|
|
| To amend sections 9.821, 9.822, 9.823, 9.83, 107.12, | 1 |
| 107.40, 109.57, 109.572, 109.93, 111.18, 118.01, | 2 |
| 118.08, 118.17, 118.20, 118.23, 119.07, 120.33, | 3 |
| 122.17, 122.171, 122.602, 124.152, 125.45, 125.93, | 4 |
| 125.96, 125.97, 125.98, 126.07, 126.08, 126.16, | 5 |
| 126.21, 126.22, 127.14, 127.16, 131.44, 133.01, | 6 |
| 133.10, 133.25, 135.35, 135.352, 151.08, 151.40, | 7 |
| 152.31, 156.02, 164.03, 164.05, 164.051, 164.08, | 8 |
| 164.09, 166.08, 173.04, 173.35, 173.85, 173.86, | 9 |
| 174.03, 174.06, 183.01, 183.021, 183.17, 183.33, | 10 |
| 183.34, 183.35, 307.021, 307.37, 307.695, | 11 |
| 307.6910, 307.98, 307.981, 308.04, 317.08, | 12 |
| 319.202, 319.281, 319.54, 321.08, 322.01, 323.151, | 13 |
| 323.152, 323.153, 323.154, 325.31, 329.04, 329.05, | 14 |
| 329.14, 340.03, 505.376, 517.08, 521.01, 709.191, | 15 |
| 711.05, 711.10, 711.131, 718.13, 742.301, 1503.05, | 16 |
| 1504.02, 1506.01, 1506.99, 1521.01, 1521.20, | 17 |
| 1521.21, 1521.22, 1521.23, 1521.24, 1521.25, | 18 |
| 1521.26, 1521.27, 1521.28, 1521.29, 1521.99, | 19 |
| 1531.06, 1531.35, 1548.06, 1555.08, 1557.03, | 20 |
| 1901.34, 2151.362, 2913.40, 2921.42, 2927.023, | 21 |
| 2935.03, 3109.04, 3109.041, 3119.022, 3119.023, | 22 |
| 3119.27, 3119.29, 3119.30, 3125.12, 3301.0711, | 23 |
| 3301.0714, 3301.53, 3302.03, 3302.10, 3311.24, | 24 |
| 3313.41, 3313.603, 3313.615, 3313.64, 3313.646, | 25 |
| 3313.66, 3313.661, 3313.98, 3314.015, 3314.02, | 26 |
| 3314.074, 3314.08, 3314.26, 3317.01, 3317.012, | 27 |
| 3317.013, 3317.014, 3317.015, 3317.016, 3317.017, | 28 |
| 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, | 29 |
| 3317.025, 3317.026, 3317.027, 3317.028, 3317.029, | 30 |
| 3317.0216, 3317.0217, 3317.03, 3317.04, 3317.06, | 31 |
| 3317.08, 3317.16, 3317.20, 3317.201, 3318.12, | 32 |
| 3318.15, 3318.26, 3319.55, 3323.01, 3323.11, | 33 |
| 3327.05, 3333.04, 3333.122, 3333.38, 3357.01, | 34 |
| 3365.01, 3375.05, 3375.121, 3375.40, 3375.85, | 35 |
| 3381.04, 3501.17, 3701.74, 3701.741, 3701.83, | 36 |
| 3702.52, 3702.5211, 3702.5212, 3702.5213, 3702.57, | 37 |
| 3702.68, 3704.03, 3704.14, 3705.24, 3709.09, | 38 |
| 3709.091, 3721.51, 3721.541, 3721.56, 3734.57, | 39 |
| 3735.672, 3745.11, 3769.087, 3770.03, 3770.06, | 40 |
| 3905.36, 4123.35, 4141.09, 4301.43, 4503.06, | 41 |
| 4503.061, 4503.064, 4503.065, 4503.066, 4503.067, | 42 |
| 4503.10, 4503.102, 4503.35, 4505.06, 4513.263, | 43 |
| 4513.35, 4519.55, 4715.251, 4717.07, 4723.621, | 44 |
| 4723.63, 4723.64, 4723.65, 4723.66, 4731.142, | 45 |
| 4731.22, 4736.01, 4743.05, 4755.03, 4766.05, | 46 |
| 4775.08, 4921.40, 5101.162, 5101.21, 5101.211, | 47 |
| 5101.212, 5101.213, 5101.24, 5101.242, 5101.244, | 48 |
| 5101.26, 5101.51, 5101.571, 5101.572, 5101.58, | 49 |
| 5101.59, 5101.802, 5101.98, 5104.30, 5107.02, | 50 |
| 5107.03, 5107.05, 5107.10, 5107.12, 5107.14, | 51 |
| 5107.16, 5107.17, 5107.281, 5107.30, 5107.36, | 52 |
| 5107.41, 5107.42, 5111.01, 5111.014, 5111.016, | 53 |
| 5111.019, 5111.0112, 5111.023, 5111.03, 5111.06, | 54 |
| 5111.084, 5111.10, 5111.101, 5111.163, 5111.17, | 55 |
| 5111.172, 5111.20, 5111.871, 5111.8814, 5111.891, | 56 |
| 5111.95, 5111.96, 5112.341, 5115.12, 5119.611, | 57 |
| 5123.01, 5123.043, 5123.045, 5123.047, 5123.048, | 58 |
| 5123.049, 5123.0411, 5123.051, 5123.19, 5123.196, | 59 |
| 5123.198, 5123.20, 5123.211, 5123.38, 5123.41, | 60 |
| 5123.51, 5123.60, 5123.602, 5123.603, 5123.604, | 61 |
| 5123.99, 5126.038, 5126.042, 5126.046, 5126.054, | 62 |
| 5126.055, 5126.056, 5126.057, 5126.06, 5126.11, | 63 |
| 5126.12, 5126.15, 5126.18, 5126.19, 5126.25, | 64 |
| 5126.40, 5126.42, 5126.43, 5126.45, 5126.47, | 65 |
| 5139.27, 5139.271, 5139.43, 5302.30, 5528.54, | 66 |
| 5531.10, 5537.04, 5537.16, 5537.99, 5705.28, | 67 |
| 5705.281, 5705.29, 5705.30, 5705.31, 5705.32, | 68 |
| 5705.321, 5705.37, 5705.44, 5709.68, 5709.882, | 69 |
| 5715.36, 5719.041, 5725.151, 5725.24, 5727.45, | 70 |
| 5727.81, 5727.84, 5727.85, 5727.87, 5733.12, | 71 |
| 5733.98, 5739.02, 5739.033, 5739.12, 5739.21, | 72 |
| 5741.02, 5741.03, 5743.01, 5743.20, 5743.331, | 73 |
| 5745.02, 5745.05, 5745.13, 5747.03, 5747.46, | 74 |
| 5747.47, 5747.48, 5747.50, 5747.501, 5747.51, | 75 |
| 5747.52, 5747.53, 5747.54, 5747.55, 5747.98, | 76 |
| 5748.01, 5748.02, 5748.021, 5748.04, 5748.08, | 77 |
| 5751.20, 5751.21, 5751.23, 5907.15, 6109.21, | 78 |
| 6111.04, 6111.44, 6121.04, 6121.043, and 6131.23; | 79 |
| to amend, for the purpose of adopting new section | 80 |
| numbers as indicated in parentheses, sections | 81 |
| 1521.20 (1506.38), 1521.21 (1506.39), 1521.22 | 82 |
| (1506.40), 1521.23 (1506.41), 1521.24 (1506.42), | 83 |
| 1521.25 (1506.43), 1521.26 (1506.44), 1521.27 | 84 |
| (1506.45), 1521.28 (1506.46), 1521.29 (1506.47), | 85 |
| 1521.30 (1506.48), 3702.63 (3702.591), 3702.68 | 86 |
| (3702.59), 5111.95 (5111.033), 5111.96 (5111.034), | 87 |
| and 5126.057 (5126.0511); to enact new sections | 88 |
| 3318.47 and 5123.16 and sections 122.051, 122.071, | 89 |
| 122.076, 122.174, 126.04, 126.24, 126.40, 131.51, | 90 |
| 183.51, 183.52, 901.261, 991.08, 1713.031, | 91 |
| 3123.23, 3301.162, 3303.20, 3310.51 to 3310.63, | 92 |
| 3314.016, 3314.086, 3314.087, 3314.19, 3317.161, | 93 |
| 3323.052, 3327.17, 3333.50, 3333.55, 3345.02, | 94 |
| 3353.20, 3353.21, 3353.22, 3353.23, 3353.24, | 95 |
| 3353.25, 3353.26, 3353.27, 3353.28, 3353.29, | 96 |
| 3353.30, 3357.13, 3701.135, 4766.22, 4923.26, | 97 |
| 5101.541, 5101.573, 5101.574, 5101.575, 5101.591, | 98 |
| 5107.04, 5111.0119, 5111.028, 5111.029, 5111.031, | 99 |
| 5111.032, 5111.085, 5111.102, 5111.165, 5111.84, | 100 |
| 5111.861, 5123.033, 5123.0414, 5123.0415, | 101 |
| 5123.0416, 5123.161, 5123.162, 5123.163, 5123.164, | 102 |
| 5123.165, 5123.166, 5123.167, 5123.168, 5123.169, | 103 |
| 5123.605, 5126.059, 5126.0510, 5126.0512, | 104 |
| 5323.011, 5533.91, 5733.48, 5739.029, 5739.213, | 105 |
| 5747.77, 5748.022, 5907.16, and 6111.0381; to | 106 |
| repeal sections 125.95, 183.02, 183.27, 183.32, | 107 |
| 3318.47, 3318.48, 3318.49, 3333.29, 3702.68, | 108 |
| 3718.01, 3718.02, 3718.021, 3718.03, 3718.04, | 109 |
| 3718.05, 3718.06, 3718.07, 3718.08, 3718.09, | 110 |
| 3718.10, 3718.99, 4911.021, 5111.161, 5123.16, | 111 |
| 5123.182, 5123.199, 5126.035, 5126.036, 5126.053, | 112 |
| 5126.431, 5126.44, 5126.451, 5747.61, 5747.62, | 113 |
| 5747.63, and 6111.441 of the Revised Code; to | 114 |
| amend Section 310.10 of Am. Sub. H.B. 67 of the | 115 |
| 127th General Assembly; to amend Section 252.70 of | 116 |
| Am. Sub. H.B. 530 of the 126th General Assembly, | 117 |
| to amend Section 153 of Am. Sub. H.B. 117 of the | 118 |
| 121st General Assembly, as subsequently amended, | 119 |
| to amend the version of section 127.16 of the | 120 |
| Revised Code that is scheduled to take effect July | 121 |
| 1, 2007, and to repeal the version of section | 122 |
| 3702.68 of the Revised Code that was to have taken | 123 |
| effect July 1, 2007, to make operating | 124 |
| appropriations for the biennium beginning July 1, | 125 |
| 2007, and ending June 30, 2009, and to provide | 126 |
| authorization and conditions for the operation of | 127 |
| state programs; to confirm and order | 128 |
| implementation of sections 9.833, 9.90, 3311.19, | 129 |
| 3313.12, 3313.202, 3313.33, 4117.03, and 4117.08 | 130 |
| and to confirm and order complete implementation | 131 |
| of section 9.901 of the Revised Code as the | 132 |
| sections result from Am. Sub. H.B. 66 of the 126th | 133 |
| General Assembly; to repeal Section 611.03 of Am. | 134 |
| Sub. H.B. 66 of the 126th General Assembly; and to | 135 |
| amend sections 9.90, 9.901, 3313.202, 3313.33, and | 136 |
| 4117.03 of the Revised Code to make other | 137 |
| specifications pertaining to that implementation | 138 |
| as have become necessary; and to terminate | 139 |
| operation of section 5101.213 of the Revised Code | 140 |
| on July 1, 2008, by repealing the section on that | 141 |
| date. | 142 |
| Section 101.01. That sections 9.821, 9.822, 9.823, 9.83, | 143 |
| 107.12, 107.40, 109.57, 109.572, 109.93, 111.18, 118.01, 118.08, | 144 |
| 118.17, 118.20, 118.23, 119.07, 120.33, 122.17, 122.171, 122.602, | 145 |
| 124.152, 125.45, 125.93, 125.96, 125.97, 125.98, 126.07, 126.08, | 146 |
| 126.16, 126.21, 126.22, 127.14, 127.16, 131.44, 133.01, 133.10, | 147 |
| 133.25, 135.35, 135.352, 151.08, 151.40, 152.31, 156.02, 164.03, | 148 |
| 164.05, 164.051, 164.08, 164.09, 166.08, 173.04, 173.35, 173.85, | 149 |
| 173.86, 174.03, 174.06, 183.01, 183.021, 183.17, 183.33, 183.34, | 150 |
| 183.35, 307.021, 307.37, 307.695, 307.6910, 307.98, 307.981, | 151 |
| 308.04, 317.08, 319.202, 319.281, 319.54, 321.08, 322.01, 323.151, | 152 |
| 323.152, 323.153, 323.154, 325.31, 329.04, 329.05, 329.14, 340.03, | 153 |
| 505.376, 517.08, 521.01, 709.191, 711.05, 711.10, 711.131, 718.13, | 154 |
| 742.301, 1503.05, 1504.02, 1506.01, 1506.99, 1521.01, 1521.20, | 155 |
| 1521.21, 1521.22, 1521.23, 1521.24, 1521.25, 1521.26, 1521.27, | 156 |
| 1521.28, 1521.29, 1521.99, 1531.06, 1531.35, 1548.06, 1555.08, | 157 |
| 1557.03, 1901.34, 2151.362, 2913.40, 2921.42, 2927.023, 2935.03, | 158 |
| 3109.04, 3109.041, 3119.022, 3119.023, 3119.27, 3119.29, 3119.30, | 159 |
| 3125.12, 3301.0711, 3301.0714, 3301.53, 3302.03, 3302.10, 3311.24, | 160 |
| 3313.41, 3313.603, 3313.615, 3313.64, 3313.646, 3313.66, 3313.661, | 161 |
| 3313.98, 3314.015, 3314.02, 3314.074, 3314.08, 3314.26, 3317.01, | 162 |
| 3317.012, 3317.013, 3317.014, 3317.015, 3317.016, 3317.017, | 163 |
| 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.025, | 164 |
| 3317.026, 3317.027, 3317.028, 3317.029, 3317.0216, 3317.0217, | 165 |
| 3317.03, 3317.04, 3317.06, 3317.08, 3317.16, 3317.20, 3317.201, | 166 |
| 3318.12, 3318.15, 3318.26, 3319.55, 3323.01, 3323.11, 3327.05, | 167 |
| 3333.04, 3333.122, 3333.38, 3357.01, 3365.01, 3375.05, 3375.121, | 168 |
| 3375.40, 3375.85, 3381.04, 3501.17, 3701.74, 3701.741, 3701.83, | 169 |
| 3702.52, 3702.5211, 3702.5212, 3702.5213, 3702.57, 3702.68, | 170 |
| 3704.03, 3704.14, 3705.24, 3709.09, 3709.091, 3721.51, 3721.541, | 171 |
| 3721.56, 3734.57, 3735.672, 3745.11, 3769.087, 3770.03, 3770.06, | 172 |
| 3905.36, 4123.35, 4141.09, 4301.43, 4503.06, 4503.061, 4503.064, | 173 |
| 4503.065, 4503.066, 4503.067, 4503.10, 4503.102, 4503.35, 4505.06, | 174 |
| 4513.263, 4513.35, 4519.55, 4715.251, 4717.07, 4723.621, 4723.63, | 175 |
| 4723.64, 4723.65, 4723.66, 4731.142, 4731.22, 4736.01, 4743.05, | 176 |
| 4755.03, 4766.05, 4775.08, 4921.40, 5101.162, 5101.21, 5101.211, | 177 |
| 5101.212, 5101.213, 5101.24, 5101.242, 5101.244, 5101.51, | 178 |
| 5101.571, 5101.572, 5101.58, 5101.59, 5101.802, 5101.98, 5104.30, | 179 |
| 5107.02, 5107.03, 5107.05, 5107.10, 5107.12, 5107.14, 5107.16, | 180 |
| 5107.17, 5107.281, 5107.30, 5107.36, 5107.41, 5107.42, 5111.01, | 181 |
| 5111.014, 5111.016, 5111.019, 5111.0112, 5111.023, 5111.03, | 182 |
| 5111.06, 5111.084, 5111.10, 5111.101, 5111.163, 5111.17, 5111.172, | 183 |
| 5111.20, 5111.871, 5111.8814, 5111.891, 5111.95, 5111.96, | 184 |
| 5112.341, 5115.12, 5119.611, 5123.01, 5123.043, 5123.045, | 185 |
| 5123.047, 5123.048, 5123.049, 5123.0411, 5123.051, 5123.19, | 186 |
| 5123.196, 5123.198, 5123.20, 5123.211, 5123.38, 5123.41, 5123.51, | 187 |
| 5123.60, 5123.602, 5123.603, 5123.604, 5123.99, 5126.038, | 188 |
| 5126.042, 5126.046, 5126.054, 5126.055, 5126.056, 5126.057, | 189 |
| 5126.06, 5126.11, 5126.12, 5126.15, 5126.18, 5126.19, 5126.25, | 190 |
| 5126.40, 5126.42, 5126.43, 5126.45, 5126.47, 5139.27, 5139.271, | 191 |
| 5139.43, 5302.30, 5528.54, 5531.10, 5537.04, 5537.16, 5537.99, | 192 |
| 5705.28, 5705.281, 5705.29, 5705.30, 5705.31, 5705.32, 5705.321, | 193 |
| 5705.37, 5705.44, 5709.68, 5709.882, 5715.36, 5719.041, 5725.151, | 194 |
| 5725.24, 5727.45, 5727.81, 5727.84, 5727.85, 5727.87, 5733.12, | 195 |
| 5733.98, 5739.02, 5739.033, 5739.12, 5739.21, 5741.02, 5741.03, | 196 |
| 5743.01, 5743.20, 5743.331, 5745.02, 5745.05, 5745.13, 5747.03, | 197 |
| 5747.46, 5747.47, 5747.48, 5747.50, 5747.501, 5747.51, 5747.52, | 198 |
| 5747.53, 5747.54, 5747.55, 5747.98, 5748.01, 5748.02, 5748.021, | 199 |
| 5748.04, 5748.08, 5751.20, 5751.21, 5751.23, 5907.15, 6109.21, | 200 |
| 6111.04, 6111.44, 6121.04, 6121.043, and 6131.23 be amended; | 201 |
| sections 1521.20 (1506.38), 1521.21 (1506.39), 1521.22 (1506.40), | 202 |
| 1521.23 (1506.41), 1521.24 (1506.42), 1521.25 (1506.43), 1521.26 | 203 |
| (1506.44), 1521.27 (1506.45), 1521.28 (1506.46), 1521.29 | 204 |
| (1506.47), 1521.30 (1506.48), 3702.63 (3702.591), 3702.68 | 205 |
| (3702.59), 5111.95 (5111.033), 5111.96 (5111.034), and 5126.057 | 206 |
| (5126.0511) be amended for the purpose of adopting new section | 207 |
| numbers as indicated in parentheses; and new sections 3318.47 and | 208 |
| 5123.16 and sections 122.051, 122.071, 122.076, 122.174, 126.04, | 209 |
| 126.24, 126.40, 131.51, 183.51, 183.52, 901.261, 991.08, 1713.031, | 210 |
| 3123.23, 3301.162, 3303.20, 3310.51, 3310.52, 3310.53, 3310.54, | 211 |
| 3310.55, 3310.56, 3310.57, 3310.58, 3310.59, 3310.60, 3310.61, | 212 |
| 3310.62, 3310.63, 3314.016, 3314.086, 3314.087, 3314.19, 3317.161, | 213 |
| 3323.052, 3327.17, 3333.50, 3333.55, 3345.02, 3353.20, 3353.21, | 214 |
| 3353.22, 3353.23, 3353.24, 3353.25, 3353.26, 3353.27, 3353.28, | 215 |
| 3353.29, 3353.30, 3357.13, 3701.135, 4766.22, 4923.26, 5101.541, | 216 |
| 5101.573, 5101.574, 5101.575, 5101.591, 5107.04, 5111.0119, | 217 |
| 5111.028, 5111.029, 5111.031, 5111.032, 5111.085, 5111.102, | 218 |
| 5111.165, 5111.84, 5111.861, 5123.033, 5123.0414, 5123.0415, | 219 |
| 5123.0416, 5123.161, 5123.162, 5123.163, 5123.164, 5123.165, | 220 |
| 5123.166, 5123.167, 5123.168, 5123.169, 5123.605, 5126.059, | 221 |
| 5126.0510, 5126.0512, 5323.011, 5533.91, 5733.48, 5739.029, | 222 |
| 5739.213, 5747.77, 5748.022, 5907.16, and 6111.0381 of the Revised | 223 |
| Code be enacted to read as follows: | 224 |
| Sec. 9.821. (A) The department of administrative services | 225 |
| shall direct and manage for state agencies all risk management and | 226 |
| insurance programs authorized under section 9.822 of the Revised | 227 |
| Code. | 228 |
| (B) The office of risk management is hereby established | 229 |
| within the department of administrative services. The director of | 230 |
| administrative services, or a deputy director appointed by the | 231 |
| director, shall control and supervise the office. | 232 |
| (C) The office may take any of the following actions that it | 233 |
| determines to be in the best interests of the state: | 234 |
| (1) Provide all insurance coverages for the state, including, | 235 |
| but not limited to, automobile liability, casualty, property, | 236 |
| public liability, and | 237 |
| 238 | |
| insurance coverage shall be paid from appropriations made to the | 239 |
| state agencies that the office has designated to receive the | 240 |
| coverage. | 241 |
| (2) Provide coverage of legal expenses that are necessary and | 242 |
| related to the legal defense of claims against the state; | 243 |
| (3) Purchase insurance policies consistent with sections | 244 |
| 125.01 to 125.111 of the Revised Code, develop and administer | 245 |
| self-insurance programs, or do both; | 246 |
| (4) Consolidate and combine state insurance coverages; | 247 |
| (5) Provide technical services in risk management and | 248 |
| insurance to state agencies; | 249 |
| (6) | 250 |
| 251 | |
| 252 | |
| 253 | |
| 254 |
| | 255 |
| 256 | |
| 257 | |
| 258 |
| | 259 |
| 260 | |
| 261 | |
| 262 | |
| 263 | |
| 264 | |
| 265 | |
| 266 | |
| 267 | |
| 268 | |
| 269 |
| | 270 |
| 271 | |
| 272 | |
| 273 |
| | 274 |
| 275 | |
| Revised Code, necessary rules and procedures governing the | 276 |
| administration of the state's insurance and risk management | 277 |
| activities. | 278 |
| (D) No state agency, except a state agency exempted under | 279 |
| section 125.02 or 125.04 of the Revised Code from the department's | 280 |
| purchasing authority, shall purchase any insurance described in | 281 |
| this section except as authorized by the department, when the | 282 |
| office of risk management determines that the purchase is in the | 283 |
| best interest of the state pursuant to division (C)(1) of this | 284 |
| section, and in accordance with terms, conditions, and procurement | 285 |
| methods established by the department. | 286 |
| (E) With respect to any civil action, demand, or claim | 287 |
| against the state that could be filed in the court of claims, | 288 |
| nothing in sections 9.82 to 9.823 of the Revised Code shall be | 289 |
| interpreted to permit the settlement or compromise of those civil | 290 |
| actions, demands, or claims, except in the manner provided in | 291 |
| Chapter 2743. of the Revised Code. | 292 |
| Sec. 9.822. (A) The department of administrative services | 293 |
| through the office of risk management shall establish an insurance | 294 |
| plan or plans that may provide for self-insurance or the purchase | 295 |
|
of insurance, or both, for | 296 |
| (1) Insuring state real and personal property against losses | 297 |
| occasioned by fire, windstorm, or other accidents and perils; | 298 |
| (2) Insuring the state and its officers and employees against | 299 |
| liability resulting from any civil action, demand, or claim | 300 |
| against the state or its officers and employees arising out of any | 301 |
| act or omission of an officer or employee in the performance of | 302 |
| official duties, except acts and omissions for which | 303 |
| indemnification is prohibited under section 9.87 of the Revised | 304 |
|
Code | 305 |
| | 306 |
| through the office of risk management shall establish one or more | 307 |
| insurance plans that provide for the purchase of insurance for the | 308 |
| purpose of insuring the state through the fidelity bonding of | 309 |
| state officers, employees, and agents who are required by law to | 310 |
| provide a fidelity bond. Nothing in this section shall be | 311 |
| construed to allow the department of administrative services | 312 |
| through the office of risk management to administer the state's | 313 |
| fidelity bonding program through a program of self-insurance. | 314 |
| | 315 |
| 316 | |
| 317 | |
| 318 | |
| 319 | |
| 320 |
| | 321 |
| 322 | |
| 323 | |
| 324 |
| | 325 |
| 326 | |
| 327 | |
| 328 | |
| 329 | |
| 330 | |
| 331 | |
| 332 | |
| 333 | |
| 334 | |
| 335 |
| Sec. 9.823. (A) All contributions collected by the director | 336 |
| of administrative services under division (E) of this section | 337 |
| shall be deposited into the state treasury to the credit of the | 338 |
| risk management reserve fund, which is hereby created. The fund | 339 |
| shall be used to provide insurance and self-insurance for the | 340 |
| state under | 341 |
| All investment earnings of the fund shall be credited to it. | 342 |
| (B) The director, through the office of risk management, | 343 |
| shall operate the risk management reserve fund on an actuarially | 344 |
| sound basis. | 345 |
| (C) Reserves shall be maintained in the risk management | 346 |
| reserve fund in any amount that is necessary and adequate, in the | 347 |
| exercise of sound and prudent actuarial judgment, to cover | 348 |
| potential liability claims, expenses, fees, or damages. Money in | 349 |
| the fund may be applied to the payment of liability claims that | 350 |
| are filed against the state in the court of claims and determined | 351 |
| in the manner provided for under Chapter 2743. of the Revised | 352 |
| Code. The director may procure the services of a qualified | 353 |
| actuarial firm for the purpose of recommending the specific amount | 354 |
| of money that would be required to maintain adequate reserves for | 355 |
| a given period of time. | 356 |
| (D) A report of the amounts reserved and disbursements made | 357 |
| from the reserves, together with a written report of a competent | 358 |
| property and casualty actuary, shall be submitted, on or before | 359 |
| the last day of March for the preceding calendar year, to the | 360 |
| speaker of the house of representatives and the president of the | 361 |
| senate. The actuary shall certify the adequacy of the rates of | 362 |
| contributions, the sufficiency of excess insurance, and whether | 363 |
| the amounts reserved conform to the requirements of this section, | 364 |
| are computed in accordance with accepted loss reserving standards, | 365 |
| and are fairly stated in accordance with sound loss reserving | 366 |
| principles. The report shall include disbursements made for the | 367 |
| administration of the fund, including claims paid, cost of legal | 368 |
| representation of state agencies and employees, and fees paid to | 369 |
| consultants. | 370 |
| (E) The director shall collect from each state agency or any | 371 |
| participating state body its contribution to the risk management | 372 |
| reserve fund for the purpose of purchasing insurance or | 373 |
| administering self-insurance programs for coverages authorized | 374 |
|
under | 375 |
| contribution shall be determined by the director, with the | 376 |
| approval of the director of budget and management, and shall be | 377 |
| based upon actuarial assumptions and the relative risk and loss | 378 |
| experience of each state agency or participating state body. The | 379 |
| contribution shall further include a reasonable sum to cover the | 380 |
| department's administrative costs. | 381 |
| Sec. 9.83. (A) The state and any political subdivision may | 382 |
| procure a policy or policies of insurance insuring its officers | 383 |
| and employees against liability for injury, death, or loss to | 384 |
| person or property that arises out of the operation of an | 385 |
| automobile, truck, motor vehicle with auxiliary equipment, | 386 |
| self-propelling equipment or trailer, aircraft, or watercraft by | 387 |
| the officers or employees while engaged in the course of their | 388 |
| employment or official responsibilities for the state or the | 389 |
| political subdivision. The state is authorized to expend funds to | 390 |
| pay judgments that are rendered in any court against its officers | 391 |
| or employees and that result from such operation, and is | 392 |
| authorized to expend funds to compromise claims for liability | 393 |
| against its officers or employees that result from such operation. | 394 |
| No insurer shall deny coverage under such a policy, and the state | 395 |
| shall not refuse to pay judgments or compromise claims, on the | 396 |
| ground that an automobile, truck, motor vehicle with auxiliary | 397 |
| equipment, self-propelling equipment or trailer, aircraft, or | 398 |
| watercraft was not being used in the course of an officer's or | 399 |
| employee's employment or official responsibilities for the state | 400 |
| or a political subdivision unless the officer or employee who was | 401 |
| operating an automobile, truck, motor vehicle with auxiliary | 402 |
| equipment, or self-propelling equipment or trailer is convicted of | 403 |
| a violation of section 124.71 of the Revised Code as a result of | 404 |
| the same events. | 405 |
| (B) Funds shall be reserved as necessary, in the exercise of | 406 |
| sound and prudent actuarial judgment, to cover potential expense, | 407 |
| fees, damage, loss, or other liability. The
| 408 |
| 409 | |
|
requests of the | 410 |
| recommend | 411 |
| 412 | |
| represents such a judgment. | 413 |
| (C) Nothing in this section shall be construed to require the | 414 |
| department of administrative services to purchase liability | 415 |
| insurance for all state vehicles in a single policy of insurance | 416 |
| or to cover all state vehicles under a single plan of | 417 |
| self-insurance. | 418 |
| (D) Insurance procured by the state pursuant to this section | 419 |
| shall be procured as provided in section 125.03 of the Revised | 420 |
| Code. | 421 |
| (E) For purposes of liability insurance procured under this | 422 |
| section to cover the operation of a motor vehicle by a prisoner | 423 |
| for whom the insurance is procured, "employee" includes a prisoner | 424 |
| in the custody of the department of rehabilitation and correction | 425 |
| who is enrolled in a work program that is established by the | 426 |
| department pursuant to section 5145.16 of the Revised Code and in | 427 |
| which the prisoner is required to operate a motor vehicle, as | 428 |
| defined in section 4509.01 of the Revised Code, and who is engaged | 429 |
| in the operation of a motor vehicle in the course of the work | 430 |
| program. | 431 |
| (F) | 432 |
| 433 | |
| administrative services under division (I) of this section shall | 434 |
| be deposited into the | 435 |
| 436 | |
| 437 | |
| management reserve fund created in section 9.823 of the Revised | 438 |
| Code to the credit of the vehicle liability program. | 439 |
| (G) | 440 |
| 441 | |
| 442 |
| | 443 |
| risk management reserve fund to the credit of the vehicle | 444 |
| liability program in any amount that is necessary and adequate, in | 445 |
| the exercise of sound and prudent actuarial judgment, to cover | 446 |
| potential liability claims, expenses, fees, or damages. Money in | 447 |
| the fund may be applied to the payment of liability claims that | 448 |
| are filed against the state in the court of claims and determined | 449 |
| in the manner provided in Chapter 2743. of the Revised Code. The | 450 |
| director of administrative services may procure the services of a | 451 |
| qualified actuarial firm for the purpose of recommending the | 452 |
| specific amount of money that is required to maintain adequate | 453 |
| reserves for a specified period of time. | 454 |
| | 455 |
| from each state agency or any participating state body its | 456 |
| contribution to the vehicle liability | 457 |
| of purchasing insurance or administering self-insurance programs | 458 |
| for coverage authorized under this section. The amount of the | 459 |
| contribution shall be determined by the director, with the | 460 |
| approval of the director of budget and management. It shall be | 461 |
| based upon actuarial assumptions and the relative risk and loss | 462 |
| experience of each state agency or participating state body. The | 463 |
| amount of the contribution also shall include a reasonable sum to | 464 |
| cover administrative costs of the department of administrative | 465 |
| services. The amounts collected pursuant to this division shall be | 466 |
| deposited in the risk management reserve fund to the credit of the | 467 |
| vehicle liability program. | 468 |
| Sec. 107.12. (A) As used in this section, "organization" | 469 |
| means a faith-based or other organization that is exempt from | 470 |
| federal income taxation under section 501(c)(3) of the Internal | 471 |
| Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended, and | 472 |
| provides charitable services to needy residents of this state. | 473 |
| (B) There is hereby established within the office of the | 474 |
| governor the governor's office of faith-based and community | 475 |
| initiatives. The office shall: | 476 |
| (1) Serve as a clearinghouse of information on federal, | 477 |
| state, and local funding for charitable services performed by | 478 |
| organizations; | 479 |
| (2) Encourage organizations to seek public funding for their | 480 |
| charitable services; | 481 |
| (3) Act as a liaison between state agencies and | 482 |
| organizations; | 483 |
| (4) Advise the governor, general assembly, and the advisory | 484 |
| board of the governor's office of faith-based community | 485 |
| initiatives on the barriers that exist to collaboration between | 486 |
| organizations and governmental entities and on ways to remove the | 487 |
| barriers. | 488 |
| (C) The governor shall appoint an executive assistant to | 489 |
| manage the office and perform or oversee the performance of the | 490 |
| duties of the office. | 491 |
| (D)(1) There is hereby created the advisory board of the | 492 |
| governor's office of faith-based and community initiatives. The | 493 |
| board shall consist of members appointed as follows: | 494 |
| (a) The directors of aging, alcohol and drug addiction | 495 |
| services, rehabilitation and correction, health, job and family | 496 |
| services, mental health, and youth services shall each appoint to | 497 |
| the board one employee of that director's department. | 498 |
| (b) The speaker of the house of representatives shall appoint | 499 |
| to the board two members of the house of representatives, not more | 500 |
| than one of whom shall be from the same political party and at | 501 |
| least one of whom shall be from the legislative black caucus. The | 502 |
| speaker of the house of representatives shall consult with the | 503 |
| president of the legislative black caucus in making the | 504 |
| legislative black caucus member appointment. The president of the | 505 |
| senate shall appoint to the board two members of the senate, not | 506 |
| more than one of whom shall be from the same political party. | 507 |
| (c) The governor, speaker of the house of representatives, | 508 |
| and president of the senate shall each appoint to the board three | 509 |
| representatives of the nonprofit, faith-based and other nonprofit | 510 |
| community. | 511 |
| (2) | 512 |
| 513 | |
| shall be one year. Any vacancy that occurs on the board shall be | 514 |
| filled in the same manner as the original appointment. The members | 515 |
| of the board shall serve without compensation. | 516 |
| (3) At its initial meeting, the board shall elect a | 517 |
| chairperson. The chairperson shall be a member of the board who is | 518 |
| a member of the house of representatives. | 519 |
| (E) The board shall do both of the following: | 520 |
| (1) Provide direction, guidance, and oversight to the office; | 521 |
| (2) Publish a report of its activities on or before the first | 522 |
| day of August of each year, and deliver copies of the report to | 523 |
| the governor, the speaker and minority leader of the house of | 524 |
| representatives, and the president and minority leader of the | 525 |
| senate. | 526 |
| (F) No member of the board or organization that the member is | 527 |
| affiliated or involved with is eligible to receive any grant that | 528 |
| the office administers or assists in administering. | 529 |
| Sec. 107.40. (A) There is hereby created the governor's | 530 |
| residence advisory commission. The commission shall provide for | 531 |
| the preservation, restoration, acquisition, and conservation of | 532 |
| all decorations, objects of art, chandeliers, china, silver, | 533 |
| statues, paintings, furnishings, accouterments, and other | 534 |
| aesthetic materials that have been acquired, donated, loaned, or | 535 |
| otherwise obtained by the state for the governor's residence and | 536 |
| that have been approved by the commission. In addition, the | 537 |
| commission shall provide for the maintenance of plants that have | 538 |
| been acquired, donated, loaned, or otherwise obtained by the state | 539 |
| for the governor's residence and that have been approved by the | 540 |
| commission. | 541 |
| (B) The commission shall be responsible for the care, | 542 |
| provision, repair, and placement of furnishings and other objects | 543 |
| and accessories of the grounds and public areas of the first story | 544 |
| of the governor's residence and for the care and placement of | 545 |
| plants on the grounds. In exercising this responsibility, the | 546 |
| commission shall preserve and seek to further establish all of the | 547 |
| following: | 548 |
| (1) The authentic ambiance and decor of the historic era | 549 |
| during which the governor's residence was constructed; | 550 |
| (2) The grounds as a representation of Ohio's natural | 551 |
| ecosystems; | 552 |
| (3) The heritage garden for all of the following purposes: | 553 |
| (a) To preserve, sustain, and encourage the use of native | 554 |
| flora throughout the state; | 555 |
| (b) To replicate the state's physiographic regions, plant | 556 |
| communities, and natural landscapes; | 557 |
| (c) To serve as an educational garden that demonstrates the | 558 |
| artistic, industrial, political, horticultural, and geologic | 559 |
| history of the state through the use of plants; | 560 |
| (d) To serve as a reservoir of rare species of plants from | 561 |
| the physiographic regions of the state. | 562 |
| These duties shall not affect the obligation of the | 563 |
| department of administrative services to provide for | 564 |
| policies and procedures regarding the use, general maintenance, | 565 |
| and operating expenses of the governor's residence. | 566 |
| (C) The commission shall consist of eleven members. One | 567 |
| member shall be the director of administrative services or the | 568 |
| director's designee, who shall serve during the director's term of | 569 |
| office and shall serve as chairperson. One member shall be the | 570 |
| director of the Ohio historical society or the director's | 571 |
| designee, who shall serve during the director's term of office and | 572 |
| shall serve as vice-chairperson. One member shall represent the | 573 |
| Columbus landmarks foundation. One member shall represent the | 574 |
| Bexley historical society. One member shall be the mayor of the | 575 |
| city of Bexley, who shall serve during the mayor's term of office. | 576 |
| One member shall be the chief executive officer of the Franklin | 577 |
| park conservatory joint recreation district, who shall serve | 578 |
| during the term of employment as chief executive officer. The | 579 |
| remaining five members shall be appointed by the governor with the | 580 |
| advice and consent of the senate. The five members appointed by | 581 |
| the governor shall be persons with knowledge of Ohio history, | 582 |
| architecture, decorative arts, or historic preservation, and one | 583 |
| of those members shall have knowledge of landscape architecture, | 584 |
| garden design, horticulture, and plants native to this state. | 585 |
| (D) Of the initial appointees, the representative of the | 586 |
| Columbus landmarks foundation shall serve for a term expiring | 587 |
| December 31, 1996, and the representative of the Bexley historical | 588 |
| society shall serve for a term expiring December 31, 1997. Of the | 589 |
| five members appointed by the governor, three shall serve for | 590 |
| terms ending December 31, 1998, and two shall serve for terms | 591 |
| ending December 31, 1999. Thereafter, each term shall be for four | 592 |
| years, commencing on the first day of January and ending on the | 593 |
| last day of December. The member having knowledge of landscape | 594 |
| architecture, garden design, horticulture, and plants native to | 595 |
| this state initially shall be appointed upon the first vacancy on | 596 |
| the commission occurring on or after June 30, 2006. | 597 |
| Each member shall hold office from the date of the member's | 598 |
| appointment until the end of the term for which the member was | 599 |
| appointed. Any member appointed to fill a vacancy occurring prior | 600 |
| to the end of the term for which the member's predecessor was | 601 |
| appointed shall hold office for the remainder of the term. Any | 602 |
| member shall continue in office subsequent to the expiration of | 603 |
| the term until the member's successor takes office. | 604 |
| (E) Six members of the commission constitute a quorum, and | 605 |
| the affirmative vote of six members is required for approval of | 606 |
| any action by the commission. | 607 |
| (F) After each initial member of the commission has been | 608 |
| appointed, the commission shall meet and select one member as | 609 |
| secretary and another as treasurer. Organizational meetings of the | 610 |
| commission shall be held at the time and place designated by call | 611 |
| of the chairperson. Meetings of the commission may be held | 612 |
| anywhere in the state and shall be in compliance with Chapters | 613 |
| 121. and 149. of the Revised Code. The commission may adopt, | 614 |
| pursuant to section 111.15 of the Revised Code, rules necessary to | 615 |
| carry out the purposes of this section. | 616 |
| (G) Members of the commission shall serve without | 617 |
| remuneration, but shall be compensated for actual and necessary | 618 |
| expenses incurred in the performance of their official duties. | 619 |
| (H) All expenses incurred in carrying out this section are | 620 |
| payable solely from money accrued under this section or | 621 |
| appropriated for these purposes by the general assembly, and the | 622 |
| commission shall incur no liability or obligation beyond such | 623 |
| money. | 624 |
| (I) | 625 |
| commission may accept any payment for the use of the governor's | 626 |
| residence or may accept any donation, gift, bequest, or devise for | 627 |
| the governor's residence or as an endowment for the maintenance | 628 |
| and care of the garden on the grounds of the governor's residence | 629 |
| in furtherance of its duties. The commission shall not accept any | 630 |
| donation, gift, bequest, or devise from a person, individual, or | 631 |
| member of an individual's immediate family if the person or | 632 |
| individual is receiving payments under a contract with the state | 633 |
| or a state agency for the purchase of supplies, services, or | 634 |
| equipment or for the construction, reconstruction, improvement, | 635 |
| enlargement, alteration, repair, painting, or decoration of a | 636 |
| public improvement, except for payments received under an | 637 |
| employment contract or a collective bargaining agreement. Any | 638 |
| revenue received by the commission shall be deposited into the | 639 |
| governor's residence fund, which is hereby established in the | 640 |
| state treasury, for use by the commission in accordance with the | 641 |
| performance of its duties. All investment earnings of the fund | 642 |
| shall be credited to the fund. Title to all property acquired by | 643 |
| the commission shall be taken in the name of the state and shall | 644 |
| be held for the use and benefit of the commission. | 645 |
| (J) Nothing in this section limits the ability of a person or | 646 |
| other entity to purchase decorations, objects of art, chandeliers, | 647 |
| china, silver, statues, paintings, furnishings, accouterments, | 648 |
| plants, or other aesthetic materials for placement in the | 649 |
| governor's residence or on the grounds of the governor's residence | 650 |
| or donation to the commission. No such object or plant, however, | 651 |
| shall be placed on the grounds or public areas of the first story | 652 |
| of the governor's residence without the consent of the commission. | 653 |
| (K) The heritage garden established under this section shall | 654 |
| be officially known as "the heritage garden at the Ohio governor's | 655 |
| residence." | 656 |
| (L) As used in this section, "heritage garden" means the | 657 |
| botanical garden of native plants established at the governor's | 658 |
| residence. | 659 |
| Sec. 109.57. (A)(1) The superintendent of the bureau of | 660 |
| criminal identification and investigation shall procure from | 661 |
| wherever procurable and file for record photographs, pictures, | 662 |
| descriptions, fingerprints, measurements, and other information | 663 |
| that may be pertinent of all persons who have been convicted of | 664 |
| committing within this state a felony, any crime constituting a | 665 |
| misdemeanor on the first offense and a felony on subsequent | 666 |
| offenses, or any misdemeanor described in division (A)(1)(a) or | 667 |
| (A)(10)(a) of section 109.572 of the Revised Code, of all children | 668 |
| under eighteen years of age who have been adjudicated delinquent | 669 |
| children for committing within this state an act that would be a | 670 |
| felony or an offense of violence if committed by an adult or who | 671 |
| have been convicted of or pleaded guilty to committing within this | 672 |
| state a felony or an offense of violence, and of all well-known | 673 |
| and habitual criminals. The person in charge of any county, | 674 |
| multicounty, municipal, municipal-county, or multicounty-municipal | 675 |
| jail or workhouse, community-based correctional facility, halfway | 676 |
