |
|
$ |
4,800,000 |
|
$ |
4,825,000 |
GRF |
100-439 |
|
Equal Opportunity Certification Programs |
|
$ |
705,000 |
|
$ |
705,000 |
GRF |
100-447 |
|
OBA - Building Rent Payments |
|
$ |
107,803,008 |
|
$ |
103,282,108 |
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 |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
GRF |
130-321 |
|
State Agency Support Services |
|
$ |
6,000,000 |
|
$ |
6,250,000 |
TOTAL GRF General Revenue Fund |
|
$ |
172,838,088 |
|
$ |
169,506,160 |
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 |
|
$ |
72,539,887 |
|
$ |
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 |
|
$ |
212,347,283 |
|
$ |
217,218,821 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
385,185,371 |
|
$ |
386,724,981 |
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 allocated for these purposes 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.
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.
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
Appropriation item 490-411, Senior Community
Services, 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.
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) $900 for a residential care facility, as defined in
section
3721.01 of the Revised Code;
(B) $900 for an adult group home, as defined in Chapter
3722. of the
Revised Code;
(C) $800 for an adult foster home, as defined in Chapter
173.
of the
Revised Code;
(D) $800 for an adult family home, as defined in Chapter
3722. of the
Revised Code;
(E) $800 for an adult community alternative home, as defined
in
Chapter 3724. of the Revised Code;
(F) $800 for an adult residential facility, as defined in
Chapter
5119. of the Revised Code;
(G) $600 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 consisting of the following:
(1) The Director of Aging;
(3) Representatives of the provider community;
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 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.
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 |
|
$ |
150,000 |
|
$ |
150,000 |
GRF |
700-411 |
|
International Trade and Market Development |
|
$ |
617,524 |
|
$ |
517,524 |
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 |
|
$ |
325,000 |
|
$ |
325,000 |
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 |
|
$ |
19,181,395 |
|
$ |
19,081,395 |
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 |
057 |
700-632 |
|
Clean Ohio Agricultural Easement |
|
$ |
149,000 |
|
$ |
149,000 |
TOTAL CLR Clean Ohio Fund Group |
|
$ |
149,000 |
|
$ |
149,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
50,126,040 |
|
$ |
50,016,040 |
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 fiscal year 2008 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 Coal Research and Development Fund (Fund 046) into the Coal Research and Development Bond Services Fund (Fund 076) to correct deposits that were mistakenly deposited into the Coal Research and Development Fund (Fund 046).
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 |
|
$ |
31,661,063 |
|
$ |
34,661,063 |
GRF |
038-404 |
|
Prevention Services |
|
$ |
1,052,127 |
|
$ |
1,552,127 |
TOTAL GRF General Revenue Fund |
|
$ |
33,785,051 |
|
$ |
37,285,051 |
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
3CK |
038-625 |
|
TANF |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
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 |
|
$ |
135,093,075 |
|
$ |
135,093,075 |
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 |
|
$ |
188,045,626 |
|
$ |
191,545,626 |
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, $600,000 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.
SERVICES FOR TANF-ELIGIBLE INDIVIDUALS
Of the foregoing appropriation item 038-625, TANF Reimbursement, an amount up to $5 million each year
shall be used to reimburse counties for TANF-eligible expenditures for substance abuse
prevention and treatment services to children, or their families,
whose income is at or below 200 per cent of the federal
poverty level. The Director of Alcohol and Drug Addiction Services and the Director of Job and Family Services shall enter into an interagency agreement that meets federal requirements.
The Auditor of State shall complete a performance review of the Department of Alcohol and Drug Addiction Services. Upon completing the performance review, the Auditor of State shall submit a report of the findings of the review to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Director of Alcohol and Drug Addiction Services.
Section 221.10. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS
General Services Fund Group
4K9 |
891-609 |
|
Operating Expenses |
|
$ |
589,710 |
|
$ |
527,641 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
589,710 |
|
$ |
527,641 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
589,710 |
|
$ |
527,641 |
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 |
|
$ |
9,647,480 |
|
$ |
9,647,480 |
TOTAL GRF General Revenue Fund |
|
$ |
11,988,161 |
|
$ |
11,988,161 |
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 |
|
$ |
13,159,527 |
|
$ |
13,159,527 |
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 |
055-404 |
|
Tobacco Settlement Enforcement |
|
$ |
0 |
|
$ |
723,797 |
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 |
|
$ |
56,497,151 |
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 |
|
$ |
202,475,101 |
TOBACCO SETTLEMENT ENFORCEMENT
The foregoing appropriation item 055-404, Tobacco Settlement Enforcement, shall be used by the Attorney General to pay costs incurred in the oversight, administration, and enforcement of the Tobacco Master Settlement Agreement.
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.
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 |
|
$ |
1,957,000 |
|
$ |
1,957,000 |
GRF |
874-320 |
|
Maintenance and Equipment |
|
$ |
985,837 |
|
$ |
980,837 |
TOTAL GRF General Revenue Fund |
|
$ |
2,942,837 |
|
$ |
2,937,837 |
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 |
|
$ |
6,315,314 |
|
$ |
6,310,314 |
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 |
|
$ |
7,097,134 |
|
$ |
7,097,134 |
TOTAL GRF General Revenue Fund |
|
$ |
7,097,134 |
|
$ |
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 |
|
$ |
11,122,641 |
|
$ |
11,759,319 |
Section 245.10. COM DEPARTMENT OF COMMERCE
GRF |
800-410 |
|
Labor and Worker Safety |
|
$ |
2,032,396 |
|
$ |
2,032,396 |
Total GRF General Revenue Fund |
|
$ |
2,032,396 |
|
$ |
2,032,396 |
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 |
|
$ |
666,991,150 |
|
$ |
705,867,858 |
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 |
BUDGET STABILIZATION 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 Budget Stabilization Fund 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 unfunded 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 |
|
$ |
983,295 |
|
$ |
983,295 |
TOTAL SSR State Special Revenue Group |
|
$ |
1,064,295 |
|
$ |
1,064,295 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
37,845,031 |
|
$ |
38,695,931 |
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 July 10, 2007, 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).
By July 10, 2008, 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).
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 |
|
$ |
6,782,845 |
|
$ |
6,762,845 |
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 |
|
$ |
800,000 |
|
$ |
785,000 |
GRF |
195-520 |
|
Ohio Main Street Program |
|
$ |
250,000 |
|
$ |
250,000 |
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 |
|
$ |
114,277,534 |
|
$ |
119,765,484 |
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 |
|
$ |
2,483,311 |
|
$ |
2,483,311 |
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 |
|
$ |
333,891,556 |
|
$ |
329,391,556 |
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 |
|
$ |
1,176,042,986 |
|
$ |
1,141,098,076 |
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. The foregoing appropriation item 195-401, Thomas Edison Program, shall not be used for the operating costs of the Department of Development.
Of the foregoing appropriation item 195-401, Thomas Edison Program, $2,000,000 in fiscal year 2008 shall be used by Project Development, 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 Project Development, 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. The release of grants for this purpose shall be subject to Controlling Board approval.
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 as a state match to federal dollars for the relocation of jobs at Wright-Patterson Air Force Base and vicinity as a result of job losses from the base realignment and closure process.
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, $50,000 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.
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.
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 an employee to act as 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.
The foregoing appropriation item 195-677, Economic Development Contingency, may be expended only after the Department of Development submits and the Controlling Board approves a request that outlines the planned use of funds to be expended.
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 sixteen and one-half per cent in fiscal year 2008 and 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 263.20.60. 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 $1,000,000 over the biennium shall be used for methane digester projects.
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.
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 263.20.80. 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.
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
The foregoing appropriation item 195-687, Third Frontier Research & Development 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.
Notwithstanding sections 184.10 to 184.20 of the Revised Code, of the foregoing appropriation item 195-687, Third Frontier Research & Development Projects, up to $20,000,000 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.
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 balance of the foregoing appropriation item 195-687, Third Frontier Research & Development Projects, for fiscal year 2008 is hereby appropriated for the same purpose 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 263.30.10. 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 affiliated with Ohio University College of Osteopathic Medicine; 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 |
|
$ |
34,002,195 |
|
$ |
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 |
|
$ |
15,232,665 |
|
$ |
13,232,665 |
GRF |
200-422 |
|
School Management Assistance |
|
$ |
2,960,572 |
|
$ |
2,960,572 |
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 |
|
$ |
10,514,730 |
|
$ |
10,514,730 |
GRF |
200-431 |
|
School Improvement Initiatives |
|
$ |
11,600,235 |
|
$ |
12,350,235 |
GRF |
200-433 |
|
Literacy Improvement-Professional Development |
|
$ |
15,815,000 |
|
$ |
15,815,000 |
GRF |
200-437 |
|
Student Assessment |
|
$ |
77,150,819 |
|
$ |
76,387,144 |
GRF |
200-439 |
|
Accountability/Report Cards |
|
$ |
8,096,040 |
|
$ |
14,223,540 |
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 |
200-502 |
|
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 |
|
$ |
138,619,945 |
|
$ |
139,756,839 |
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 |
|
$ |
7,735,406,952 |
|
$ |
8,082,412,743 |
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 |
|
$ |
635,198,000 |
|
$ |
667,900,000 |
017 |
200-682 |
|
Lease Rental Payment Reimbursement |
|
$ |
22,702,000 |
|
$ |
0 |
TOTAL LPE Lottery Profits |
|
|
|
|
|
|
Education Fund Group |
|
$ |
657,900,000 |
|
$ |
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 |
|
$ |
10,843,909,507 |
|
$ |
11,258,829,303 |
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
There is hereby created the Alternative Education
Advisory
Council, which shall consist of one representative
from each of
the following agencies: the Ohio Department of
Education; the
Department of Youth
Services; the Ohio Department of Alcohol
and
Drug Addiction Services; the
Department of Mental Health; the
Office of
the Governor or, at the Governor's discretion, the
Office of the Lieutenant Governor; the
Office of the Attorney
General; and the Office of the Auditor
of State.
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 $422,281 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, $247,000 in each fiscal year shall be used to
contract with the Center for Learning Excellence at The Ohio State
University to provide technical support for the project and the
completion of formative and summative evaluation of the grants.
Of the foregoing appropriation item 200-421, Alternative Education Programs, $75,000 in each fiscal year shall be used to support the Toledo Tech Academy.
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) in Dayton/Sinclair Youth Initiative.
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.
Section 269.10.60. SCHOOL MANAGEMENT ASSISTANCE
Of the foregoing appropriation item 200-422, School
Management Assistance, up to $1,300,000 in each fiscal year may be used by the Department of Education for
expenses incurred by the Auditor of State in consultation with the Department for 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, 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 200-427, Academic Standards, $200,000 in each fiscal year may be used to support the Ohio Resource Center for Math and Science.
Of the foregoing appropriation item 200-427, Academic Standards, 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 200-427, Academic Standards, $285,000 in each fiscal year shall be used for science initiatives that include, but are not limited to, the Ohio Science Institute (OSCI).
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.
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 $800,000 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 (J) 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, $3,503,985 in fiscal year 2008 and $4,253,985 in fiscal year 2009 shall be used 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 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 $4,935,000 in each fiscal year shall be used in partnership with nonprofit groups with expertise in converting existing large urban high schools into small, personalized high schools. Districts eligible for such 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.
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.
Section 269.20.20. LITERACY IMPROVEMENT-PROFESSIONAL DEVELOPMENT
Of the foregoing appropriation item 200-433, Literacy
Improvement-Professional Development, up to $9,590,000 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.
The foregoing 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. This funding shall be used in consultation with a credible nonprofit organization with expertise in value-added progress dimensions.
Of the foregoing appropriation item, 200-439, Accountability/Report Cards, up to $6,000,000 in fiscal year 2009 shall be used to make payments to each city, local, or exempted village school district that was declared to be "excellent" on the local report card published for the district during that fiscal year. The amount of the payment in each fiscal year to each eligible school district shall be equal to the district's average daily student enrollment reported on the district's local report card published during that fiscal year multiplied by $10. If the total calculated payment exceeds this earmark, the Department shall reduce each district's payment proportionally.
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 Data Advisory Council, 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 Data Advisory Council 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.
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 and excess cost supplement 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 and excess cost supplement 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 269.20.90. 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
handicapped 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 handicapped students.
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 $6,425,000 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.
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. The Department
may
reimburse county boards of
mental retardation and developmental
disabilities, educational
service centers, and school districts
for related
services as
defined in rule 3301-51-11 of the
Administrative Code, for
preschool
occupational and physical
therapy services provided by a
physical
therapy assistant and
certified occupational therapy
assistant,
and for an instructional
assistant. To the greatest
extent possible, the
Department of
Education shall allocate these
units to school
districts and
educational service centers.
No physical therapy assistant who provides services under this section shall fail to practice in accordance with the requirements of Chapter 4755. of the Revised Code and rules 4755-27-02 and 4755-27-03 of the Administrative Code. No occupational therapy assistant who provides services under this section shall fail to practice in accordance with the requirements of Chapter 4755. of the Revised Code and rules 4755-7-01 and 4755-7-03 of the Administrative Code.
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, up to $400,000 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.
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
Educational 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, $2,400,000 in fiscal year 2008 and $2,700,000 in fiscal year 2009 shall be used in conjunction with funding appropriated under appropriation item 200-408, Early Childhood Education, to pay the costs of early childhood education programs under Section 269.10.20 of this act.
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 (4) 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 determined based on the final reconciliation of data 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 (4) 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 determined based on the final reconciliation of data 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.
(4) Notwithstanding divisions (B)(1) and (2) of this section, if the Superintendent of Public Instruction determines that the transitional aid guarantee base for a given fiscal year reflects an error in formula ADM, the Superintendent may consult with the Director of Budget and Management, and then adjust the transitional aid guarantee base for that fiscal year.
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 paid to the district under Section 206.09.42 of Am. Sub. H.B. 66 of the 126th General Assembly, as subsequently amended, that the district actually received for fiscal year 2007, as determined based on the final reconciliation of data 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 paid to the district under this section, that the district actually received for fiscal year 2008, as determined based on the final reconciliation of data 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.
IMPROVING TEACHER QUALITY
For fiscal years 2008 and 2009, the Department of
Education shall provide funding to the Ohio Wyami Appalachian
Teacher Cohorts Program under the Columbiana County Educational
Service Center to provide teacher professional development in
Ohio's Appalachian counties. The program shall provide
professional development that is based on a review of scientifically based research and is expected to improve student academic achievement as required by Title II of the "No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6612 et seq., for approximately eighty public and
charter nonpublic teachers from Ohio's Appalachian counties each
year. The Department of Education shall provide $900,000 in federal grant funds from the State Grants for
Improving
Teacher Quality Program to the Columbiana County
Educational
Service Center for this purpose. The Center shall not expend these funds outside of Ohio.
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 shall transfer the amount so certified, plus the cash balance in Fund 017, to the General Revenue Fund to support appropriation item 200-550, Foundation Funding.
(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) or to the General Revenue Fund to support appropriation item 200-550, Foundation Funding.
(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.
*Section 269.50.20. DISTRIBUTION FORMULAS
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 3314.08 of the Revised Code.