| house, alternative residential facility, or state correctional | 677 |
| institution and the person in charge of any state institution | 678 |
| having custody of a person suspected of having committed a felony, | 679 |
| any crime constituting a misdemeanor on the first offense and a | 680 |
| felony on subsequent offenses, or any misdemeanor described in | 681 |
| division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised | 682 |
| Code or having custody of a child under eighteen years of age with | 683 |
| respect to whom there is probable cause to believe that the child | 684 |
| may have committed an act that would be a felony or an offense of | 685 |
| violence if committed by an adult shall furnish such material to | 686 |
| the superintendent of the bureau. Fingerprints, photographs, or | 687 |
| other descriptive information of a child who is under eighteen | 688 |
| years of age, has not been arrested or otherwise taken into | 689 |
| custody for committing an act that would be a felony or an offense | 690 |
| of violence if committed by an adult, has not been adjudicated a | 691 |
| delinquent child for committing an act that would be a felony or | 692 |
| an offense of violence if committed by an adult, has not been | 693 |
| convicted of or pleaded guilty to committing a felony or an | 694 |
| offense of violence, and is not a child with respect to whom there | 695 |
| is probable cause to believe that the child may have committed an | 696 |
| act that would be a felony or an offense of violence if committed | 697 |
| by an adult shall not be procured by the superintendent or | 698 |
| furnished by any person in charge of any county, multicounty, | 699 |
| municipal, municipal-county, or multicounty-municipal jail or | 700 |
| workhouse, community-based correctional facility, halfway house, | 701 |
| alternative residential facility, or state correctional | 702 |
| institution, except as authorized in section 2151.313 of the | 703 |
| Revised Code. | 704 |
| (2) Every clerk of a court of record in this state, other | 705 |
| than the supreme court or a court of appeals, shall send to the | 706 |
| superintendent of the bureau a weekly report containing a summary | 707 |
| of each case involving a felony, involving any crime constituting | 708 |
| a misdemeanor on the first offense and a felony on subsequent | 709 |
| offenses, involving a misdemeanor described in division (A)(1)(a) | 710 |
| or (A)(10)(a) of section 109.572 of the Revised Code, or involving | 711 |
| an adjudication in a case in which a child under eighteen years of | 712 |
| age was alleged to be a delinquent child for committing an act | 713 |
| that would be a felony or an offense of violence if committed by | 714 |
| an adult. The clerk of the court of common pleas shall include in | 715 |
| the report and summary the clerk sends under this division all | 716 |
| information described in divisions (A)(2)(a) to (f) of this | 717 |
| section regarding a case before the court of appeals that is | 718 |
| served by that clerk. The summary shall be written on the standard | 719 |
| forms furnished by the superintendent pursuant to division (B) of | 720 |
| this section and shall include the following information: | 721 |
| (a) The incident tracking number contained on the standard | 722 |
| forms furnished by the superintendent pursuant to division (B) of | 723 |
| this section; | 724 |
| (b) The style and number of the case; | 725 |
| (c) The date of arrest; | 726 |
| (d) The date that the person was convicted of or pleaded | 727 |
| guilty to the offense, adjudicated a delinquent child for | 728 |
| committing the act that would be a felony or an offense of | 729 |
| violence if committed by an adult, found not guilty of the | 730 |
| offense, or found not to be a delinquent child for committing an | 731 |
| act that would be a felony or an offense of violence if committed | 732 |
| by an adult, the date of an entry dismissing the charge, an entry | 733 |
| declaring a mistrial of the offense in which the person is | 734 |
| discharged, an entry finding that the person or child is not | 735 |
| competent to stand trial, or an entry of a nolle prosequi, or the | 736 |
| date of any other determination that constitutes final resolution | 737 |
| of the case; | 738 |
| (e) A statement of the original charge with the section of | 739 |
| the Revised Code that was alleged to be violated; | 740 |
| (f) If the person or child was convicted, pleaded guilty, or | 741 |
| was adjudicated a delinquent child, the sentence or terms of | 742 |
| probation imposed or any other disposition of the offender or the | 743 |
| delinquent child. | 744 |
| If the offense involved the disarming of a law enforcement | 745 |
| officer or an attempt to disarm a law enforcement officer, the | 746 |
| clerk shall clearly state that fact in the summary, and the | 747 |
| superintendent shall ensure that a clear statement of that fact is | 748 |
| placed in the bureau's records. | 749 |
| (3) The superintendent shall cooperate with and assist | 750 |
| sheriffs, chiefs of police, and other law enforcement officers in | 751 |
| the establishment of a complete system of criminal identification | 752 |
| and in obtaining fingerprints and other means of identification of | 753 |
| all persons arrested on a charge of a felony, any crime | 754 |
| constituting a misdemeanor on the first offense and a felony on | 755 |
| subsequent offenses, or a misdemeanor described in division | 756 |
| (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code and | 757 |
| of all children under eighteen years of age arrested or otherwise | 758 |
| taken into custody for committing an act that would be a felony or | 759 |
| an offense of violence if committed by an adult. The | 760 |
| superintendent also shall file for record the fingerprint | 761 |
| impressions of all persons confined in a county, multicounty, | 762 |
| municipal, municipal-county, or multicounty-municipal jail or | 763 |
| workhouse, community-based correctional facility, halfway house, | 764 |
| alternative residential facility, or state correctional | 765 |
| institution for the violation of state laws and of all children | 766 |
| under eighteen years of age who are confined in a county, | 767 |
| multicounty, municipal, municipal-county, or multicounty-municipal | 768 |
| jail or workhouse, community-based correctional facility, halfway | 769 |
| house, alternative residential facility, or state correctional | 770 |
| institution or in any facility for delinquent children for | 771 |
| committing an act that would be a felony or an offense of violence | 772 |
| if committed by an adult, and any other information that the | 773 |
| superintendent may receive from law enforcement officials of the | 774 |
| state and its political subdivisions. | 775 |
| (4) The superintendent shall carry out Chapter 2950. of the | 776 |
| Revised Code with respect to the registration of persons who are | 777 |
| convicted of or plead guilty to either a sexually oriented offense | 778 |
| that is not a registration-exempt sexually oriented offense or a | 779 |
| child-victim oriented offense and with respect to all other duties | 780 |
| imposed on the bureau under that chapter. | 781 |
| (5) The bureau shall perform centralized recordkeeping | 782 |
| functions for criminal history records and services in this state | 783 |
| for purposes of the national crime prevention and privacy compact | 784 |
| set forth in section 109.571 of the Revised Code and is the | 785 |
| criminal history record repository as defined in that section for | 786 |
| purposes of that compact. The superintendent or the | 787 |
| superintendent's designee is the compact officer for purposes of | 788 |
| that compact and shall carry out the responsibilities of the | 789 |
| compact officer specified in that compact. | 790 |
| (B) The superintendent shall prepare and furnish to every | 791 |
| county, multicounty, municipal, municipal-county, or | 792 |
| multicounty-municipal jail or workhouse, community-based | 793 |
| correctional facility, halfway house, alternative residential | 794 |
| facility, or state correctional institution and to every clerk of | 795 |
| a court in this state specified in division (A)(2) of this section | 796 |
| standard forms for reporting the information required under | 797 |
| division (A) of this section. The standard forms that the | 798 |
| superintendent prepares pursuant to this division may be in a | 799 |
| tangible format, in an electronic format, or in both tangible | 800 |
| formats and electronic formats. | 801 |
| (C) The superintendent may operate a center for electronic, | 802 |
| automated, or other data processing for the storage and retrieval | 803 |
| of information, data, and statistics pertaining to criminals and | 804 |
| to children under eighteen years of age who are adjudicated | 805 |
| delinquent children for committing an act that would be a felony | 806 |
| or an offense of violence if committed by an adult, criminal | 807 |
| activity, crime prevention, law enforcement, and criminal justice, | 808 |
| and may establish and operate a statewide communications network | 809 |
| to gather and disseminate information, data, and statistics for | 810 |
| the use of law enforcement agencies. The superintendent may | 811 |
| gather, store, retrieve, and disseminate information, data, and | 812 |
| statistics that pertain to children who are under eighteen years | 813 |
| of age and that are gathered pursuant to sections 109.57 to 109.61 | 814 |
| of the Revised Code together with information, data, and | 815 |
| statistics that pertain to adults and that are gathered pursuant | 816 |
| to those sections. In addition to any other authorized use of | 817 |
| information, data, and statistics of that nature, the | 818 |
| superintendent or the superintendent's designee may provide and | 819 |
| exchange the information, data, and statistics pursuant to the | 820 |
| national crime prevention and privacy compact as described in | 821 |
| division (A)(5) of this section. | 822 |
| (D) The information and materials furnished to the | 823 |
| superintendent pursuant to division (A) of this section and | 824 |
| information and materials furnished to any board or person under | 825 |
| division (F) or (G) of this section are not public records under | 826 |
| section 149.43 of the Revised Code. | 827 |
| (E) The attorney general shall adopt rules, in accordance | 828 |
| with Chapter 119. of the Revised Code, setting forth the procedure | 829 |
| by which a person may receive or release information gathered by | 830 |
| the superintendent pursuant to division (A) of this section. A | 831 |
| reasonable fee may be charged for this service. If a temporary | 832 |
| employment service submits a request for a determination of | 833 |
| whether a person the service plans to refer to an employment | 834 |
| position has been convicted of or pleaded guilty to an offense | 835 |
| listed in division (A)(1), (3), (4), (5), or (6) of section | 836 |
| 109.572 of the Revised Code, the request shall be treated as a | 837 |
| single request and only one fee shall be charged. | 838 |
| (F)(1) As used in division (F)(2) of this section, "head | 839 |
| start agency" means an entity in this state that has been approved | 840 |
| to be an agency for purposes of subchapter II of the "Community | 841 |
| Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, | 842 |
| as amended. | 843 |
| (2)(a) In addition to or in conjunction with any request that | 844 |
| is required to be made under section 109.572, 2151.86, 3301.32, or | 845 |
| 3301.541, division (C) of section 3310.58, or section 3319.39, | 846 |
| 3701.881, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or | 847 |
| 5153.111 of the Revised Code, the board of education of any school | 848 |
| district; the director of mental retardation and developmental | 849 |
| disabilities; any county board of mental retardation and | 850 |
| developmental disabilities; any entity under contract with a | 851 |
| county board of mental retardation and developmental disabilities; | 852 |
| the chief administrator of any chartered nonpublic school; the | 853 |
| chief administrator of a registered private provider that is not | 854 |
| also a chartered nonpublic school; the chief administrator of any | 855 |
| home health agency; the chief administrator of or person operating | 856 |
| any child day-care center, type A family day-care home, or type B | 857 |
| family day-care home licensed or certified under Chapter 5104. of | 858 |
| the Revised Code; the administrator of any type C family day-care | 859 |
| home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st | 860 |
| general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st | 861 |
| general assembly; the chief administrator of any head start | 862 |
| agency; or the executive director of a public children services | 863 |
| agency may request that the superintendent of the bureau | 864 |
| investigate and determine, with respect to any individual who has | 865 |
| applied for employment in any position after October 2, 1989, or | 866 |
| any individual wishing to apply for employment with a board of | 867 |
| education may request, with regard to the individual, whether the | 868 |
| bureau has any information gathered under division (A) of this | 869 |
| section that pertains to that individual. On receipt of the | 870 |
| request, the superintendent shall determine whether that | 871 |
| information exists and, upon request of the person, board, or | 872 |
| entity requesting information, also shall request from the federal | 873 |
| bureau of investigation any criminal records it has pertaining to | 874 |
| that individual. The superintendent or the superintendent's | 875 |
| designee also may request criminal history records from other | 876 |
| states or the federal government pursuant to the national crime | 877 |
| prevention and privacy compact set forth in section 109.571 of the | 878 |
| Revised Code. Within thirty days of the date that the | 879 |
| superintendent receives a request, the superintendent shall send | 880 |
| to the board, entity, or person a report of any information that | 881 |
| the superintendent determines exists, including information | 882 |
| contained in records that have been sealed under section 2953.32 | 883 |
| of the Revised Code, and, within thirty days of its receipt, shall | 884 |
| send the board, entity, or person a report of any information | 885 |
| received from the federal bureau of investigation, other than | 886 |
| information the dissemination of which is prohibited by federal | 887 |
| law. | 888 |
| (b) When a board of education or a registered private | 889 |
| provider is required to receive information under this section as | 890 |
| a prerequisite to employment of an individual pursuant to division | 891 |
| (C) of section 3310.58 or section 3319.39 of the Revised Code, it | 892 |
| may accept a certified copy of records that were issued by the | 893 |
| bureau of criminal identification and investigation and that are | 894 |
| presented by an individual applying for employment with the | 895 |
| district in lieu of requesting that information itself. In such a | 896 |
| case, the board or provider shall accept the certified copy issued | 897 |
| by the bureau in order to make a photocopy of it for that | 898 |
| individual's employment application documents and shall return the | 899 |
| certified copy to the individual. In a case of that nature, a | 900 |
| district or provider only shall accept a certified copy of records | 901 |
| of that nature within one year after the date of their issuance by | 902 |
| the bureau. | 903 |
| (3) The state board of education may request, with respect to | 904 |
| any individual who has applied for employment after October 2, | 905 |
| 1989, in any position with the state board or the department of | 906 |
| education, any information that a school district board of | 907 |
| education is authorized to request under division (F)(2) of this | 908 |
| section, and the superintendent of the bureau shall proceed as if | 909 |
| the request has been received from a school district board of | 910 |
| education under division (F)(2) of this section. | 911 |
| (4) When the superintendent of the bureau receives a request | 912 |
| for information under section 3319.291 of the Revised Code, the | 913 |
| superintendent shall proceed as if the request has been received | 914 |
| from a school district board of education under division (F)(2) of | 915 |
| this section. | 916 |
| (5) When a recipient of a classroom reading improvement grant | 917 |
| paid under section 3301.86 of the Revised Code requests, with | 918 |
| respect to any individual who applies to participate in providing | 919 |
| any program or service funded in whole or in part by the grant, | 920 |
| the information that a school district board of education is | 921 |
| authorized to request under division (F)(2)(a) of this section, | 922 |
| the superintendent of the bureau shall proceed as if the request | 923 |
| has been received from a school district board of education under | 924 |
| division (F)(2)(a) of this section. | 925 |
| (G) In addition to or in conjunction with any request that is | 926 |
| required to be made under section 3701.881, 3712.09, 3721.121, or | 927 |
| 3722.151 of the Revised Code with respect to an individual who has | 928 |
| applied for employment in a position that involves providing | 929 |
| direct care to an older adult, the chief administrator of a home | 930 |
| health agency, hospice care program, home licensed under Chapter | 931 |
| 3721. of the Revised Code, adult day-care program operated | 932 |
| pursuant to rules adopted under section 3721.04 of the Revised | 933 |
| Code, or adult care facility may request that the superintendent | 934 |
| of the bureau investigate and determine, with respect to any | 935 |
| individual who has applied after January 27, 1997, for employment | 936 |
| in a position that does not involve providing direct care to an | 937 |
| older adult, whether the bureau has any information gathered under | 938 |
| division (A) of this section that pertains to that individual. | 939 |
| In addition to or in conjunction with any request that is | 940 |
| required to be made under section 173.27 of the Revised Code with | 941 |
| respect to an individual who has applied for employment in a | 942 |
| position that involves providing ombudsperson services to | 943 |
| residents of long-term care facilities or recipients of | 944 |
| community-based long-term care services, the state long-term care | 945 |
| ombudsperson, ombudsperson's designee, or director of health may | 946 |
| request that the superintendent investigate and determine, with | 947 |
| respect to any individual who has applied for employment in a | 948 |
| position that does not involve providing such ombudsperson | 949 |
| services, whether the bureau has any information gathered under | 950 |
| division (A) of this section that pertains to that applicant. | 951 |
| In addition to or in conjunction with any request that is | 952 |
| required to be made under section 173.394 of the Revised Code with | 953 |
| respect to an individual who has applied for employment in a | 954 |
| position that involves providing direct care to an individual, the | 955 |
| chief administrator of a community-based long-term care agency may | 956 |
| request that the superintendent investigate and determine, with | 957 |
| respect to any individual who has applied for employment in a | 958 |
| position that does not involve providing direct care, whether the | 959 |
| bureau has any information gathered under division (A) of this | 960 |
| section that pertains to that applicant. | 961 |
| On receipt of a request under this division, the | 962 |
| superintendent shall determine whether that information exists | 963 |
| and, on request of the individual requesting information, shall | 964 |
| also request from the federal bureau of investigation any criminal | 965 |
| records it has pertaining to the applicant. The superintendent or | 966 |
| the superintendent's designee also may request criminal history | 967 |
| records from other states or the federal government pursuant to | 968 |
| the national crime prevention and privacy compact set forth in | 969 |
| section 109.571 of the Revised Code. Within thirty days of the | 970 |
| date a request is received, the superintendent shall send to the | 971 |
| requester a report of any information determined to exist, | 972 |
| including information contained in records that have been sealed | 973 |
| under section 2953.32 of the Revised Code, and, within thirty days | 974 |
| of its receipt, shall send the requester a report of any | 975 |
| information received from the federal bureau of investigation, | 976 |
| other than information the dissemination of which is prohibited by | 977 |
| federal law. | 978 |
| (H) Information obtained by a government entity or person | 979 |
| under this section is confidential and shall not be released or | 980 |
| disseminated. | 981 |
| (I) The superintendent may charge a reasonable fee for | 982 |
| providing information or criminal records under division (F)(2) or | 983 |
| (G) of this section. | 984 |
| (J) As used in this section, "registered private provider" | 985 |
| means a nonpublic school or entity registered with the | 986 |
| superintendent of public instruction under section 3310.41 of the | 987 |
| Revised Code to participate in the autism scholarship program or | 988 |
| section 3310.58 of the Revised Code to participate in the special | 989 |
| education scholarship pilot program. | 990 |
| Sec. 109.572. (A)(1) Upon receipt of a request pursuant to | 991 |
| section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013 | 992 |
| of the Revised Code, a completed form prescribed pursuant to | 993 |
| division (C)(1) of this section, and a set of fingerprint | 994 |
| impressions obtained in the manner described in division (C)(2) of | 995 |
| this section, the superintendent of the bureau of criminal | 996 |
| identification and investigation shall conduct a criminal records | 997 |
| check in the manner described in division (B) of this section to | 998 |
| determine whether any information exists that indicates that the | 999 |
| person who is the subject of the request previously has been | 1000 |
| convicted of or pleaded guilty to any of the following: | 1001 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1002 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1003 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 1004 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 1005 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 1006 |
| 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 1007 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 1008 |
| 2925.06, or 3716.11 of the Revised Code, felonious sexual | 1009 |
| penetration in violation of former section 2907.12 of the Revised | 1010 |
| Code, a violation of section 2905.04 of the Revised Code as it | 1011 |
| existed prior to July 1, 1996, a violation of section 2919.23 of | 1012 |
| the Revised Code that would have been a violation of section | 1013 |
| 2905.04 of the Revised Code as it existed prior to July 1, 1996, | 1014 |
| had the violation been committed prior to that date, or a | 1015 |
| violation of section 2925.11 of the Revised Code that is not a | 1016 |
| minor drug possession offense; | 1017 |
| (b) A violation of an existing or former law of this state, | 1018 |
| any other state, or the United States that is substantially | 1019 |
| equivalent to any of the offenses listed in division (A)(1)(a) of | 1020 |
| this section. | 1021 |
| (2) On receipt of a request pursuant to section 5123.081 of | 1022 |
| the Revised Code with respect to an applicant for employment in | 1023 |
| any position with the department of mental retardation and | 1024 |
| developmental disabilities, pursuant to section 5126.28 of the | 1025 |
| Revised Code with respect to an applicant for employment in any | 1026 |
| position with a county board of mental retardation and | 1027 |
| developmental disabilities, or pursuant to section 5126.281 of the | 1028 |
| Revised Code with respect to an applicant for employment in a | 1029 |
| direct services position with an entity contracting with a county | 1030 |
| board for employment, a completed form prescribed pursuant to | 1031 |
| division (C)(1) of this section, and a set of fingerprint | 1032 |
| impressions obtained in the manner described in division (C)(2) of | 1033 |
| this section, the superintendent of the bureau of criminal | 1034 |
| identification and investigation shall conduct a criminal records | 1035 |
| check. The superintendent shall conduct the criminal records check | 1036 |
| in the manner described in division (B) of this section to | 1037 |
| determine whether any information exists that indicates that the | 1038 |
| person who is the subject of the request has been convicted of or | 1039 |
| pleaded guilty to any of the following: | 1040 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1041 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1042 |
| 2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, | 1043 |
| 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, | 1044 |
| 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 1045 |
| 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, | 1046 |
| 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, | 1047 |
| 2925.03, or 3716.11 of the Revised Code; | 1048 |
| (b) An existing or former municipal ordinance or law of this | 1049 |
| state, any other state, or the United States that is substantially | 1050 |
| equivalent to any of the offenses listed in division (A)(2)(a) of | 1051 |
| this section. | 1052 |
| (3) On receipt of a request pursuant to section 173.27, | 1053 |
| 173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a | 1054 |
| completed form prescribed pursuant to division (C)(1) of this | 1055 |
| section, and a set of fingerprint impressions obtained in the | 1056 |
| manner described in division (C)(2) of this section, the | 1057 |
| superintendent of the bureau of criminal identification and | 1058 |
| investigation shall conduct a criminal records check with respect | 1059 |
| to any person who has applied for employment in a position for | 1060 |
| which a criminal records check is required by those sections. The | 1061 |
| superintendent shall conduct the criminal records check in the | 1062 |
| manner described in division (B) of this section to determine | 1063 |
| whether any information exists that indicates that the person who | 1064 |
| is the subject of the request previously has been convicted of or | 1065 |
| pleaded guilty to any of the following: | 1066 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1067 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1068 |
| 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 1069 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 1070 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 1071 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 1072 |
| 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 1073 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 1074 |
| 2925.22, 2925.23, or 3716.11 of the Revised Code; | 1075 |
| (b) An existing or former law of this state, any other state, | 1076 |
| or the United States that is substantially equivalent to any of | 1077 |
| the offenses listed in division (A)(3)(a) of this section. | 1078 |
| (4) On receipt of a request pursuant to section 3701.881 of | 1079 |
| the Revised Code with respect to an applicant for employment with | 1080 |
| a home health agency as a person responsible for the care, | 1081 |
| custody, or control of a child, a completed form prescribed | 1082 |
| pursuant to division (C)(1) of this section, and a set of | 1083 |
| fingerprint impressions obtained in the manner described in | 1084 |
| division (C)(2) of this section, the superintendent of the bureau | 1085 |
| of criminal identification and investigation shall conduct a | 1086 |
| criminal records check. The superintendent shall conduct the | 1087 |
| criminal records check in the manner described in division (B) of | 1088 |
| this section to determine whether any information exists that | 1089 |
| indicates that the person who is the subject of the request | 1090 |
| previously has been convicted of or pleaded guilty to any of the | 1091 |
| following: | 1092 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1093 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1094 |
| 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, | 1095 |
| 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, | 1096 |
| 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, | 1097 |
| 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 1098 |
| 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 1099 |
| 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a | 1100 |
| violation of section 2925.11 of the Revised Code that is not a | 1101 |
| minor drug possession offense; | 1102 |
| (b) An existing or former law of this state, any other state, | 1103 |
| or the United States that is substantially equivalent to any of | 1104 |
| the offenses listed in division (A)(4)(a) of this section. | 1105 |
| (5) On receipt of a request pursuant to section | 1106 |
| 1107 | |
| 1108 | |
| 1109 | |
| 1110 | |
| 1111 | |
| 1112 | |
| 1113 | |
| 1114 | |
| to division (C)(1) of this section, and a set of fingerprint | 1115 |
| impressions obtained in the manner described in division (C)(2) of | 1116 |
| this section, the superintendent of the bureau of criminal | 1117 |
| identification and investigation shall conduct a criminal records | 1118 |
| check. The superintendent shall conduct the criminal records check | 1119 |
| in the manner described in division (B) of this section to | 1120 |
| determine whether any information exists that indicates that the | 1121 |
| person who is the subject of the request previously has been | 1122 |
|
convicted of | 1123 |
| for intervention in lieu of conviction for any of the following: | 1124 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1125 |
| 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, | 1126 |
| 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, | 1127 |
| 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 1128 |
| 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, | 1129 |
| 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, | 1130 |
| 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, | 1131 |
| 2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11, | 1132 |
| 2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02, | 1133 |
| 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04, | 1134 |
| 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or | 1135 |
| 3716.11 of the Revised Code, felonious sexual penetration in | 1136 |
| violation of former section 2907.12 of the Revised Code, a | 1137 |
| violation of section 2905.04 of the Revised Code as it existed | 1138 |
| prior to July 1, 1996, a violation of section 2919.23 of the | 1139 |
| Revised Code that would have been a violation of section 2905.04 | 1140 |
| of the Revised Code as it existed prior to July 1, 1996, had the | 1141 |
| violation been committed prior to that date; | 1142 |
| (b) An existing or former law of this state, any other state, | 1143 |
| or the United States that is substantially equivalent to any of | 1144 |
| the offenses listed in division (A)(5)(a) of this section. | 1145 |
| (6) On receipt of a request pursuant to section 3701.881 of | 1146 |
| the Revised Code with respect to an applicant for employment with | 1147 |
| a home health agency in a position that involves providing direct | 1148 |
| care to an older adult, a completed form prescribed pursuant to | 1149 |
| division (C)(1) of this section, and a set of fingerprint | 1150 |
| impressions obtained in the manner described in division (C)(2) of | 1151 |
| this section, the superintendent of the bureau of criminal | 1152 |
| identification and investigation shall conduct a criminal records | 1153 |
| check. The superintendent shall conduct the criminal records check | 1154 |
| in the manner described in division (B) of this section to | 1155 |
| determine whether any information exists that indicates that the | 1156 |
| person who is the subject of the request previously has been | 1157 |
| convicted of or pleaded guilty to any of the following: | 1158 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1159 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1160 |
| 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 1161 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 1162 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 1163 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 1164 |
| 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 1165 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 1166 |
| 2925.22, 2925.23, or 3716.11 of the Revised Code; | 1167 |
| (b) An existing or former law of this state, any other state, | 1168 |
| or the United States that is substantially equivalent to any of | 1169 |
| the offenses listed in division (A)(6)(a) of this section. | 1170 |
| (7) When conducting a criminal records check upon a request | 1171 |
| pursuant to section 3319.39 of the Revised Code for an applicant | 1172 |
| who is a teacher, in addition to the determination made under | 1173 |
| division (A)(1) of this section, the superintendent shall | 1174 |
| determine whether any information exists that indicates that the | 1175 |
| person who is the subject of the request previously has been | 1176 |
| convicted of or pleaded guilty to any offense specified in section | 1177 |
| 3319.31 of the Revised Code. | 1178 |
| (8) On a request pursuant to section 2151.86 of the Revised | 1179 |
| Code, a completed form prescribed pursuant to division (C)(1) of | 1180 |
| this section, and a set of fingerprint impressions obtained in the | 1181 |
| manner described in division (C)(2) of this section, the | 1182 |
| superintendent of the bureau of criminal identification and | 1183 |
| investigation shall conduct a criminal records check in the manner | 1184 |
| described in division (B) of this section to determine whether any | 1185 |
| information exists that indicates that the person who is the | 1186 |
| subject of the request previously has been convicted of or pleaded | 1187 |
| guilty to any of the following: | 1188 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1189 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1190 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 1191 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 1192 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 1193 |
| 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 1194 |
| 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 1195 |
| 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a | 1196 |
| violation of section 2905.04 of the Revised Code as it existed | 1197 |
| prior to July 1, 1996, a violation of section 2919.23 of the | 1198 |
| Revised Code that would have been a violation of section 2905.04 | 1199 |
| of the Revised Code as it existed prior to July 1, 1996, had the | 1200 |
| violation been committed prior to that date, a violation of | 1201 |
| section 2925.11 of the Revised Code that is not a minor drug | 1202 |
| possession offense, or felonious sexual penetration in violation | 1203 |
| of former section 2907.12 of the Revised Code; | 1204 |
| (b) A violation of an existing or former law of this state, | 1205 |
| any other state, or the United States that is substantially | 1206 |
| equivalent to any of the offenses listed in division (A)(8)(a) of | 1207 |
| this section. | 1208 |
| (9) When conducting a criminal records check on a request | 1209 |
| pursuant to section 5104.013 of the Revised Code for a person who | 1210 |
| is an owner, licensee, or administrator of a child day-care center | 1211 |
| or type A family day-care home, an authorized provider of a | 1212 |
| certified type B family day-care home, or an adult residing in a | 1213 |
| type A or certified type B home, or when conducting a criminal | 1214 |
| records check or a request pursuant to section 5104.012 of the | 1215 |
| Revised Code for a person who is an applicant for employment in a | 1216 |
| center, type A home, or certified type B home, the superintendent, | 1217 |
| in addition to the determination made under division (A)(1) of | 1218 |
| this section, shall determine whether any information exists that | 1219 |
| indicates that the person has been convicted of or pleaded guilty | 1220 |
| to any of the following: | 1221 |
| (a) A violation of section 2913.02, 2913.03, 2913.04, | 1222 |
| 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, | 1223 |
| 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, | 1224 |
| 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, | 1225 |
| 2921.13, or 2923.01 of the Revised Code, a violation of section | 1226 |
| 2923.02 or 2923.03 of the Revised Code that relates to a crime | 1227 |
| specified in this division or division (A)(1)(a) of this section, | 1228 |
| or a second violation of section 4511.19 of the Revised Code | 1229 |
| within five years of the date of application for licensure or | 1230 |
| certification. | 1231 |
| (b) A violation of an existing or former law of this state, | 1232 |
| any other state, or the United States that is substantially | 1233 |
| equivalent to any of the offenses or violations described in | 1234 |
| division (A)(9)(a) of this section. | 1235 |
| (10) Upon receipt of a request pursuant to section 5153.111 | 1236 |
| of the Revised Code, a completed form prescribed pursuant to | 1237 |
| division (C)(1) of this section, and a set of fingerprint | 1238 |
| impressions obtained in the manner described in division (C)(2) of | 1239 |
| this section, the superintendent of the bureau of criminal | 1240 |
| identification and investigation shall conduct a criminal records | 1241 |
| check in the manner described in division (B) of this section to | 1242 |
| determine whether any information exists that indicates that the | 1243 |
| person who is the subject of the request previously has been | 1244 |
| convicted of or pleaded guilty to any of the following: | 1245 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1246 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1247 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 1248 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 1249 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 1250 |
| 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 1251 |
| 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 1252 |
| 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, | 1253 |
| felonious sexual penetration in violation of former section | 1254 |
| 2907.12 of the Revised Code, a violation of section 2905.04 of the | 1255 |
| Revised Code as it existed prior to July 1, 1996, a violation of | 1256 |
| section 2919.23 of the Revised Code that would have been a | 1257 |
| violation of section 2905.04 of the Revised Code as it existed | 1258 |
| prior to July 1, 1996, had the violation been committed prior to | 1259 |
| that date, or a violation of section 2925.11 of the Revised Code | 1260 |
| that is not a minor drug possession offense; | 1261 |
| (b) A violation of an existing or former law of this state, | 1262 |
| any other state, or the United States that is substantially | 1263 |
| equivalent to any of the offenses listed in division (A)(10)(a) of | 1264 |
| this section. | 1265 |
| (11) On receipt of a request for a criminal records check | 1266 |
| from an individual pursuant to section 4749.03 or 4749.06 of the | 1267 |
| Revised Code, accompanied by a completed copy of the form | 1268 |
| prescribed in division (C)(1) of this section and a set of | 1269 |
| fingerprint impressions obtained in a manner described in division | 1270 |
| (C)(2) of this section, the superintendent of the bureau of | 1271 |
| criminal identification and investigation shall conduct a criminal | 1272 |
| records check in the manner described in division (B) of this | 1273 |
| section to determine whether any information exists indicating | 1274 |
| that the person who is the subject of the request has been | 1275 |
| convicted of or pleaded guilty to a felony in this state or in any | 1276 |
| other state. If the individual indicates that a firearm will be | 1277 |
| carried in the course of business, the superintendent shall | 1278 |
| require information from the federal bureau of investigation as | 1279 |
| described in division (B)(2) of this section. The superintendent | 1280 |
| shall report the findings of the criminal records check and any | 1281 |
| information the federal bureau of investigation provides to the | 1282 |
| director of public safety. | 1283 |
| (12) On receipt of a request pursuant to section 1322.03, | 1284 |
| 1322.031, or 4763.05 of the Revised Code, a completed form | 1285 |
| prescribed pursuant to division (C)(1) of this section, and a set | 1286 |
| of fingerprint impressions obtained in the manner described in | 1287 |
| division (C)(2) of this section, the superintendent of the bureau | 1288 |
| of criminal identification and investigation shall conduct a | 1289 |
| criminal records check with respect to any person who has applied | 1290 |
| for a license, permit, or certification from the department of | 1291 |
| commerce or a division in the department. The superintendent shall | 1292 |
| conduct the criminal records check in the manner described in | 1293 |
| division (B) of this section to determine whether any information | 1294 |
| exists that indicates that the person who is the subject of the | 1295 |
| request previously has been convicted of or pleaded guilty to any | 1296 |
| of the following: a violation of section 2913.02, 2913.11, | 1297 |
| 2913.31, 2913.51, or 2925.03 of the Revised Code; any other | 1298 |
| criminal offense involving theft, receiving stolen property, | 1299 |
| embezzlement, forgery, fraud, passing bad checks, money | 1300 |
| laundering, or drug trafficking, or any criminal offense involving | 1301 |
| money or securities, as set forth in Chapters 2909., 2911., 2913., | 1302 |
| 2915., 2921., 2923., and 2925. of the Revised Code; or any | 1303 |
| existing or former law of this state, any other state, or the | 1304 |
| United States that is substantially equivalent to those offenses. | 1305 |
| (13) Not later than thirty days after the date the | 1306 |
| superintendent receives the request, completed form, and | 1307 |
| fingerprint impressions, the superintendent shall send the person, | 1308 |
| board, or entity that made the request any information, other than | 1309 |
| information the dissemination of which is prohibited by federal | 1310 |
| law, the superintendent determines exists with respect to the | 1311 |
| person who is the subject of the request that indicates that the | 1312 |
| person previously has been convicted of or pleaded guilty to any | 1313 |
| offense listed or described in division (A)(1), (2), (3), (4), | 1314 |
| (5), (6), (7), (8), (9), (10), (11), or (12) of this section, as | 1315 |
| appropriate. The superintendent shall send the person, board, or | 1316 |
| entity that made the request a copy of the list of offenses | 1317 |
| specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8), | 1318 |
| (9), (10), (11), or (12) of this section, as appropriate. If the | 1319 |
| request was made under section 3701.881 of the Revised Code with | 1320 |
| regard to an applicant who may be both responsible for the care, | 1321 |
| custody, or control of a child and involved in providing direct | 1322 |
| care to an older adult, the superintendent shall provide a list of | 1323 |
| the offenses specified in divisions (A)(4) and (6) of this | 1324 |
| section. | 1325 |
| (B) The superintendent shall conduct any criminal records | 1326 |
| check requested under section 121.08, 173.27, 173.394, 1322.03, | 1327 |
| 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, | 1328 |
| 3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, | 1329 |
| 1330 | |
| 5126.281, or 5153.111 of the Revised Code as follows: | 1331 |
| (1) The superintendent shall review or cause to be reviewed | 1332 |
| any relevant information gathered and compiled by the bureau under | 1333 |
| division (A) of section 109.57 of the Revised Code that relates to | 1334 |
| the person who is the subject of the request, including any | 1335 |
| relevant information contained in records that have been sealed | 1336 |
| under section 2953.32 of the Revised Code; | 1337 |
| (2) If the request received by the superintendent asks for | 1338 |
| information from the federal bureau of investigation, the | 1339 |
| superintendent shall request from the federal bureau of | 1340 |
| investigation any information it has with respect to the person | 1341 |
| who is the subject of the request and shall review or cause to be | 1342 |
| reviewed any information the superintendent receives from that | 1343 |
| bureau. | 1344 |
| (3) The superintendent or the superintendent's designee may | 1345 |
| request criminal history records from other states or the federal | 1346 |
| government pursuant to the national crime prevention and privacy | 1347 |
| compact set forth in section 109.571 of the Revised Code. | 1348 |
| (C)(1) The superintendent shall prescribe a form to obtain | 1349 |
| the information necessary to conduct a criminal records check from | 1350 |
| any person for whom a criminal records check is required by | 1351 |
| section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, | 1352 |
| 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, | 1353 |
| 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, | 1354 |
| 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or | 1355 |
| 5153.111 of the Revised Code. The form that the superintendent | 1356 |
| prescribes pursuant to this division may be in a tangible format, | 1357 |
| in an electronic format, or in both tangible and electronic | 1358 |
| formats. | 1359 |
| (2) The superintendent shall prescribe standard impression | 1360 |
| sheets to obtain the fingerprint impressions of any person for | 1361 |
| whom a criminal records check is required by section 121.08, | 1362 |
| 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, | 1363 |
| 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, | 1364 |
| 4763.05, 5104.012, 5104.013, | 1365 |
| 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised | 1366 |
| Code. Any person for whom a records check is required by any of | 1367 |
| those sections shall obtain the fingerprint impressions at a | 1368 |
| county sheriff's office, municipal police department, or any other | 1369 |
| entity with the ability to make fingerprint impressions on the | 1370 |
| standard impression sheets prescribed by the superintendent. The | 1371 |
| office, department, or entity may charge the person a reasonable | 1372 |
| fee for making the impressions. The standard impression sheets the | 1373 |
| superintendent prescribes pursuant to this division may be in a | 1374 |
| tangible format, in an electronic format, or in both tangible and | 1375 |
| electronic formats. | 1376 |
| (3) Subject to division (D) of this section, the | 1377 |
| superintendent shall prescribe and charge a reasonable fee for | 1378 |
| providing a criminal records check requested under section 121.08, | 1379 |
| 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, | 1380 |
| 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, | 1381 |
| 4763.05, 5104.012, 5104.013, | 1382 |
| 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised | 1383 |
| Code. The person making a criminal records request under section | 1384 |
| 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, | 1385 |
| 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, | 1386 |
| 4749.06, 4763.05, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, | 1387 |
| 5126.28, 5126.281, or 5153.111 of the Revised Code shall pay the | 1388 |
| fee prescribed pursuant to this division. A person making a | 1389 |
| request under section 3701.881 of the Revised Code for a criminal | 1390 |
| records check for an applicant who may be both responsible for the | 1391 |
| care, custody, or control of a child and involved in providing | 1392 |
| direct care to an older adult shall pay one fee for the request. | 1393 |
| In the case of a request under section 5111.033 of the Revised | 1394 |
| Code, the fee shall be paid in the manner specified in that | 1395 |
| section. | 1396 |
| (4) The superintendent of the bureau of criminal | 1397 |
| identification and investigation may prescribe methods of | 1398 |
| forwarding fingerprint impressions and information necessary to | 1399 |
| conduct a criminal records check, which methods shall include, but | 1400 |
| not be limited to, an electronic method. | 1401 |
| (D) A determination whether any information exists that | 1402 |
| indicates that a person previously has been convicted of or | 1403 |
| pleaded guilty to any offense listed or described in division | 1404 |
| (A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or | 1405 |
| (b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b), | 1406 |
| (A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this section | 1407 |
| that is made by the superintendent with respect to information | 1408 |
| considered in a criminal records check in accordance with this | 1409 |
| section is valid for the person who is the subject of the criminal | 1410 |
| records check for a period of one year from the date upon which | 1411 |
| the superintendent makes the determination. During the period in | 1412 |
| which the determination in regard to a person is valid, if another | 1413 |
| request under this section is made for a criminal records check | 1414 |
| for that person, the superintendent shall provide the information | 1415 |
| that is the basis for the superintendent's initial determination | 1416 |
| at a lower fee than the fee prescribed for the initial criminal | 1417 |
| records check. | 1418 |
| (E) When the superintendent receives a request for | 1419 |
| information from a registered private provider, the superintendent | 1420 |
| shall proceed as if the request has been received from a school | 1421 |
| district board of education under section 3319.39 of the Revised | 1422 |
| Code. The superintendent shall apply division (A)(7) of this | 1423 |
| section to any such request for an applicant who is a teacher. | 1424 |
| (F) As used in this section: | 1425 |
| (1) "Criminal records check" means any criminal records check | 1426 |
| conducted by the superintendent of the bureau of criminal | 1427 |
| identification and investigation in accordance with division (B) | 1428 |
| of this section. | 1429 |
| (2) | 1430 |
| 1431 | |
| 1432 |
| | 1433 |
| 1434 |
| | 1435 |
| in section 2925.01 of the Revised Code. | 1436 |
| | 1437 |
| (4) "Registered private provider" means a nonpublic school or | 1438 |
| entity registered with the superintendent of public instruction | 1439 |
| under section 3310.41 of the Revised Code to participate in the | 1440 |
| autism scholarship program or section 3310.58 of the Revised Code | 1441 |
| to participate in the special education scholarship pilot program. | 1442 |
| Sec. 109.93. The attorney general education fund is hereby | 1443 |
| created in the
| 1444 |
| fund shall consist of gifts and grants received by the attorney | 1445 |
| general for the purposes of the fund. The fund shall be | 1446 |
| administered by the attorney general and shall be used to support | 1447 |
| various educational programs. These educational programs may | 1448 |
| include programs for consumer protection, victims of crime, | 1449 |
| environmental protection, drug abuse, child abuse, peace officer | 1450 |
| training, crime prevention, and law. The fund may also be used to | 1451 |
| pay costs associated with the solicitation of gifts and grants for | 1452 |
| the purposes of the fund, and the costs of administering the fund. | 1453 |
| The fund shall not be used to replace money spent by local | 1454 |
| programs for similar purposes. | 1455 |
| Sec. 111.18. (A) The secretary of state shall keep a record | 1456 |
| of all fees collected by the secretary of state and, subject to | 1457 |
| division (B) of section 1309.528 of the Revised Code and except as | 1458 |
| otherwise provided in the Revised Code, shall pay them into the | 1459 |
| state treasury to the credit of the corporate and uniform | 1460 |
| commercial code filing fund created by section 1309.528 of the | 1461 |
| Revised Code. | 1462 |
| (B) The secretary of state may implement alternative payment | 1463 |
| programs that permit payment of any fee charged by the secretary | 1464 |
| of state by means other than cash, check, money order, or credit | 1465 |
| card; an alternative payment program may include, but is not | 1466 |
| limited to, one that permits a fee to be paid by electronic means | 1467 |
| of transmission. Fees paid under an alternative payment program | 1468 |
| shall be deposited to the credit of the secretary of state | 1469 |
|
alternative payment program fund, which is hereby created | 1470 |
| 1471 | |
|
the | 1472 |
| state treasury. Any investment income of the secretary of state | 1473 |
| alternative payment program fund shall be credited to that fund | 1474 |
| and used to operate the alternative payment program. Within two | 1475 |
| working days following the deposit of funds to the credit of the | 1476 |
| secretary of state alternative payment program fund, the secretary | 1477 |
|
of state shall pay those funds | 1478 |
| credit of the corporate and uniform commercial code filing fund, | 1479 |
| subject to division (B) of section 1309.401 of the Revised Code | 1480 |
| and except as otherwise provided in the Revised Code. | 1481 |
| The secretary of state shall adopt rules necessary to carry | 1482 |
| out the purposes of this division. | 1483 |
| Sec. 118.01. As used in this chapter: | 1484 |
| (A) "Advance tax payment notes" means the notes authorized by | 1485 |
| section 118.24 of the Revised Code. | 1486 |
| (B) "Appropriation measure" means any appropriation measure, | 1487 |
| amendment of an appropriation measure, or supplement to an | 1488 |
| appropriation measure of a municipal corporation, county, or | 1489 |
| township referred to in sections 5705.38 and 5705.40 of the | 1490 |
| Revised Code and any other action of a municipal corporation, | 1491 |
| county, or township authorizing expenditure of money not | 1492 |
| previously included in any appropriation measure. | 1493 |
| (C) "Bond anticipation notes" means notes issued in | 1494 |
| anticipation of the issuance of bonds. | 1495 |
| (D) "Certificate of estimated resources" means the official | 1496 |
| certificate of estimated resources of the county budget commission | 1497 |
| and amendments of the certificate certified to the municipal | 1498 |
| corporation, county, or township as provided for in Chapter 5705. | 1499 |
| of the Revised Code. | 1500 |
| (E) "Commission" means a financial planning and supervision | 1501 |
| commission created by section 118.05 of the Revised Code with | 1502 |
| respect to a municipal corporation, county, or township. | 1503 |
| (F) "Construction funds" means proceeds from the sale of debt | 1504 |
| obligations restricted by law or pursuant to the proceedings for | 1505 |
| the issuance of such debt obligations to use for permanent | 1506 |
| improvements as defined in division (E) of section 5705.01 of the | 1507 |
| Revised Code, including acquisition, construction, or extension of | 1508 |
| public utilities, and moneys from any other sources restricted to | 1509 |
| such purpose. | 1510 |
| (G) "County auditor" means the county auditor with whom tax | 1511 |
| budgets of the municipal corporation, county, or township are to | 1512 |
| be filed in accordance with section 5705.30 of the Revised Code. | 1513 |
| (H) "County budget commission" means the county budget | 1514 |
| commission to which the tax budget of the municipal corporation, | 1515 |
| county, or township is to be submitted in accordance with section | 1516 |
| 5705.31 of the Revised Code. | 1517 |
| (I) "Current revenue notes" means debt obligations described | 1518 |
| in section 133.10 or Chapter 5705. of the Revised Code or any | 1519 |
| other debt obligations issued to obtain funds for current | 1520 |
| operating expenses. | 1521 |
| (J) "Debt limits" means the limitations on net indebtedness | 1522 |
| provided in sections 133.05, 133.07, and 133.09 of the Revised | 1523 |
| Code, and also includes the limitation, known as the "indirect | 1524 |
| debt limit," upon the issuance of unvoted bonds, notes, or | 1525 |
| certificates of indebtedness resulting from the ten-mill | 1526 |
| limitation provided for in section 5705.02 of the Revised Code. | 1527 |
| (K) "Debt obligations" means bonds, notes, certificates of | 1528 |
| indebtedness, bond anticipation notes, current revenue notes, | 1529 |
| local government fund notes, local communities fund notes, or | 1530 |
| other obligations issued or incurred in borrowing money, or to | 1531 |
| renew, refund, fund, or refinance, or issued in exchange for, such | 1532 |
| obligations, and any interest coupons pertaining thereto other | 1533 |
| than bonds or other obligations issued under authority of Section | 1534 |
| 13 of Article VIII, Ohio Constitution. | 1535 |
| (L) "Default" means failure to pay the principal of or the | 1536 |
| interest on a debt obligation, or failure to make other payment to | 1537 |
| be made to the holder or owner of a debt obligation, in the full | 1538 |
| amount and at the time provided for in the contractual commitment | 1539 |
| with respect thereto, unless the time for such payment has been | 1540 |
| extended by the owner or holder of the debt obligation without | 1541 |
| penalty or premium and without the effect of subjecting the | 1542 |
| municipal corporation, county, or township to the initiation of | 1543 |
| remedies pertaining to such debt obligation or other debt | 1544 |
| obligations. | 1545 |
| (M) "Deficit fund" means the general fund or any special fund | 1546 |
| that, as at the time indicated, has a deficit balance or a balance | 1547 |
| that is less than the amount required to be in such fund pursuant | 1548 |
| to law or pursuant to contractual requirements, demonstrating that | 1549 |
| over a period of time expenditures charged or chargeable to the | 1550 |
| fund have exceeded moneys credited to the fund, or that moneys | 1551 |
| credited to the fund have not been in the amounts required by law | 1552 |
| or contractual requirements. | 1553 |
| (N) "Effective financial accounting and reporting system" | 1554 |
| means an accounting and reporting system fully in compliance with | 1555 |
| the requirements prescribed by and pursuant to Chapter 117. of the | 1556 |
| Revised Code, with such modifications and supplements as are to be | 1557 |
| provided pursuant to this chapter in order to meet and deal with | 1558 |
| the fiscal emergency, provide to the auditor of state, the | 1559 |
| commission, the financial supervisor, and the county budget | 1560 |
| commission the information needed to carry out their functions, | 1561 |
| and better ensure the implementation of the financial plan. | 1562 |
| (O) "Financial plan" means the financial plan approved by the | 1563 |
| commission in accordance with section 118.06 of the Revised Code, | 1564 |
| as it may from time to time be amended in accordance with this | 1565 |
| chapter. | 1566 |
| (P) "Financial supervisor" means the auditor of state. | 1567 |
| (Q) "Fiscal emergency" means the existence of fiscal | 1568 |
| emergency conditions determined as provided in section 118.04 of | 1569 |
| the Revised Code. | 1570 |
| (R) "Fiscal emergency conditions" means any of the events or | 1571 |
| occurrences described in section 118.03 of the Revised Code. | 1572 |
| (S) "Fiscal emergency period" means the period of time | 1573 |
| commencing on the date when the determination of a fiscal | 1574 |
| emergency is made by the auditor of state pursuant to section | 1575 |
| 118.04 of the Revised Code and ending when the determination of | 1576 |
| termination is made and certified pursuant to section 118.27 of | 1577 |
| the Revised Code. | 1578 |
| (T) "Fiscal watch" means the existence of fiscal watch | 1579 |
| conditions as determined in accordance with section 118.022 of the | 1580 |
| Revised Code. | 1581 |
| (U) "Fiscal officer" means the fiscal officer of the | 1582 |
| municipal corporation, county, or township as defined in division | 1583 |
| (D) of section 5705.01 of the Revised Code. | 1584 |
| (V) "Fringe benefits" means expenditures for goods and | 1585 |
| services furnished to municipal, county, or township officers or | 1586 |
| employees by the municipal corporation, county, or township, | 1587 |
| including, but not limited to, such benefits as food, temporary | 1588 |
| housing, and clothing, and the provision of pension, retirement, | 1589 |
| disability, hospitalization, health care, insurance, or other | 1590 |
| benefits to employees requiring the advance payment of money other | 1591 |
| than directly to employees or other beneficiaries, or the deposit | 1592 |
| or reservation of money for such purpose. | 1593 |
| (W) "General fund" means the fund referred to in division (A) | 1594 |
| of section 5705.09 of the Revised Code. | 1595 |
| (X) "General fund budget" means aggregate revenues available | 1596 |
| in the general fund during the applicable fiscal year as shown by | 1597 |
| the certificate of estimated resources. | 1598 |
| (Y) "Mayor" means the officer of the municipal corporation | 1599 |
| designated as such by law or the chief executive officer under the | 1600 |
| charter of the municipal corporation. | 1601 |
| (Z) "Payroll" means compensation due and payable to employees | 1602 |
| of the municipal corporation, county, or township, other than | 1603 |
| fringe benefits. | 1604 |
| (AA) "Revenue estimates" means the estimates of revenue | 1605 |
| receipts to the credit of the general fund and special funds as | 1606 |
| estimated and supplemented, modified, or amended by the municipal | 1607 |
| corporation, county, or township, or the county budget commission. | 1608 |
| (BB) "Special funds" means any of the funds, other than the | 1609 |
| general fund, referred to in sections 5705.09 and 5705.12 of the | 1610 |
| Revised Code, and includes any fund created from the issuance of | 1611 |
| debt obligations pursuant to Section 3 or 12 of Article XVIII, | 1612 |
| Ohio Constitution, and any fund created in connection with the | 1613 |
| issuance of debt obligations to provide moneys for the payment of | 1614 |
| principal or interest, reserves therefor, or reserves or funds for | 1615 |
| repair, maintenance, or improvements. | 1616 |
| (CC) "Tax budget" means the tax budget provided for in | 1617 |
| section 5705.28 of the Revised Code. | 1618 |
| Sec. 118.08. (A) The members of the financial planning and | 1619 |
| supervision commission shall serve without compensation, but shall | 1620 |
| be paid by the commission their necessary and actual expenses | 1621 |
| incurred while engaged in the business of the commission. | 1622 |
| (B) All expenses incurred for services rendered by the | 1623 |
| financial supervisor for a period of twenty-four months shall be | 1624 |
| paid by the commission pursuant to an appropriation made by the | 1625 |
| general assembly for this purpose. Expenses incurred for services | 1626 |
| rendered by the financial supervisor beyond this period shall be | 1627 |
| borne by the municipal corporation, county, or township unless the | 1628 |
| director of budget and management waives the costs and allows | 1629 |
| payment in accordance with the following: | 1630 |
| (1) If the continued performance of the financial supervisor | 1631 |
| is required for a period of twenty-five to thirty months, the | 1632 |
| municipal corporation, county, or township is responsible for | 1633 |
| twenty per cent of the compensation due. | 1634 |
| (2) If the continued performance of the financial supervisor | 1635 |
| is required for a period of thirty-one to thirty-six months, the | 1636 |
| municipal corporation, county, or township is responsible for | 1637 |
| fifty per cent of the compensation due. | 1638 |
| (3) If the continued performance of the financial supervisor | 1639 |
| is required for a period of thirty-seven months or more, the | 1640 |
| municipal corporation, county, or township is responsible for one | 1641 |
| hundred per cent of the compensation due except as otherwise | 1642 |
| provided in division (B)(4) of this section. | 1643 |
| (4) If the continued performance of the financial supervisor | 1644 |
| has been required longer than eight fiscal years for any municipal | 1645 |
| corporation, county, or township declared to be in a fiscal | 1646 |
| emergency prior to fiscal year 1996, that municipal corporation, | 1647 |
| county, or township is responsible for fifty per cent of the | 1648 |
| compensation due in its ninth fiscal year while in fiscal | 1649 |
| emergency and one hundred per cent of the compensation due in its | 1650 |
| tenth fiscal year and every fiscal year thereafter while in fiscal | 1651 |
| emergency. | 1652 |
| (C) If the municipal corporation, county, or township fails | 1653 |
| to make any payment to the financial supervisor as required by | 1654 |
| this chapter, the financial supervisor may certify to the county | 1655 |
| auditor the amount due, and that amount shall be withheld from the | 1656 |
| municipal corporation, county, or township from any fund or funds | 1657 |
| in the custody of the county auditor for distribution to the | 1658 |
| municipal corporation, county, or township, except for those | 1659 |
| reserved for payment of local government fund or local communities | 1660 |
| fund notes. Upon receiving the certification from the financial | 1661 |
| supervisor, the county auditor shall draw a voucher for the amount | 1662 |
| against those fund or funds in favor of the financial supervisor. | 1663 |
| Sec. 118.17. (A) During a fiscal emergency period and with | 1664 |
| the approval of the financial planning and supervision commission, | 1665 |
| a municipal corporation, county, or township may issue local | 1666 |
| 1667 | |
| be allocated to it pursuant to division (B) of section 5747.50 of | 1668 |
| the Revised Code or to be apportioned to it under section 5747.51 | 1669 |
| or 5747.53 of the Revised Code in a future year or years, for a | 1670 |
| period of no more than eight calendar years. The principal amount | 1671 |
| of the notes and interest on the notes due and payable in any year | 1672 |
| shall not exceed fifty per cent of the total amount of local | 1673 |
| government fund or local communities fund moneys so allocated or | 1674 |
| apportioned to the municipal corporation, county, or township for | 1675 |
| the year preceding the year in which the notes are issued. The | 1676 |
| notes may mature in semiannual or annual installments in such | 1677 |
| amounts as may be fixed by the commission, and need not mature in | 1678 |
| substantially equal semiannual or annual installments. The notes | 1679 |
| of a municipal corporation may be authorized and issued, subject | 1680 |
| to the approval of the commission, in the manner provided in | 1681 |
| sections 717.15 and 717.16 of the Revised Code, except that, | 1682 |
| notwithstanding division (A)(2) of section 717.16 of the Revised | 1683 |
| Code, the rate or rates of interest payable on the notes shall be | 1684 |
| the prevailing market rate or rates as determined and approved by | 1685 |
| the commission, and except that they shall not be issued in | 1686 |
| anticipation of bonds, shall not constitute general obligations of | 1687 |
| the municipal corporation, and shall not pledge the full faith and | 1688 |
| credit of the municipal corporation. | 1689 |
| (B) The principal and interest on the notes provided for in | 1690 |
| this section shall be payable, as provided in this section, solely | 1691 |
| from the portion of the local | 1692 |
| would otherwise be apportioned to the municipal corporation, | 1693 |
| county, or township and shall not be payable from or constitute a | 1694 |
| pledge of or claim upon, or require the levy, collection, or | 1695 |
| application of, any unvoted ad valorem property taxes or other | 1696 |
| taxes, or in any manner occupy any portion of the indirect debt | 1697 |
| limit. | 1698 |
| (C) Local | 1699 |
| only to the extent needed to achieve one or more of the following | 1700 |
| objectives of the financial plan: | 1701 |
| (1) Satisfying any contractual or noncontractual judgments, | 1702 |
| past due accounts payable, and all past due and payable payroll | 1703 |
| and fringe benefits to be taken into account under section 118.03 | 1704 |
| of the Revised Code; | 1705 |
| (2) Restoring to construction funds or other restricted funds | 1706 |
| any money applied from such funds to uses not within the purposes | 1707 |
| of such funds and which could not be transferred to such use under | 1708 |
| section 5705.14 of the Revised Code; | 1709 |
| (3) Eliminating deficit balances in all deficit funds, | 1710 |
| including funds that may be used to pay operating expenses. | 1711 |
| In addition to the objectives set forth in divisions (C)(1) | 1712 |
|
to (3) of this section, local | 1713 |
| may be issued and the proceeds of those notes may be used for the | 1714 |
| purpose of retiring or replacing other moneys used to retire | 1715 |
| current revenue notes issued pursuant to section 118.23 of the | 1716 |
| Revised Code to the extent that the proceeds of the current | 1717 |
| revenue notes have been or are to be used directly or to replace | 1718 |
| other moneys used to achieve one or more of the objectives of the | 1719 |
| financial plan specified in divisions (C)(1) to (3) of this | 1720 |
| section. Upon
authorization of the local | 1721 |
| fund notes by the legislative authority of the municipal | 1722 |
| corporation, county, or township, the proceeds of the local | 1723 |
| 1724 | |
| current revenue notes shall be deemed to be appropriated, to the | 1725 |
| extent that the proceeds have been or are to be so used, for the | 1726 |
| purposes for which the revenues anticipated by any such current | 1727 |
| revenue notes are collected and appropriated within the meaning of | 1728 |
| section 133.10 of the Revised Code. | 1729 |
| (D) The need for an issue of local | 1730 |
| fund notes for such purposes shall be determined by taking into | 1731 |
| consideration other money and sources of moneys available therefor | 1732 |
| under this chapter or other provisions of law, and calculating the | 1733 |
| respective amounts needed therefor in accordance with section | 1734 |
| 118.03 of the Revised Code, including the deductions or offsets | 1735 |
| therein provided, for determining that a fiscal emergency | 1736 |
| condition exists, and by eliminating any duplication of amounts | 1737 |
| thereunder. The respective amounts needed to achieve such | 1738 |
| objectives and the resulting aggregate net amount shall be | 1739 |
| determined initially by a certification of the fiscal officer as | 1740 |
| and to the extent approved by the financial supervisor. The | 1741 |
| principal amount of such notes shall not exceed the aggregate net | 1742 |
| amount needed for such purposes. The aggregate amount of all | 1743 |
| issues of such notes shall not exceed three times the average of | 1744 |
| the allocation or apportionment to the municipal corporation, | 1745 |
| county, or township of moneys
from the local | 1746 |
| communities fund in each of the three fiscal years preceding the | 1747 |
| fiscal year in which the notes are issued. | 1748 |
| (E) The proceeds of the sale of local | 1749 |
| fund notes shall be appropriated by the municipal corporation, | 1750 |
| county, or township for and shall be applied only to the purposes, | 1751 |
| and in the respective amounts for those purposes, set forth in the | 1752 |
| certification given pursuant to division (D) of this section, as | 1753 |
| the purposes and amounts may be modified in the approval by the | 1754 |
| commission provided for in this section. The proceeds shall be | 1755 |
| deposited in separate accounts with a fiscal agent designated in | 1756 |
| the resolution referred to in division (F) of this section and | 1757 |
| released only for such respective purposes in accordance with the | 1758 |
| procedures set forth in division (D) of section 118.20 of the | 1759 |
| Revised Code. Any amounts not needed for such purposes shall be | 1760 |
| deposited with the fiscal agent designated to receive deposits for | 1761 |
| payment of the principal of and interest due on the notes. | 1762 |
| (F) An application for approval by the financial planning and | 1763 |
| supervision commission of an issue of local | 1764 |
| fund notes shall be authorized by a preliminary resolution adopted | 1765 |
| by the legislative authority. The resolution may authorize the | 1766 |
| application as a part of the initial submission of the financial | 1767 |
| plan for approval or as a part of any proposed amendment to an | 1768 |
| approved financial plan or at any time after the approval of a | 1769 |
| financial plan, or amendment to a financial plan, that proposes | 1770 |
| the issue of such notes. The preliminary resolution shall | 1771 |
| designate a fiscal agent for the deposit of the proceeds of the | 1772 |
| sale of the notes, and shall contain a covenant of the municipal | 1773 |
| corporation, county, or township to comply with this chapter and | 1774 |
| the financial plan. | 1775 |
| The commission shall review and evaluate the application and | 1776 |
| supporting certification and financial supervisor action, and | 1777 |
| shall thereupon certify its approval or disapproval, or | 1778 |
| modification and approval, of the application. | 1779 |
| The commission shall certify the amounts, maturities, | 1780 |
|
interest rates, and terms of issue of the local | 1781 |
| communities fund notes approved by the commission and the purposes | 1782 |
| to which the proceeds of the sale of the notes will be applied in | 1783 |
| respective amounts. | 1784 |
| The commission shall certify a copy of its approval, of the | 1785 |
| preliminary resolution, and of the related certification and | 1786 |
| action of the financial supervisor to the fiscal officer, the | 1787 |
| financial supervisor, the county budget commission, the county | 1788 |
| auditor, the county treasurer, and the fiscal agent designated to | 1789 |
| receive and disburse the proceeds of the sale of the notes. | 1790 |
| (G) Upon the sale of any local | 1791 |
| notes issued under this section, the commission shall determine a | 1792 |
|
schedule for the deposit of local | 1793 |
| distributions that are pledged for the payment of the principal of | 1794 |
| and interest on the notes with the fiscal agent or trustee | 1795 |
| designated in the agreement between the municipal corporation, | 1796 |
| county, or township and the holders of the notes to receive and | 1797 |
| disburse the distributions. The amounts to be deposited shall be | 1798 |
| adequate to provide for the payment of principal and interest on | 1799 |
| the notes when due and to pay all other proper charges, costs, or | 1800 |
| expenses pertaining thereto. | 1801 |
| The amount of the local | 1802 |
| apportioned to the municipal corporation, county, or township that | 1803 |
| is to be so deposited in each year shall not be included in the | 1804 |
| tax budget and appropriation measures of the municipal | 1805 |
| corporation, county, or township, or in certificates of estimated | 1806 |
| revenues, for that year. | 1807 |
| The commission shall certify the schedule to the officers | 1808 |
| designated in division (F) of this section. | 1809 |
| (H) Deposit of amounts with the fiscal agent or trustee | 1810 |
| pursuant to the schedule determined by the commission shall be | 1811 |
|
made from local | 1812 |
| apportioned to the municipal corporation, county, or township as | 1813 |
| provided in this division. The
apportionment of local | 1814 |
| communities fund moneys to the municipal corporation, county, or | 1815 |
| township
for any year from the undivided local | 1816 |
| communities fund shall be determined as to the municipal | 1817 |
| corporation, county, or township without regard to the amounts to | 1818 |
| be deposited with the fiscal agent or trustee in that year in | 1819 |
| accordance with division (G) of this section. After the amount of | 1820 |
| the undivided local | 1821 |
| municipal corporation, county, or township for a calendar year is | 1822 |
| determined, the county auditor and the county treasurer shall | 1823 |
| withhold from each monthly amount to be distributed to the | 1824 |
| municipal corporation, county, or township from the undivided | 1825 |
|
local | 1826 |
| agent or trustee for deposit, one-twelfth of the amount scheduled | 1827 |
| for deposit in that year pursuant to division (G) of this section. | 1828 |
| (I) If the commission approves the application, the municipal | 1829 |
| corporation, county, or township may proceed with the issuance of | 1830 |
| the notes as approved by the commission. | 1831 |
| All notes issued under authority of this section are lawful | 1832 |
| investments for the entities enumerated in division (A)(1) of | 1833 |
| section 133.03 of the Revised Code and are eligible as security | 1834 |
| for the repayment of the deposit of public moneys. | 1835 |
| Upon the issuance of any notes under this section, the fiscal | 1836 |
| officer of the municipal corporation, county, or township shall | 1837 |
| certify the fact of the issuance to the county auditor and shall | 1838 |
| also certify to the county auditor the last calendar year in which | 1839 |
| any of the notes are scheduled to mature. | 1840 |
| (J) After the legislative authority of the municipal | 1841 |
| corporation, county, or township has passed an ordinance or | 1842 |
| resolution authorizing the issuance of
local
| 1843 |
| communities fund notes and subsequent to the commission's | 1844 |
| preliminary or final approval of the ordinance or resolution, the | 1845 |
| director of law, prosecuting attorney, or other chief legal | 1846 |
| officer of the municipal corporation, county, or township shall | 1847 |
| certify a sample of the form and content of a note to be used to | 1848 |
|
issue the local | 1849 |
| commission. The commission shall determine whether the sample note | 1850 |
| is consistent with this section and the ordinance or resolution | 1851 |
| authorizing the issuance of
the local | 1852 |
| notes, and if the sample note is found to be consistent with this | 1853 |
| section and the ordinance, the commission shall approve the sample | 1854 |
| note for use by the municipal corporation, county, or township. | 1855 |
| The form and content of the notes to be used by the municipal | 1856 |
| corporation, county, or township in
issuing the local | 1857 |
| communities fund notes may be modified at any time subsequent to | 1858 |
| the commission's approval of the sample note upon the approval of | 1859 |
| the commission and the director of law, prosecuting attorney, or | 1860 |
| other chief legal officer of the municipal corporation, county, or | 1861 |
| township. The failure of the director of law, prosecuting | 1862 |
| attorney, or other chief legal officer of the municipal | 1863 |
| corporation, county, or township to make the certification | 1864 |
| required by this division shall not subject that legal officer to | 1865 |
| removal pursuant to the Revised Code or the charter of a municipal | 1866 |
| corporation. If the director of law, prosecuting attorney, or | 1867 |
| other chief legal officer fails or refuses to make the | 1868 |
| certification required by this division, or if any officer of the | 1869 |
| municipal corporation, county, or township fails or refuses to | 1870 |