(2) "SBH student" means a student receiving special education and related services for severe behavior handicap conditions 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 269.60.30. PLAN TO MOVE ADULT EDUCATION PROGRAMS TO BOARD OF REGENTS
The Department of Education shall work collaboratively with the Board of Regents to identify adult and career-technical education programs, except for adult basic and literacy education programs, that shall be transferred to the Board of Regents by July 1, 2008. 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 July 1, 2008, 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 education and career 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.
Adult basic and literacy programs shall remain under the Department of Education.
Section 269.60.40. SPECIAL EDUCATION SCHOLARSHIP PILOT PROGRAM
The State Board of Education shall initiate rulemaking procedures for the rules required under section 3310.63 of the Revised Code, as enacted by this act, so that those rules are in effect and the Special Education Scholarship Pilot Program is in operation by July 1, 2007.
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, 2009. 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 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 Revitalization Fund Group
5S1 |
715-607 |
|
Clean Ohio - Operating |
|
$ |
208,174 |
|
$ |
208,174 |
TOTAL CLF Clean Ohio Revitalization 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 the first day of July of each fiscal year or as soon as possible thereafter, the Director of Budget and Management shall transfer $14,817,105 for use in fiscal year 2008 and $15,057,814 for use in fiscal year 2009 from the General Revenue Fund (GRF) 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 Director of Environmental Protection 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 two years.
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 |
|
$ |
3,597,389 |
GRF |
935-404 |
|
Telecommunications Operating Subsidy |
|
$ |
3,632,413 |
|
$ |
3,632,413 |
GRF |
935-406 |
|
Technical and Instructional Professional Development |
|
$ |
7,285,351 |
|
$ |
7,272,351 |
GRF |
935-539 |
|
Educational Technology |
|
$ |
4,139,551 |
|
$ |
4,139,551 |
TOTAL GRF General Revenue Fund |
|
$ |
26,446,440 |
|
$ |
26,433,442 |
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 |
|
$ |
30,144,622 |
(A) eTech Ohio currently owns eighteen towers and owns or leases an interest in the land upon which the towers are located at the following sites: Akron/Nimisila, Butler, Carey, Carmel Church, Celina College, Corner/Oxford, Conneaut/Ashtabula, Fairborn/Wright State, Lancaster, London, Loudonville, Mansfield, Maplewood, Millersburg, Thompson, Warrensville Heights, Wilberforce/Central State University, and Wooster. All rights, privileges, ownership, and control of the towers shall be transferred to the Office of Information Technology by July 1, 2007, or as soon as possible thereafter. Where the land upon which the towers are located is leased by eTech Ohio, eTech Ohio hereby relinquishes its right on any such lease and the Office of Information Technology shall be substituted as the lessee of the premises by July 1, 2007, or as soon as possible thereafter, 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 the Office of Information Technology by July 1, 2007, or as soon as possible thereafter. The transfers and assignments of the eighteen tower site designations are subject to eTech Ohio's continued right to use the towers for transmission and broadcasting purposes and subject to the completion of any legal surveys of the premises on which the towers are located as deemed necessary by the Office of Real Estate Services.
(B) 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 the parcels described herein, and as necessary to implement division (A) of this section.
(C) Renewable leases and deeds to implement division (A) of 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 Seal of the State, 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 285.30. 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 through a competitive bidding process.
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 $1,000,000 in each fiscal year shall be used to implement and support the Ohio Students Choosing On-line Resources for Educational Success (Ohio SCORES) initiative that increases the educational options available to students in mathematics, advanced laboratory-based science, and foreign language. eTech Ohio shall work collaboratively with the Department of Education and the Board of Regents on this initiative.
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. EDUCATION TECHNOLOGY
The foregoing appropriation item 935-539, Education 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.
Of the foregoing appropriation item 935-539, Education Technology, up to $4,139,551 in each fiscal year shall be used by eTech Ohio to 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 information 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 285.60. 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 |
|
$ |
1,902,275 |
TOTAL GRF General Revenue Fund |
|
$ |
1,863,028 |
|
$ |
1,902,275 |
General Services Fund Group
4M6 |
146-601 |
|
Operating Expenses |
|
$ |
432,543 |
|
$ |
432,543 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
432,543 |
|
$ |
432,543 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,295,571 |
|
$ |
2,334,818 |
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 |
APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR
The Governor may expend a portion of the foregoing
appropriation item 040-321,
Operating Expenses, to hire or appoint
legal counsel to be used in proceedings
involving the Governor in
the Governor's official capacity or the Governor's
office only,
without the approval of the Attorney General, notwithstanding
sections 109.02 and 109.07 of the Revised Code.
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 |
|
$ |
10,047,874 |
|
$ |
10,147,874 |
GRF |
440-418 |
|
Immunizations |
|
$ |
9,400,615 |
|
$ |
9,400,615 |
GRF |
440-431 |
|
Free Clinic Liability Insurance |
|
$ |
125,000 |
|
$ |
125,000 |
GRF |
440-437 |
|
Healthy Ohio |
|
$ |
1,502,618 |
|
$ |
2,855,553 |
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 |
|
$ |
77,199,699 |
|
$ |
85,271,084 |
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 |
|
$ |
27,946,243 |
|
$ |
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 |
|
$ |
74,860,263 |
|
$ |
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 |
|
$ |
621,028,762 |
|
$ |
611,809,857 |
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, not more than $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, not more than $500,000 in each fiscal year 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.
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 440-416, Child and Family Health Services, $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.
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.
Of the foregoing appropriation item, 440-416, Child and Family Health Services, $2,500,000 in each fiscal year shall be used for breast and cervical cancer treatments.
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 293.30. HEALTHY OHIO
The Department of Health may use appropriation item 440-437, Healthy Ohio, to complete an inventory of prevention programs so that it may better target prevention funding, to fund programs to decrease minority health disparities, and to fund care coordination models to improve health outcomes for individuals with catastrophic health conditions.
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.
The foregoing appropriation item 440-459, Help Me Grow,
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.
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.
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.
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.
Of the foregoing appropriation item 440-620, Second Chance Trust (Fund 5D6), $52,000 in fiscal year 2008 shall be earmarked for the Central Ohio Lions Eye Bank.
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 293.40. 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 |
|
$ |
3,349,244 |
|
$ |
3,349,252 |
GRF |
360-502 |
|
Site and Museum Operations |
|
$ |
8,401,781 |
|
$ |
8,401,788 |
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 |
|
$ |
509,231 |
|
$ |
509,231 |
GRF |
360-508 |
|
State Historical Grants |
|
$ |
175,000 |
|
$ |
175,000 |
TOTAL GRF General Revenue Fund |
|
$ |
13,607,656 |
|
$ |
13,605,536 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
13,607,656 |
|
$ |
13,605,536 |
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.
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, $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, $50,000 in each fiscal year shall be distributed to the Western Reserve Historical Society, and $50,000 in each fiscal year shall be distributed to the Cincinnati Museum Center.