| take any action required by this section or the ordinance or | 1871 |
| resolution authorizing the issuance or sale of
local | 1872 |
| communities fund notes, the mayor of the municipal corporation or | 1873 |
| the board of county commissioners or board of township trustees | 1874 |
| may cause the commencement of a mandamus action in the supreme | 1875 |
| court against the director of law, prosecuting attorney, or other | 1876 |
| chief legal officer to secure the certification required by this | 1877 |
| division or other action required by this section or the ordinance | 1878 |
| or resolution. If an adjudication of the matters that could be | 1879 |
| adjudicated in validation proceedings under section 133.70 of the | 1880 |
| Revised Code is necessary to a determination of the mandamus | 1881 |
| action, the mayor, the board of county commissioners, or the board | 1882 |
| of township trustees or the mayor's or board's legal counsel shall | 1883 |
| name and cause to be served as defendants to the mandamus action | 1884 |
| all of the following: | 1885 |
| (1) The director of law, prosecuting attorney, or other chief | 1886 |
| legal officer, or other official of the municipal corporation, | 1887 |
| county, or township, whose failure or refusal to act necessitated | 1888 |
| the action; | 1889 |
| (2) The municipal corporation, through its mayor, or the | 1890 |
| board of county commissioners or board of township trustees; | 1891 |
| (3) The financial planning and supervision commission, | 1892 |
| through its chairperson; | 1893 |
| (4) The prosecuting attorney and auditor of each county in | 1894 |
| which the municipal corporation, county, or township is located, | 1895 |
| in whole or in part; | 1896 |
| (5) The auditor of state; | 1897 |
| (6) The property owners, taxpayers, citizens of the municipal | 1898 |
| corporation, county, or township and others having or claiming any | 1899 |
| right, title, or interest in any property or funds to be affected | 1900 |
| by the issuance
of the local | 1901 |
| the municipal corporation, county, or township, or otherwise | 1902 |
| affected in any way thereby. | 1903 |
| Service upon all defendants described in division (J)(6) of | 1904 |
| this section shall be by publication three times, with at least | 1905 |
| six days between each publication, in a newspaper of general | 1906 |
| circulation in Franklin county and a newspaper of general | 1907 |
| circulation in the county or counties where the municipal | 1908 |
| corporation, county, or township is located. The publication and | 1909 |
| the notice shall indicate that the nature of the action is in | 1910 |
| mandamus, the name of the parties to the action, and that the | 1911 |
| action may result in the validation of the subject local | 1912 |
| 1913 | |
| an action by the legislative authority of the municipal | 1914 |
| corporation, county, or township is not required. | 1915 |
| A copy of the complaint in the mandamus action shall be | 1916 |
| served personally or by certified mail upon the attorney general. | 1917 |
| If the attorney general has reason to believe that the complaint | 1918 |
| is defective, insufficient, or untrue, or if in the attorney | 1919 |
|
general's opinion the
issuance of the local | 1920 |
| fund notes is not lawful or has not been duly authorized, defense | 1921 |
| shall be made to the complaint as the attorney general considers | 1922 |
| proper. | 1923 |
| (K) The action in mandamus authorized by division (J) of this | 1924 |
| section shall take priority over all other civil cases pending in | 1925 |
| the court, except habeas corpus, and shall be determined with the | 1926 |
| least possible delay. The supreme court may determine that the | 1927 |
| local | 1928 |
| the purpose and effects, including not occupying the indirect debt | 1929 |
| limit, provided for in this section and will be validly issued and | 1930 |
| acquired. Such a determination shall include a finding of | 1931 |
| validation of the subject local | 1932 |
| if the court specifically finds that: | 1933 |
| (1) The complaint in mandamus, or subsequent pleadings, | 1934 |
| include appropriate allegations required by division (C) of | 1935 |
| section 133.70 of the Revised Code, and that the proceeding is in | 1936 |
| lieu of an action to validate under section 133.70 of the Revised | 1937 |
| Code; | 1938 |
| (2) All parties described in divisions (J)(1) to (6) of this | 1939 |
| section have been duly served with notice or are otherwise | 1940 |
| properly before the court; | 1941 |
| (3) Notice of the action has been published as required by | 1942 |
| division (J) of this section; | 1943 |
| (4) The effect of validation is required to provide a | 1944 |
| complete review and determination of the controversy in mandamus, | 1945 |
| and to avoid duplication of litigation, danger of inconsistent | 1946 |
| results, or inordinate delay in light of the fiscal emergency, or | 1947 |
| that a disposition in the mandamus action would, as a practical | 1948 |
| matter, be dispositive of any subsequent validation proceedings | 1949 |
| under section 133.70 of the Revised Code. | 1950 |
| (L) Any decision that includes a finding of validation has | 1951 |
| the same effect as a validation order established by an action | 1952 |
| under section 133.70 of the Revised Code. | 1953 |
| (M) Divisions (J) and (K) of this section do not prevent a | 1954 |
| municipal corporation, county, or township from using section | 1955 |
| 133.70 of the Revised Code to
validate local | 1956 |
| communities fund notes by the filing of a petition for validation | 1957 |
| in the court of common pleas of the county in which the municipal | 1958 |
| corporation, county, or township is located, in whole or in part. | 1959 |
| (N) It is hereby determined by the general assembly that a | 1960 |
| validation action authorized by section 133.70 of the Revised Code | 1961 |
| is not an adequate remedy at law with respect to a municipal | 1962 |
| corporation, county, or township that is a party to a mandamus | 1963 |
| action pursuant to divisions (J) and (K) of this section and in | 1964 |
| which a fiscal emergency condition has been determined to exist | 1965 |
| pursuant to section 118.04 of the Revised Code because of, but not | 1966 |
| limited to, the following reasons: | 1967 |
| (1) It is urgently necessary for such a municipal | 1968 |
| corporation, county, or township to take prompt action to issue | 1969 |
| local | 1970 |
| in division (C) of this section; | 1971 |
| (2) The potentially ruinous effect upon the fiscal condition | 1972 |
| of a municipal corporation, county, or township by the passage of | 1973 |
| the time required to adjudicate such a separate validation action | 1974 |
| and any appeals thereof; | 1975 |
| (3) The reasons stated in division (K)(4) of this section. | 1976 |
| Sec. 118.20. Pursuant to section 118.19 of the Revised Code: | 1977 |
| (A) The ordinance or resolution authorizing the debt | 1978 |
| obligations may provide for the pledge of, and covenants to levy, | 1979 |
| charge, collect, deposit, and apply ad valorem property taxes, | 1980 |
| income
taxes, excises, utility revenues, local | 1981 |
| communities fund receipts, permit and license fees, and any other | 1982 |
| receipts from taxes, permits, licenses, fines, or other sources of | 1983 |
| revenue of the municipal corporation, county, or township; accrued | 1984 |
| and capitalized interest and premium from the proceeds of the sale | 1985 |
| of the debt obligations, lawfully available for the purpose, to | 1986 |
| the payment of the debt service and costs of issuing, carrying, | 1987 |
| redeeming, and retiring such debt obligations; covenants in | 1988 |
| respect of the establishment, investment, segregation, and | 1989 |
| maintenance of any funds or reserves in connection with the debt | 1990 |
| obligations and any other funds of the municipal corporation, | 1991 |
| county, or township. No pledge may be made in a manner which | 1992 |
| impairs the contract rights of the holders of any outstanding debt | 1993 |
| obligations. | 1994 |
| (B) The ordinance or resolution authorizing the debt | 1995 |
| obligations may designate a fiscal agent for the debt obligations, | 1996 |
| or the fiscal agent may be designated by other ordinance or | 1997 |
| resolution of the legislative authority of the municipal | 1998 |
| corporation, county, or township. The fiscal agent may be a | 1999 |
| purchaser of such debt obligations or other debt obligations of | 2000 |
| the municipal corporation, county, or township. | 2001 |
| (C) The ordinance or resolution authorizing the debt | 2002 |
| obligations may provide for immediate or periodic deposit of | 2003 |
| pledged receipts or a portion thereof in one or more separate bank | 2004 |
| accounts, funds, or other accounts established with the fiscal | 2005 |
| agent. Provision may be made therein for pledged receipts that are | 2006 |
| collected by the state, the county, the township, or any agency | 2007 |
| for the municipal corporation, county, or township to be | 2008 |
| transferred by the appropriate officer of the state or county or | 2009 |
| agency having charge of the collection or distribution of such | 2010 |
| pledged receipts directly to the fiscal agent for deposit under | 2011 |
| the ordinance or resolution. Such officers of the state and county | 2012 |
| or agent shall transfer such pledged receipts in accordance with | 2013 |
| this section and the ordinance. The fiscal agent shall disburse | 2014 |
| funds so held for payments when due in accordance with the | 2015 |
| ordinance or resolution, including the transfer of funds to paying | 2016 |
| agents for the debt obligations at the times and in the amounts | 2017 |
| required. Until needed for such purposes, the fiscal agent shall | 2018 |
| invest the funds on behalf of the municipal corporation, county, | 2019 |
| or township in obligations that are lawful for the investment of | 2020 |
| public funds of the municipal corporation, county, or township, | 2021 |
| including provisions for such investments in a municipal charter, | 2022 |
| in the manner provided for in the ordinance or resolution. Funds | 2023 |
| held by the fiscal agent and all moneys and securities therein and | 2024 |
| pledged receipts payable thereto in accordance with the ordinance | 2025 |
| or resolution are hereby declared to be property of the municipal | 2026 |
| corporation, county, or township devoted to essential governmental | 2027 |
| purposes and accordingly shall not be applied to any purpose other | 2028 |
| than as provided herein and shall not be subject to any order, | 2029 |
| judgment, lien, execution, attachment, setoff, or counterclaim by | 2030 |
| any creditor of the municipal corporation, county, or township | 2031 |
| other than a creditor for whose benefit such fund is established | 2032 |
| and maintained and who is entitled thereto under and pursuant to | 2033 |
| this section. | 2034 |
| (D) The ordinance or resolution authorizing the debt | 2035 |
| obligations shall provide that proceeds of the debt obligations | 2036 |
| shall be deposited with a fiscal agent in a special and separate | 2037 |
| bank account and held in trust and expended only for the object or | 2038 |
| purpose for which such debt obligations were issued. A copy of the | 2039 |
| ordinance or resolution authorizing the debt obligations shall be | 2040 |
| filed with such fiscal agent at or prior to the time the proceeds | 2041 |
| are made available to the municipal corporation, county, or | 2042 |
| township. No moneys shall be withdrawn from such account unless | 2043 |
| there is filed with such fiscal agent a written requisition of the | 2044 |
| fiscal officer of the municipal corporation, county, or township | 2045 |
| or the fiscal officer's authorized deputy, setting forth the item | 2046 |
| number of the requisition or the account to be charged, the name | 2047 |
| of the person to whom payment is due, the amount to be paid, a | 2048 |
| statement to the effect that the obligation in the stated amount | 2049 |
| has been incurred by the municipal corporation, county, or | 2050 |
| township and is a proper charge against such account, and such | 2051 |
| other information as may be required by the ordinance or | 2052 |
| resolution. Pending such withdrawals, the moneys shall be | 2053 |
| invested for and on behalf of the municipal corporation, county, | 2054 |
| or township by the fiscal agent in obligations which are lawful | 2055 |
| for the investment of public funds of the municipal corporation, | 2056 |
| county, or township, including provisions for such investments in | 2057 |
| a municipal charter, in the manner as provided for in the | 2058 |
| ordinance or resolution. | 2059 |
| (E) Amounts held by fiscal agents shall be accounted for in | 2060 |
| the appropriate special funds of the municipal corporation, | 2061 |
| county, or township as if held in the treasury of the municipal | 2062 |
| corporation, county, or township, and the fiscal agents shall | 2063 |
| provide such information to the municipal corporation, county, or | 2064 |
| township as is necessary for the purpose. | 2065 |
| (F) The ordinance or resolution authorizing the debt | 2066 |
| obligations may contain covenants of the municipal corporation, | 2067 |
| county, or township to protect and safeguard the security and | 2068 |
| rights of the holders of such debt obligations, and without | 2069 |
| limiting the generality of the foregoing, such ordinance or | 2070 |
| resolution may contain covenants as to: | 2071 |
| (1) Establishment and maintenance of the funds to be held by | 2072 |
| fiscal agents as provided in this section and section 118.23 of | 2073 |
| the Revised Code, the times, amounts, and levels for deposits to | 2074 |
| such funds, and the obligations in which the proceeds of such | 2075 |
| funds may be invested pending their use, subject to such | 2076 |
| limitations on investment of public funds otherwise provided for | 2077 |
| by law or pursuant to the charter of a municipal corporation; | 2078 |
| (2) The appointment, rights, powers, and duties of the fiscal | 2079 |
| agent, including limiting or abrogating the right of the holders | 2080 |
| to appoint a trustee pursuant to section 118.21 of the Revised | 2081 |
| Code and vesting in the fiscal agent all or any of such rights, | 2082 |
| powers, and duties, in trust; | 2083 |
| (3) The execution of a credit agreement with the fiscal agent | 2084 |
| for the benefit of holders of such debt obligations and for the | 2085 |
| benefit of any other holders of other debt obligations of the | 2086 |
| municipal corporation, county, or township then outstanding, | 2087 |
| provided, however, that such benefit conferred on such holders of | 2088 |
| such outstanding debt obligations shall not be deemed to restrict, | 2089 |
| preclude, or otherwise impair any rights that such holders | 2090 |
| otherwise may assert; | 2091 |
| (4) Filings, review, and correction of tax budgets, | 2092 |
| appropriation measures, annual reports, audits, and other matters | 2093 |
| of financial record; | 2094 |
| (5) Compliance with the provisions of this chapter and the | 2095 |
| financial plan and other laws applicable to the municipal | 2096 |
| corporation, county, or township including Chapters 133. and 5705. | 2097 |
| of the Revised Code, and with further restrictions on the powers, | 2098 |
| rights, and duties of the municipal corporation, county, or | 2099 |
| township necessary, appropriate, or desirable for the proper, | 2100 |
| provident, and efficient management of financial affairs that the | 2101 |
| municipal corporation, county, or township, with the approval of | 2102 |
| the commission or, when authorized by the commission, the | 2103 |
| financial supervisor, determines will assure prompt payment when | 2104 |
| due of its debt obligations; | 2105 |
| (6) Conditions that would give rise to an event of default | 2106 |
| under the terms of such ordinance and actions and remedies that | 2107 |
| the fiscal agent may take or assert on behalf of the holders of | 2108 |
| such debt obligations; | 2109 |
| (7) Restrictions on the issuance of other debt obligations. | 2110 |
| Sec. 118.23. (A) This section shall be applicable to current | 2111 |
| revenue notes approved by the financial planning and supervision | 2112 |
| commission or, when authorized by the commission, the financial | 2113 |
| supervisor pursuant to section 118.15 of the Revised Code and | 2114 |
| issued by a municipal corporation, county, or township pursuant to | 2115 |
| section 133.10 of the Revised Code and this section during a | 2116 |
| fiscal emergency period. | 2117 |
| (B) In the case of the issuance of such current revenue notes | 2118 |
| in anticipation of ad valorem property taxes, the county auditors | 2119 |
| of the counties in which the municipal corporation, county, or | 2120 |
| township is located, at the time of and from each distribution to | 2121 |
| the municipality of the proceeds of the anticipated taxes, | 2122 |
| including any payments from the state pursuant to sections 321.24 | 2123 |
| and 323.156 of the Revised Code, whether such distribution be in | 2124 |
| the form of an advance or settlement that would otherwise have | 2125 |
| been paid to a fund or funds of the municipal corporation, county, | 2126 |
| or township, shall draw a separate warrant for payment to the | 2127 |
| county auditor for deposit in a special account to be held and | 2128 |
| applied pursuant to this section by the county auditor as fiscal | 2129 |
| agent and entitled "....... (insert name of municipal corporation, | 2130 |
| county, or township) current tax revenue note retirement account," | 2131 |
| that portion of such distribution as provided for in the ordinance | 2132 |
| or resolution authorizing such notes pursuant to this section. | 2133 |
| (C) In the case of the issuance of such current revenue notes | 2134 |
| in anticipation of revenues other than ad valorem property taxes, | 2135 |
| the ordinance or resolution authorizing such notes shall provide | 2136 |
| for the times and amounts of deposits with the fiscal agent by the | 2137 |
| municipal corporation, county, or township of moneys from the | 2138 |
| revenues anticipated that shall be deposited in a special account | 2139 |
| to be held and applied by the fiscal agent pursuant to this | 2140 |
| section and entitled ".......... (insert name of municipal | 2141 |
| corporation, county, or township) current revenue note retirement | 2142 |
| account." Such ordinance or resolution may provide for the direct | 2143 |
| deposit to such account by the auditor of state and the county | 2144 |
| auditor or county auditors of the receiving counties, as | 2145 |
| appropriate, of such portions as therein specified of local | 2146 |
| 2147 | |
| municipal corporation, county, or township. | 2148 |
| (D) The moneys in the accounts provided for in divisions (B) | 2149 |
| and (C) of this section are pledged and shall be used, so long as | 2150 |
| any portion of the debt service on such notes payable from the | 2151 |
| respective account is unpaid, solely for the purpose of paying | 2152 |
| such debt service, and for any reserves for debt service provided | 2153 |
| for in the ordinance or resolution authorizing such debt | 2154 |
| obligations. If accumulated payments into either account produce | 2155 |
| an amount less than that needed to make a timely payment of debt | 2156 |
| service or to such reserves, the full amount needed to make up any | 2157 |
| such deficiency shall be paid, in the case of the current tax | 2158 |
| revenue note retirement account, by the county auditor into such | 2159 |
| account from the last distribution or distributions to the | 2160 |
| municipal corporation, county, or township of the proceeds of the | 2161 |
| anticipated taxes to be received prior to the date of such | 2162 |
| payment, and in the case of the current revenue note retirement | 2163 |
| account, by the fiscal officer from the anticipated revenues | 2164 |
| received prior to the date of such payment. | 2165 |
| (E) The amounts to be deposited in each respective account | 2166 |
| pursuant to divisions (B), (C), and (D) of this section must be | 2167 |
| sufficient, in time and amount, to pay the principal of and | 2168 |
| interest on current notes payable from such account at their | 2169 |
| stated payment dates and to develop and maintain the required | 2170 |
| amounts in any such reserves. | 2171 |
| (F) The municipal corporation, county, or township shall not | 2172 |
| be entitled to receive from the fiscal agent any moneys held in | 2173 |
| the current tax revenue note retirement account or current revenue | 2174 |
| note retirement account, except that any surplus moneys remaining | 2175 |
| in either such account after the payment in full of the debt | 2176 |
| service on the notes payable therefrom shall be paid to the | 2177 |
| municipal corporation, county, or township, to be used for any | 2178 |
| lawful purpose of the municipal corporation, county, or township | 2179 |
| for which the anticipated revenues themselves might have been | 2180 |
| used. | 2181 |
| (G) Current revenue notes of a municipal corporation, county, | 2182 |
| or township issued during a fiscal emergency period may mature on | 2183 |
| or before the thirty-first day of December of the calendar year in | 2184 |
| which issued, may, when issued in anticipation of the collection | 2185 |
| of current tax revenues, anticipate one-half of the amount that | 2186 |
| the budget commission estimates the subdivision will receive from | 2187 |
| all property taxes that are to be distributed to the subdivision | 2188 |
| from all settlements of taxes that are to be made in the remainder | 2189 |
| of that year, other than taxes to be received for the payment of | 2190 |
| debt charges, and less all advances, and may, if issued during the | 2191 |
| last two months of the calendar year in which the fiscal emergency | 2192 |
| period commenced, anticipate one-half the estimated amount of ad | 2193 |
| valorem property taxes levied in that year for the tax budget of | 2194 |
| the following year which were authorized to be levied by the | 2195 |
| municipal charter or otherwise authorized by vote of the | 2196 |
| electorate of the municipal corporation, county, or township and | 2197 |
| may mature not later than the thirty-first day of December of the | 2198 |
| year following the year in which such notes are issued, | 2199 |
| notwithstanding section 133.10 of the Revised Code. | 2200 |
| (H) Pursuant to section 118.19 of the Revised Code, the | 2201 |
| municipal corporation, county, or township may utilize any of the | 2202 |
| special provisions of sections 118.20 to 118.22 of the Revised | 2203 |
| Code in connection with such current revenue notes. | 2204 |
| (I) Before any such current revenue notes may be authorized, | 2205 |
| the municipal corporation, county, or township shall submit to the | 2206 |
| commission and the commission or, when authorized by the | 2207 |
| commission, the financial supervisor shall approve: | 2208 |
| (1) A schedule of projected revenues and expenses of the | 2209 |
| municipal corporation, county, or township during the period in | 2210 |
| which such notes would be outstanding, demonstrating an | 2211 |
| anticipated cash flow deficit during such period, the amount of | 2212 |
| such anticipated cash flow deficit, and the necessity for the | 2213 |
| issuance of such current revenue notes to avoid the occurrence of | 2214 |
| such a cash flow deficit; | 2215 |
| (2) The terms of the proposed notes, including the interest | 2216 |
| rate or rates to be paid thereon; | 2217 |
| (3) The schedule, showing times, amounts, and sources of | 2218 |
| payment, for deposits into the account from which such notes are | 2219 |
| to be paid; | 2220 |
| (4) Other documents and data required under section 118.15 of | 2221 |
| the Revised Code. | 2222 |
| Sec. 119.07. Except when a statute prescribes a notice and | 2223 |
| the persons to whom it shall be given, in all cases in which | 2224 |
| section 119.06 of the Revised Code requires an agency to afford an | 2225 |
| opportunity for a hearing prior to the issuance of an order, the | 2226 |
| agency shall give notice to the party informing | 2227 |
| 2228 | |
| registered or certified mail, return receipt requested, and shall | 2229 |
| include the charges or other reasons for the proposed action, the | 2230 |
| law or rule directly involved, and a statement informing the party | 2231 |
| that | 2232 |
| requests it within thirty days of the time of mailing the notice. | 2233 |
| The notice shall also inform the party that
at the hearing | 2234 |
| party may appear in person, by | 2235 |
| such other representative as is permitted to practice before the | 2236 |
|
agency, or may present | 2237 |
|
contentions in
writing and that at the hearing | 2238 |
| present evidence and examine witnesses appearing for and against | 2239 |
| 2240 | |
| or other representatives of record representing the party. This | 2241 |
| paragraph does not apply to situations in which such section | 2242 |
| provides for a hearing only when it is requested by the party. | 2243 |
| When a statute specifically permits the suspension of a | 2244 |
| license without a prior hearing, notice of the agency's order | 2245 |
| shall be sent to the party by registered or certified mail, return | 2246 |
| receipt requested, not later than the business day next succeeding | 2247 |
| such order. The notice shall state the reasons for the agency's | 2248 |
| action, cite the law or rule directly involved, and state that the | 2249 |
| party will be afforded a hearing if | 2250 |
| within thirty days of the time of mailing the notice. A copy of | 2251 |
| the notice shall be mailed to attorneys or other representatives | 2252 |
| of record representing the party. | 2253 |
| Whenever a party requests a hearing in accordance with this | 2254 |
| section and section 119.06 of the Revised Code, the agency shall | 2255 |
| immediately set the date, time, and place for the hearing and | 2256 |
| forthwith notify the party thereof. The date set for the hearing | 2257 |
| shall be within fifteen days, but not earlier than seven days, | 2258 |
| after the party has requested a hearing, unless otherwise agreed | 2259 |
| to by both the agency and the party. | 2260 |
| When any notice sent by registered or certified mail, as | 2261 |
| required by sections 119.01 to 119.13 of the Revised Code, is | 2262 |
| returned because of failure of delivery the agency shall send the | 2263 |
| notice by ordinary mail to the party at the party's last known | 2264 |
| address and shall obtain a certificate of mailing. Service by | 2265 |
| ordinary mail is complete when the certificate of mailing is | 2266 |
| obtained. If a notice sent by ordinary mail is returned showing | 2267 |
| failure of delivery, the agency shall notify the attorneys or | 2268 |
| other representatives of record representing the party of the | 2269 |
| failure of delivery and serve a copy of the notice upon them, by | 2270 |
| ordinary or registered or certified mail; if ordinary mail is | 2271 |
| used, the agency shall obtain a certificate of mailing. Service | 2272 |
| upon the attorneys or other representatives of record is complete | 2273 |
| when the notice is mailed. If there are no attorneys or other | 2274 |
| representatives of record representing the party, the agency | 2275 |
| either shall make personal delivery of the notice by an employee | 2276 |
| or agent of the agency or shall cause a summary of the substantive | 2277 |
| provisions of the notice to be published once a week for three | 2278 |
| consecutive weeks in a newspaper of general circulation in the | 2279 |
|
county where the last known | 2280 |
| of the
party is located. When notice is given by publication, | 2281 |
| 2282 | |
| first publication of the notice | 2283 |
| shall be mailed by ordinary mail to the party at the party's last | 2284 |
| known address and the notice shall be deemed received as of the | 2285 |
| date of the last publication. An employee or agent of the agency | 2286 |
| may make personal delivery of the notice upon a party at any time. | 2287 |
| Refusal of delivery by personal service or by mail is not | 2288 |
| failure of delivery. Failure of delivery occurs only when, with | 2289 |
| reasonable diligence, a party cannot be found to make personal | 2290 |
| service of a notice, or if a mailed notice is returned by the | 2291 |
| postal authorities marked undeliverable, addressee unknown, or | 2292 |
| forwarding address unknown or expired. A party's last known | 2293 |
| address is the mailing address of the party appearing in the | 2294 |
| records of the agency. | 2295 |
| The failure of an agency to give the notices for any hearing | 2296 |
| required by sections 119.01 to 119.13 of the Revised Code in the | 2297 |
| manner provided in this section shall invalidate any order entered | 2298 |
| pursuant to the hearing. | 2299 |
| Sec. 120.33. (A) In lieu of using a county public defender | 2300 |
| or joint county public defender to represent indigent persons in | 2301 |
| the proceedings set forth in division (A) of section 120.16 of the | 2302 |
| Revised Code, the board of county commissioners of any county may | 2303 |
| adopt a resolution to pay counsel who are either personally | 2304 |
| selected by the indigent person or appointed by the court. The | 2305 |
| resolution shall include those provisions the board of county | 2306 |
| commissioners considers necessary to provide effective | 2307 |
| representation of indigent persons in any proceeding for which | 2308 |
| counsel is provided under this section. The resolution shall | 2309 |
| include provisions for contracts with any municipal corporation | 2310 |
| under which the municipal corporation shall reimburse the county | 2311 |
| for counsel appointed to represent indigent persons charged with | 2312 |
| violations of the ordinances of the municipal corporation. | 2313 |
| (1) In a county that adopts a resolution to pay counsel, an | 2314 |
| indigent person shall have the right to do either of the | 2315 |
| following: | 2316 |
| (a) To select the person's own personal counsel to represent | 2317 |
| the person in any proceeding included within the provisions of the | 2318 |
| resolution; | 2319 |
| (b) To request the court to appoint counsel to represent the | 2320 |
| person in such a proceeding. | 2321 |
| (2) The court having jurisdiction over the proceeding in a | 2322 |
| county that adopts a resolution to pay counsel shall, after | 2323 |
| determining that the person is indigent and entitled to legal | 2324 |
| representation under this section, do either of the following: | 2325 |
| (a) By signed journal entry recorded on its docket, enter the | 2326 |
| name of the lawyer selected by the indigent person as counsel of | 2327 |
| record; | 2328 |
| (b) Appoint counsel for the indigent person if the person has | 2329 |
| requested the court to appoint counsel and, by signed journal | 2330 |
| entry recorded on its dockets, enter the name of the lawyer | 2331 |
| appointed for the indigent person as counsel of record. | 2332 |
| (3) The board of county commissioners shall establish a | 2333 |
| schedule of fees by case or on an hourly basis to be paid to | 2334 |
| counsel for legal services provided pursuant to a resolution | 2335 |
| adopted under this section. Prior to establishing the schedule, | 2336 |
| the board of county commissioners shall request the bar | 2337 |
| association or associations of the county to submit a proposed | 2338 |
| schedule. The schedule submitted shall be subject to the review, | 2339 |
| amendment, and approval of the board of county commissioners. | 2340 |
| (4) Counsel selected by the indigent person or appointed by | 2341 |
| the court at the request of an indigent person in a county that | 2342 |
| adopts a resolution to pay counsel, except for counsel appointed | 2343 |
| to represent a person charged with any violation of an ordinance | 2344 |
| of a municipal corporation that has not contracted with the county | 2345 |
| commissioners for the payment of appointed counsel, shall be paid | 2346 |
| by the county and shall receive the compensation and expenses the | 2347 |
| court approves. Each request for payment shall be accompanied by a | 2348 |
| financial disclosure form and an affidavit of indigency that are | 2349 |
| completed by the indigent person on forms prescribed by the state | 2350 |
| public defender. Compensation and expenses shall not exceed the | 2351 |
| amounts fixed by the board of county commissioners in the schedule | 2352 |
| adopted pursuant to division (A)(3) of this section. No court | 2353 |
| shall approve compensation and expenses that exceed the amount | 2354 |
| fixed pursuant to division (A)(3) of this section. | 2355 |
| The fees and expenses approved by the court shall not be | 2356 |
| taxed as part of the costs and shall be paid by the county. | 2357 |
| However, if the person represented has, or may reasonably be | 2358 |
| expected to have, the means to meet some part of the cost of the | 2359 |
| services rendered to the person, the person shall pay the county | 2360 |
| an amount that the person reasonably can be expected to pay. | 2361 |
| Pursuant to section 120.04 of the Revised Code, the county shall | 2362 |
| pay to the state public defender a percentage of the payment | 2363 |
| received from the person in an amount proportionate to the | 2364 |
| percentage of the costs of the person's case that were paid to the | 2365 |
| county by the state public defender pursuant to this section. The | 2366 |
| money paid to the state public defender shall be credited to the | 2367 |
| client payment fund created pursuant to division (B)(5) of section | 2368 |
| 120.04 of the Revised Code. | 2369 |
| The county auditor shall draw a warrant on the county | 2370 |
| treasurer for the payment of counsel in the amount fixed by the | 2371 |
| court, plus the expenses the court fixes and certifies to the | 2372 |
| auditor. The county auditor shall report periodically, but not | 2373 |
| less than annually, to the board of county commissioners and to | 2374 |
|
the | 2375 |
| pursuant to the approval of the court. The board of county | 2376 |
| commissioners, after review and approval of the auditor's report, | 2377 |
| or the county auditor, with permission from and notice to the | 2378 |
| board of county commissioners, may then certify it to the state | 2379 |
| public defender for reimbursement. If a request for reimbursement | 2380 |
| is not accompanied by a financial disclosure form and an affidavit | 2381 |
| of indigency completed by the indigent person on forms prescribed | 2382 |
| by the state public defender and the court does not certify by | 2383 |
| electronic signature as prescribed by the state public defender | 2384 |
| that a financial disclosure form and affidavit of indigency have | 2385 |
| been completed by the indigent person and are available for | 2386 |
| inspection, the state public defender shall not pay the requested | 2387 |
| reimbursement. If a request for the reimbursement of the cost of | 2388 |
| counsel in any case is not received by the state public defender | 2389 |
| within ninety days after the end of the calendar month in which | 2390 |
| the case is finally disposed of by the court, unless the county | 2391 |
| has requested and the state public defender has granted an | 2392 |
| extension of the ninety-day limit, the state public defender shall | 2393 |
| not pay the requested reimbursement. The state public defender | 2394 |
| shall also review the report and, in accordance with the | 2395 |
| standards, guidelines, and maximums established pursuant to | 2396 |
| divisions (B)(7) and (8) of section 120.04 of the Revised Code, | 2397 |
| prepare a voucher for fifty per cent of the total cost of each | 2398 |
| county appointed counsel system in the period of time covered by | 2399 |
| the certified report and a voucher for fifty per cent of the costs | 2400 |
| and expenses that are reimbursable under section 120.35 of the | 2401 |
| Revised Code, if any, or, if the amount of money appropriated by | 2402 |
| the general assembly to reimburse counties for the operation of | 2403 |
| county public defender offices, joint county public defender | 2404 |
| offices, and county appointed counsel systems is not sufficient to | 2405 |
| pay fifty per cent of the total cost of all of the offices and | 2406 |
| systems other than costs and expenses that are reimbursable under | 2407 |
| section 120.35 of the Revised Code, for the lesser amount required | 2408 |
| by section 120.34 of the Revised Code. | 2409 |
| (5) If any county appointed counsel system fails to maintain | 2410 |
| the standards for the conduct of the system established by the | 2411 |
| rules of the Ohio public defender commission pursuant to divisions | 2412 |
| (B) and (C) of section 120.03 or the standards established by the | 2413 |
| state public defender pursuant to division (B)(7) of section | 2414 |
| 120.04 of the Revised Code, the Ohio public defender commission | 2415 |
| shall notify the board of county commissioners of the county that | 2416 |
| the county appointed counsel system has failed to comply with its | 2417 |
| rules or the standards of the state public defender. Unless the | 2418 |
| board of county commissioners corrects the conduct of its | 2419 |
| appointed counsel system to comply with the rules and standards | 2420 |
| within ninety days after the date of the notice, the state public | 2421 |
| defender may deny all or part of the county's reimbursement from | 2422 |
| the state provided for in division (A)(4) of this section. | 2423 |
| (B) In lieu of using a county public defender or joint county | 2424 |
| public defender to represent indigent persons in the proceedings | 2425 |
| set forth in division (A) of section 120.16 of the Revised Code, | 2426 |
| and in lieu of adopting the resolution and following the procedure | 2427 |
| described in division (A) of this section, the board of county | 2428 |
| commissioners of any county may contract with the state public | 2429 |
| defender for the state public defender's legal representation of | 2430 |
| indigent persons. A contract entered into pursuant to this | 2431 |
| division may provide for payment for the services provided on a | 2432 |
| per case, hourly, or fixed contract basis. | 2433 |
| (C) If a court appoints an attorney pursuant to this section | 2434 |
| to represent a petitioner in a postconviction relief proceeding | 2435 |
| under section 2953.21 of the Revised Code, the petitioner has | 2436 |
| received a sentence of death, and the proceeding relates to that | 2437 |
| sentence, the attorney who represents the petitioner in the | 2438 |
| proceeding pursuant to the appointment shall be certified under | 2439 |
| Rule 20 of the Rules of Superintendence for the Courts of Ohio to | 2440 |
| represent indigent defendants charged with or convicted of an | 2441 |
| offense for which the death penalty can be or has been imposed. | 2442 |
| Sec. 122.051. There is hereby created in the state treasury | 2443 |
| the international trade cooperative projects fund. The fund shall | 2444 |
| consist of moneys received from private and nonprofit | 2445 |
| organizations involved in cooperative agreements related to | 2446 |
| import/export and direct foreign investment activities and cash | 2447 |
| transfers from other state agencies or any state or local | 2448 |
| government to encourage, promote, and assist trade and commerce | 2449 |
| between this state and foreign nations, pursuant to section 122.05 | 2450 |
| and division (E) of section 122.04 of the Revised Code. | 2451 |
| Sec. 122.071. There is hereby created in the state treasury | 2452 |
| the travel and tourism cooperative projects fund consisting of all | 2453 |
| grants, gifts, and contributions made to the director of | 2454 |
| development for marketing and promotion of travel and tourism | 2455 |
| within this state pursuant to division (F) of section 122.04 and | 2456 |