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 |
|
$ |
50,710,978 |
|
$ |
52,496,413 |
|
|
|
Federal |
|
$ |
10,460,286 |
|
$ |
11,290,237 |
|
|
|
Support Services Total |
|
$ |
61,171,264 |
|
$ |
63,786,650 |
GRF |
600-410 |
|
TANF State |
|
$ |
272,619,061 |
|
$ |
272,619,061 |
GRF |
600-413 |
|
Child Care Match/Maintenance of Effort |
|
$ |
84,120,596 |
|
$ |
84,120,596 |
GRF |
600-416 |
|
Computer Projects |
|
|
|
|
|
|
|
|
|
State |
|
$ |
115,701,181 |
|
$ |
116,419,033 |
|
|
|
Federal |
|
$ |
21,548,144 |
|
$ |
21,192,117 |
|
|
|
Computer Projects Total |
|
$ |
137,249,325 |
|
$ |
137,611,150 |
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 |
|
$ |
24,028,480 |
|
$ |
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 |
|
$ |
78,515,135 |
|
$ |
78,515,135 |
GRF |
600-525 |
|
Health Care/Medicaid |
|
|
|
|
|
|
|
|
|
State |
|
$ |
3,428,852,719 |
|
$ |
3,558,124,242 |
|
|
|
Federal |
|
$ |
5,205,558,695 |
|
$ |
5,707,943,410 |
|
|
|
Health Care Total |
|
$ |
8,634,411,414 |
|
$ |
9,266,067,652 |
GRF |
600-526 |
|
Medicare Part D |
|
$ |
254,397,401 |
|
$ |
271,854,640 |
GRF |
600-528 |
|
Adoption Services |
|
|
|
|
|
|
|
|
|
State |
|
$ |
40,043,266 |
|
$ |
43,978,301 |
|
|
|
Federal |
|
$ |
44,081,243 |
|
$ |
49,196,065 |
|
|
|
Adoption Services Total |
|
$ |
84,124,509 |
|
$ |
93,174,366 |
TOTAL GRF General Revenue Fund |
|
|
|
|
|
|
|
|
|
State |
|
$ |
4,555,309,298 |
|
$ |
4,712,133,810 |
|
|
|
Federal |
|
$ |
5,304,973,216 |
|
$ |
5,813,040,197 |
|
|
|
GRF Total |
|
$ |
9,860,282,514 |
|
$ |
10,525,174,007 |
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 |
|
$ |
9,782,101 |
|
$ |
6,200,000 |
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 |
|
$ |
5,840,939,681 |
|
$ |
5,925,804,753 |
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 |
|
$ |
16,886,429,022 |
|
$ |
17,623,686,264 |
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 309.20.30. 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 309.30.10. 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
The Department of Job and Family Services shall submit to the United States Secretary of Health and Human Services an amendment to the State Medicaid Plan for the purpose of requesting federal approval to create a program under which the Department makes supplemental Medicaid payments to children's hospitals for inpatient services based on federal upper payment limits for children's hospitals. On receipt of federal approval, the Department shall implement the program. Under the program, the Department shall pay children's hospitals the federally allowable supplemental payment for hospital discharges qualifying for the program and occurring in fiscal year 2008 and fiscal year 2009.
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 expenses of the program created under 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, $100,000,000 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, including any interest earnings, 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, $185,000,000 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, including any interest earnings, 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 309.30.20. 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 two and eight-tenths 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 six 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 three and fifty-five one-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 three and fifty-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 two and eight-tenths per cent;
(d) Increase the cost and rates determined under division (B)(1)(c) of this section by one half of a 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 twelve 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 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 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 309.30.45. INCREASE IN MEDICAID RATES FOR PASSPORT SERVICES
As used in this section, "PASSPORT program" means the program created under section 173.40 of the Revised Code.
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:
(A) Increase, for fiscal year 2008, the Medicaid reimbursement rates for services provided under the PASSPORT 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.
(B) Increase, for fiscal year 2009, the Medicaid reimbursement rates for services provided under the PASSPORT 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) As used in this section:
(1) "Area agency on aging" has the same meaning as in section 173.14 of the Revised Code.
(2) "Long-Term Care Consultation Program" means the program the Department of Aging is required to develop under section 173.42 of the Revised Code.
(3) "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.
(4) "Nursing facility" has the same meaning as in section 5111.20 of the Revised Code.
(5) "PASSPORT program" means the program created under section 173.40 of the Revised Code.
(B) Each month during fiscal years 2008 and 2009, 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 enrollment of the individual in the PASSPORT program regardless of whether other individuals who are not in a nursing facility are ahead of the individual on the PASSPORT program's waiting list. Each quarter, the Department of Aging shall certify to the Director of Budget and Management the increase in costs of the PASSPORT program based on the total expenditures made for the individuals enrolled in the PASSPORT program pursuant to this section.
(C) On a quarterly basis, on receipt of the certified expenditures, the Director of Budget and Management may do all of the following:
(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.
(D) 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 309.30.60. 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, 2009, 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 as follows:
(1) Fifteen visits per adult Medicaid recipient per fiscal year;
(2) The total costs of coverage under this section may not exceed $5,000,000 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 309.31.10. 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 309.31.20. 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 5111.88 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 309.40. 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, 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 products and the distribution of those food 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 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 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.
The amendments made by this act to section 5101.802 of the Revised Code shall not affect the eligibility of any kinship caregiver whose eligibility was established before the effective date of this section.
OHIO ALLIANCE OF BOYS AND GIRLS CLUBS
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), the Department of Job and Family Services shall use up to $600,000 in each fiscal year to support expenditures of 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.
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.
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.
FAMILY SERVICE OF THE CINCINNATI AREA
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $25,000 in each fiscal year 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.
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 $1,000,000 in each fiscal year 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.
AMERICAN ACADEMY OF PEDIATRICS
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 American Academy of Pediatrics for the Reach Out and Read program.
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.
CENTER FOR FAMILIES AND CHILDREN RAPART YOUTH FELLOWSHIP PROGRAM
Of the foregoing appropriation item 600-689, TANF Block Grant, up to $100,000 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.
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 Talbert House for providing TANF eligible non-medical behavioral health services.
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.
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 309.40.60. 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;
(e) Caretaker employment eligibility requirements for participation in the Early Learning Initiative. These requirements shall specify the minimum number of hours that the caretaker of the eligible child must be employed and the time period over which the minimum number of hours is to be measured. These minimum hours may overlap the period during the day or week in which the child participates in the early learning program. These requirements shall permit the child to be determined to be, and remain, an eligible child for up to thirty days if the county department of job and family services determines that the caretaker is expected to begin engaging in an approved activity within that thirty-day period. These rules shall require the county department of job and family services to inform both the early learning agency and the Department of Job and Family Services of this determination. These rules shall require the Department of Job and Family Services to designate the activities that constitute approved activities for purposes of this requirement and to periodically review the requirement described in this division to ensure that it complies with federal law and regulations.
(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 below average 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 309.50.10. 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 309.50.30. STEP UP TO QUALITY
A child day-care center or type A or B family day-care home participating in the voluntary child care quality-rating program established pursuant to section 5104.30 of the Revised Code and providing publicly funded child care is eligible to receive a reimbursement rate for the publicly funded child care up to the sixty-fifth percentile of the 2006 Ohio Child Care Market Rate Survey if the center or home participates in the program in fiscal year 2008 and maintains a two-star program rating in fiscal year 2009, according to the program rating system established in rules adopted pursuant to section 5104.30 of the Revised Code.
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 Grants. 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 309.80.30. TIME-LIMITED MEDICAID PROVIDER AGREEMENTS
Each Medicaid provider agreement that is not time-limited on the effective date of section 5111.028 of the Revised Code, as enacted by this act, shall be converted by the Department of Job and Family Services into a time-limited provider agreement. The converted provider agreement shall expire three years from effective date of the conversion. The Department shall notify the provider in writing that provider agreement has been converted into a time-limited provider agreement.
Notwithstanding division (B) of section 5111.06 of the Revised Code, the Department is not required to issue an order pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code when converting a provider agreement under this section.
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 |
|
Commission for 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.
COMMISSION FOR LEGAL EDUCATION OPPORTUNITY
The foregoing appropriation item 005-502, Commission for Legal Education Opportunity, shall be used to fund activities of the Commission for Legal Education Opportunity created by the Chief Justice of the Supreme Court of Ohio for purposes of assisting minority, low-income, and educationally disadvantaged college graduates in transition to legal education. Moneys appropriated to the Commission for Legal Education Opportunity may be used to establish and provide intensive course study designed to prepare eligible college graduates for law education, provide annual stipends for students who successfully complete the course of study and are admitted to and maintain satisfactory academic standing in an Ohio law school, and pay the administrative costs associated with the program.