| section 122.07 of the Revised Code. | 2457 |
| Sec. 122.076. There is hereby created in the state treasury | 2458 |
| the energy projects fund consisting of nonfederal revenue that is | 2459 |
| remitted to the director of development for the purpose of energy | 2460 |
| projects. Money in the fund shall be used by the department of | 2461 |
| development for energy projects and to pay the costs incurred in | 2462 |
| administering the energy projects. | 2463 |
| Sec. 122.17. (A) As used in this section: | 2464 |
| (1) "Full-time employee" means an individual who is employed | 2465 |
| for consideration for at least an average of thirty-five hours a | 2466 |
| week or who renders any other standard of service generally | 2467 |
| accepted by custom or specified by contract as full-time | 2468 |
| employment, or who is employed for consideration for such time or | 2469 |
| renders such service but is on active duty reserve or Ohio | 2470 |
| national guard service. | 2471 |
| (2) "New employee" means one of the following: | 2472 |
| (a) A full-time employee first employed by a taxpayer in the | 2473 |
| project that is the subject of the agreement after the taxpayer | 2474 |
| enters into a tax credit agreement with the tax credit authority | 2475 |
| under this section; | 2476 |
| (b) A full-time employee first employed by a taxpayer in the | 2477 |
| project that is the subject of the tax credit after the tax credit | 2478 |
| authority approves a project for a tax credit under this section | 2479 |
| in a public meeting, as long as the taxpayer enters into the tax | 2480 |
| credit agreement prepared by the department of development after | 2481 |
| such meeting within sixty days after receiving the agreement from | 2482 |
| the department. If the taxpayer fails to enter into the agreement | 2483 |
| within sixty days, "new employee" has the same meaning as under | 2484 |
| division (A)(2)(a) of this section. A full-time employee may be | 2485 |
| considered a "new employee" of a taxpayer, despite previously | 2486 |
| having been employed by a related member of the taxpayer, if all | 2487 |
| of the following apply: | 2488 |
| (i) The related member is a party to the tax credit agreement | 2489 |
| at the time the employee is first employed with the taxpayer; | 2490 |
| (ii) The related member will remain subject to the tax | 2491 |
| imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied | 2492 |
| under Chapter 5751. of the Revised Code for the remainder of the | 2493 |
| term of the tax credit, and the tax credit is taken against | 2494 |
| liability for that same tax through the remainder of the term of | 2495 |
| the tax credit; and | 2496 |
| (iii) The employee was considered a new employee of the | 2497 |
| related member prior to employment with the taxpayer. | 2498 |
| Under division (A)(2)(a) or (b) of this section, if the tax | 2499 |
| credit authority determines it appropriate, "new employee" also | 2500 |
| may include an employee re-hired or called back from lay-off to | 2501 |
| work in a new facility or on a new product or service established | 2502 |
| or produced by the taxpayer after entering into the agreement | 2503 |
| under this section or after the tax credit authority approves the | 2504 |
| tax credit in a public meeting. Except as otherwise provided in | 2505 |
| this paragraph, "new employee" does not include any employee of | 2506 |
| the taxpayer who was previously employed in this state by a | 2507 |
| related member of the taxpayer and whose employment was shifted to | 2508 |
| the taxpayer after the taxpayer entered into the tax credit | 2509 |
| agreement or after the tax credit authority approved the credit in | 2510 |
| a public meeting, or any employee of the taxpayer for which the | 2511 |
| taxpayer has been granted a certificate under division (B) of | 2512 |
| section 5709.66 of the Revised Code. However, if the taxpayer is | 2513 |
| engaged in the enrichment and commercialization of uranium or | 2514 |
| uranium products or is engaged in research and development | 2515 |
| activities related thereto and if the tax credit authority | 2516 |
| determines it appropriate, "new employee" may include an employee | 2517 |
| of the taxpayer who was previously employed in this state by a | 2518 |
| related member of the taxpayer and whose employment was shifted to | 2519 |
| the taxpayer after the taxpayer entered into the tax credit | 2520 |
| agreement or after the tax credit authority approved the credit in | 2521 |
| a public meeting. "New employee" does not include an employee of | 2522 |
| the taxpayer who is employed in an employment position that was | 2523 |
| relocated to a project from other operations of the taxpayer in | 2524 |
| this state or from operations of a related member of the taxpayer | 2525 |
| in this state. In addition, "new employee" does not include a | 2526 |
| child, grandchild, parent, or spouse, other than a spouse who is | 2527 |
| legally separated from the individual, of any individual who is an | 2528 |
| employee of the taxpayer and who has a direct or indirect | 2529 |
| ownership interest of at least five per cent in the profits, | 2530 |
| capital, or value of the taxpayer. Such ownership interest shall | 2531 |
| be determined in accordance with section 1563 of the Internal | 2532 |
| Revenue Code and regulations prescribed thereunder. | 2533 |
| (3) "New income tax revenue" means the total amount withheld | 2534 |
| under section 5747.06 of the Revised Code by the taxpayer during | 2535 |
| the taxable year, or during the calendar year that includes the | 2536 |
| tax period, from the compensation of new employees for the tax | 2537 |
| levied under Chapter 5747. of the Revised Code. | 2538 |
| (4) "Related member" has the same meaning as under division | 2539 |
| (A)(6) of section 5733.042 of the Revised Code without regard to | 2540 |
| division (B) of that section. | 2541 |
| (B) The tax credit authority may make grants under this | 2542 |
| section to foster job creation in this state. Such a grant shall | 2543 |
| take the form of a refundable credit allowed against the tax | 2544 |
| imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied | 2545 |
| under Chapter 5751. of the Revised Code. The credit shall be | 2546 |
| claimed for the taxable years or tax periods specified in the | 2547 |
| taxpayer's agreement with the tax credit authority under division | 2548 |
| (D) of this section. With respect to taxes imposed under section | 2549 |
| 5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the | 2550 |
| credit shall be claimed in the order required under section | 2551 |
| 5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of | 2552 |
| the credit available for a taxable year or for a calendar year | 2553 |
| that includes a tax period equals the new income tax revenue for | 2554 |
| that year multiplied by the percentage specified in the agreement | 2555 |
| with the tax credit authority. Any credit granted under this | 2556 |
| section against the tax imposed by section 5733.06 or 5747.02 of | 2557 |
| the Revised Code, to the extent not fully utilized against such | 2558 |
| tax for taxable years ending prior to 2008, shall automatically be | 2559 |
| converted without any action taken by the tax credit authority to | 2560 |
| a credit against the tax levied under Chapter 5751. of the Revised | 2561 |
| Code for tax periods beginning on or after July 1, 2008, provided | 2562 |
| that the person to whom the credit was granted is subject to such | 2563 |
| tax. The converted credit shall apply to those calendar years in | 2564 |
| which the remaining taxable years specified in the agreement end. | 2565 |
| (C) A taxpayer or potential taxpayer who proposes a project | 2566 |
| to create new jobs in this state may apply to the tax credit | 2567 |
| authority to enter into an agreement for a tax credit under this | 2568 |
| section. The director of development shall prescribe the form of | 2569 |
| the application. After receipt of an application, the authority | 2570 |
| may enter into an agreement with the taxpayer for a credit under | 2571 |
| this section if it determines all of the following: | 2572 |
| (1) The taxpayer's project will create new jobs in this | 2573 |
| state; | 2574 |
| (2) The taxpayer's project is economically sound and will | 2575 |
| benefit the people of this state by increasing opportunities for | 2576 |
| employment and strengthening the economy of this state; | 2577 |
| (3) Receiving the tax credit is a major factor in the | 2578 |
| taxpayer's decision to go forward with the project. | 2579 |
| (D) An agreement under this section shall include all of the | 2580 |
| following: | 2581 |
| (1) A detailed description of the project that is the subject | 2582 |
| of the agreement; | 2583 |
| (2) The term of the tax credit, which shall not exceed | 2584 |
| fifteen years, and the first taxable year, or first calendar year | 2585 |
| that includes a tax period, for which the credit may be claimed; | 2586 |
| (3) A requirement that the taxpayer shall maintain operations | 2587 |
| at the project location for at least twice the number of years as | 2588 |
| the term of the tax credit; | 2589 |
| (4) The percentage, as determined by the tax credit | 2590 |
| authority, of new income tax revenue that will be allowed as the | 2591 |
| amount of the credit for each taxable year or for each calendar | 2592 |
| year that includes a tax period; | 2593 |
| (5) A specific method for determining how many new employees | 2594 |
| are employed during a taxable year or during a calendar year that | 2595 |
| includes a tax period; | 2596 |
| (6) A requirement that the taxpayer annually shall report to | 2597 |
| the director of development the number of new employees, the new | 2598 |
| income tax revenue withheld in connection with the new employees, | 2599 |
| and any other information the director needs to perform the | 2600 |
| director's duties under this section; | 2601 |
| (7) A requirement that the director of development annually | 2602 |
| shall verify the amounts reported under division (D)(6) of this | 2603 |
| section, and after doing so shall issue a certificate to the | 2604 |
| taxpayer stating that the amounts have been verified; | 2605 |
| (8)(a) A provision requiring that the taxpayer, except as | 2606 |
| otherwise provided in division (D)(8)(b) of this section, shall | 2607 |
| not relocate employment positions from elsewhere in this state to | 2608 |
| the project site that is the subject of the agreement for the | 2609 |
| lesser of five years from the date the agreement is entered into | 2610 |
| or the number of years the taxpayer is entitled to claim the tax | 2611 |
| credit. | 2612 |
| (b) The taxpayer may relocate employment positions from | 2613 |
| elsewhere in this state to the project site that is the subject of | 2614 |
| the agreement if the director of development determines both of | 2615 |
| the following: | 2616 |
| (i) That the site from which the employment positions would | 2617 |
| be relocated is inadequate to meet market and industry conditions, | 2618 |
| expansion plans, consolidation plans, or other business | 2619 |
| considerations affecting the taxpayer; | 2620 |
| (ii) That the legislative authority of the county, township, | 2621 |
| or municipal corporation from which the employment positions would | 2622 |
| be relocated has been notified of the relocation. | 2623 |
| For purposes of this section, the movement of an employment | 2624 |
| position from one political subdivision to another political | 2625 |
| subdivision shall be considered a relocation of an employment | 2626 |
| position, but the transfer of an individual employee from one | 2627 |
| political subdivision to another political subdivision shall not | 2628 |
| be considered a relocation of an employment position as long as | 2629 |
| the individual's employment position in the first political | 2630 |
| subdivision is refilled. | 2631 |
| (E) If a taxpayer fails to meet or comply with any condition | 2632 |
| or requirement set forth in a tax credit agreement, the tax credit | 2633 |
| authority may amend the agreement to reduce the percentage or term | 2634 |
| of the tax credit. The reduction of the percentage or term shall | 2635 |
| take effect (1) in the taxable year immediately following the | 2636 |
| taxable year in which the authority amends the agreement or the | 2637 |
| director of development notifies the taxpayer in writing of such | 2638 |
| failure, or (2) in the first tax period beginning in the calendar | 2639 |
| year immediately following the calendar year in which the | 2640 |
| authority amends the agreement or the director notifies the | 2641 |
| taxpayer in writing of such failure. If the taxpayer fails to | 2642 |
| annually report any of the information required by division (D)(6) | 2643 |
| of this section within the time required by the director, the | 2644 |
| reduction of the percentage or term may take effect in the current | 2645 |
| taxable year. If the taxpayer relocates employment positions in | 2646 |
| violation of the provision required under division (D)(8)(a) of | 2647 |
| this section, the taxpayer shall not claim the tax credit under | 2648 |
| section 5733.0610 of the Revised Code for any tax years following | 2649 |
| the calendar year in which the relocation occurs, or shall not | 2650 |
| claim the tax credit under section 5725.32, 5729.032, or 5747.058 | 2651 |
| of the Revised Code for the taxable year in which the relocation | 2652 |
| occurs and any subsequent taxable years, and shall not claim the | 2653 |
| tax credit under division (A) of section 5751.50 of the Revised | 2654 |
| Code for any tax period in the calendar year in which the | 2655 |
| relocation occurs and any subsequent tax periods. | 2656 |
| (F) Projects that consist solely of point-of-final-purchase | 2657 |
| retail facilities are not eligible for a tax credit under this | 2658 |
| section. If a project consists of both point-of-final-purchase | 2659 |
| retail facilities and nonretail facilities, only the portion of | 2660 |
| the project consisting of the nonretail facilities is eligible for | 2661 |
| a tax credit and only the new income tax revenue from new | 2662 |
| employees of the nonretail facilities shall be considered when | 2663 |
| computing the amount of the tax credit. If a warehouse facility is | 2664 |
| part of a point-of-final-purchase retail facility and supplies | 2665 |
| only that facility, the warehouse facility is not eligible for a | 2666 |
| tax credit. Catalog distribution centers are not considered | 2667 |
| point-of-final-purchase retail facilities for the purposes of this | 2668 |
| division, and are eligible for tax credits under this section. | 2669 |
| (G) Financial statements and other information submitted to | 2670 |
| the department of development or the tax credit authority by an | 2671 |
| applicant or recipient of a tax credit under this section, and any | 2672 |
| information taken for any purpose from such statements or | 2673 |
| information, are not public records subject to section 149.43 of | 2674 |
| the Revised Code. However, the chairperson of the authority may | 2675 |
| make use of the statements and other information for purposes of | 2676 |
| issuing public reports or in connection with court proceedings | 2677 |
| concerning tax credit agreements under this section. Upon the | 2678 |
| request of the tax commissioner or, if the applicant or recipient | 2679 |
| is an insurance company, upon the request of the superintendent of | 2680 |
| insurance, the chairperson of the authority shall provide to the | 2681 |
| commissioner or superintendent any statement or information | 2682 |
| submitted by an applicant or recipient of a tax credit in | 2683 |
| connection with the credit. The commissioner or superintendent | 2684 |
| shall preserve the confidentiality of the statement or | 2685 |
| information. | 2686 |
| (H) A taxpayer claiming a credit under this section shall | 2687 |
| submit to the tax commissioner or, if the taxpayer is an insurance | 2688 |
| company, to the superintendent of insurance, a copy of the | 2689 |
| director of development's certificate of verification under | 2690 |
| division (D)(7) of this section with the taxpayer's tax report or | 2691 |
| return for the taxable year or for the calendar year that includes | 2692 |
| the tax period. Failure to submit a copy of the certificate with | 2693 |
| the report or return does not invalidate a claim for a credit if | 2694 |
| the taxpayer submits a copy of the certificate to the commissioner | 2695 |
| or superintendent within sixty days after the commissioner or | 2696 |
| superintendent requests it. | 2697 |
| (I) The director of development, after consultation with the | 2698 |
| tax commissioner and the superintendent of insurance and in | 2699 |
| accordance with Chapter 119. of the Revised Code, shall adopt | 2700 |
| rules necessary to implement this section. The rules may provide | 2701 |
| for recipients of tax credits under this section to be charged | 2702 |
| fees to cover administrative costs of the tax credit program. The | 2703 |
| fees collected shall be credited to the tax incentive programs | 2704 |
| operating fund created in section 122.174 of the Revised Code. At | 2705 |
| the time the director gives public notice under division (A) of | 2706 |
| section 119.03 of the Revised Code of the adoption of the rules, | 2707 |
| the director shall submit copies of the proposed rules to the | 2708 |
| chairpersons of the standing committees on economic development in | 2709 |
| the senate and the house of representatives. | 2710 |
| (J) For the purposes of this section, a taxpayer may include | 2711 |
| a partnership, a corporation that has made an election under | 2712 |
| subchapter S of chapter one of subtitle A of the Internal Revenue | 2713 |
| Code, or any other business entity through which income flows as a | 2714 |
| distributive share to its owners. A | 2715 |
| 2716 | |
| entity | 2717 |
| received under this section through to the persons to whom the | 2718 |
| income or profit of the partnership, S-corporation, or other | 2719 |
|
entity is distributed | 2720 |
| report required under division (D)(6) of this section. The | 2721 |
| election applies to and is irrevocable for the credit for which | 2722 |
| the report is submitted. If the election is made, the credit shall | 2723 |
| be apportioned among those persons in the same proportions as | 2724 |
| those in which the income or profit is distributed. | 2725 |
| (K) If the director of development determines that a taxpayer | 2726 |
| who has received a credit under this section is not complying with | 2727 |
| the requirement under division (D)(3) of this section, the | 2728 |
| director shall notify the tax credit authority of the | 2729 |
| noncompliance. After receiving such a notice, and after giving the | 2730 |
| taxpayer an opportunity to explain the noncompliance, the tax | 2731 |
| credit authority may require the taxpayer to refund to this state | 2732 |
| a portion of the credit in accordance with the following: | 2733 |
| (1) If the taxpayer maintained operations at the project | 2734 |
| location for at least one and one-half times the number of years | 2735 |
| of the term of the tax credit, an amount not exceeding twenty-five | 2736 |
| per cent of the sum of any previously allowed credits under this | 2737 |
| section; | 2738 |
| (2) If the taxpayer maintained operations at the project | 2739 |
| location for at least the number of years of the term of the tax | 2740 |
| credit, an amount not exceeding fifty per cent of the sum of any | 2741 |
| previously allowed credits under this section; | 2742 |
| (3) If the taxpayer maintained operations at the project | 2743 |
| location for less than the number of years of the term of the tax | 2744 |
| credit, an amount not exceeding one hundred per cent of the sum of | 2745 |
| any previously allowed credits under this section. | 2746 |
| In determining the portion of the tax credit to be refunded | 2747 |
| to this state, the tax credit authority shall consider the effect | 2748 |
| of market conditions on the taxpayer's project and whether the | 2749 |
| taxpayer continues to maintain other operations in this state. | 2750 |
| After making the determination, the authority shall certify the | 2751 |
| amount to be refunded to the tax commissioner or superintendent of | 2752 |
| insurance, as appropriate. If the amount is certified to the | 2753 |
| commissioner, the commissioner shall make an assessment for that | 2754 |
| amount against the taxpayer under Chapter 5733., 5747., or 5751. | 2755 |
| of the Revised Code. If the amount is certified to the | 2756 |
| superintendent, the superintendent shall make an assessment for | 2757 |
| that amount against the taxpayer under Chapter 5725. or 5729. of | 2758 |
| the Revised Code. The time limitations on assessments under those | 2759 |
| chapters do not apply to an assessment under this division, but | 2760 |
| the commissioner or superintendent, as appropriate, shall make the | 2761 |
| assessment within one year after the date the authority certifies | 2762 |
| to the commissioner or superintendent the amount to be refunded. | 2763 |
| (L) On or before the thirty-first day of March each year, the | 2764 |
| director of development shall submit a report to the governor, the | 2765 |
| president of the senate, and the speaker of the house of | 2766 |
| representatives on the tax credit program under this section. The | 2767 |
| report shall include information on the number of agreements that | 2768 |
| were entered into under this section during the preceding calendar | 2769 |
| year, a description of the project that is the subject of each | 2770 |
| such agreement, and an update on the status of projects under | 2771 |
| agreements entered into before the preceding calendar year. | 2772 |
| (M) There is hereby created the tax credit authority, which | 2773 |
| consists of the director of development and four other members | 2774 |
| appointed as follows: the governor, the president of the senate, | 2775 |
| and the speaker of the house of representatives each shall appoint | 2776 |
| one member who shall be a specialist in economic development; the | 2777 |
| governor also shall appoint a member who is a specialist in | 2778 |
| taxation. Of the initial appointees, the members appointed by the | 2779 |
| governor shall serve a term of two years; the members appointed by | 2780 |
| the president of the senate and the speaker of the house of | 2781 |
| representatives shall serve a term of four years. Thereafter, | 2782 |
| terms of office shall be for four years. Initial appointments to | 2783 |
| the authority shall be made within thirty days after January 13, | 2784 |
| 1993. Each member shall serve on the authority until the end of | 2785 |
| the term for which the member was appointed. Vacancies shall be | 2786 |
| filled in the same manner provided for original appointments. Any | 2787 |
| member appointed to fill a vacancy occurring prior to the | 2788 |
| expiration of the term for which the member's predecessor was | 2789 |
| appointed shall hold office for the remainder of that term. | 2790 |
| Members may be reappointed to the authority. Members of the | 2791 |
| authority shall receive their necessary and actual expenses while | 2792 |
| engaged in the business of the authority. The director of | 2793 |
| development shall serve as chairperson of the authority, and the | 2794 |
| members annually shall elect a vice-chairperson from among | 2795 |
| themselves. Three members of the authority constitute a quorum to | 2796 |
| transact and vote on the business of the authority. The majority | 2797 |
| vote of the membership of the authority is necessary to approve | 2798 |
| any such business, including the election of the vice-chairperson. | 2799 |
| The director of development may appoint a professional | 2800 |
| employee of the department of development to serve as the | 2801 |
| director's substitute at a meeting of the authority. The director | 2802 |
| shall make the appointment in writing. In the absence of the | 2803 |
| director from a meeting of the authority, the appointed substitute | 2804 |
| shall serve as chairperson. In the absence of both the director | 2805 |
| and the director's substitute from a meeting, the vice-chairperson | 2806 |
| shall serve as chairperson. | 2807 |
| (N) For purposes of the credits granted by this section | 2808 |
| against the taxes imposed under sections 5725.18 and 5729.03 of | 2809 |
| the Revised Code, "taxable year" means the period covered by the | 2810 |
| taxpayer's annual statement to the superintendent of insurance. | 2811 |
| Sec. 122.171. (A) As used in this section: | 2812 |
| (1) "Capital investment project" means a plan of investment | 2813 |
| at a project site for the acquisition, construction, renovation, | 2814 |
| or repair of buildings, machinery, or equipment, or for | 2815 |
| capitalized costs of basic research and new product development | 2816 |
| determined in accordance with generally accepted accounting | 2817 |
| principles, but does not include any of the following: | 2818 |
| (a) Payments made for the acquisition of personal property | 2819 |
| through operating leases; | 2820 |
| (b) Project costs paid before January 1, 2002; | 2821 |
| (c) Payments made to a related member as defined in section | 2822 |
| 5733.042 of the Revised Code or to an elected consolidated | 2823 |
| taxpayer or a combined taxpayer as defined in section 5751.01 of | 2824 |
| the Revised Code. | 2825 |
| (2) "Eligible business" means a business with Ohio operations | 2826 |
| satisfying all of the following: | 2827 |
| (a) Employed an average of at least one thousand employees in | 2828 |
| full-time employment positions at a project site during each of | 2829 |
| the twelve months preceding the application for a tax credit under | 2830 |
| this section; and | 2831 |
| (b) On or after January 1, 2002, has made payments for the | 2832 |
| capital investment project of either of the following: | 2833 |
| (i) At least two hundred million dollars in the aggregate at | 2834 |
| the project site during a period of three consecutive calendar | 2835 |
| years including the calendar year that includes a day of the | 2836 |
| taxpayer's taxable year or tax period with respect to which the | 2837 |
| credit is granted; | 2838 |
| (ii) If the average wage of all full-time employment | 2839 |
| positions at the project site is greater than four hundred per | 2840 |
| cent of the federal minimum wage, at least one hundred million | 2841 |
| dollars in the aggregate at the project site during a period of | 2842 |
| three consecutive calendar years including the calendar year that | 2843 |
| includes a day of the taxpayer's taxable year or tax period with | 2844 |
| respect to which the credit is granted. | 2845 |
| (c) Is engaged at the project site primarily as a | 2846 |
| manufacturer or is providing significant corporate administrative | 2847 |
| functions; | 2848 |
| (d) Has had a capital investment project reviewed and | 2849 |
| approved by the tax credit authority as provided in divisions (C), | 2850 |
| (D), and (E) of this section. | 2851 |
| (3) "Full-time employment position" means a position of | 2852 |
| employment for consideration for at least an average of | 2853 |
| thirty-five hours a week that has been filled for at least one | 2854 |
| hundred eighty days immediately preceding the filing of an | 2855 |
| application under this section and for at least one hundred eighty | 2856 |
| days during each taxable year or each calendar year that includes | 2857 |
| a tax period with respect to which the credit is granted, or is | 2858 |
| employed in such position for consideration for such time, but is | 2859 |
| on active duty reserve or Ohio national guard service. | 2860 |
| (4) "Manufacturer" has the same meaning as in section | 2861 |
| 5739.011 of the Revised Code. | 2862 |
| (5) "Project site" means an integrated complex of facilities | 2863 |
| in this state, as specified by the tax credit authority under this | 2864 |
| section, within a fifteen-mile radius where a taxpayer is | 2865 |
| primarily operating as an eligible business. | 2866 |
| (6) "Applicable corporation" means a corporation satisfying | 2867 |
| all of the following: | 2868 |
| (a)(i) For the entire taxable year immediately preceding the | 2869 |
| tax year, the corporation develops software applications primarily | 2870 |
| to provide telecommunication billing and information services | 2871 |
| through outsourcing or licensing to domestic or international | 2872 |
| customers. | 2873 |
| (ii) Sales and licensing of software generated at least six | 2874 |
| hundred million dollars in revenue during the taxable year | 2875 |
| immediately preceding the tax year the corporation is first | 2876 |
| entitled to claim the credit provided under division (B) of this | 2877 |
| section. | 2878 |
| (b) For the entire taxable year immediately preceding the tax | 2879 |
| year, the corporation or one or more of its related members | 2880 |
| provides customer or employee care and technical support for | 2881 |
| clients through one or more contact centers within this state, and | 2882 |
| the corporation and its related members together have a daily | 2883 |
| average, based on a three-hundred-sixty-five-day year, of at least | 2884 |
| five hundred thousand successful customer contacts through one or | 2885 |
| more of their contact centers, wherever located. | 2886 |
| (c) The corporation is eligible for the credit under division | 2887 |
| (B) of this section for the tax year. | 2888 |
| (7) "Related member" has the same meaning as in section | 2889 |
| 5733.042 of the Revised Code as that section existed on the | 2890 |
| effective date of its amendment by Am. Sub. H.B. 215 of the 122nd | 2891 |
| general assembly, September 29, 1997. | 2892 |
| (8) "Successful customer contact" means a contact with an end | 2893 |
| user via telephone, including interactive voice recognition or | 2894 |
| similar means, where the contact culminates in a conversation or | 2895 |
| connection other than a busy signal or equipment busy. | 2896 |
| (9) "Telecommunications" means all forms of | 2897 |
| telecommunications service as defined in section 5739.01 of the | 2898 |
| Revised Code, and includes services in wireless, wireline, cable, | 2899 |
| broadband, internet protocol, and satellite. | 2900 |
| (10)(a) "Applicable difference" means the difference between | 2901 |
| the tax for the tax year under Chapter 5733. of the Revised Code | 2902 |
| applying the law in effect for that tax year, and the tax for that | 2903 |
| tax year if section 5733.042 of the Revised Code applied as that | 2904 |
| section existed on the effective date of its amendment by Am. Sub. | 2905 |
| H.B. 215 of the 122nd general assembly, September 29, 1997, | 2906 |
| subject to division (A)(10)(b) of this section. | 2907 |
| (b) If the tax rate set forth in division (B) of section | 2908 |
| 5733.06 of the Revised Code for the tax year is less than eight | 2909 |
| and one-half per cent, the tax calculated under division | 2910 |
| (A)(10)(a) of this section shall be computed by substituting a tax | 2911 |
| rate of eight and one-half per cent for the rate set forth in | 2912 |
| division (B) of section 5733.06 of the Revised Code for the tax | 2913 |
| year. | 2914 |
| (c) If the resulting difference is negative, the applicable | 2915 |
| tax difference for the tax year shall be zero. | 2916 |
| (B) The tax credit authority created under section 122.17 of | 2917 |
| the Revised Code may grant tax credits under this section for the | 2918 |
| purpose of fostering job retention in this state. Upon application | 2919 |
| by an eligible business and upon consideration of the | 2920 |
| recommendation of the director of budget and management, tax | 2921 |
| commissioner, and director of development under division (C) of | 2922 |
| this section, the tax credit authority may grant to an eligible | 2923 |
| business a nonrefundable credit against the tax imposed by section | 2924 |
| 5733.06 or 5747.02 of the Revised Code for a period up to fifteen | 2925 |
| taxable years and against the tax levied by Chapter 5751. of the | 2926 |
| Revised Code for a period of up to fifteen calendar years. The | 2927 |
| credit shall be in an amount not exceeding seventy-five per cent | 2928 |
| of the Ohio income tax withheld from the employees of the eligible | 2929 |
| business occupying full-time employment positions at the project | 2930 |
| site during the calendar year that includes the last day of such | 2931 |
| business' taxable year or tax period with respect to which the | 2932 |
| credit is granted. The amount of the credit shall not be based on | 2933 |
| the Ohio income tax withheld from full-time employees for a | 2934 |
| calendar year prior to the calendar year in which the minimum | 2935 |
| investment requirement referred to in division (A)(2)(b) of this | 2936 |
| section is completed. The credit shall be claimed only for the | 2937 |
| taxable years or tax periods specified in the eligible business' | 2938 |
| agreement with the tax credit authority under division (E) of this | 2939 |
| section, but in no event shall the credit be claimed for a taxable | 2940 |
| year or tax period terminating before the date specified in the | 2941 |
| agreement. Any credit granted under this section against the tax | 2942 |
| imposed by section 5733.06 or 5747.02 of the Revised Code, to the | 2943 |
| extent not fully utilized against such tax for taxable years | 2944 |
| ending prior to 2008, shall automatically be converted without any | 2945 |
| action taken by the tax credit authority to a credit against the | 2946 |
| tax levied under Chapter 5751. of the Revised Code for tax periods | 2947 |
| beginning on or after July 1, 2008, provided that the person to | 2948 |
| whom the credit was granted is subject to such tax. The converted | 2949 |
| credit shall apply to those calendar years in which the remaining | 2950 |
| taxable years specified in the agreement end. | 2951 |
| The credit computed under this division is in addition to any | 2952 |
| credit allowed under division (M) of this section which the tax | 2953 |
| credit authority may also include in the agreement. | 2954 |
| Any unused portion of a tax credit may be carried forward for | 2955 |
| not more than three additional years after the year for which the | 2956 |
| credit is granted. | 2957 |
| (C) A taxpayer that proposes a capital investment project to | 2958 |
| retain jobs in this state may apply to the tax credit authority to | 2959 |
| enter into an agreement for a tax credit under this section. The | 2960 |
| director of development shall prescribe the form of the | 2961 |
| application. After receipt of an application, the authority shall | 2962 |
| forward copies of the application to the director of budget and | 2963 |
| management, the tax commissioner, and the director of development, | 2964 |
| each of whom shall review the application to determine the | 2965 |
| economic impact the proposed project would have on the state and | 2966 |
| the affected political subdivisions and shall submit a summary of | 2967 |
| their determinations and recommendations to the authority. | 2968 |
| (D) Upon review of the determinations and recommendations | 2969 |
| described in division (C) of this section, the tax credit | 2970 |
| authority may enter into an agreement with the taxpayer for a | 2971 |
| credit under this section if the authority determines all of the | 2972 |
| following: | 2973 |
| (1) The taxpayer's capital investment project will result in | 2974 |
| the retention of full-time employment positions in this state. | 2975 |
| (2) The taxpayer is economically sound and has the ability to | 2976 |
| complete the proposed capital investment project. | 2977 |
| (3) The taxpayer intends to and has the ability to maintain | 2978 |
| operations at the project site for at least twice the term of the | 2979 |
| credit. | 2980 |
| (4) Receiving the credit is a major factor in the taxpayer's | 2981 |
| decision to begin, continue with, or complete the project. | 2982 |
| (5) The political subdivisions in which the project is | 2983 |
| located have agreed to provide substantial financial support to | 2984 |
| the project. | 2985 |
| (E) An agreement under this section shall include all of the | 2986 |
| following: | 2987 |
| (1) A detailed description of the project that is the subject | 2988 |
| of the agreement, including the amount of the investment, the | 2989 |
| period over which the investment has been or is being made, and | 2990 |
| the number of full-time employment positions at the project site. | 2991 |
| (2) The method of calculating the number of full-time | 2992 |
| employment positions as specified in division (A)(3) of this | 2993 |
| section. | 2994 |
| (3) The term and percentage of the tax credit, and the first | 2995 |
| year for which the credit may be claimed. | 2996 |
| (4) A requirement that the taxpayer maintain operations at | 2997 |
| the project site for at least twice the number of years as the | 2998 |
| term of the credit. | 2999 |
| (5) A requirement that the taxpayer retain a specified number | 3000 |
| of full-time employment positions at the project site and within | 3001 |
| this state for the term of the credit, including a requirement | 3002 |
| that the taxpayer continue to employ at least one thousand | 3003 |
| employees in full-time employment positions at the project site | 3004 |
| during the entire term of any agreement, subject to division | 3005 |
| (E)(7) of this section. | 3006 |
| (6) A requirement that the taxpayer annually report to the | 3007 |
| director of development the number of full-time employment | 3008 |
| positions subject to the credit, the amount of tax withheld from | 3009 |
| employees in those positions, the amount of the payments made for | 3010 |
| the capital investment project, and any other information the | 3011 |
| director needs to perform the director's duties under this | 3012 |
| section. | 3013 |
| (7) A requirement that the director of development annually | 3014 |
| review the annual reports of the taxpayer to verify the | 3015 |
| information reported under division (E)(6) of this section and | 3016 |
| compliance with the agreement. Upon verification, the director | 3017 |
| shall issue a certificate to the taxpayer stating that the | 3018 |
| information has been verified and identifying the amount of the | 3019 |
| credit for the taxable year. Unless otherwise specified by the tax | 3020 |
| credit authority in a resolution and included as part of the | 3021 |
| agreement, the director shall not issue a certificate for any year | 3022 |
| in which the total number of filled full-time employment positions | 3023 |
| for each day of the calendar year divided by three hundred | 3024 |
| sixty-five is less than ninety per cent of the full-time | 3025 |
| employment positions specified in division (E)(5) of this section. | 3026 |
| In determining the number of full-time employment positions, no | 3027 |
| position shall be counted that is filled by an employee who is | 3028 |
| included in the calculation of a tax credit under section 122.17 | 3029 |
| of the Revised Code. | 3030 |
| (8)(a) A provision requiring that the taxpayer, except as | 3031 |
| otherwise provided in division (E)(8)(b) of this section, shall | 3032 |
| not relocate employment positions from elsewhere in this state to | 3033 |
| the project site that is the subject of the agreement for the | 3034 |
| lesser of five years from the date the agreement is entered into | 3035 |
| or the number of years the taxpayer is entitled to claim the | 3036 |
| credit. | 3037 |
| (b) The taxpayer may relocate employment positions from | 3038 |
| elsewhere in this state to the project site that is the subject of | 3039 |
| the agreement if the director of development determines both of | 3040 |
| the following: | 3041 |
| (i) That the site from which the employment positions would | 3042 |
| be relocated is inadequate to meet market and industry conditions, | 3043 |
| expansion plans, consolidation plans, or other business | 3044 |
| considerations affecting the taxpayer; | 3045 |
| (ii) That the legislative authority of the county, township, | 3046 |
| or municipal corporation from which the employment positions would | 3047 |
| be relocated has been notified of the relocation. | 3048 |
| For purposes of this section, the movement of an employment | 3049 |
| position from one political subdivision to another political | 3050 |
| subdivision shall be considered a relocation of an employment | 3051 |
| position unless the movement is confined to the project site. The | 3052 |
| transfer of an individual employee from one political subdivision | 3053 |
| to another political subdivision shall not be considered a | 3054 |
| relocation of an employment position as long as the individual's | 3055 |
| employment position in the first political subdivision is | 3056 |
| refilled. | 3057 |
| (9) A waiver by the taxpayer of any limitations periods | 3058 |
| relating to assessments or adjustments resulting from the | 3059 |
| taxpayer's failure to comply with the agreement. | 3060 |
| (F) If a taxpayer fails to meet or comply with any condition | 3061 |
| or requirement set forth in a tax credit agreement, the tax credit | 3062 |
| authority may amend the agreement to reduce the percentage or term | 3063 |
| of the credit. The reduction of the percentage or term shall take | 3064 |
| effect (1) in the taxable year immediately following the taxable | 3065 |
| year in which the authority amends the agreement or the director | 3066 |
| of development notifies the taxpayer in writing of such failure, | 3067 |
| or (2) in the first tax period beginning in the calendar year | 3068 |
| immediately following the calendar year in which the authority | 3069 |
| amends the agreement or the director notifies the taxpayer in | 3070 |
| writing of such failure. If the taxpayer fails to annually report | 3071 |
| any of the information required by division (E)(6) of this section | 3072 |
| within the time required by the director, the reduction of the | 3073 |
| percentage or term may take effect in the current taxable year. If | 3074 |
| the taxpayer relocates employment positions in violation of the | 3075 |
| provision required under division (D)(8)(a) of this section, the | 3076 |
| taxpayer shall not claim the tax credit under section 5733.0610 of | 3077 |
| the Revised Code for any tax years following the calendar year in | 3078 |
| which the relocation occurs, shall not claim the tax credit under | 3079 |
| section 5747.058 of the Revised Code for the taxable year in which | 3080 |
| the relocation occurs and any subsequent taxable years, and shall | 3081 |
| not claim the tax credit under division (A) of section 5751.50 of | 3082 |
| the Revised Code for the tax period in which the relocation occurs | 3083 |
| and any subsequent tax periods. | 3084 |
| (G) Financial statements and other information submitted to | 3085 |
| the department of development or the tax credit authority by an | 3086 |
| applicant for or recipient of a tax credit under this section, and | 3087 |
| any information taken for any purpose from such statements or | 3088 |
| information, are not public records subject to section 149.43 of | 3089 |
| the Revised Code. However, the chairperson of the authority may | 3090 |
| make use of the statements and other information for purposes of | 3091 |
| issuing public reports or in connection with court proceedings | 3092 |
| concerning tax credit agreements under this section. Upon the | 3093 |
| request of the tax commissioner, the chairperson of the authority | 3094 |
| shall provide to the commissioner any statement or other | 3095 |
| information submitted by an applicant for or recipient of a tax | 3096 |
| credit in connection with the credit. The commissioner shall | 3097 |
| preserve the confidentiality of the statement or other | 3098 |
| information. | 3099 |
| (H) A taxpayer claiming a tax credit under this section shall | 3100 |
| submit to the tax commissioner a copy of the director of | 3101 |
| development's certificate of verification under division (E)(7) of | 3102 |
| this section with the taxpayer's tax report or return for the | 3103 |
| taxable year or for the calendar year that includes the tax | 3104 |
| period. Failure to submit a copy of the certificate with the | 3105 |
| report or return does not invalidate a claim for a credit if the | 3106 |
| taxpayer submits a copy of the certificate to the commissioner | 3107 |
| within sixty days after the commissioner requests it. | 3108 |
| (I) For the purposes of this section, a taxpayer may include | 3109 |
| a partnership, a corporation that has made an election under | 3110 |
| subchapter S of chapter one of subtitle A of the Internal Revenue | 3111 |
| Code, or any other business entity through which income flows as a | 3112 |
|
distributive share to its owners. A | 3113 |
| 3114 | |
| entity | 3115 |
| received under this section through to the persons to whom the | 3116 |
| income or profit of the partnership, S-corporation, or other | 3117 |
|
entity is distributed | 3118 |
| report required under division (E)(6) of this section. The | 3119 |
| election applies to and is irrevocable for the credit for which | 3120 |
| the report is submitted. If the election is made, the credit shall | 3121 |
| be apportioned among those persons in the same proportions as | 3122 |
| those in which the income or profit is distributed. | 3123 |
| (J) If the director of development determines that a taxpayer | 3124 |
| that received a tax credit under this section is not complying | 3125 |
| with the requirement under division (E)(4) of this section, the | 3126 |
| director shall notify the tax credit authority of the | 3127 |
| noncompliance. After receiving such a notice, and after giving the | 3128 |
| taxpayer an opportunity to explain the noncompliance, the | 3129 |
| authority may terminate the agreement and require the taxpayer to | 3130 |
| refund to the state all or a portion of the credit claimed in | 3131 |
| previous years, as follows: | 3132 |
| (1) If the taxpayer maintained operations at the project site | 3133 |
| for less than the term of the credit, the amount required to be | 3134 |
| refunded shall not exceed the amount of any tax credits previously | 3135 |
| allowed and received under this section. | 3136 |
| (2) If the taxpayer maintained operations at the project site | 3137 |
| longer than the term of the credit but less than one and one-half | 3138 |
| times the term of the credit, the amount required to be refunded | 3139 |
| shall not exceed fifty per cent of the sum of any tax credits | 3140 |
| previously allowed and received under this section. | 3141 |
| (3) If the taxpayer maintained operations at the project site | 3142 |
| for at least one and one-half times the term of the credit but | 3143 |
| less than twice the term of the credit, the amount required to be | 3144 |
| refunded shall not exceed twenty-five per cent of the sum of any | 3145 |
| tax credits previously allowed and received under this section. | 3146 |
| In determining the portion of the credit to be refunded to | 3147 |
| this state, the authority shall consider the effect of market | 3148 |
| conditions on the taxpayer's project and whether the taxpayer | 3149 |
| continues to maintain other operations in this state. After making | 3150 |
| the determination, the authority shall certify the amount to be | 3151 |
| refunded to the tax commissioner. The commissioner shall make an | 3152 |
| assessment for that amount against the taxpayer under Chapter | 3153 |
| 5733., 5747., or 5751. of the Revised Code. The time limitations | 3154 |
| on assessments under those chapters do not apply to an assessment | 3155 |
| under this division, but the commissioner shall make the | 3156 |
| assessment within one year after the date the authority certifies | 3157 |
| to the commissioner the amount to be refunded. | 3158 |
| If the director of development determines that a taxpayer | 3159 |
| that received a tax credit under this section has reduced the | 3160 |
| number of employees agreed to under division (E)(5) of this | 3161 |
| section by more than ten per cent, the director shall notify the | 3162 |
| tax credit authority of the noncompliance. After receiving such | 3163 |
| notice, and after providing the taxpayer an opportunity to explain | 3164 |
| the noncompliance, the authority may amend the agreement to reduce | 3165 |
| the percentage or term of the tax credit. The reduction in the | 3166 |
| percentage or term shall take effect in the taxable year, or in | 3167 |
| the calendar year that includes the tax period, in which the | 3168 |
| authority amends the agreement. | 3169 |
| (K) The director of development, after consultation with the | 3170 |
| tax commissioner and in accordance with Chapter 119. of the | 3171 |
| Revised Code, shall adopt rules necessary to implement this | 3172 |
| section. The rules may provide for recipients of tax credits under | 3173 |
| this section to be charged fees to cover administrative costs of | 3174 |
| the tax credit program. The fees collected shall be credited to | 3175 |
| the tax incentive programs operating fund created in section | 3176 |
| 122.174 of the Revised Code. At the time the director gives public | 3177 |
| notice under division (A) of section 119.03 of the Revised Code of | 3178 |
| the adoption of the rules, the director shall submit copies of the | 3179 |
| proposed rules to the chairpersons of the standing committees on | 3180 |
| economic development in the senate and the house of | 3181 |
| representatives. | 3182 |
| (L) On or before the thirty-first day of March of each year, | 3183 |
| the director of development shall submit a report to the governor, | 3184 |
| the president of the senate, and the speaker of the house of | 3185 |
| representatives on the tax credit program under this section. The | 3186 |
| report shall include information on the number of agreements that | 3187 |
| were entered into under this section during the preceding calendar | 3188 |
| year, a description of the project that is the subject of each | 3189 |
| such agreement, and an update on the status of projects under | 3190 |
| agreements entered into before the preceding calendar year. | 3191 |
| (M)(1) A nonrefundable credit shall be allowed to an | 3192 |
| applicable corporation and its related members in an amount equal | 3193 |
| to the applicable difference. The credit is in addition to the | 3194 |
| credit granted to the corporation or related members under | 3195 |
| division (B) of this section. The credit is subject to divisions | 3196 |
| (B) to (E) and division (J) of this section. | 3197 |
| (2) A person qualifying as an applicable corporation under | 3198 |
| this section for a tax year does not necessarily qualify as an | 3199 |
| applicable corporation for any other tax year. No person is | 3200 |
| entitled to the credit allowed under division (M) of this section | 3201 |
| for the tax year immediately following the taxable year during | 3202 |
| which the person fails to meet the requirements in divisions | 3203 |
| (A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled | 3204 |
| to the credit allowed under division (M) of this section for any | 3205 |
| tax year for which the person is not eligible for the credit | 3206 |
| provided under division (B) of this section. | 3207 |
| Sec. 122.174. There is hereby created in the state treasury | 3208 |
| the tax incentive programs operating fund. Money collected | 3209 |
| pursuant to division (I) of section 121.17, division (K) of | 3210 |
| section 122.171, division (C) of section 3735.672, and division | 3211 |
| (C) of section 5709.68 of the Revised Code shall be credited to | 3212 |
| the fund. The director of development shall use money in the fund | 3213 |
| to pay expenses related to the administration of the tax credit | 3214 |
| programs authorized by sections 122.17, 122.171, 3735.672, and | 3215 |
| 5709.68 of the Revised Code. | 3216 |
| Sec. 122.602. (A) There is hereby created in the department | 3217 |
| of development the capital access loan program to assist | 3218 |
| participating financial institutions in making program loans to | 3219 |
| eligible businesses that face barriers in accessing working | 3220 |
| capital and obtaining fixed asset financing. In administering the | 3221 |
| program, the director of development may do any of the following: | 3222 |
| (1) Receive and accept grants, gifts, and contributions of | 3223 |
| money, property, labor, and other things of value to be held, | 3224 |
| used, and applied only for the purpose for which the grants, | 3225 |
| gifts, and contributions are made, from individuals, private and | 3226 |
| public corporations, the United States or any agency of the United | 3227 |
| States, the state or any agency of the state, or any political | 3228 |
| subdivision of the state; | 3229 |
| (2) Agree to repay any contribution of money or return any | 3230 |
| property contributed or the value of that property at the times, | 3231 |
| in the amounts, and on the terms and conditions, excluding the | 3232 |
| payment of interest, that the director consents to at the time a | 3233 |
| contribution is made; and evidence obligations by notes, bonds, or | 3234 |
| other written instruments; | 3235 |
| (3) Adopt rules under Chapter 119. of the Revised Code to | 3236 |
| carry out the purposes of the program specified in sections 122.60 | 3237 |
| to 122.605 of the Revised Code; | 3238 |
| (4) Engage in all other acts, and enter into contracts and | 3239 |
| execute all instruments, necessary or appropriate to carry out the | 3240 |
| purposes specified in sections 122.60 to 122.605 of the Revised | 3241 |
| Code. | 3242 |
| (B) The director shall determine the eligibility of a | 3243 |
| financial institution to participate in the program and may set a | 3244 |
| limit on the number of financial institutions that may participate | 3245 |
| in the program. | 3246 |
| (C) To be considered eligible by the director to participate | 3247 |
| in the program, a financial institution shall enter into a | 3248 |
| participation agreement with the department that sets out the | 3249 |
| terms and conditions under which the department will deposit | 3250 |
| moneys from the fund into the financial institution's program | 3251 |
| reserve account, specifies the criteria for loan qualification | 3252 |
| under the program, and contains any additional terms the director | 3253 |
| considers necessary. | 3254 |
| (D) After receiving the certification required under division | 3255 |
| (C) of section 122.603 of the Revised Code, the director may | 3256 |
| disburse moneys from the fund to a participating financial | 3257 |
| institution for deposit in its program reserve account if the | 3258 |
| director determines that the capital access loan involved meets | 3259 |
| all of the following criteria: | 3260 |
| (1) It will be made to an eligible business. | 3261 |
| (2) It will be used by the eligible business for a project, | 3262 |
| activity, or enterprise that fosters economic development. | 3263 |
| (3) It will not be made in order to enroll in the program | 3264 |
| prior debt that is not covered under the program and that is owed | 3265 |
| or was previously owed by an eligible business to the financial | 3266 |
| institution. | 3267 |
| (4) It will not be utilized for a project or development | 3268 |
| related to the on-site construction or purchase of residential | 3269 |
| housing. | 3270 |
| (5) It will not be used to finance passive real estate | 3271 |
| ownership. | 3272 |
| (6) It conforms to the requirements of divisions (E), (F), | 3273 |
| (G), (H), and (I) of this section, and to the rules adopted by the | 3274 |
| director under division (A)(3) of this section. | 3275 |
| (E) The director shall not approve a capital access loan to | 3276 |
| an eligible business that exceeds two hundred fifty thousand | 3277 |
| dollars for working capital or five hundred thousand dollars for | 3278 |
| the purchase of fixed assets. An eligible business may apply for | 3279 |
| the maximum amount of both working capital and the purchase of | 3280 |
| fixed assets in the same capital access loan. | 3281 |
| (F) A financial institution may apply to the director for the | 3282 |
| approval of a capital access loan to any business that is owned or | 3283 |
| operated by a person that has previously defaulted under any state | 3284 |
| financial assistance program. | 3285 |
| (G) Eligible businesses that apply for a capital access loan | 3286 |
| shall comply with section 9.66 of the Revised Code. | 3287 |
| (H) A financial institution may apply to the director for the | 3288 |
| approval of a capital access loan that refinances a nonprogram | 3289 |
| loan made by another financial institution. | 3290 |
| (I) The director shall not approve a capital access loan that | 3291 |
| refinances a nonprogram loan made by the same financial | 3292 |
| institution, unless the amount of the refinanced loan exceeds the | 3293 |
| existing debt, in which case only the amount exceeding the | 3294 |
| existing debt is eligible for a loan under the program. | 3295 |
| | 3296 |
| 3297 | |
| 3298 |
| Sec. 124.152. (A)(1) Except as provided in divisions (A)(2) | 3299 |
| and (3) of this section, each exempt employee shall be paid a | 3300 |
| salary or wage in accordance with schedule E-1 or schedule E-2 of | 3301 |
| division (B), (C), or (D) of this section, as applicable. | 3302 |
| (2) Each exempt employee who holds a position in the | 3303 |
| unclassified civil service pursuant to division (A)(26) or (30) of | 3304 |
| section 124.11 of the Revised Code may be paid a salary or wage in | 3305 |
| accordance with schedule E-1, schedule E-1 for step seven only, or | 3306 |
| schedule E-2 of division (B) | 3307 |
| this section, as applicable. | 3308 |
| (3)(a) Except as provided in division (A)(3)(b) of this | 3309 |
| section, each exempt employee who was paid a salary or wage at | 3310 |
| step 7 in the employee's pay range on June 28, 2003, in accordance | 3311 |
| with the applicable schedule E-1 of former section 124.152 of the | 3312 |
| Revised Code and who continued to be so paid on June 29, 2003, | 3313 |
| shall be paid a salary or wage in the corresponding pay range in | 3314 |
| schedule E-1 for step seven only of division | 3315 |
| of this section, as applicable, for as long as the employee | 3316 |
| remains in the position the employee held as of July 1, 2003. | 3317 |
| (b) Except as provided in division (A)(3)(c) of this section, | 3318 |
| if an exempt employee who is being paid a salary or wage in | 3319 |
| accordance with schedule E-1 for step seven only of division | 3320 |
| 3321 | |
| another position, the employee shall not receive a salary or wage | 3322 |
| for that position or any other position in the future in | 3323 |
| accordance with that schedule. | 3324 |
| (c) If an exempt employee who is being paid a salary or wage | 3325 |
| in accordance with schedule E-1 for step seven only of division | 3326 |
| 3327 | |
| another position assigned to pay range 12 or above, the appointing | 3328 |
| authority | 3329 |
| a salary or wage in the appropriate pay range for that position in | 3330 |
| accordance with the applicable schedule E-1 for step seven only, | 3331 |
| provided that the appointing authority so notifies the director of | 3332 |
| administrative services in writing at the time the employee is | 3333 |
| appointed to that position. | 3334 |
| (B) Beginning on the first day of the pay period that | 3335 |
| includes July 1, 2006, each exempt employee who must be paid in | 3336 |
| accordance with schedule E-1 or schedule E-2 of this section shall | 3337 |
| be paid a salary or wage in accordance with the following schedule | 3338 |
| of rates: | 3339 |
| Schedule E-1 | 3340 |
| 3341 |
| Step | Step | Step | Step | Step | Step | 3342 | |||||
| Range | 1 | 2 | 3 | 4 | 5 | 6 | 3343 | ||||
| 1 | Hourly | 9.40 | 9.82 | 10.24 | 10.68 | 3344 | |||||
| Annually | 19552 | 20426 | 21299 | 22214 | 3345 | ||||||
| 2 | Hourly | 11.40 | 11.88 | 12.40 | 12.94 | 3346 | |||||
| Annually | 23712 | 24710 | 25792 | 26915 | 3347 | ||||||
| 3 | Hourly | 11.94 | 12.48 | 13.03 | 13.60 | 3348 | |||||
| Annually | 24835 | 25958 | 27102 | 28288 | 3349 | ||||||
| 4 | Hourly | 12.54 | 13.10 | 13.72 | 14.34 | 3350 | |||||
| Annually | 26083 | 27248 | 28538 | 29827 | 3351 | ||||||
| 5 | Hourly | 13.15 | 13.75 | 14.34 | 14.97 | 3352 | |||||
| Annually | 27352 | 28600 | 29827 | 31138 | 3353 | ||||||
| 6 | Hourly | 13.86 | 14.43 | 15.07 | 15.69 | 3354 | |||||
| Annually | 28829 | 30014 | 31346 | 32635 | 3355 | ||||||
| 7 | Hourly | 14.72 | 15.27 | 15.88 | 16.44 | 17.08 | 3356 | ||||
| Annually | 30618 | 31762 | 33030 | 34195 | 35526 | 3357 | |||||
| 8 | Hourly | 15.56 | 16.24 | 16.95 | 17.71 | 18.46 | 3358 | ||||
| Annually | 32365 | 33779 | 35256 | 36837 | 38397 | 3359 | |||||
| 9 | Hourly | 16.60 | 17.46 | 18.32 | 19.23 | 20.21 | 3360 | ||||
| Annually | 34528 | 36317 | 38106 | 39998 | 42037 | 3361 | |||||
| 10 | Hourly | 17.91 | 18.89 | 19.90 | 21.05 | 22.18 | 3362 | ||||
| Annually | 37253 | 39291 | 41392 | 43784 | 46134 | 3363 | |||||
| 11 | Hourly | 19.50 | 20.64 | 21.84 | 23.06 | 24.38 | 3364 | ||||
| Annually | 40560 | 42931 | 45427 | 47965 | 50710 | 3365 | |||||
| 12 | Hourly | 21.51 | 22.72 | 23.94 | 25.27 | 26.68 | 28.13 | 3366 | |||
| Annually | 44741 | 47258 | 49795 | 52562 | 55494 | 58510 | 3367 | ||||
| 13 | Hourly | 23.71 | 25.01 | 26.39 | 27.80 | 29.36 | 30.96 | 3368 | |||
| Annually | 49317 | 52021 | 54891 | 57824 | 61069 | 64397 | 3369 | ||||
| 14 | Hourly | 26.08 | 27.55 | 29.03 | 30.62 | 32.35 | 34.15 | 3370 | |||
| Annually | 54246 | 57304 | 60382 | 63690 | 67288 | 71032 | 3371 | ||||
| 15 | Hourly | 28.64 | 30.25 | 31.96 | 33.72 | 35.59 | 37.55 | 3372 | |||
| Annually | 59571 | 62920 | 66477 | 70138 | 74027 | 78104 | 3373 | ||||
| 16 | Hourly | 31.58 | 33.33 | 35.17 | 37.14 | 39.19 | 41.43 | 3374 | |||
| Annually | 65686 | 69326 | 73154 | 77251 | 81515 | 86174 | 3375 | ||||
| 17 | Hourly | 34.80 | 36.72 | 38.78 | 40.92 | 43.20 | 45.61 | 3376 | |||
| Annually | 72384 | 76378 | 80662 | 85114 | 89856 | 94869 | 3377 | ||||
| 18 | Hourly | 38.35 | 40.47 | 42.75 | 45.10 | 47.60 | 50.26 | 3378 | |||
| Annually | 79768 | 84178 | 88920 | 93808 | 99008 | 104541 | 3379 |
| Schedule E-2 | 3380 |
| Range | Minimum | Maximum | 3381 | |||||
| 41 | Hourly | 16.23 | 34.77 | 3382 | ||||
| Annually | 33758 | 72322 | 3383 | |||||
| 42 | Hourly | 17.89 | 38.41 | 3384 | ||||
| Annually | 37211 | 79893 | 3385 | |||||
| 43 | Hourly | 19.70 | 42.30 | 3386 | ||||
| Annually | 40976 | 87984 | 3387 | |||||
| 44 | Hourly | 21.73 | 46.21 | 3388 | ||||
| Annually | 45198 | 96117 | 3389 | |||||
| 45 | Hourly | 24.01 | 50.44 | 3390 | ||||
| Annually | 49941 | 104915 | 3391 | |||||
| 46 | Hourly | 26.43 | 55.13 | 3392 | ||||
| Annually | 54974 | 114670 | 3393 | |||||
| 47 | Hourly | 29.14 | 60.16 | 3394 | ||||
| Annually | 60611 | 125133 | 3395 | |||||
| 48 | Hourly | 32.14 | 65.65 | 3396 | ||||
| Annually | 66851 | 136552 | 3397 | |||||
| 49 | Hourly | 35.44 | 70.89 | 3398 | ||||
| Annually | 73715 | 147451 | 3399 |
| (C) Beginning on the first day of the pay period that | 3400 |
| includes July 1, 2007, each exempt employee who must be paid in | 3401 |
| accordance with schedule E-1 or schedule E-2 of this section shall | 3402 |
| be paid a salary or wage in accordance with the following schedule | 3403 |
| of rates: | 3404 |
| Step | Step | Step | Step | Step | Step | 3405 | |||||
| Range | 1 | 2 | 3 | 4 | 5 | 6 | 3406 | ||||
| 1 | Hourly | 9.73 | 10.16 | 10.60 | 11.05 | 3407 | |||||
| Annually | 20238 | 21133 | 22048 | 22984 | 3408 | ||||||
| 2 | Hourly | 11.80 | 12.30 | 12.83 | 13.39 | 3409 | |||||
| Annually | 24544 | 25584 | 26686 | 27851 | 3410 | ||||||
| 3 | Hourly | 12.36 | 12.92 | 13.49 | 14.08 | 3411 | |||||
| Annually | 25709 | 26874 | 28059 | 29286 | 3412 | ||||||
| 4 | Hourly | 12.98 | 13.56 | 14.20 | 14.84 | 3413 | |||||
| Annually | 26998 | 28205 | 29536 | 30867 | 3414 | ||||||
| 5 | Hourly | 13.61 | 14.23 | 14.84 | 15.49 | 3415 | |||||
| Annually | 28309 | 29598 | 30867 | 32219 | 3416 | ||||||
| 6 | Hourly | 14.35 | 14.94 | 15.60 | 16.24 | 3417 | |||||
| Annually | 29848 | 31075 | 32448 | 33779 | 3418 | ||||||
| 7 | Hourly | 15.24 | 15.80 | 16.44 | 17.02 | 17.68 | 3419 | ||||
| Annually | 31699 | 32864 | 34195 | 35402 | 36774 | 3420 | |||||
| 8 | Hourly | 16.10 | 16.81 | 17.54 | 18.33 | 19.11 | 3421 | ||||
| Annually | 33488 | 34965 | 36483 | 38126 | 39749 | 3422 | |||||
| 9 | Hourly | 17.18 | 18.07 | 18.96 | 19.90 | 20.92 | 3423 | ||||
| Annually | 35734 | 37586 | 39437 | 41392 | 43514 | 3424 | |||||
| 10 | Hourly | 18.54 | 19.55 | 20.60 | 21.79 | 22.96 | 3425 | ||||
| Annually | 38563 | 40664 | 42848 | 45323 | 47757 | 3426 | |||||
| 11 | Hourly | 20.18 | 21.36 | 22.60 | 23.87 | 25.23 | 3427 | ||||
| Annually | 41974 | 44429 | 47008 | 49650 | 52478 | 3428 | |||||
| 12 | Hourly | 22.26 | 23.52 | 24.78 | 26.15 | 27.61 | 29.11 | 3429 | |||
| Annually | 46301 | 48922 | 51542 | 54392 | 57429 | 60549 | 3430 | ||||
| 13 | Hourly | 24.54 | 25.89 | 27.31 | 28.77 | 30.39 | 32.04 | 3431 | |||
| Annually | 51043 | 53851 | 56805 | 59842 | 63211 | 66643 | 3432 | ||||
| 14 | Hourly | 26.99 | 28.51 | 30.05 | 31.69 | 33.48 | 35.35 | 3433 | |||
| Annually | 56139 | 59301 | 62504 | 65915 | 69638 | 73528 | 3434 | ||||
| 15 | Hourly | 29.64 | 31.31 | 33.08 | 34.90 | 36.84 | 38.86 | 3435 | |||
| Annually | 61651 | 65125 | 68806 | 72592 | 76627 | 80829 | 3436 | ||||
| 16 | Hourly | 32.69 | 34.50 | 36.40 | 38.44 | 40.56 | 42.88 | 3437 | |||
| Annually | 67995 | 71760 | 75712 | 79955 | 84365 | 89190 | 3438 | ||||
| 17 | Hourly | 36.02 | 38.01 | 40.14 | 42.35 | 44.71 | 47.21 | 3439 | |||
| Annually | 74922 | 79061 | 83491 | 88088 | 92997 | 98197 | 3440 | ||||
| 18 | Hourly | 39.69 | 41.89 | 44.25 | 46.68 | 49.27 | 52.02 | 3441 | |||
| Annually | 82555 | 87131 | 92040 | 97094 | 102482 | 108202 | 3442 |
| Range | Minimum | Maximum | 3444 | |||||
| 41 | Hourly | 16.23 | 35.99 | 3445 | ||||
| Annually | 33758 | 74859 | 3446 | |||||
| 42 | Hourly | 17.89 | 39.75 | 3447 | ||||
| Annually | 37211 | 82680 | 3448 | |||||
| 43 | Hourly | 19.70 | 43.78 | 3449 | ||||
| Annually | 40976 | 91062 | 3450 | |||||
| 44 | Hourly | 21.73 | 47.83 | 3451 | ||||
| Annually | 45198 | 99486 | 3452 | |||||
| 45 | Hourly | 24.01 | 52.21 | 3453 | ||||
| Annually | 49941 | 108597 | 3454 | |||||
| 46 | Hourly | 26.43 | 57.06 | 3455 | ||||
| Annually | 54974 | 118685 | 3456 | |||||
| 47 | Hourly | 29.14 | 62.27 | 3457 | ||||
| Annually | 60611 | 129522 | 3458 | |||||
| 48 | Hourly | 32.14 | 67.95 | 3459 | ||||
| Annually | 66851 | 141336 | 3460 | |||||
| 49 | Hourly | 35.44 | 73.37 | 3461 | ||||
| Annually | 73715 | 152610 | 3462 |
| (D) Beginning on the first day of the pay period that | 3463 |
| includes July 1, 2008, each exempt employee who must be paid in | 3464 |
| accordance with schedule E-1 or schedule E-2 of this section shall | 3465 |
| be paid a salary or wage in accordance with the following schedule | 3466 |
| of rates: | 3467 |
| Step | Step | Step | Step | Step | Step | 3468 | |||||
| Range | 1 | 2 | 3 | 4 | 5 | 6 | 3469 | ||||
| 1 | Hourly | 10.07 | 10.52 | 10.97 | 11.44 | 3470 | |||||
| Annually | 20946 | 21882 | 22818 | 23795 | 3471 | ||||||
| 2 | Hourly | 12.21 | 12.73 | 13.28 | 13.86 | 3472 | |||||
| Annually | 25397 | 26478 | 27622 | 28829 | 3473 | ||||||
| 3 | Hourly | 12.79 | 13.37 | 13.96 | 14.57 | 3474 | |||||
| Annually | 26603 | 27810 | 29037 | 30306 | 3475 | ||||||
| 4 | Hourly | 13.43 | 14.03 | 14.70 | 15.36 | 3476 | |||||
| Annually | 27934 | 29182 | 30576 | 31949 | 3477 | ||||||
| 5 | Hourly | 14.09 | 14.73 | 15.36 | 16.03 | 3478 | |||||
| Annually | 29307 | 30638 | 31949 | 33342 | 3479 | ||||||
| 6 | Hourly | 14.85 | 15.46 | 16.15 | 16.81 | 3480 | |||||
| Annually | 30888 | 32157 | 33592 | 34965 | 3481 | ||||||
| 7 | Hourly | 15.77 | 16.35 | 17.02 | 17.62 | 18.30 | 3482 | ||||
| Annually | 32802 | 34008 | 35402 | 36650 | 38064 | 3483 | |||||
| 8 | Hourly | 16.66 | 17.40 | 18.15 | 18.97 | 19.78 | 3484 | ||||
| Annually | 34653 | 36192 | 37752 | 39458 | 41142 | 3485 | |||||
| 9 | Hourly | 17.78 | 18.70 | 19.62 | 20.60 | 21.65 | 3486 | ||||
| Annually | 36982 | 38896 | 40810 | 42848 | 45032 | 3487 | |||||
| 10 | Hourly | 19.19 | 20.23 | 21.32 | 22.55 | 23.76 | 3488 | ||||
| Annually | 39915 | 42078 | 44346 | 46904 | 49421 | 3489 | |||||
| 11 | Hourly | 20.89 | 22.11 | 23.39 | 24.71 | 26.11 | 3490 | ||||
| Annually | 43451 | 45989 | 48651 | 51397 | 54309 | 3491 | |||||
| 12 | Hourly | 23.04 | 24.34 | 25.65 | 27.07 | 28.58 | 30.13 | 3492 | |||
| Annually | 47923 | 50627 | 53352 | 56306 | 59446 | 62670 | 3493 | ||||
| 13 | Hourly | 25.40 | 26.80 | 28.27 | 29.78 | 31.45 | 33.16 | 3494 | |||
| Annually | 52832 | 55744 | 58802 | 61942 | 65416 | 68973 | 3495 | ||||
| 14 | Hourly | 27.93 | 29.51 | 31.10 | 32.80 | 34.65 | 36.59 | 3496 | |||
| Annually | 58094 | 61381 | 64688 | 68224 | 72072 | 76107 | 3497 | ||||
| 15 | Hourly | 30.68 | 32.41 | 34.24 | 36.12 | 38.13 | 40.22 | 3498 | |||
| Annually | 63814 | 67413 | 71219 | 75130 | 79310 | 83658 | 3499 | ||||
| 16 | Hourly | 33.83 | 35.71 | 37.67 | 39.79 | 41.98 | 44.38 | 3500 | |||
| Annually | 70366 | 74277 | 78354 | 82763 | 87318 | 92310 | 3501 | ||||
| 17 | Hourly | 37.28 | 39.34 | 41.54 | 43.83 | 46.27 | 48.86 | 3502 | |||
| Annually | 77542 | 81827 | 86403 | 91166 | 96242 | 101629 | 3503 | ||||
| 18 | Hourly | 41.08 | 43.36 | 45.80 | 48.31 | 50.99 | 53.84 | 3504 | |||
| Annually | 85446 | 90189 | 95264 | 100485 | 106059 | 111987 | 3505 |
| Range | Minimum | Maximum | 3507 | |||||
| 41 | Hourly | 16.23 | 37.25 | 3508 | ||||
| Annually | 33758 | 77480 | 3509 | |||||
| 42 | Hourly | 17.89 | 41.14 | 3510 | ||||
| Annually | 37211 | 85571 | 3511 | |||||
| 43 | Hourly | 19.70 | 45.31 | 3512 | ||||
| Annually | 40976 | 94245 | 3513 | |||||
| 44 | Hourly | 21.73 | 49.50 | 3514 | ||||
| Annually | 45198 | 102960 | 3515 | |||||
| 45 | Hourly | 24.01 | 54.04 | 3516 | ||||
| Annually | 49941 | 112403 | 3517 | |||||
| 46 | Hourly | 26.43 | 59.06 | 3518 | ||||
| Annually | 54974 | 122845 | 3519 | |||||
| 47 | Hourly | 29.14 | 64.45 | 3520 | ||||
| Annually | 60611 | 134056 | 3521 | |||||
| 48 | Hourly | 32.14 | 70.33 | 3522 | ||||
| Annually | 66851 | 146286 | 3523 | |||||
| 49 | Hourly | 35.44 | 75.94 | 3524 | ||||
| Annually | 73715 | 157955 | 3525 |
| (E) Beginning on the first day of the pay period that | 3526 |
| includes July 1, 2006, each exempt employee who must be paid in | 3527 |
| accordance with schedule E-1 for step seven only shall be paid a | 3528 |
| salary or wage in accordance with the following schedule of rates: | 3529 |
| Schedule E-1 for Step Seven Only | 3530 |
| 3531 |
| Range | 3532 | |||||||
| 12 | Hourly | 29.68 | 3533 | |||||
| Annually | 61734 | 3534 | ||||||
| 13 | Hourly | 32.66 | 3535 | |||||
| Annually | 67933 | 3536 | ||||||
| 14 | Hourly | 36.01 | 3537 | |||||
| Annually | 74901 | 3538 | ||||||
| 15 | Hourly | 39.61 | 3539 | |||||
| Annually | 82389 | 3540 | ||||||
| 16 | Hourly | 43.70 | 3541 | |||||
| Annually | 90896 | 3542 | ||||||
| 17 | Hourly | 48.13 | 3543 | |||||
| Annually | 100110 | 3544 | ||||||
| 18 | Hourly | 53.02 | 3545 | |||||
| Annually | 110282 | 3546 |
| | 3547 |
| includes July 1, 2007, each exempt employee who must be paid in | 3548 |
| accordance with schedule E-1 for step seven only shall be paid a | 3549 |
| salary or wage in accordance with the following schedule of rates: | 3550 |
| Range | 3551 | |||||||
| 12 | Hourly | 30.72 | 3552 | |||||
| Annually | 63898 | 3553 | ||||||
| 13 | Hourly | 33.80 | 3554 | |||||
| Annually | 70304 | 3555 | ||||||
| 14 | Hourly | 37.27 | 3556 | |||||
| Annually | 77522 | 3557 | ||||||
| 15 | Hourly | 41.00 | 3558 | |||||
| Annually | 85280 | 3559 | ||||||
| 16 | Hourly | 45.23 | 3560 | |||||
| Annually | 94078 | 3561 | ||||||
| 17 | Hourly | 49.81 | 3562 | |||||
| Annually | 103605 | 3563 | ||||||
| 18 | Hourly | 54.88 | 3564 | |||||
| Annually | 114150 | 3565 |
| (G) Beginning on the first day of the pay period that | 3566 |
| includes July 1, 2008, each exempt employee who must be paid in | 3567 |
| accordance with salary schedule E-1 for step seven only shall be | 3568 |
| paid a salary or wage in accordance with the following schedule of | 3569 |
| rates: | 3570 |
| Range | 3571 | |||||||
| 12 | Hourly | 31.80 | 3572 | |||||
| Annually | 66144 | 3573 | ||||||
| 13 | Hourly | 34.98 | 3574 | |||||
| Annually | 72758 | 3575 | ||||||
| 14 | Hourly | 38.57 | 3576 | |||||
| Annually | 80226 | 3577 | ||||||
| 15 | Hourly | 42.44 | 3578 | |||||
| Annually | 88275 | 3579 | ||||||
| 16 | Hourly | 46.81 | 3580 | |||||
| Annually | 97365 | 3581 | ||||||
| 17 | Hourly | 51.55 | 3582 | |||||
| Annually | 107224 | 3583 | ||||||
| 18 | Hourly | 56.80 | 3584 | |||||
| Annually | 118144 | 3585 |
| (H) As used in this section, "exempt employee" means a | 3586 |
| permanent full-time or permanent part-time employee paid directly | 3587 |
| by warrant of the director of budget and management whose position | 3588 |
| is included in the job classification plan established under | 3589 |
| division (A) of section 124.14 of the Revised Code but who is not | 3590 |
| considered a public employee for the purposes of Chapter 4117. of | 3591 |
| the Revised Code. As used in this section, "exempt employee" also | 3592 |
| includes a permanent full-time or permanent part-time employee of | 3593 |
| the secretary of state, auditor of state, treasurer of state, or | 3594 |
| attorney general who has not been placed in an appropriate | 3595 |
| bargaining unit by the state employment relations board. | 3596 |
| Sec. 125.45. The department of administrative services shall | 3597 |
| maintain facilities to perform office reproduction services for | 3598 |
| all boards, commissions, or departments except for the bureau of | 3599 |
| workers' compensation. Upon written application to the department | 3600 |
| of administrative services, permission may be granted to a board, | 3601 |
| commission, or department to perform such services outside the | 3602 |
| central facility and such permission shall state the extent of the | 3603 |
| services which the department, board, or commission shall perform. | 3604 |
| Office reproduction services using stencils, masters, or | 3605 |
| plates are restricted to duplicating equipment not larger than | 3606 |
| seventeen by twenty-two inches. Not to exceed five thousand press | 3607 |
| impressions shall be produced of any such order except that up to | 3608 |
| one thousand production copies may be produced of any item | 3609 |
| consisting of multiple pages and except that over five thousand, | 3610 |
| but not more than ten thousand, press impressions may be produced | 3611 |
| if the director of administrative services determines that there | 3612 |
| is an emergency due to the timing of service delivery or another | 3613 |
| factor that may cause financial hardship to the state. | 3614 |
| Nothing in this section precludes the bureau from entering | 3615 |
| into a contract with the department of administrative services for | 3616 |
| the department to perform office reproduction services for the | 3617 |
| bureau. | 3618 |
| | 3619 |
| than the department of administrative services, shall perform | 3620 |
| printing or office reproduction services for political | 3621 |
| subdivisions. | 3622 |
| Sec. 125.93. The state forms management program shall do | 3623 |
| each of the following: | 3624 |
| (A) Assist state agencies in establishing internal forms | 3625 |
| management capabilities; | 3626 |
| (B) | 3627 |
| 3628 | |
| 3629 |
| | 3630 |
| | 3631 |
| forms management representatives in forms management techniques, | 3632 |
| and provide direct forms management assistance to new state | 3633 |
|
agencies as they are created | 3634 |
| | 3635 |
| 3636 | |
| 3637 | |
| 3638 |
| Sec. 125.96. The director of administrative services may | 3639 |
| adopt, amend, or rescind rules necessary to carry out the powers | 3640 |
| and duties imposed upon the state forms management program and | 3641 |
| state agencies by sections 125.92 to 125.98 of the Revised Code. | 3642 |
| 3643 | |
| 3644 |
| | 3645 |
| 3646 | |
| 3647 | |
| 3648 | |
| 3649 | |
| 3650 |
| | 3651 |
| 3652 | |
| 3653 | |
| 3654 |
| | 3655 |
| 3656 | |
| 3657 | |
| 3658 | |
| 3659 |
| Sec. 125.97. All forms | 3660 |
| 3661 | |
| information from private business, agriculture, or local | 3662 |
| governments, except those forms used by the tax commissioner for | 3663 |
| administration of taxes and programs, shall contain a conspicuous | 3664 |
| notice on the first page setting forth the authorization for the | 3665 |
| form and stating whether providing the information sought is | 3666 |
| required or voluntary, and any penalties that apply to failure to | 3667 |
| provide the information. | 3668 |
| Sec. 125.98. (A) Each state agency shall appoint a forms | 3669 |
| management representative, who may be from existing personnel. The | 3670 |
| appointee shall cooperate with, and provide other necessary | 3671 |
| assistance to, the director of administrative services and the | 3672 |
| state forms management program in implementing the program. A | 3673 |
| forms management representative shall do all of the following: | 3674 |
| (1) Manage the agency's forms management program and | 3675 |
| cooperate with and provide other necessary assistance to the | 3676 |
| director of administrative services in implementing the state | 3677 |
| forms management program; | 3678 |
| (2) Monitor the use and reproduction of all forms to ensure | 3679 |
| that all policies, procedures, guidelines, and standards | 3680 |
| established by the agency and the director of administrative | 3681 |
| services are followed; | 3682 |
| (3) | 3683 |
| 3684 | |
| 3685 |
| | 3686 |
| 3687 |
| | 3688 |
| forms in the agency's central forms repository database. | 3689 |
| (B) Any state agency, as defined in section 1.60 of the | 3690 |
| Revised Code, not included within the definition of a state agency | 3691 |
| in section 125.91 of the Revised Code may elect to participate in | 3692 |
| the state forms management program. The program may provide to any | 3693 |
| such agency any service required or authorized by sections 125.92 | 3694 |
| to 125.98 of the Revised Code to be performed for a state agency. | 3695 |
| Sec. 126.04. Funds appropriated for purposes of fulfilling | 3696 |
| the state's obligations under the consent order filed March 5, | 3697 |
| 2007, in Martin v. Strickland, Case No. 89-CV-00362, in the United | 3698 |
| States district court for the southern district of Ohio, eastern | 3699 |
| division, shall be in an appropriation item that authorizes | 3700 |
| expenditures only for purposes of fulfilling the state's | 3701 |
| obligations under the consent order. | 3702 |
| Sec. 126.07. | 3703 |
| section 126.21 of the Revised Code, no contract, agreement, or | 3704 |
| obligation involving the expenditure of money chargeable to an | 3705 |
| appropriation, nor any resolution or order for the expenditure of | 3706 |
| money chargeable to an appropriation, shall be valid and | 3707 |
| enforceable unless the director of budget and management first | 3708 |
| certifies that there is a balance in the appropriation not already | 3709 |
| obligated to pay existing obligations, in an amount at least equal | 3710 |
| to the portion of the contract, agreement, obligation, resolution, | 3711 |
| or order to be performed in the current fiscal year. Any written | 3712 |
| contract or agreement entered into by the state shall contain a | 3713 |
| clause stating that the obligations of the state are subject to | 3714 |
| this section. | 3715 |
| The chief administrative officer of a state agency is | 3716 |
| responsible for the preaudit and approval of expenditures and | 3717 |
| other transactions of the agency. In order to | 3718 |
| making of a payment from the state treasury, the person in a state | 3719 |
| agency who requests that the payment be made shall first submit to | 3720 |
| the | 3721 |
| invoices, claims,
vouchers, and other | 3722 |
| documentation related to the payment.