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.
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 |
|
$ |
15,167,700 |
|
$ |
15,167,700 |
GRF |
035-402 |
|
Legislative Interns |
|
$ |
1,022,120 |
|
$ |
1,022,120 |
GRF |
035-405 |
|
Correctional Institution Inspection Committee |
|
$ |
393,900 |
|
$ |
393,900 |
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 |
|
$ |
20,705,530 |
|
$ |
20,705,530 |
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 |
|
$ |
20,914,805 |
|
$ |
20,914,805 |
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.
Of the foregoing appropriation item 035-321, Operating Expenses, up to $250,000 in each fiscal year shall be used to contract with a person, business, or other entity to provide the General Assembly with additional revenue forecasting and analysis of the Ohio economy.
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 REVIEW
The Auditor of State shall complete a performance
review of the Department of Mental Health. Upon completing the performance review, the Auditor of State shall submit a report of the findings of the review to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Director of Mental Health.
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 |
|
$ |
7,959,798 |
|
$ |
7,959,798 |
GRF |
335-505 |
|
Local Mental Health Systems of Care |
|
$ |
101,937,868 |
|
$ |
101,937,868 |
TOTAL GRF General Revenue Fund |
|
$ |
120,233,819 |
|
$ |
120,868,819 |
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 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
7,040,000 |
|
$ |
7,040,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
455,538,701 |
|
$ |
473,258,962 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL REVENUE FUND |
|
$ |
576,407,879 |
|
$ |
573,779,979 |
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 |
|
$ |
14,559,867 |
|
$ |
14,539,867 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
TOTAL DEPARTMENT OF MENTAL HEALTH |
|
$ |
1,145,529,873 |
|
$ |
1,190,905,234 |
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.
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.
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 |
|
$ |
113,692,413 |
|
$ |
113,692,413 |
GRF |
322-501 |
|
County Boards Subsidies |
|
$ |
90,067,913 |
|
$ |
90,067,913 |
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 appropriation item 322-416, Medicaid Waiver - State Match, 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)
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) Services contracted by county boards of mental retardation and developmental disabilities.
(C) To pay the nonfederal share of the cost of one or more new intermediate care facility for the mentally retarded certified beds in a county where the county board of mental retardation and developmental disabilities does not initiate or support the development or certification of such 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.
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
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; 322-451, Family Support Services; 322-452, Service and Support Administration; and 322-501, County Boards Subsidies.
County boards shall use the subsidy for early childhood services and adult services provided under section 5126.05 of the Revised Code, family support services provided under section 5126.11 of the Revised Code, service and support administration provided under section 5126.15 of the Revised Code, and supported living services provided under sections 5126.40 to 5126.47 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, 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 in a county where the county board of mental retardation and developmental disabilities initiates or supports the development or certification of such 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 337.30.45. 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 337.40.20. 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:
(1) "Family support services," "home and community-based services," "service and support administration," and "supported living" have the same meaning as in section 5126.01 of the Revised Code.
(2) "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. The Director shall use only the following funds for the transfer:
(1) If the beds are located in a county served by a county board of mental retardation and developmental disabilities that does not initiate or support the beds' certification, funds appropriated to the Department of Mental Retardation and Developmental Disabilities for home and community-based services and supported living for which the Director is authorized to make allocations to county boards;
(2) If the beds are located in a county served by a county board that initiates or supports the beds' certification, funds appropriated to the Department for family support services, service and support administration, and other services for which the Director is authorized to make allocations to counties.
(C) The funds that the Director transfers under division (B)(2) 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 |
|
$ |
12,222,420 |
|
$ |
12,880,791 |
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 |
|
$ |
3,050,000 |
|
$ |
3,050,000 |
GRF |
744-321 |
|
Division of Mineral
Resources Management |
|
$ |
3,068,167 |
|
$ |
3,068,167 |
TOTAL GRF General Revenue Fund |
|
$ |
131,938,859 |
|
$ |
132,390,438 |
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 |
061 |
725-405 |
|
Clean Ohio Operating |
|
$ |
155,000 |
|
$ |
155,000 |
TOTAL CLF Clean Ohio 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 |
|
$ |
338,361,614 |
|
$ |
339,366,024 |
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 343.40. 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.
WILDLIFE CONSERVATION CHECKOFF FUND
Of the foregoing appropriation item 725-655, Wildlife Conservation Checkoff Fund, up to $75,000 in each fiscal year shall be used by the Ohio Wildlife Center for wildlife preservation, wildlife protection, and wildlife education efforts.
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 725-502, Soil and Water Districts, $35,000 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 |
|
$ |
1,137,181 |
|
$ |
1,179,825 |
TOTAL GRF General Revenue Fund |
|
$ |
1,137,181 |
|
$ |
1,179,825 |
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 |
|
$ |
1,152,181 |
|
$ |
1,194,825 |
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 |
State Special Revenue Fund Group
5EX |
768-690 |
|
Disaster Preparedness |
|
$ |
350,000 |
|
$ |
350,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
350,000 |
|
$ |
350,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
6,081,175 |
|
$ |
6,081,175 |
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.
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.
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.
Section 371.10. PWC PUBLIC WORKS COMMISSION
GRF |
150-904 |
|
Conservation General Obligation Debt Service |
|
$ |
14,698,728 |
|
$ |
19,037,480 |
GRF |
150-907 |
|
State Capital Improvements
|
|
$ |
175,738,464 |
|
$ |
181,620,189 |
|
|
|
General Obligation Debt Service |
|
|
|
|
|
|
TOTAL GRF General Revenue Fund |
|
$ |
190,437,192 |
|
$ |
200,657,669 |
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 |
|
$ |
190,738,729 |
|
$ |
200,969,178 |
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 |
|
$ |
2,500,000 |
|
$ |
5,000,000 |
GRF |
235-437 |
|
STEM Initiatives |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
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 |
|
$ |
1,620,877,952 |
|
$ |
1,782,965,747 |
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 |
|
$ |
1,925,345 |
|
$ |
1,925,345 |
GRF |
235-510 |
|
Ohio Supercomputer Center |
|
$ |
4,271,195 |
|
$ |
4,271,195 |
GRF |
235-511 |
|
Cooperative Extension Service |
|
$ |
26,157,760 |
|
$ |
26,157,760 |
GRF |
235-513 |
|
Ohio University Voinovich Center |
|
$ |
336,082 |
|
$ |
336,082 |
GRF |
235-514 |
|
Central State Supplement |
|
$ |
11,413,995 |
|
$ |
11,413,995 |
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 |
|
$ |
2,056,986 |
|
$ |
2,056,986 |
GRF |
235-521 |
|
The Ohio State University Glenn Institute |
|
$ |
286,082 |
|
$ |
286,082 |
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 |
|
$ |
36,674,292 |
|
$ |
36,674,292 |
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 |
235-547 |
|
School of International Business |
|
$ |
450,000 |
|
$ |
450,000 |
GRF |
235-552 |
|
Capital Component |
|
$ |
19,306,442 |
|
$ |
19,306,442 |
GRF |
235-553 |
|
Dayton Area Graduate Studies Institute |
|
$ |
2,806,599 |
|
$ |
2,806,599 |
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 |
|
$ |
311,047 |
|
$ |
311,047 |
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 |
235-569 |
|
Choose Ohio First Scholarship |
|
$ |
50,000,000 |
|
$ |
50,000,000 |
GRF |
235-572 |
|
The Ohio State University Clinic Support |
|
$ |
1,277,019 |
|
$ |
1,277,019 |
GRF |
235-583 |
|
Urban University Program |
|
$ |
5,142,937 |
|
$ |
5,142,937 |
GRF |
235-587 |
|
Rural University Projects |
|
$ |
1,047,889 |
|
$ |
1,047,889 |
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 |
|
$ |
163,222,668 |
|
$ |
198,309,840 |
TOTAL GRF General Revenue Fund |
|
$ |
2,673,619,549 |
|
$ |
2,799,954,545 |
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 |
|
$ |
2,697,806,888 |
|
$ |
2,823,896,765 |
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 Grant, 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 fiscal year 2008, $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 fiscal year 2008 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 fiscal year 2008 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.
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 fiscal year 2008 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 year 2008, 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 fiscal year 2008 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 graduate programs throughout the state, and promote the transfer of technology developed by colleges and universities to private industry to further the economic goals of the state.
Of the foregoing appropriation item 235-433, Economic Growth
Challenge, $12,000,000 in fiscal year 2008
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 fiscal year 2008, both those state-assisted doctoral degree-granting universities and those accredited 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 Plan designed to enhance doctoral 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 fiscal year 2008, funding for the Innovation Incentive Program shall be generated from those state-assisted doctoral degree-granting universities electing to set aside a portion of their allocations as provided in appropriation item 235-501, State Share of Instruction, and state matching funds provided in appropriation item 235-433, Economic Growth Challenge. In fiscal year 2008, the Board of Regents shall withhold each participating state-assisted university's required matching share from its allocation as provided in appropriation item 235-501, State Share of Instruction. Additionally, those accredited Ohio institutions of higher education holding certificates of authorization under section 1713.02 of the Revised Code electing to participate in the Innovation Incentive Program shall be required to set aside an amount comparable to the state-assisted doctoral degree-granting universities. The criteria for the determination of this amount shall be developed by the Board of Regents.
Of the foregoing appropriation item 235-433, Economic Growth Challenge, $4,686,194 in fiscal year 2008 shall
match funds set aside by the participating universities under the Innovation Incentive Program.
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.
Of the foregoing appropriation item 235-433, Economic Growth Challenge, $500,000 in fiscal year 2008 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. DISTRIBUTION OF CHALLENGE FUNDS
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. Based on the findings of the study, the Chancellor of the Board of Regents shall make recommendations for the distribution of the funds provided for fiscal year 2009. Not later than May 1, 2008, the Chancellor of the Board of Regents shall seek the Controlling Board's approval of the recommended distribution of the funds provided for fiscal year 2009 in GRF appropriation items 235-415, Jobs Challenge, 235-418, Access Challenge, 235-420, Success Challenge, and 235-433, Economic Growth Challenge.
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, $2,000,000 in fiscal year 2008 and $5,000,000 in fiscal year 2009 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.
Of the foregoing appropriation item 235-436, AccelerateOhio, $500,000 in fiscal year 2008 shall be used to support the Health Information and Imaging Technology Workforce Development Pilot Project pursuant to section 3333.55 of the Revised Code.
Section 375.20.75. STEM INITIATIVES
The foregoing appropriation item 235-437, STEM Initiatives, shall be used for STEM Academies.
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 of approximately $685,494 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 of approximately $685,494. 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 by more than three per cent 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.
(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 institution 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 institution demonstrates one per cent savings through identified internal efficiencies in fiscal year 2008, as certified by the Chancellor of the Board of Regents.
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 institution 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 institution demonstrates three per cent savings through identified internal efficiencies in fiscal year 2009, as certified by the Chancellor of the Board of Regents.
(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 with a college degree 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 December 31, 2007, 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 375.30.30. 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, $1,233,588 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 Super Computer 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 Super Computer 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.
Shawnee State University shall produce a projection of in-state undergraduate tuition costs for a four-year period of study not later than June 30, 2008. In fiscal year 2009, the disbursement of these funds shall be contingent upon Shawnee State University producing the required tuition cost projection. Shawnee State University shall make every effort to restrain future in-state undergraduate tuition increases to stay within those projected amounts.
Section 375.40.80. OSU GLENN INSTITUTE
The foregoing appropriation item 235-521, The Ohio State University Glenn Institute, shall be used by the Board of Regents to support the operations of the Ohio State University's Glenn Institute.
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, except that in each fiscal year, the Board of Regents shall make a Student Choice Grant under that section only to a student who has a family income, as defined by the Board for purposes of section 3333.122 of the Revised Code, of $95,000 or less.
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.
Of the foregoing appropriation item 235-535, Ohio Agricultural Research and Development Center, $127,500 in each fiscal year shall be distributed to Wilmington College for the commercialization of agricultural products.
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.
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, $211,047 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 used to support research on best practices for long-term care in rural areas.
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 375.60.91. CHOOSE OHIO FIRST SCHOLARSHIP
It is the intent of the House of Representatives to work with the Senate and the Governor to design the criteria for the Choose Ohio First Scholarship to promote the pursuit of STEM degrees.
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 375.70.20. 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,
$180,886 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, $139,777 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, $300,368 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.
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 $145,320 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, $47,829 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 |
|
$ |
106,531,029 |
|
$ |
105,948,153 |
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 |
|
$ |
75,112,063 |
|
$ |
78,405,363 |
GRF |
503-321 |
|
Parole and Community Operations |
|
$ |
79,296,672 |
|
$ |
82,739,767 |
GRF |
504-321 |
|
Administrative Operations |
|
$ |
27,599,198 |
|
$ |
28,703,273 |
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
|
|
$ |
1,543,624,636 |
|
$ |
1,588,404,615 |
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 |
|
$ |
1,762,700,936 |
|
$ |
1,816,711,204 |
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 377.30. DEPARTMENT OF REHABILITATION AND CORRECTION BLUE RIBBON COMMISSION
(A) There is hereby created the Blue Ribbon Commission of the Department of Rehabilitation and Correction composed of the following members:
(1) The Director of Rehabilitation and Correction or the Director's designee;
(2) One member of the Criminal Sentencing Commission, appointed by the Governor;
(3) A representative of the Ohio Civil Service Employees' Association, appointed by the Governor;
(4) One county sheriff, appointed by the Governor;
(5) One retired judge, appointed by the Governor;
(6) One individual with expertise in corrections from an accredited college or university, appointed by the Governor;
(7) One individual representing community corrections facilities, appointed by the Governor;
(8) Two individuals, appointed by the President of the Senate;
(9) Two individuals, appointed by the Speaker of the House of Representatives.
(B) All appointments to the Blue Ribbon Commission shall be made on or after January 1, 2008.
(C) The Blue Ribbon Commission shall conduct a comprehensive review of county, multicounty, municipal, municipal-county, and multicounty-municipal jails and workhouses, prisons, community-based correctional institutions, and other correctional institutions within the state, and of the offenders confined at these facilities. The review shall include, but is not limited to, a review of staffing levels at these facilities, projected needs and costs related to the operation of these facilities, the health and safety of the staff and inmates, and per diem costs of incarceration at each type of facility. The Blue Ribbon Commission shall develop recommendations based on its review. The recommendations shall include, but are not limited to, recommendations for sentencing reform, cost savings, and a means of better anticipating the fiscal and security impacts of sentencing legislation.
(D) The members of the Blue Ribbon Commission shall elect a chairperson and vice-chairperson at the first meeting of the Commission. Meetings of the Commission shall be open to the public, and the Commission shall accept public testimony at Commission meetings. The Commission shall meet as often as necessary and shall submit its final report and recommendations by January 1, 2009, to the Governor and the Director of Rehabilitation and Correction. The Blue Ribbon Commission shall cease to exist after submitting its final report and recommendations. Member vacancies shall be filled in the same manner as for original members of the Commission.
(E) Members of the Blue Ribbon Commission shall serve without compensation.