| 3723 |
| 3724 | |
| 3725 | |
| officer shall examine each voucher and all other documentation | 3726 |
| required to support the voucher and determine whether they meet | 3727 |
| all the requirements established by the director of budget and | 3728 |
| management for making the payment. If they do meet those | 3729 |
| requirements, the chief administrative officer shall certify to | 3730 |
| the director the approval of the chief administrative officer for | 3731 |
| payment. | 3732 |
| Prior to drawing a warrant as provided in section 126.35 of | 3733 |
| the Revised Code, the director may review and audit the voucher, | 3734 |
| any documentation accompanying the voucher, and any other | 3735 |
| documentation related to the transaction that the director may | 3736 |
| require to determine if the transaction is in accordance with law. | 3737 |
| The director shall not approve payment to be made if the director | 3738 |
| finds that there is not an unobligated balance in the | 3739 |
| appropriation for the payment, that the payment is not for a valid | 3740 |
| claim against the state that is legally due, or that insufficient | 3741 |
| 3742 | |
| director does not approve payment, the director shall notify the | 3743 |
| agency of the reasons the director has not given approval. | 3744 |
| In approving payments to be made under this section, the | 3745 |
| director, upon receipt of certification from the director of job | 3746 |
| and family services pursuant to section 4141.231 of the Revised | 3747 |
| Code, shall withhold from amounts otherwise payable to a person | 3748 |
| who is the subject of the director of jobs and family services' | 3749 |
| certification, the amount certified to be due and unpaid to the | 3750 |
| director of job and family services, and shall approve for payment | 3751 |
| to the director of job and family services, the amount withheld. | 3752 |
| As used in this section and in section 126.21 of the Revised | 3753 |
| Code, "chief administrative officer" means either of the | 3754 |
| following: | 3755 |
| (A) The director of the agency or, in the case of a state | 3756 |
| agency without a director, the equivalent officer of that agency; | 3757 |
| (B) The designee of the chief administrative officer for the | 3758 |
| purposes of such sections. | 3759 |
| Sec. 126.08. The director of budget and management may | 3760 |
| exercise control over the financial transactions of state | 3761 |
| agencies, including approving, disapproving, voiding, or | 3762 |
| invalidating encumbrances or transactions, except those in the | 3763 |
| judicial and legislative branches, by: | 3764 |
| (A) Requiring encumbrancing documents or any other financial | 3765 |
| information to be submitted to the director | 3766 |
| 3767 | |
| 3768 | |
|
expenditure, | 3769 |
| 3770 | |
| encumbrancing document submitted by the attorney general, auditor | 3771 |
| of state, secretary of state, or treasurer of state unless there | 3772 |
| is an insufficient unobligated balance in the appropriation or the | 3773 |
| encumbrance does not meet all other legal requirements. Those | 3774 |
| portions of an appropriation that are encumbered are not available | 3775 |
| for expenditure for any purpose other than that indicated on the | 3776 |
| encumbrancing document. If any requirements of the director | 3777 |
| regarding the submission of encumbrancing documents or other | 3778 |
| financial information are not complied with, or if any | 3779 |
| encumbrancing document is disapproved in whole or in part, the | 3780 |
| director shall notify the submitting agency thereof and shall not | 3781 |
| authorize payment unless the reasons for disapproval are | 3782 |
| corrected. | 3783 |
| (B) Requiring the allocation and allotment of any | 3784 |
| appropriation by quarter or by any other period of time. | 3785 |
| (C) Reporting to the attorney general for such action, civil | 3786 |
| or criminal, as the attorney general considers necessary, all | 3787 |
| facts showing improper payment of public money or misappropriation | 3788 |
| of public property; | 3789 |
| (D) By adopting rules for carrying into effect any powers | 3790 |
| granted by this chapter. | 3791 |
| Sec. 126.16. (A) This section is in implementation of | 3792 |
| division (D) of Section 17 of Article VIII, Ohio Constitution, for | 3793 |
| purposes of issuing direct obligations of the state subject to | 3794 |
| that section. | 3795 |
| (B) For purposes of the computation of debt service under | 3796 |
| Section 17 of Article VIII, Ohio Constitution, there shall be | 3797 |
| included debt service payable on bonds that are direct obligations | 3798 |
| of the state issued under Article VIII, Ohio Constitution, and on | 3799 |
| those bonds anticipated by bond anticipation notes, to the extent | 3800 |
| that debt service on those bonds is anticipated to be paid from | 3801 |
| the state general revenue fund or net state lottery proceeds. | 3802 |
| Examples of bonds the debt service on which is not anticipated to | 3803 |
| be paid from either of those sources are bonds of the state issued | 3804 |
| for highway purposes pursuant to Section 2i or 2m of Article VIII, | 3805 |
| Ohio Constitution, which, although general obligations of the | 3806 |
| state, have been and are anticipated to be paid from highway user | 3807 |
| receipts and not from the general revenue fund or net state | 3808 |
| lottery proceeds. | 3809 |
| (C) If there is no separate constitutional or statutory | 3810 |
| provision applicable for the purpose, debt service on bonds | 3811 |
| anticipated by bond anticipation notes shall be estimated as | 3812 |
| provided in division (C) of this section. That amount, to be | 3813 |
| certified either by the issuing authority of the particular notes | 3814 |
| or by the governor or the governor's designee pursuant to division | 3815 |
| (E) of this section, shall be the estimated amount that would have | 3816 |
| been payable on bonds maturing serially in each fiscal year after | 3817 |
| the fiscal year of the issuance of the notes over the maximum | 3818 |
| period of maturity for the bonds authorized in the particular | 3819 |
| governing constitutional or statutory provision, as if those bonds | 3820 |
| had been issued without the prior issuance of the notes, and | 3821 |
| computed on a substantially level debt service basis applying an | 3822 |
| interest rate or rates certified to be market rates at the time of | 3823 |
| issuance of the notes. | 3824 |
| (D) In the case of bonds issued to refund or retire bonds, | 3825 |
| the debt service on the new bonds shall be counted and the debt | 3826 |
| service on the bonds being refunded or retired shall not be | 3827 |
| counted. | 3828 |
| (E) The governor, or the governor's designee for the purpose, | 3829 |
| shall determine and certify the fiscal year amounts required to be | 3830 |
| applied or set aside for payment of debt service, including debt | 3831 |
| service on any variable rate bonds, the securities to which that | 3832 |
| debt service relates, the total office of budget and management | 3833 |
| estimated revenues of the state for the general revenue fund and | 3834 |
| from net state lottery proceeds during the particular fiscal year, | 3835 |
| and any other financial data necessary or appropriate for the | 3836 |
| purpose of the computations under division (A) of Section 17 of | 3837 |
| Article VIII, Ohio Constitution, and this section. Those | 3838 |
| determinations and certifications shall be filed with the director | 3839 |
| of budget and management, the treasurer of state, and the issuing | 3840 |
| authority for the particular obligations, at or prior to the time | 3841 |
| those securities are issued. The governor's designee for the | 3842 |
| purpose may be the director or assistant director of budget and | 3843 |
| management, or any employee or official of the governor's office. | 3844 |
| (F) For purposes of this section, "securities," "interest or | 3845 |
| interest equivalent," and "outstanding" have the same meanings as | 3846 |
| in section 133.01 of the Revised Code, and "debt service" means | 3847 |
| principal, including any mandatory sinking fund deposits and | 3848 |
| mandatory redemption payments, and interest or interest equivalent | 3849 |
| payable on securities, as those payments are stated to come due | 3850 |
| and to be payable. | 3851 |
| (G)(1) As used in this division, "avoided obligations" means | 3852 |
| direct obligations of the state that are not issued because the | 3853 |
| capital facilities they would have financed are instead paid for | 3854 |
| with the proceeds of obligations issued under division (C) of | 3855 |
| section 183.51 of the Revised Code. | 3856 |
| (2) For purposes of computing the limitation on issuing | 3857 |
| direct obligations of the state under this section and Section 17 | 3858 |
| of Article VIII, Ohio Constitution, any avoided obligations shall | 3859 |
| be considered as having been issued. The fiscal year amounts that | 3860 |
| would have been required to be applied or set aside for payment of | 3861 |
| debt service over the maximum period of maturity of the avoided | 3862 |
| obligations had the avoided obligations been issued shall be | 3863 |
| included in the computations. | 3864 |
| Sec. 126.21. (A) The director of budget and management shall | 3865 |
| do all of the following: | 3866 |
| (1) Keep all necessary accounting records; | 3867 |
| (2) Prescribe and maintain the accounting system of the state | 3868 |
| and establish appropriate accounting procedures and charts of | 3869 |
| accounts; | 3870 |
| (3) Establish procedures for the use of written, electronic, | 3871 |
| optical, or other communications media for approving and reviewing | 3872 |
| payment vouchers; | 3873 |
| (4) Reconcile, in the case of any variation between the | 3874 |
| amount of any appropriation and the aggregate amount of items of | 3875 |
| the appropriation, with the advice and assistance of the state | 3876 |
| agency affected by it and the legislative service commission, | 3877 |
| totals so as to correspond in the aggregate with the total | 3878 |
| appropriation. In the case of a conflict between the item and the | 3879 |
| total of which it is a part, the item shall be considered the | 3880 |
| intended appropriation. | 3881 |
| (5) Evaluate on an ongoing basis and, if necessary, recommend | 3882 |
| improvements to the internal controls used in state agencies; | 3883 |
| (6) Authorize the establishment of petty cash accounts. The | 3884 |
|
director | 3885 |
| petty cash account and require the officer in charge to return to | 3886 |
| the state treasury any unexpended balance shown by the officer's | 3887 |
| accounts to be on hand. Any officer who is issued a warrant for | 3888 |
| petty cash shall render a detailed account of the expenditures of | 3889 |
| the petty cash and shall report when requested the balance of | 3890 |
| petty cash on hand at any time. | 3891 |
| (7) Process orders, invoices, vouchers, claims, and payrolls | 3892 |
| and prepare financial reports and statements; | 3893 |
| (8) Perform extensions, reviews, and compliance checks prior | 3894 |
| to or after approving a payment as the director considers | 3895 |
| necessary; | 3896 |
| (9) Issue the official comprehensive annual financial report | 3897 |
| of the state. The report shall cover all funds of the state | 3898 |
| reporting entity and shall include basic financial statements and | 3899 |
| required supplementary information prepared in accordance with | 3900 |
| generally accepted accounting principles and other information as | 3901 |
| the director provides. All state agencies, authorities, | 3902 |
| institutions, offices, retirement systems, and other component | 3903 |
| units of the state reporting entity as determined by the director | 3904 |
| shall furnish the director whatever financial statements and other | 3905 |
| information the director requests for the report, in the form, at | 3906 |
| the times, covering the periods, and with the attestation the | 3907 |
| director prescribes. The information for state institutions of | 3908 |
| higher education, as defined in section 3345.011 of the Revised | 3909 |
|
Code, shall be submitted to the
| 3910 |
| board of regents. The board shall establish a due date by which | 3911 |
| each such institution shall submit the information to the board, | 3912 |
| but no such date shall be later than one hundred twenty days after | 3913 |
| the end of the state fiscal year unless a later date is approved | 3914 |
| by the director. | 3915 |
| (B) In addition to the director's duties under division (A) | 3916 |
|
of this section, the director | 3917 |
| establish and administer one or more state payment card programs | 3918 |
| that permit or require state agencies to use a payment card to | 3919 |
| purchase equipment, materials, supplies, or services in accordance | 3920 |
| with guidelines issued by the director. The chief administrative | 3921 |
| officer of a state agency that uses a payment card for such | 3922 |
| purposes shall ensure that purchases made with the card are made | 3923 |
| in accordance with the guidelines issued by the director and do | 3924 |
| not exceed the unexpended, unencumbered, unobligated balance in | 3925 |
| the appropriation to be charged for the purchase. State agencies | 3926 |
| may | 3927 |
| that the director establishes pursuant to this section. | 3928 |
| (C) In addition to the director's duties under divisions (A) | 3929 |
| and (B) of this section, the director may enter into any contract | 3930 |
| or agreement necessary for and incidental to the performance of | 3931 |
| the director's duties or the duties of the office of budget and | 3932 |
| management. | 3933 |
| Sec. 126.22. The director of budget and management may: | 3934 |
| (A) Perform accounting services for and design and implement | 3935 |
| accounting systems with state agencies; | 3936 |
| (B) Provide other accounting services, including the | 3937 |
| maintenance and periodic auditing of the financial records of and | 3938 |
| submission of vouchers by state agencies, provision of assistance | 3939 |
| in the analysis of the financial position of state agencies, and | 3940 |
| preparation and submission of reports; | 3941 |
| (C) Change any accounting code appearing in appropriations | 3942 |
| acts of the general assembly. | 3943 |
| Sec. 126.24. The OAKS support organization fund is hereby | 3944 |
| created in the state treasury for the purpose of paying the | 3945 |
| operating expenses of the state's enterprise resource planning | 3946 |
| system. The fund shall consist of cash transfers from the | 3947 |
| accounting and budgeting fund and the human resources services | 3948 |
| fund, and other revenues designated to support the operating costs | 3949 |
| of the Ohio administrative knowledge system. All investment | 3950 |
| earnings of the fund shall be credited to the fund. | 3951 |
| Sec. 126.40. There is hereby created in the state treasury | 3952 |
| the forgery recovery fund. The fund shall consist of all moneys | 3953 |
| collected by the attorney general from the resolution of cases of | 3954 |
| fraud or forgery involving warrants issued by the director of the | 3955 |
| office of budget and management. The director shall use the fund | 3956 |
| to pay costs associated with the reissue of state warrants to | 3957 |
| payees whose warrants were fraudulently redeemed. | 3958 |
| Sec. 127.14. The controlling board may, at the request of | 3959 |
| any state agency or the director of budget and management, | 3960 |
| authorize, with respect to the provisions of any appropriation | 3961 |
| act: | 3962 |
| (A) Transfers of all or part of an appropriation within but | 3963 |
| not between state agencies, except such transfers as the director | 3964 |
| of budget and management is authorized by law to make, provided | 3965 |
| that no transfer shall be made by the director for the purpose of | 3966 |
| effecting new or changed levels of program service not authorized | 3967 |
| by the general assembly; | 3968 |
| (B) Transfers of all or part of an appropriation from one | 3969 |
| fiscal year to another; | 3970 |
| (C) Transfers of all or part of an appropriation within or | 3971 |
| between state agencies made necessary by administrative | 3972 |
| reorganization or by the abolition of an agency or part of an | 3973 |
| agency; | 3974 |
| (D) Transfers of all or part of cash balances in excess of | 3975 |
| needs from any fund of the state to the general revenue fund or to | 3976 |
| such other fund of the state to which the money would have been | 3977 |
| credited in the absence of the fund from which the transfers are | 3978 |
| authorized to be made, except that the controlling board may not | 3979 |
| authorize such transfers from the accrued leave liability fund, | 3980 |
| auto registration distribution fund, budget stabilization fund, | 3981 |
| development bond retirement fund, facilities establishment fund, | 3982 |
| gasoline excise tax fund, general revenue fund, higher education | 3983 |
| improvement fund, highway improvement bond retirement fund, | 3984 |
| highway obligations bond retirement fund, highway capital | 3985 |
| improvement fund, highway operating fund, horse racing tax fund, | 3986 |
| improvements bond retirement fund, | 3987 |
| 3988 | |
| communities fund, local transportation improvement program fund, | 3989 |
| mental health facilities improvement fund, Ohio fairs fund, parks | 3990 |
| and recreation improvement fund, public improvements bond | 3991 |
| retirement fund, school district income tax fund, state agency | 3992 |
| facilities improvement fund, state and local government highway | 3993 |
| distribution fund, state highway safety fund, state lottery fund, | 3994 |
| undivided liquor permit fund, Vietnam conflict compensation bond | 3995 |
| retirement fund, volunteer fire fighters' dependents fund, | 3996 |
| waterways safety fund, wildlife fund, workers' compensation fund, | 3997 |
| or any fund not specified in this division that the director of | 3998 |
| budget and management determines to be a bond fund or bond | 3999 |
| retirement fund; | 4000 |
| (E) Transfers of all or part of those appropriations included | 4001 |
| in the emergency purposes account of the controlling board; | 4002 |
| (F) Temporary transfers of all or part of an appropriation or | 4003 |
| other moneys into and between existing funds, or new funds, as may | 4004 |
| be established by law when needed for capital outlays for which | 4005 |
| notes or bonds will be issued; | 4006 |
| (G) Transfer or release of all or part of an appropriation to | 4007 |
| a state agency requiring controlling board approval of such | 4008 |
| transfer or release as provided by law; | 4009 |
| (H) Temporary transfer of funds included in the emergency | 4010 |
| purposes appropriation of the controlling board. Such temporary | 4011 |
| transfers may be made subject to conditions specified by the | 4012 |
| controlling board at the time temporary transfers are authorized. | 4013 |
| No transfers shall be made under this division for the purpose of | 4014 |
| effecting new or changed levels of program service not authorized | 4015 |
| by the general assembly. | 4016 |
| As used in this section, "request" means an application by a | 4017 |
| state agency or the director of budget and management seeking some | 4018 |
| action by the controlling board. | 4019 |
| When authorizing the transfer of all or part of an | 4020 |
| appropriation under this section, the controlling board may | 4021 |
| authorize the transfer to an existing appropriation item and the | 4022 |
| creation of and transfer to a new appropriation item. | 4023 |
| Whenever there is a transfer of all or part of funds included | 4024 |
| in the emergency purposes appropriation by the controlling board, | 4025 |
| pursuant to division (E) of this section, the state agency or the | 4026 |
| director of budget and management receiving such transfer shall | 4027 |
| keep a detailed record of the use of the transferred funds. At the | 4028 |
| earliest scheduled meeting of the controlling board following the | 4029 |
| accomplishment of the purposes specified in the request originally | 4030 |
| seeking the transfer, or following the total expenditure of the | 4031 |
| transferred funds for the specified purposes, the state agency or | 4032 |
| the director of budget and management shall submit a report on the | 4033 |
| expenditure of such funds to the board. The portion of any | 4034 |
| appropriation so transferred which is not required to accomplish | 4035 |
| the purposes designated in the original request to the controlling | 4036 |
| board shall be returned to the proper appropriation of the | 4037 |
| controlling board at this time. | 4038 |
| Notwithstanding any provisions of law providing for the | 4039 |
| deposit of revenues received by a state agency to the credit of a | 4040 |
| particular fund in the state treasury, whenever there is a | 4041 |
| temporary transfer of funds included in the emergency purposes | 4042 |
| appropriation of the controlling board pursuant to division (H) of | 4043 |
| this section, revenues received by any state agency receiving such | 4044 |
| a temporary transfer of funds shall, as directed by the | 4045 |
| controlling board, be transferred back to the emergency purposes | 4046 |
| appropriation. | 4047 |
| The board may delegate to the director of budget and | 4048 |
| management authority to approve transfers among items of | 4049 |
| appropriation under division (A) of this section. | 4050 |
| Sec. 127.16. (A) Upon the request of either a state agency | 4051 |
| or the director of budget and management and after the controlling | 4052 |
| board determines that an emergency or a sufficient economic reason | 4053 |
| exists, the controlling board may approve the making of a purchase | 4054 |
| without competitive selection as provided in division (B) of this | 4055 |
| section. | 4056 |
| (B) Except as otherwise provided in this section, no state | 4057 |
| agency, using money that has been appropriated to it directly, | 4058 |
| shall: | 4059 |
| (1) Make any purchase from a particular supplier, that would | 4060 |
| amount to fifty thousand dollars or more when combined with both | 4061 |
| the amount of all disbursements to the supplier during the fiscal | 4062 |
| year for purchases made by the agency and the amount of all | 4063 |
| outstanding encumbrances for purchases made by the agency from the | 4064 |
| supplier, unless the purchase is made by competitive selection or | 4065 |
| with the approval of the controlling board; | 4066 |
| (2) Lease real estate from a particular supplier, if the | 4067 |
| lease would amount to seventy-five thousand dollars or more when | 4068 |
| combined with both the amount of all disbursements to the supplier | 4069 |
| during the fiscal year for real estate leases made by the agency | 4070 |
| and the amount of all outstanding encumbrances for real estate | 4071 |
| leases made by the agency from the supplier, unless the lease is | 4072 |
| made by competitive selection or with the approval of the | 4073 |
| controlling board. | 4074 |
| (C) Any person who authorizes a purchase in violation of | 4075 |
| division (B) of this section shall be liable to the state for any | 4076 |
| state funds spent on the purchase, and the attorney general shall | 4077 |
| collect the amount from the person. | 4078 |
| (D) Nothing in division (B) of this section shall be | 4079 |
| construed as: | 4080 |
| (1) A limitation upon the authority of the director of | 4081 |
| transportation as granted in sections 5501.17, 5517.02, and | 4082 |
| 5525.14 of the Revised Code; | 4083 |
| (2) Applying to medicaid provider agreements under Chapter | 4084 |
| 5111. of the Revised Code or payments or provider agreements under | 4085 |
| the disability medical assistance program established under | 4086 |
| Chapter 5115. of the Revised Code; | 4087 |
| (3) Applying to the purchase of examinations from a sole | 4088 |
| supplier by a state licensing board under Title XLVII of the | 4089 |
| Revised Code; | 4090 |
| (4) Applying to entertainment contracts for the Ohio state | 4091 |
| fair entered into by the Ohio expositions commission, provided | 4092 |
| that the controlling board has given its approval to the | 4093 |
| commission to enter into such contracts and has approved a total | 4094 |
| budget amount for such contracts as agreed upon by commission | 4095 |
| action, and that the commission causes to be kept itemized records | 4096 |
| of the amounts of money spent under each contract and annually | 4097 |
| files those records with the clerk of the house of representatives | 4098 |
| and the clerk of the senate following the close of the fair; | 4099 |
| (5) Limiting the authority of the chief of the division of | 4100 |
| mineral resources management to contract for reclamation work with | 4101 |
| an operator mining adjacent land as provided in section 1513.27 of | 4102 |
| the Revised Code; | 4103 |
| (6) Applying to investment transactions and procedures of any | 4104 |
| state agency, except that the agency shall file with the board the | 4105 |
| name of any person with whom the agency contracts to make, broker, | 4106 |
| service, or otherwise manage its investments, as well as the | 4107 |
| commission, rate, or schedule of charges of such person with | 4108 |
| respect to any investment transactions to be undertaken on behalf | 4109 |
| of the agency. The filing shall be in a form and at such times as | 4110 |
| the board considers appropriate. | 4111 |
| (7) Applying to purchases made with money for the per cent | 4112 |
| for arts program established by section 3379.10 of the Revised | 4113 |
| Code; | 4114 |
| (8) Applying to purchases made by the rehabilitation services | 4115 |
| commission of services, or supplies, that are provided to persons | 4116 |
| with disabilities, or to purchases made by the commission in | 4117 |
| connection with the eligibility determinations it makes for | 4118 |
| applicants of programs administered by the social security | 4119 |
| administration; | 4120 |
| (9) Applying to payments by the department of job and family | 4121 |
| services under section 5111.13 of the Revised Code for group | 4122 |
| health plan premiums, deductibles, coinsurance, and other | 4123 |
| cost-sharing expenses; | 4124 |
| (10) Applying to any agency of the legislative branch of the | 4125 |
| state government; | 4126 |
| (11) Applying to agreements or contracts entered into under | 4127 |
| section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the | 4128 |
| Revised Code; | 4129 |
| (12) Applying to purchases of services by the adult parole | 4130 |
| authority under section 2967.14 of the Revised Code or by the | 4131 |
| department of youth services under section 5139.08 of the Revised | 4132 |
| Code; | 4133 |
| (13) Applying to dues or fees paid for membership in an | 4134 |
| organization or association; | 4135 |
| (14) Applying to purchases of utility services pursuant to | 4136 |
| section 9.30 of the Revised Code; | 4137 |
| (15) Applying to purchases made in accordance with rules | 4138 |
| adopted by the department of administrative services of motor | 4139 |
| vehicle, aviation, or watercraft fuel, or emergency repairs of | 4140 |
| such vehicles; | 4141 |
| (16) Applying to purchases of tickets for passenger air | 4142 |
| transportation; | 4143 |
| (17) Applying to purchases necessary to provide public | 4144 |
| notifications required by law or to provide notifications of job | 4145 |
| openings; | 4146 |
| (18) Applying to the judicial branch of state government; | 4147 |
| (19) Applying to purchases of liquor for resale by the | 4148 |
| division of liquor control; | 4149 |
| (20) Applying to purchases of motor courier and freight | 4150 |
| services made in accordance with department of administrative | 4151 |
| services rules; | 4152 |
| (21) Applying to purchases from the United States postal | 4153 |
| service and purchases of stamps and postal meter replenishment | 4154 |
| from vendors at rates established by the United States postal | 4155 |
| service; | 4156 |
| (22) Applying to purchases of books, periodicals, pamphlets, | 4157 |
| newspapers, maintenance subscriptions, and other published | 4158 |
| materials; | 4159 |
| (23) Applying to purchases from other state agencies, | 4160 |
| including state-assisted institutions of higher education; | 4161 |
| (24) Limiting the authority of the director of environmental | 4162 |
| protection to enter into contracts under division (D) of section | 4163 |
| 3745.14 of the Revised Code to conduct compliance reviews, as | 4164 |
| defined in division (A) of that section; | 4165 |
| (25) Applying to purchases from a qualified nonprofit agency | 4166 |
| pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of | 4167 |
| the Revised Code; | 4168 |
| (26) Applying to payments by the department of job and family | 4169 |
| services to the United States department of health and human | 4170 |
| services for printing and mailing notices pertaining to the tax | 4171 |
| refund offset program of the internal revenue service of the | 4172 |
| United States department of the treasury; | 4173 |
| (27) Applying to contracts entered into by the department of | 4174 |
|
mental retardation and developmental disabilities under
| 4175 |
| section 5123.18 | 4176 |
| (28) Applying to payments made by the department of mental | 4177 |
| health under a physician recruitment program authorized by section | 4178 |
| 5119.101 of the Revised Code; | 4179 |
| (29) Applying to contracts entered into with persons by the | 4180 |
| director of commerce for unclaimed funds collection and remittance | 4181 |
| efforts as provided in division (F) of section 169.03 of the | 4182 |
| Revised Code. The director shall keep an itemized accounting of | 4183 |
| unclaimed funds collected by those persons and amounts paid to | 4184 |
| them for their services. | 4185 |
| (30) Applying to purchases made by a state institution of | 4186 |
| higher education in accordance with the terms of a contract | 4187 |
| between the vendor and an inter-university purchasing group | 4188 |
| comprised of purchasing officers of state institutions of higher | 4189 |
| education; | 4190 |
| (31) Applying to the department of job and family services' | 4191 |
| purchases of health assistance services under the children's | 4192 |
| health insurance program part I provided for under section 5101.50 | 4193 |
| of the Revised Code or the children's health insurance program | 4194 |
| part II provided for under section 5101.51 of the Revised Code; | 4195 |
| (32) Applying to payments by the attorney general from the | 4196 |
| reparations fund to hospitals and other emergency medical | 4197 |
| facilities for performing medical examinations to collect physical | 4198 |
| evidence pursuant to section 2907.28 of the Revised Code; | 4199 |
| (33) Applying to contracts with a contracting authority or | 4200 |
| administrative receiver under division (B) of section 5126.056 of | 4201 |
| the Revised Code; | 4202 |
| (34) Applying to reimbursements paid to the United States | 4203 |
| department of veterans affairs for pharmaceutical and patient | 4204 |
| supply purchases made on behalf of the Ohio veterans' home agency; | 4205 |
| (35) Applying to agreements entered into with terminal | 4206 |
| distributors of dangerous drugs under section 5110.20 of the | 4207 |
| Revised Code. | 4208 |
| (E) Notwithstanding division (B)(1) of this section, the | 4209 |
| cumulative purchase threshold shall be seventy-five thousand | 4210 |
| dollars for the departments of mental retardation and | 4211 |
| developmental disabilities, mental health, rehabilitation and | 4212 |
| correction, and youth services. | 4213 |
| (F) When determining whether a state agency has reached the | 4214 |
| cumulative purchase thresholds established in divisions (B)(1), | 4215 |
| (B)(2), and (E) of this section, all of the following purchases by | 4216 |
| such agency shall not be considered: | 4217 |
| (1) Purchases made through competitive selection or with | 4218 |
| controlling board approval; | 4219 |
| (2) Purchases listed in division (D) of this section; | 4220 |
| (3) For the purposes of the thresholds of divisions (B)(1) | 4221 |
| and (E) of this section only, leases of real estate. | 4222 |
| (G) As used in this section, "competitive selection," | 4223 |
| "purchase," "supplies," and "services" have the same meanings as | 4224 |
| in section 125.01 of the Revised Code. | 4225 |
| Sec. 131.44. (A) As used in this section: | 4226 |
| (1) "Surplus revenue" means the excess, if any, of the total | 4227 |
| fund balance over the required year-end balance. | 4228 |
| (2) "Total fund balance" means the sum of the unencumbered | 4229 |
| balance in the general revenue fund on the last day of the | 4230 |
| preceding fiscal year plus the balance in the budget stabilization | 4231 |
| fund. | 4232 |
| (3) "Required year-end balance" means the sum of the | 4233 |
| following: | 4234 |
| (a) Five per cent of the general revenue fund revenues for | 4235 |
| the preceding fiscal year; | 4236 |
| (b) "Ending fund balance," which means one-half of one per | 4237 |
| cent of general revenue fund revenues for the preceding fiscal | 4238 |
| year; | 4239 |
| (c) "Carryover balance," which means, with respect to a | 4240 |
| fiscal biennium, the excess, if any, of the estimated general | 4241 |
| revenue fund appropriation and transfer requirement for the second | 4242 |
| fiscal year of the biennium over the estimated general revenue | 4243 |
| fund revenue for that fiscal year; | 4244 |
| (d) "Capital appropriation reserve," which means the amount, | 4245 |
| if any, of general revenue fund capital appropriations made for | 4246 |
| the current biennium that the director of budget and management | 4247 |
| has determined will be encumbered or disbursed; | 4248 |
| (e) "Income tax reduction impact reserve," which means an | 4249 |
| amount equal to the reduction projected by the director of budget | 4250 |
| and management in income tax revenue in the current fiscal year | 4251 |
| attributable to the previous reduction in the income tax rate made | 4252 |
| by the tax commissioner pursuant to division (B) of section | 4253 |
| 5747.02 of the Revised Code. | 4254 |
| (4) "Estimated general revenue fund appropriation and | 4255 |
| transfer requirement" means the most recent adjusted | 4256 |
| appropriations made by the general assembly from the general | 4257 |
| revenue fund and includes both of the following: | 4258 |
| (a) Appropriations made and transfers of appropriations from | 4259 |
| the first fiscal year to the second fiscal year of the biennium in | 4260 |
| provisions of acts of the general assembly signed by the governor | 4261 |
| but not yet effective; | 4262 |
| (b) Transfers of appropriation from the first fiscal year to | 4263 |
| the second fiscal year of the biennium approved by the controlling | 4264 |
| board. | 4265 |
| (5) "Estimated general revenue fund revenue" means the most | 4266 |
| recent such estimate available to the director of budget and | 4267 |
| management. | 4268 |
| (B)(1) Not later than the thirty-first day of July each year, | 4269 |
| the director of budget and management shall determine the surplus | 4270 |
| revenue that existed on the preceding thirtieth day of June and | 4271 |
| transfer from the general revenue fund, to the extent of the | 4272 |
| unobligated, unencumbered balance on the preceding thirtieth day | 4273 |
| of June in excess of one-half of one per cent of the general | 4274 |
| revenue fund revenues in the preceding fiscal year, the following: | 4275 |
| (a) First, to the budget stabilization fund, any amount | 4276 |
| necessary for the balance of the budget stabilization fund to | 4277 |
| equal five per cent of the general revenue fund revenues of the | 4278 |
| preceding fiscal year; | 4279 |
| (b) Then, to the income tax reduction fund, which is hereby | 4280 |
| created in the state treasury, an amount equal to the surplus | 4281 |
| revenue. | 4282 |
| (2) Not later than the thirty-first day of July each year, | 4283 |
| the director shall determine the percentage that the balance in | 4284 |
| the income tax reduction fund is of the amount of revenue that the | 4285 |
| director estimates will be received from the tax levied under | 4286 |
| section 5747.02 of the Revised Code in the current fiscal year | 4287 |
| without regard to any reduction under division (B) of that | 4288 |
| section. If that percentage exceeds thirty-five one hundredths of | 4289 |
| one per cent, the director shall certify the percentage to the tax | 4290 |
| commissioner not later than the thirty-first day of July. | 4291 |
| (C) The director of budget and management shall transfer | 4292 |
| money in the income tax reduction fund to the general revenue | 4293 |
| fund, the local | 4294 |
| local
| 4295 |
| 4296 | |
| resulting from the reductions in taxes required under division (B) | 4297 |
| of section 5747.02 of the Revised Code in the respective amounts | 4298 |
| and
percentages prescribed by | 4299 |
| 4300 | |
| of the Revised Code as if the amount transferred had been | 4301 |
| collected as taxes under Chapter 5747. of the Revised Code. If no | 4302 |
| reductions in taxes are made under that division that affect | 4303 |
| revenue received in the current fiscal year, the director shall | 4304 |
| not transfer money from the income tax reduction fund to the | 4305 |
| general revenue fund, the local | 4306 |
| the
| 4307 |
| 4308 |
| Sec. 131.51. (A) Beginning January 2008, on or before the | 4309 |
| fifth day of each month, the director of budget and management | 4310 |
| shall credit to the local communities fund, which is hereby | 4311 |
| created in the state treasury, three and sixty-eight one | 4312 |
| hundredths per cent of total tax revenue credited to the general | 4313 |
| revenue fund during the preceding month. In determining the total | 4314 |
| tax revenue credited to the general revenue fund during the | 4315 |
| preceding month, the director shall include amounts transferred | 4316 |
| from that fund during the preceding month pursuant to divisions | 4317 |
| (A) and (B) of this section. Money shall be distributed from the | 4318 |
| local communities fund as required under section 5747.50 of the | 4319 |
| Revised Code during the same month in which it is credited to the | 4320 |
| fund. | 4321 |
| (B) Beginning January 2008, on or before the fifth day of | 4322 |
| each month, the director of budget and management shall credit to | 4323 |
| the local libraries fund, which is hereby created in the state | 4324 |
| treasury, two and twenty-two one hundredths per cent of the total | 4325 |
| tax revenue credited to the general revenue fund during the | 4326 |
| preceding month. In determining the total tax revenue credited to | 4327 |
| the general revenue fund during the preceding month, the director | 4328 |
| shall include amounts transferred from that fund during the | 4329 |
| preceding month pursuant to divisions (A) and (B) of this section. | 4330 |
| Money shall be distributed from the local libraries fund as | 4331 |
| required under section 5747.47 of the Revised Code during the same | 4332 |
| month in which it is credited to the fund. | 4333 |
| (C) The director of budget and management shall develop a | 4334 |
| schedule identifying the specific tax revenue sources to be used | 4335 |
| to make the monthly transfers required under divisions (A) and (B) | 4336 |
| of this section. The director may, from time to time, revise the | 4337 |
| schedule as the director considers necessary. | 4338 |
| Sec. 133.01. As used in this chapter, in sections 9.95, | 4339 |
| 9.96, and 2151.655 of the Revised Code, in other sections of the | 4340 |
| Revised Code that make reference to this chapter unless the | 4341 |
| context does not permit, and in related proceedings, unless | 4342 |