Section 379.10. RSC REHABILITATION SERVICES COMMISSION
GRF |
415-100 |
|
Personal Services |
|
$ |
8,851,468 |
|
$ |
8,851,468 |
GRF |
415-402 |
|
Independent Living Council |
|
$ |
400,000 |
|
$ |
400,000 |
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 |
|
$ |
16,059,541 |
|
$ |
16,059,541 |
GRF |
415-508 |
|
Services for the Deaf |
|
$ |
50,000 |
|
$ |
50,000 |
TOTAL GRF General Revenue Fund |
|
$ |
25,634,552 |
|
$ |
25,634,552 |
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 |
415-608 |
|
Social Security Vocational Rehabilitation |
|
$ |
2,256,260 |
|
$ |
2,256,260 |
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 |
|
$ |
264,378,923 |
|
$ |
271,351,235 |
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.
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 review of the Rehabilitation Services Commission. Upon completing the performance review, the Auditor of State shall submit a report of the findings of the review to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Board of Rehabilitation Services Commission.
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 |
|
$ |
207,200,000 |
|
$ |
0 |
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 |
|
$ |
298,700,000 |
|
$ |
0 |
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 |
091 |
110-991 |
|
Local Communities |
|
$ |
430,600,000 |
|
$ |
782,800,000 |
092 |
110-992 |
|
Local Libraries |
|
$ |
251,700,000 |
|
$ |
462,800,000 |
TOTAL RDF Revenue Distribution |
|
|
|
|
|
|
Fund Group |
|
$ |
2,774,774,631 |
|
$ |
2,937,377,143 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
5,182,786,631 |
|
$ |
5,440,777,143 |
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 383.20. 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.
On July 1, 2007, or as soon as possible thereafter, the Director of Budget and Management shall transfer $1,000,000 cash from the General Revenue Fund to the Local Government Services Collaboration Grant Fund established in this section. The amount transferred is hereby appropriated.
(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 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 |
|
$ |
270,529,980 |
|
$ |
322,665,885 |
TOTAL GRF General Revenue Fund |
|
$ |
293,231,980 |
|
$ |
322,665,885 |
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 |
|
$ |
300,981,793 |
|
$ |
330,452,082 |
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 |
|
$ |
3,750,000 |
|
$ |
3,750,000 |
3X4 |
050-612 |
|
Ohio Center/Law Related Educational Grant |
|
$ |
41,000 |
|
$ |
41,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
4,791,000 |
|
$ |
4,791,000 |
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 |
|
$ |
22,637,000 |
|
$ |
22,637,000 |
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
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 |
|
$ |
2,700,000 |
|
$ |
2,700,000 |
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 |
|
$ |
23,483,585 |
|
$ |
22,283,603 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
23,483,585 |
|
$ |
22,283,603 |
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.
Of the foregoing appropriation item 777-471, Airport Improvements-State, $1,500,000 in fiscal year 2008 shall be used for Cleveland Hopkins Airport projects to support increased service and expand the existing hub, as defined in 49 U.S.C. 40102, Infrastructure.
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, including the loss of 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 |
|
$ |
25,030 |
|
$ |
25,030 |
VAN ARMY AND NAVY UNION, USA, INC.
GRF |
746-501 |
|
State Support |
|
$ |
55,012 |
|
$ |
55,012 |
VKW KOREAN WAR VETERANS
GRF |
747-501 |
|
State Support |
|
$ |
49,453 |
|
$ |
49,453 |
VJW JEWISH WAR VETERANS
GRF |
748-501 |
|
State Support |
|
$ |
29,715 |
|
$ |
29,715 |
VCW CATHOLIC WAR VETERANS
GRF |
749-501 |
|
State Support |
|
$ |
57,990 |
|
$ |
57,990 |
VPH MILITARY ORDER OF THE PURPLE HEART
GRF |
750-501 |
|
State Support |
|
$ |
56,377 |
|
$ |
56,377 |
VVV VIETNAM VETERANS OF AMERICA
GRF |
751-501 |
|
State Support |
|
$ |
185,954 |
|
$ |
185,954 |
VAL AMERICAN LEGION OF OHIO
GRF |
752-501 |
|
State Support |
|
$ |
302,328 |
|
$ |
302,328 |
VII AMVETS
GRF |
753-501 |
|
State Support |
|
$ |
287,919 |
|
$ |
287,919 |
VAV DISABLED AMERICAN VETERANS
GRF |
754-501 |
|
State Support |
|
$ |
216,308 |
|
$ |
216,308 |
VMC MARINE CORPS LEAGUE
GRF |
756-501 |
|
State Support |
|
$ |
115,972 |
|
$ |
115,972 |
V37 37TH DIVISION AEF VETERANS' ASSOCIATION
GRF |
757-501 |
|
State Support |
|
$ |
5,946 |
|
$ |
5,946 |
VFW VETERANS OF FOREIGN WARS
GRF |
758-501 |
|
State Support |
|
$ |
246,615 |
|
$ |
246,615 |
TOTAL GRF General Revenue Fund |
|
$ |
1,634,619 |
|
$ |
1,634,619 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,634,619 |
|
$ |
1,634,619 |
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 |
|
$ |
23,832,700 |
|
$ |
23,483,700 |
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 |
|
$ |
258,840,908 |
|
$ |
263,160,566 |
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 |
|
$ |
293,254,034 |
|
$ |
298,342,209 |
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 $1,000,000 or more that are encumbered for program subsidy payments, which the Director of Budget and Management must submit to the Controlling Board for approval, 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 506.03. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS
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 512.03. 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 512.34. 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 Public School Building Fund (Fund 021). The amounts transferred are hereby appropriated to the Ohio School Facilities Commission for the purposes of appropriation item CAP-622, Public School Buildings.
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 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 518.03. 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, may:
(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 appropriation in CAP-770, School Building Assistance Program, transfer cash to Fund 5E3, School Facilities Commission, an amount that is 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 amount.
(4) Determine the amount of additional capital appropriations 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 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 to reflect the amount of net proceeds of those tobacco obligations deposited into Fund 034, Higher Education Improvement Fund, that are intended to replace general obligations for the purpose.
(6) Reduce 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 to reflect the amount of net proceeds of those tobacco obligations deposited into Fund 034, Higher Education Improvement Fund, that are intended to replace general obligations for the purpose.
(B) When any of the determinations, transfers, and increases or decreases in appropriations and authorizations described in division (A) of this section have been completed, the Office of Budget and Management shall make a report to the Controlling Board at its next regularly scheduled meeting.
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 521.12. 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 603.05. That Section 310.10 of Am. Sub. H.B. 67 of the 127th General Assembly be amended to read as follows:
Sec. 310.10. In proceeding with the construction project involving United States Route 68 in Champaign County, the Director of Transportation shall credit the proceeds from any sale of land previously acquired for the project to the local matching funds required for the project.
The Director of Transportation shall make available $1,000,000 over the fiscal year 2008-2009 biennium for improvements to the State Route 33 Avery Muirfield Interchange. The Director shall determine how to fund the project with either state or federal moneys.
*Section 603.06. That existing Section 310.10 of Am. Sub. H.B. 67 of the 127th General Assembly is 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 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 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 737.10. (A) 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, as it existed prior to its repeal by this act, 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.
(B) The rescission and adoption of rules under division (A) of this section 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.
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 753.10. The duties of an owner of residential rental property to comply with and of a county auditor to accept compliance with sections 5323.01, 5323.02, 5323.03, 5323.04, and 5323.99 of the Revised Code in a county are tolled until the board of county commissioners adopts a resolution under the first paragraph of section 5323.011 of the Revised Code.
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 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.
(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.
(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 Communities 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 Communities 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 Local Libraries 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 Local Libraries 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 Local Libraries 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 Local Libraries 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 Local Libraries Fund entitlement computations required by section 5747.47 of the Revised Code to be certified to county auditors in December 2008.
Section 757.05. The General Assembly recognizes that some qualifying taxpayers are authorized to claim the credit against the commercial activity tax under section 5751.53 of the Revised Code for disallowed Ohio net operating loss deductions, and that some qualifying taxpayers are not authorized to claim that credit as that section currently exists, depending on whether the taxpayer was able to record deferred tax items on its books and records and comply with the requirements of division (D) of that section. The General Assembly further recognizes that the credits authorized under section 5751.53 of the Revised Code may not be claimed until 2010. Therefore, the General Assembly declares that it intends to consider, in consultation with the Governor, whether eligibility to claim the credit by qualifying taxpayers shall be modified before the initial credit may be claimed in 2010, with a view to extending eligibility to qualifying taxpayers not able to claim the credits under the terms of that section as it currently exists.
Any term used in this section has the same meaning as in section 5751.53 of the Revised Code.
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.
Section 757.10. The Department of Administrative Services, in conjunction with the Department of Taxation, may acquire the State Taxation Revenue and Accounting 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)(1) The county auditor of each county that is included in whole or in part in the Muskingum Watershed Conservancy District shall include with the second half tax bill that is required to be mailed in 2007 in accordance with section 323.13 of the Revised Code the notice that is required to be prepared under division (A)(2) of this section. The notice shall be included in the second half tax bill of each person on the tax duplicate whose property is located in the Muskingum Watershed Conservancy District and subject to the maintenance assessment referred to in division (A)(2) of this section. The notice shall be included with the second half tax bill notwithstanding division (D) of section 323.131 of the Revised Code.
(2) 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 6111.53 of the Revised Code that is scheduled to begin collection in calendar year 2008. The notification shall be prepared for inclusion in the 2007 second half tax bill of each person that is required to receive the notification under division (A)(1) of this section. For each person receiving a second half tax bill in 2007 and required to receive the notification under that division, the notification shall include a statement that the District intends to levy the maintenance assessment and shall include an indication of the amount of the assessment that is applicable to that person. The board of directors shall take whatever actions are necessary and work with each applicable county auditor to ensure that the notifications are included with the second half tax bills as required by this section.
(B) With respect to persons that will be subject to the maintenance assessment to be levied by the Muskingum Watershed Conservancy District under section 6111.53 of the Revised Code that is scheduled to begin collection in calendar year 2008, but that do not receive a second half tax bill in 2007 or that do not otherwise receive the notification that is required to be included in the tax bill under division (A) of this section, the board of directors of the District shall cause to be sent by United States mail a notification of the assessment. The contents of the notification shall be the same as those that are specified for the notification that is required under division (A) of this section. The notification shall be sent not later than one hundred twenty days prior to the date on which the maintenance assessment is effective.
(C) If the board of directors of the Muskingum Watershed Conservancy District fails to comply with divisions (A) and (B) of this section, the maintenance assessment that is scheduled to begin collection in calendar year 2008 shall not be collected. However, the board of directors subsequently may collect the maintenance assessment if the board gives notification of the maintenance assessment to every person that is required to receive the notification under divisions (A) and (B) of this section. The notification shall include the information that is required to be included under division (A)(2) of this section.
Section 803.03. The amendment by this act of sections 3119.022, 3119.023, 3119.29, and 3119.30 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. (A) The amendment by this act of sections 323.151, 323.152, 323.153, and 323.154 of the Revised Code does not take effect until the tax year that includes the day the Director of Budget and Management certifies 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, either of the following:
(1) That there is sufficient revenue to the credit of one or more funds in the state treasury, not otherwise appropriated or encumbered, to make the additional property tax reimbursements required by the amendment by this act of those sections and sections 4503.064, 4503.065, 4503.066, and 4503.067 of the Revised Code.
(2) That, at the time such additional property tax reimbursements are required to be made under section 323.156 or 4503.068 of the Revised Code, there will be sufficient revenue, currently in the process of collection and not otherwise appropriated or encumbered, to the credit of one or more funds of the state treasury and available to make such additional reimbursements.
(B) The amendment by this act of sections 4503.064, 4503.065, 4503.066, and 4503.067 of the Revised Code does not apply until the tax year next ensuing the tax year the amendment of sections 323.151, 323.152, 323.153, and 323.154 of the Revised Code applies in accordance with division (A) of this section.
(C) For any tax years before the first tax year the amendments referred to in divisions (A) and (B) of this section apply, the sections as they existed before the effective date of those amendments shall apply.
Section 803.09. The amendment or enactment by this act of section 4505.06, division (B)(23) of section 5739.02, and sections 5739.029, 5739.033, and 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 sections of law amended, enacted, or repealed by this act that are listed in this section are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the sections, and the items of law of which they are composed, take effect as specified in this section. If, however, a referendum petition is filed against any such section as amended, enacted, or repealed, or against any item of law of which any such section as amended or enacted is composed, the section as amended, enacted, or repealed goes into effect at the earliest time permitted by law that is on or after the effective date specified in this section.
Section 5111.014 of the Revised Code takes effect January 1, 2008.
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 109.57, 122.051, 122.071, 122.076, 122.17, 122.171, 122.174, 122.602, 124.152, 126.16, 126.24, 126.40, 127.16, 173.35, 183.01, 183.021, 183.17, 183.33, 183.34, 183.35, 183.51, 183.52, 1503.05, 1713.031, 2927.023, 3109.04, 3109.041, 3119.022, 3119.023, 3119.29, 3119.30, 3301.0711, 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, 3313.615, 3313.98, 3314.015, 3314.016, 3314.02, 3314.074, 3314.08, 3314.087, 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, 3317.08, 3317.16, 3317.20, 3317.201, 3318.12, 3323.052, 3333.55, 3365.01, 3701.135, 3702.68 (3702.59), 3704.03, 3704.14, 3721.51, 3721.541, 3721.56, 3735.672, 4301.43, 4503.10, 4513.263, 4723.621, 4723.63, 4723.64, 4723.65, 4723.66, 4743.05, 4766.05, 4775.08, 5101.802, 5101.98, 5104.30, 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, 5126.11, 5126.12, 5126.15, 5126.19, 5126.25, 5126.40, 5126.42, 5126.43, 5126.45, 5126.47, 5709.68, 5747.46, 5747.47, 5747.50, 5747.501, 5747.51, 5747.52, 5747.53, 5747.54, 5747.55, 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, 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.
The version of section 127.16 of the Revised Code that is scheduled to take effect July 1, 2007, takes effect July 1, 2007.
Sections 340.03 and 5119.611 of the Revised Code take effect July 1, 2007.
Sections 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, and 5747.03 of the Revised Code take effect December 1, 2007.
Sections 118.01, 118.08, 118.17, 118.20, 118.23, 127.14, 131.44, 131.51, 133.10, 133.25, 135.35, 135.352, 152.31, 164.05, 164.051, 307.021, 307.6910, 321.08, 709.191, 742.301, 3375.05, 3375.121, 3375.40, 3375.85, 4123.35, 5139.27, 5139.271, 5705.28, 5705.281, 5705.29, 5705.30, 5705.31, 5705.32, 5705.321, 5705.37, 5709.882, 5715.36, 5719.041, 5725.151, 5725.24, 5747.48, and 6121.043 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, 319.202, 319.54, 322.01, 323.151, 323.152, 323.153, 323.154, 325.31, 1548.06, 4503.06, 4503.061, 4503.064, 4503.065, 4503.066, 4503.067, 4505.06, 4519.55, 5739.02, 5739.029, 5739.033, 5739.12, 5739.213, 5741.02, 5743.01, 5743.20, 5743.331, 5745.02, 5745.05, 5745.13, 5748.01, 5748.02, 5748.021, 5748.022, 5748.04, 5748.08, and 5751.23 of the Revised Code.
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 821.18. (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 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 5705.31 of the Revised Code as amended by both Sub. H.B. 129 and Am. Sub. S.B. 5 of
the 124th 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.