| otherwise expressly provided: | 4343 |
| (A) "Acquisition" as applied to real or personal property | 4344 |
| includes, among other forms of acquisition, acquisition by | 4345 |
| exercise of a purchase option, and acquisition of interests in | 4346 |
| property, including, without limitation, easements and | 4347 |
| rights-of-way, and leasehold and other lease interests initially | 4348 |
| extending or extendable for a period of at least sixty months. | 4349 |
| (B) "Anticipatory securities" means securities, including | 4350 |
| notes, issued in anticipation of the issuance of other securities. | 4351 |
| (C) "Board of elections" means the county board of elections | 4352 |
| of the county in which the subdivision is located. If the | 4353 |
| subdivision is located in more than one county, "board of | 4354 |
| elections" means the county board of elections of the county that | 4355 |
| contains the largest portion of the population of the subdivision | 4356 |
| or that otherwise has jurisdiction in practice over and | 4357 |
| customarily handles election matters relating to the subdivision. | 4358 |
| (D) "Bond retirement fund" means the bond retirement fund | 4359 |
| provided for in section 5705.09 of the Revised Code, and also | 4360 |
| means a sinking fund or any other special fund, regardless of the | 4361 |
| name applied to it, established by or pursuant to law or the | 4362 |
| proceedings for the payment of debt charges. Provision may be made | 4363 |
| in the applicable proceedings for the establishment in a bond | 4364 |
| retirement fund of separate accounts relating to debt charges on | 4365 |
| particular securities, or on securities payable from the same or | 4366 |
| common sources, and for the application of moneys in those | 4367 |
| accounts only to specified debt charges on specified securities or | 4368 |
| categories of securities. Subject to law and any provisions in the | 4369 |
| applicable proceedings, moneys in a bond retirement fund or | 4370 |
| separate account in a bond retirement fund may be transferred to | 4371 |
| other funds and accounts. | 4372 |
| (E) "Capitalized interest" means all or a portion of the | 4373 |
| interest payable on securities from their date to a date stated or | 4374 |
| provided for in the applicable legislation, which interest is to | 4375 |
| be paid from the proceeds of the securities. | 4376 |
| (F) "Chapter 133. securities" means securities authorized by | 4377 |
| or issued pursuant to or in accordance with this chapter. | 4378 |
| (G) "County auditor" means the county auditor of the county | 4379 |
| in which the subdivision is located. If the subdivision is located | 4380 |
| in more than one county, "county auditor" means the county auditor | 4381 |
| of the county that contains the highest amount of the tax | 4382 |
| valuation of the subdivision or that otherwise has jurisdiction in | 4383 |
| practice over and customarily handles property tax matters | 4384 |
| relating to the subdivision. In the case of a county that has | 4385 |
| adopted a charter, "county auditor" means the officer who | 4386 |
| generally has the duties and functions provided in the Revised | 4387 |
| Code for a county auditor. | 4388 |
| (H) "Credit enhancement facilities" means letters of credit, | 4389 |
| lines of credit, stand-by, contingent, or firm securities purchase | 4390 |
| agreements, insurance, or surety arrangements, guarantees, and | 4391 |
| other arrangements that provide for direct or contingent payment | 4392 |
| of debt charges, for security or additional security in the event | 4393 |
| of nonpayment or default in respect of securities, or for making | 4394 |
| payment of debt charges to and at the option and on demand of | 4395 |
| securities holders or at the option of the issuer or upon certain | 4396 |
| conditions occurring under put or similar arrangements, or for | 4397 |
| otherwise supporting the credit or liquidity of the securities, | 4398 |
| and includes credit, reimbursement, marketing, remarketing, | 4399 |
| indexing, carrying, interest rate hedge, and subrogation | 4400 |
| agreements, and other agreements and arrangements for payment and | 4401 |
| reimbursement of the person providing the credit enhancement | 4402 |
| facility and the security for that payment and reimbursement. | 4403 |
| (I) "Current operating expenses" or "current expenses" means | 4404 |
| the lawful expenditures of a subdivision, except those for | 4405 |
| permanent improvements and for payments of debt charges of the | 4406 |
| subdivision. | 4407 |
| (J) "Debt charges" means the principal, including any | 4408 |
| mandatory sinking fund deposits and mandatory redemption payments, | 4409 |
| interest, and any redemption premium, payable on securities as | 4410 |
| those payments come due and are payable. The use of "debt charges" | 4411 |
| for this purpose does not imply that any particular securities | 4412 |
| constitute debt within the meaning of the Ohio Constitution or | 4413 |
| other laws. | 4414 |
| (K) "Financing costs" means all costs and expenses relating | 4415 |
| to the authorization, including any required election, issuance, | 4416 |
| sale, delivery, authentication, deposit, custody, clearing, | 4417 |
| registration, transfer, exchange, fractionalization, replacement, | 4418 |
| payment, and servicing of securities, including, without | 4419 |
| limitation, costs and expenses for or relating to publication and | 4420 |
| printing, postage, delivery, preliminary and final official | 4421 |
| statements, offering circulars, and informational statements, | 4422 |
| travel and transportation, underwriters, placement agents, | 4423 |
| investment bankers, paying agents, registrars, authenticating | 4424 |
| agents, remarketing agents, custodians, clearing agencies or | 4425 |
| corporations, securities depositories, financial advisory | 4426 |
| services, certifications, audits, federal or state regulatory | 4427 |
| agencies, accounting and computation services, legal services and | 4428 |
| obtaining approving legal opinions and other legal opinions, | 4429 |
| credit ratings, redemption premiums, and credit enhancement | 4430 |
| facilities. Financing costs may be paid from any moneys available | 4431 |
| for the purpose, including, unless otherwise provided in the | 4432 |
| proceedings, from the proceeds of the securities to which they | 4433 |
| relate and, as to future financing costs, from the same sources | 4434 |
| from which debt charges on the securities are paid and as though | 4435 |
| debt charges. | 4436 |
| (L) "Fiscal officer" means the following, or, in the case of | 4437 |
| absence or vacancy in the office, a deputy or assistant authorized | 4438 |
| by law or charter to act in the place of the named officer, or if | 4439 |
| there is no such authorization then the deputy or assistant | 4440 |
| authorized by legislation to act in the place of the named officer | 4441 |
| for purposes of this chapter, in the case of the following | 4442 |
| subdivisions: | 4443 |
| (1) A county, the county auditor; | 4444 |
| (2) A municipal corporation, the city auditor or village | 4445 |
| clerk or clerk-treasurer, or the officer who, by virtue of a | 4446 |
| charter, has the duties and functions provided in the Revised Code | 4447 |
| for the city auditor or village clerk or clerk-treasurer; | 4448 |
| (3) A school district, the treasurer of the board of | 4449 |
| education; | 4450 |
| (4) A regional water and sewer district, the secretary of the | 4451 |
| board of trustees; | 4452 |
| (5) A joint township hospital district, the treasurer of the | 4453 |
| district; | 4454 |
| (6) A joint ambulance district, the clerk of the board of | 4455 |
| trustees; | 4456 |
| (7) A joint recreation district, the person designated | 4457 |
| pursuant to section 755.15 of the Revised Code; | 4458 |
| (8) A detention facility district or a district organized | 4459 |
| under section 2151.65 of the Revised Code or a combined district | 4460 |
| organized under sections 2152.41 and 2151.65 of the Revised Code, | 4461 |
| the county auditor of the county designated by law to act as the | 4462 |
| auditor of the district; | 4463 |
| (9) A township, a fire district organized under division (C) | 4464 |
| of section 505.37 of the Revised Code, or a township police | 4465 |
| district, the fiscal officer of the township; | 4466 |
| (10) A joint fire district, the clerk of the board of | 4467 |
| trustees of that district; | 4468 |
| (11) A regional or county library district, the person | 4469 |
| responsible for the financial affairs of that district; | 4470 |
| (12) A joint solid waste management district, the fiscal | 4471 |
| officer appointed by the board of directors of the district under | 4472 |
| section 343.01 of the Revised Code; | 4473 |
| (13) A joint emergency medical services district, the person | 4474 |
| appointed as fiscal officer pursuant to division (D) of section | 4475 |
| 307.053 of the Revised Code; | 4476 |
| (14) A fire and ambulance district, the person appointed as | 4477 |
| fiscal officer under division (B) of section 505.375 of the | 4478 |
| Revised Code; | 4479 |
| (15) A subdivision described in division (MM)(17) of this | 4480 |
| section, the officer who is designated by law as or performs the | 4481 |
| functions of its chief fiscal officer. | 4482 |
| (M) "Fiscal year" has the same meaning as in section 9.34 of | 4483 |
| the Revised Code. | 4484 |
| (N) "Fractionalized interests in public obligations" means | 4485 |
| participations, certificates of participation, shares, or other | 4486 |
| instruments or agreements, separate from the public obligations | 4487 |
| themselves, evidencing ownership of interests in public | 4488 |
| obligations or of rights to receive payments of, or on account of, | 4489 |
| principal or interest or their equivalents payable by or on behalf | 4490 |
| of an obligor pursuant to public obligations. | 4491 |
| (O) "Fully registered securities" means securities in | 4492 |
| certificated or uncertificated form, registered as to both | 4493 |
| principal and interest in the name of the owner. | 4494 |
| (P) "Fund" means to provide for the payment of debt charges | 4495 |
| and expenses related to that payment at or prior to retirement by | 4496 |
| purchase, call for redemption, payment at maturity, or otherwise. | 4497 |
| (Q) "General obligation" means securities to the payment of | 4498 |
| debt charges on which the full faith and credit and the general | 4499 |
| property taxing power, including taxes within the tax limitation | 4500 |
| if available to the subdivision, of the subdivision are pledged. | 4501 |
| (R) "Interest" or "interest equivalent" means those payments | 4502 |
| or portions of payments, however denominated, that constitute or | 4503 |
| represent consideration for forbearing the collection of money, or | 4504 |
| for deferring the receipt of payment of money to a future time. | 4505 |
| (S) "Internal Revenue Code" means the "Internal Revenue Code | 4506 |
| of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and | 4507 |
| includes any laws of the United States providing for application | 4508 |
| of that code. | 4509 |
| (T) "Issuer" means any public issuer and any nonprofit | 4510 |
| corporation authorized to issue securities for or on behalf of any | 4511 |
| public issuer. | 4512 |
| (U) "Legislation" means an ordinance or resolution passed by | 4513 |
| a majority affirmative vote of the then members of the taxing | 4514 |
| authority unless a different vote is required by charter | 4515 |
| provisions governing the passage of the particular legislation by | 4516 |
| the taxing authority. | 4517 |
| (V) "Mandatory sinking fund redemption requirements" means | 4518 |
| amounts required by proceedings to be deposited in a bond | 4519 |
| retirement fund for the purpose of paying in any year or fiscal | 4520 |
| year by mandatory redemption prior to stated maturity the | 4521 |
| principal of securities that is due and payable, except for | 4522 |
| mandatory prior redemption requirements as provided in those | 4523 |
| proceedings, in a subsequent year or fiscal year. | 4524 |
| (W) "Mandatory sinking fund requirements" means amounts | 4525 |
| required by proceedings to be deposited in a year or fiscal year | 4526 |
| in a bond retirement fund for the purpose of paying the principal | 4527 |
| of securities that is due and payable in a subsequent year or | 4528 |
| fiscal year. | 4529 |
| (X) "Net indebtedness" has the same meaning as in division | 4530 |
| (A) of section 133.04 of the Revised Code. | 4531 |
| (Y) "Obligor," in the case of securities or fractionalized | 4532 |
| interests in public obligations issued by another person the debt | 4533 |
| charges or their equivalents on which are payable from payments | 4534 |
| made by a public issuer, means that public issuer. | 4535 |
| (Z) "One purpose" relating to permanent improvements means | 4536 |
| any one permanent improvement or group or category of permanent | 4537 |
| improvements for the same utility, enterprise, system, or project, | 4538 |
| development or redevelopment project, or for or devoted to the | 4539 |
| same general purpose, function, or use or for which | 4540 |
| self-supporting securities, based on the same or different sources | 4541 |
| of revenues, may be issued or for which special assessments may be | 4542 |
| levied by a single ordinance or resolution. "One purpose" | 4543 |
| includes, but is not limited to, in any case any off-street | 4544 |
| parking facilities relating to another permanent improvement, and: | 4545 |
| (1) Any number of roads, highways, streets, bridges, | 4546 |
| sidewalks, and viaducts; | 4547 |
| (2) Any number of off-street parking facilities; | 4548 |
| (3) In the case of a county, any number of permanent | 4549 |
| improvements for courthouse, jail, county offices, and other | 4550 |
| county buildings, and related facilities; | 4551 |
| (4) In the case of a school district, any number of | 4552 |
| facilities and buildings for school district purposes, and related | 4553 |
| facilities. | 4554 |
| (AA) "Outstanding," referring to securities, means securities | 4555 |
| that have been issued, delivered, and paid for, except any of the | 4556 |
| following: | 4557 |
| (1) Securities canceled upon surrender, exchange, or | 4558 |
| transfer, or upon payment or redemption; | 4559 |
| (2) Securities in replacement of which or in exchange for | 4560 |
| which other securities have been issued; | 4561 |
| (3) Securities for the payment, or redemption or purchase for | 4562 |
| cancellation prior to maturity, of which sufficient moneys or | 4563 |
| investments, in accordance with the applicable legislation or | 4564 |
| other proceedings or any applicable law, by mandatory sinking fund | 4565 |
| redemption requirements, mandatory sinking fund requirements, or | 4566 |
| otherwise, have been deposited, and credited for the purpose in a | 4567 |
| bond retirement fund or with a trustee or paying or escrow agent, | 4568 |
| whether at or prior to their maturity or redemption, and, in the | 4569 |
| case of securities to be redeemed prior to their stated maturity, | 4570 |
| notice of redemption has been given or satisfactory arrangements | 4571 |
| have been made for giving notice of that redemption, or waiver of | 4572 |
| that notice by or on behalf of the affected security holders has | 4573 |
| been filed with the subdivision or its agent for the purpose. | 4574 |
| (BB) "Paying agent" means the one or more banks, trust | 4575 |
| companies, or other financial institutions or qualified persons, | 4576 |
| including an appropriate office or officer of the subdivision, | 4577 |
| designated as a paying agent or place of payment of debt charges | 4578 |
| on the particular securities. | 4579 |
| (CC) "Permanent improvement" or "improvement" means any | 4580 |
| property, asset, or improvement certified by the fiscal officer, | 4581 |
| which certification is conclusive, as having an estimated life or | 4582 |
| period of usefulness of five years or more, and includes, but is | 4583 |
| not limited to, real estate, buildings, and personal property and | 4584 |
| interests in real estate, buildings, and personal property, | 4585 |
| equipment, furnishings, and site improvements, and reconstruction, | 4586 |
| rehabilitation, renovation, installation, improvement, | 4587 |
| enlargement, and extension of property, assets, or improvements so | 4588 |
| certified as having an estimated life or period of usefulness of | 4589 |
| five years or more. The acquisition of all the stock ownership of | 4590 |
| a corporation is the acquisition of a permanent improvement to the | 4591 |
| extent that the value of that stock is represented by permanent | 4592 |
| improvements. A permanent improvement for parking, highway, road, | 4593 |
| and street purposes includes resurfacing, but does not include | 4594 |
| ordinary repair. | 4595 |
| (DD) "Person" has the same meaning as in section 1.59 of the | 4596 |
| Revised Code and also includes any federal, state, interstate, | 4597 |
| regional, or local governmental agency, any subdivision, and any | 4598 |
| combination of those persons. | 4599 |
| (EE) "Proceedings" means the legislation, certifications, | 4600 |
| notices, orders, sale proceedings, trust agreement or indenture, | 4601 |
| mortgage, lease, lease-purchase agreement, assignment, credit | 4602 |
| enhancement facility agreements, and other agreements, | 4603 |
| instruments, and documents, as amended and supplemented, and any | 4604 |
| election proceedings, authorizing, or providing for the terms and | 4605 |
| conditions applicable to, or providing for the security or sale or | 4606 |
| award of, public obligations, and includes the provisions set | 4607 |
| forth or incorporated in those public obligations and proceedings. | 4608 |
| (FF) "Public issuer" means any of the following that is | 4609 |
| authorized by law to issue securities or enter into public | 4610 |
| obligations: | 4611 |
| (1) The state, including an agency, commission, officer, | 4612 |
| institution, board, authority, or other instrumentality of the | 4613 |
| state; | 4614 |
| (2) A taxing authority, subdivision, district, or other local | 4615 |
| public or governmental entity, and any combination or consortium, | 4616 |
| or public division, district, commission, authority, department, | 4617 |
| board, officer, or institution, thereof; | 4618 |
| (3) Any other body corporate and politic, or other public | 4619 |
| entity. | 4620 |
| (GG) "Public obligations" means both of the following: | 4621 |
| (1) Securities; | 4622 |
| (2) Obligations of a public issuer to make payments under | 4623 |
| installment sale, lease, lease purchase, or similar agreements, | 4624 |
| which obligations bear interest or interest equivalent. | 4625 |
| (HH) "Refund" means to fund and retire outstanding | 4626 |
| securities, including advance refunding with or without payment or | 4627 |
| redemption prior to maturity. | 4628 |
| (II) "Register" means the books kept and maintained by the | 4629 |
| registrar for registration, exchange, and transfer of registered | 4630 |
| securities. | 4631 |
| (JJ) "Registrar" means the person responsible for keeping the | 4632 |
| register for the particular registered securities, designated by | 4633 |
| or pursuant to the proceedings. | 4634 |
| (KK) "Securities" means bonds, notes, certificates of | 4635 |
| indebtedness, commercial paper, and other instruments in writing, | 4636 |
| including, unless the context does not admit, anticipatory | 4637 |
| securities, issued by an issuer to evidence its obligation to | 4638 |
| repay money borrowed, or to pay interest, by, or to pay at any | 4639 |
| future time other money obligations of, the issuer of the | 4640 |
| securities, but not including public obligations described in | 4641 |
| division (GG)(2) of this section. | 4642 |
| (LL) "Self-supporting securities" means securities or | 4643 |
| portions of securities issued for the purpose of paying costs of | 4644 |
| permanent improvements to the extent that receipts of the | 4645 |
| subdivision, other than the proceeds of taxes levied by that | 4646 |
| subdivision, derived from or with respect to the improvements or | 4647 |
| the operation of the improvements being financed, or the | 4648 |
| enterprise, system, project, or category of improvements of which | 4649 |
| the improvements being financed are part, are estimated by the | 4650 |
| fiscal officer to be sufficient to pay the current expenses of | 4651 |
| that operation or of those improvements or enterprise, system, | 4652 |
| project, or categories of improvements and the debt charges | 4653 |
| payable from those receipts on securities issued for the purpose. | 4654 |
| Until such time as the improvements or increases in rates and | 4655 |
| charges have been in operation or effect for a period of at least | 4656 |
| six months, the receipts therefrom, for purposes of this | 4657 |
| definition, shall be those estimated by the fiscal officer, except | 4658 |
| that those receipts may include, without limitation, payments made | 4659 |
| and to be made to the subdivision under leases or agreements in | 4660 |
| effect at the time the estimate is made. In the case of an | 4661 |
| operation, improvements, or enterprise, system, project, or | 4662 |
| category of improvements without at least a six-month history of | 4663 |
| receipts, the estimate of receipts by the fiscal officer, other | 4664 |
| than those to be derived under leases and agreements then in | 4665 |
| effect, shall be confirmed by the taxing authority. | 4666 |
| (MM) "Subdivision" means any of the following: | 4667 |
| (1) A county, including a county that has adopted a charter | 4668 |
| under Article X, Ohio Constitution; | 4669 |
| (2) A municipal corporation, including a municipal | 4670 |
| corporation that has adopted a charter under Article XVIII, Ohio | 4671 |
| Constitution; | 4672 |
| (3) A school district; | 4673 |
| (4) A regional water and sewer district organized under | 4674 |
| Chapter 6119. of the Revised Code; | 4675 |
| (5) A joint township hospital district organized under | 4676 |
| section 513.07 of the Revised Code; | 4677 |
| (6) A joint ambulance district organized under section 505.71 | 4678 |
| of the Revised Code; | 4679 |
| (7) A joint recreation district organized under division (C) | 4680 |
| of section 755.14 of the Revised Code; | 4681 |
| (8) A detention facility district organized under section | 4682 |
| 2152.41, a district organized under section 2151.65, or a combined | 4683 |
| district organized under sections 2152.41 and 2151.65 of the | 4684 |
| Revised Code; | 4685 |
| (9) A township police district organized under section 505.48 | 4686 |
| of the Revised Code; | 4687 |
| (10) A township; | 4688 |
| (11) A joint fire district organized under section 505.371 of | 4689 |
| the Revised Code; | 4690 |
| (12) A county library district created under section 3375.19 | 4691 |
| or a regional library district created under section 3375.28 of | 4692 |
| the Revised Code; | 4693 |
| (13) A joint solid waste management district organized under | 4694 |
| section 343.01 or 343.012 of the Revised Code; | 4695 |
| (14) A joint emergency medical services district organized | 4696 |
| under section 307.052 of the Revised Code; | 4697 |
| (15) A fire and ambulance district organized under section | 4698 |
| 505.375 of the Revised Code; | 4699 |
| (16) A fire district organized under division (C) of section | 4700 |
| 505.37 of the Revised Code; | 4701 |
| (17) Any other political subdivision or taxing district or | 4702 |
| other local public body or agency authorized by this chapter or | 4703 |
| other laws to issue Chapter 133. securities. | 4704 |
| (NN) "Taxing authority" means in the case of the following | 4705 |
| subdivisions: | 4706 |
| (1) A county, a county library district, or a regional | 4707 |
| library district, the board or boards of county commissioners, or | 4708 |
| other legislative authority of a county that has adopted a charter | 4709 |
| under Article X, Ohio Constitution, but with respect to such a | 4710 |
| library district acting solely as agent for the board of trustees | 4711 |
| of that district; | 4712 |
| (2) A municipal corporation, the legislative authority; | 4713 |
| (3) A school district, the board of education; | 4714 |
| (4) A regional water and sewer district, a joint ambulance | 4715 |
| district, a joint recreation district, a fire and ambulance | 4716 |
| district, or a joint fire district, the board of trustees of the | 4717 |
| district; | 4718 |
| (5) A joint township hospital district, the joint township | 4719 |
| hospital board; | 4720 |
| (6) A detention facility district or a district organized | 4721 |
| under section 2151.65 of the Revised Code, a combined district | 4722 |
| organized under sections 2152.41 and 2151.65 of the Revised Code, | 4723 |
| or a joint emergency medical services district, the joint board of | 4724 |
| county commissioners; | 4725 |
| (7) A township, a fire district organized under division (C) | 4726 |
| of section 505.37 of the Revised Code, or a township police | 4727 |
| district, the board of township trustees; | 4728 |
| (8) A joint solid waste management district organized under | 4729 |
| section 343.01 or 343.012 of the Revised Code, the board of | 4730 |
| directors of the district; | 4731 |
| (9) A subdivision described in division (MM)(17) of this | 4732 |
| section, the legislative or governing body or official. | 4733 |
| (OO) "Tax limitation" means the "ten-mill limitation" as | 4734 |
| defined in section 5705.02 of the Revised Code without diminution | 4735 |
| by reason of section 5705.313 of the Revised Code or otherwise, | 4736 |
| or, in the case of a municipal corporation or county with a | 4737 |
| different charter limitation on property taxes levied to pay debt | 4738 |
| charges on unvoted securities, that charter limitation. Those | 4739 |
| limitations shall be respectively referred to as the "ten-mill | 4740 |
| limitation" and the "charter tax limitation." | 4741 |
| (PP) "Tax valuation" means the aggregate of the valuations of | 4742 |
| property subject to ad valorem property taxation by the | 4743 |
| subdivision on the real property, personal property, and public | 4744 |
| utility property tax lists and duplicates most recently certified | 4745 |
| for collection, and shall be calculated without deductions of the | 4746 |
| valuations of otherwise taxable property exempt in whole or in | 4747 |
| part from taxation by reason of exemptions of certain amounts of | 4748 |
|
taxable value under division (C) of section 5709.01 | 4749 |
| reductions under section 323.152 of the Revised Code, or similar | 4750 |
| laws now or in the future in effect. | 4751 |
| For purposes of section 133.06 of the Revised Code, "tax | 4752 |
| valuation" shall not include the valuation of tangible personal | 4753 |
| property used in business, telephone or telegraph property, | 4754 |
| interexchange telecommunications company property, or personal | 4755 |
| property owned or leased by a railroad company and used in | 4756 |
| railroad operations listed under or described in section 5711.22, | 4757 |
| division (B) or (F) of section 5727.111, or section 5727.12 of the | 4758 |
| Revised Code. | 4759 |
| (QQ) "Year" means the calendar year. | 4760 |
| (RR) "Administrative agent," "agent," "commercial paper," | 4761 |
| "floating rate interest structure," "indexing agent," "interest | 4762 |
| rate hedge," "interest rate period," "put arrangement," and | 4763 |
| "remarketing agent" have the same meanings as in section 9.98 of | 4764 |
| the Revised Code. | 4765 |
| (SS) "Sales tax supported" means obligations to the payment | 4766 |
| of debt charges on which an additional sales tax or additional | 4767 |
| sales taxes have been pledged by the taxing authority of a county | 4768 |
| pursuant to section 133.081 of the Revised Code. | 4769 |
| Sec. 133.10. (A) In anticipation of the collection of | 4770 |
| current property tax revenues in and for any fiscal year, the | 4771 |
| taxing authority of any subdivision may issue securities, but the | 4772 |
| aggregate principal amount of such securities shall not exceed | 4773 |
| one-half of the amount that the budget commission estimates the | 4774 |
| subdivision will receive from property taxes in that fiscal year | 4775 |
| and prior to the last day of the sixth month following the month | 4776 |
| in which the securities are issued, other than taxes to be | 4777 |
| received for the payment of debt charges or allocated to debt | 4778 |
| charges on securities issued pursuant to division (C) of this | 4779 |
| section, and less all advances. When a partial, semiannual, or | 4780 |
| final property tax settlement is delayed, securities may also be | 4781 |
| issued in anticipation of the receipt of property taxes levied or | 4782 |
| collected for debt charges to the extent necessary to meet such | 4783 |
| debt charges but not in excess of such estimated receipts, less | 4784 |
| all advances. The securities issued pursuant to this division (A) | 4785 |
| shall mature not later than the last day of the sixth month | 4786 |
| following the month in which the securities are issued and in any | 4787 |
| case not later than the last day of the fiscal year in which they | 4788 |
| are issued. | 4789 |
| (B) In anticipation of the collection of current revenues in | 4790 |
| and for any fiscal year from any source or combination of sources, | 4791 |
| including distributions of any federal or state moneys, other than | 4792 |
| the proceeds of property taxes levied by the subdivision, the | 4793 |
| taxing authority of any subdivision may issue securities, but the | 4794 |
| aggregate principal amount of such securities shall not exceed | 4795 |
| one-half of the amount estimated by the fiscal officer to be | 4796 |
| received by the subdivision from such sources during the remainder | 4797 |
| of such fiscal year, less advances and prior collections. | 4798 |
| (C) In anticipation of the collection of current property tax | 4799 |
| revenues in and for any fiscal year, the taxing authority of a | 4800 |
| county, municipal corporation, township, or school district may | 4801 |
| issue securities, but the aggregate principal amount of those | 4802 |
| securities and of any securities issued pursuant to division (A) | 4803 |
| of this section outstanding at the time of issuance shall not | 4804 |
| exceed one-half of the amount that the budget commission estimates | 4805 |
| the subdivision will receive from all property taxes that are to | 4806 |
| be distributed to the subdivision from all settlements of taxes | 4807 |
| that are to be made in the remainder of that fiscal year, other | 4808 |
| than taxes to be received for the payment of debt charges, and | 4809 |
| less all advances. | 4810 |
| (D) When the tax settlement scheduled under division (B) of | 4811 |
| section 321.24 of the Revised Code is delayed pursuant to division | 4812 |
| (E) of that section, the taxing authority of a school district may | 4813 |
| issue property tax anticipation securities against the taxes to be | 4814 |
| included in that settlement, but the aggregate principal amount of | 4815 |
| all securities outstanding against those taxes shall not exceed | 4816 |
| ninety per cent of the amount estimated to be received from that | 4817 |
| settlement by the budget commission, other than taxes to be | 4818 |
| received for the payment of debt charges, and less all advances. | 4819 |
| The securities issued pursuant to this division (D) shall mature | 4820 |
| on or before the next ensuing thirty-first day of August. | 4821 |
| (E) This division applies to all securities authorized by | 4822 |
| this section. | 4823 |
| (1) The amounts from the sources anticipated needed to pay | 4824 |
| debt charges and financing costs shall be considered appropriated | 4825 |
| for that purpose, and other appropriations from those sources by | 4826 |
| the taxing authority shall be limited to the balance available | 4827 |
| after deducting the amount to pay those debt charges and financing | 4828 |
| costs. The portions of those amounts as received and to be applied | 4829 |
| to those debt charges shall be deposited and set aside in an | 4830 |
| account for the purpose in the bond retirement fund in the amounts | 4831 |
| and at the times required to pay those debt charges as provided | 4832 |
| for by the authorizing legislation or otherwise provided by law. | 4833 |
| (2) Except as otherwise provided in division (H) of this | 4834 |
| section, the securities shall not be issued prior to the first day | 4835 |
| and, except as otherwise provided in divisions (A) and (D) of this | 4836 |
| section, shall mature not later than the last day of the fiscal | 4837 |
| year for which the revenues are anticipated. | 4838 |
| (3) The proceeds of the principal amount of the securities | 4839 |
| shall be used only for the purposes for which the amounts | 4840 |
| anticipated were levied, collected, distributed, and appropriated, | 4841 |
| and for financing costs related to those securities. | 4842 |
| (4) Property taxes include distributions from the state in | 4843 |
| payment of credits against or partial exemptions from, or | 4844 |
| reduction of, property taxes. | 4845 |
| (5) If for any reason debt charges on securities authorized | 4846 |
| by this section are not paid by the subdivision in the fiscal year | 4847 |
| when due, the taxing authority of the subdivision shall include in | 4848 |
| its next annual appropriation measure an amount sufficient to pay | 4849 |
| those debt charges, and the county auditor and county treasurer | 4850 |
| shall withhold, in a custodial account, amounts due the | 4851 |
| subdivision from the sources anticipated until such amount is | 4852 |
| accumulated by those officers and they directly pay or provide, | 4853 |
| through the paying agent or otherwise, for the payment of those | 4854 |
| debt charges. | 4855 |
| (F) The authority to issue securities under divisions (A) and | 4856 |
| (B) of this section may be exercised by any board of library | 4857 |
| trustees of a public library, or board of park commissioners of a | 4858 |
| township, to which the budget commission has allotted a share of | 4859 |
|
the local | 4860 |
| Revised
Code or of the | 4861 |
| libraries fund under section 5707.051 of the Revised Code. | 4862 |
| (G) The taxing authority of a school district issuing | 4863 |
| securities under division (A), (C), or (D) of this section shall | 4864 |
| in the legislation authorizing the securities affirm the levy of, | 4865 |
| or covenant to levy, the anticipated property taxes to be | 4866 |
| collected in the following year. | 4867 |
| (H) The taxing authority of a school district may issue | 4868 |
| securities authorized by this section on or after the tenth day | 4869 |
| preceding the first day of the fiscal year for which the revenues | 4870 |
| are anticipated; provided, that if the taxing authority of a | 4871 |
| school district issues securities authorized by this section prior | 4872 |
| to the first day of the fiscal year for which the revenues are | 4873 |
| anticipated: | 4874 |
| (1) None of the proceeds received by the school district from | 4875 |
| the sale of the securities shall be considered available for | 4876 |
| appropriation prior to the first day of the fiscal year for which | 4877 |
| the revenues are anticipated; and | 4878 |
| (2) None of the proceeds received by the school district from | 4879 |
| the sale of the securities shall be expended prior to the first | 4880 |
| day of the fiscal year for which the revenues are anticipated. | 4881 |
| Sec. 133.25. (A) After the issuance of general obligation | 4882 |
| securities or of securities to which section 133.24 of the Revised | 4883 |
| Code applies, the taxing authority of the subdivision shall | 4884 |
| include in its annual tax budget, and levy a property tax in a | 4885 |
| sufficient amount, with any other moneys available for the | 4886 |
| purpose, to pay the debt charges on the securities payable from | 4887 |
| property taxes. The necessary property tax rate shall be included | 4888 |
| in the fiscal year tax budget that is certified by the subdivision | 4889 |
| to the county budget commission, and, if within the ten-mill | 4890 |
| limitation, shall be without diminution by reason of section | 4891 |
| 5705.313 of the Revised Code or any similar provisions. | 4892 |
| (B) If the taxing authority determines it to be necessary or | 4893 |
| appropriate, and if not prohibited by other law, legislation | 4894 |
| relating to Chapter 133. securities may, or that legislation may | 4895 |
| provide for proceedings that may, contain or provide for any one | 4896 |
| or more or combination of the following: | 4897 |
| (1) The pledge to the payment of debt charges of, and related | 4898 |
| covenants to levy, charge, collect, deposit, and apply, receipts | 4899 |
| of the subdivision lawfully available for the purpose, referred to | 4900 |
| in this division (B) as pledged receipts, including, without | 4901 |
| limitation, ad valorem property taxes as permitted by law, income | 4902 |
| taxes, excises, utility and service revenues, local
| 4903 |
| communities fund, school foundation, and moneys described in | 4904 |
| Section 5a of Article XII, Ohio Constitution, and any other | 4905 |
| receipts from taxes, excises, permits, licenses, fines, or other | 4906 |
| sources of revenue of or of revenue distributions to the | 4907 |
| subdivision, and covenants for the establishment, investment, | 4908 |
| segregation, and maintenance of any funds or reserves in | 4909 |
| connection with the securities. No pledge or covenant may be made | 4910 |
| that impairs the express contract rights of the holders of | 4911 |
| outstanding securities of the subdivision. | 4912 |
| (2) Designation of a bank or trust company authorized to | 4913 |
| exercise corporate trust powers in this state as a fiscal agent | 4914 |
| for the securities, which fiscal agent may be a purchaser of any | 4915 |
| securities and fiscal agent for any other securities of the | 4916 |
| subdivision, and provision for the periodic deposit of pledged | 4917 |
| receipts in one or more separate bank accounts, funds, or other | 4918 |
| accounts established with the fiscal agent, including provision | 4919 |
| for pledged receipts collected or paid by the state or another | 4920 |
| subdivision to be transferred, by the appropriate officer of the | 4921 |
| state or other subdivision having charge of the distribution of | 4922 |
| the pledged receipts to the subdivision, directly to the fiscal | 4923 |
| agent for such deposit, which officers shall transfer such pledged | 4924 |
| receipts in accordance with this division and the legislation. The | 4925 |
| fiscal agent shall disburse moneys so held in accordance with the | 4926 |
| legislation, including the transfer of moneys to paying agents or | 4927 |
| to persons providing credit enhancement facilities at the times | 4928 |
| and in the amounts required. Until needed for that purpose, and | 4929 |
| subject to any limitations in the legislation, the fiscal agent | 4930 |
| shall either deposit such moneys on behalf of the subdivision in | 4931 |
| an institution that is eligible to become a public depository | 4932 |
| pursuant to section 135.03 of the Revised Code or invest the | 4933 |
| moneys on behalf of the subdivision in obligations that are under | 4934 |
| applicable law lawful for the investment of the particular moneys. | 4935 |
| Divisions (D), (E), and (G) of section 135.04 and sections 135.08 | 4936 |
| and 135.09 of the Revised Code do not apply to any such deposits | 4937 |
| or investments. Amounts so held and received by a fiscal agent | 4938 |
| shall be accounted for in the appropriate special funds of the | 4939 |
| subdivision as if held in the treasury of the subdivision, and the | 4940 |
| fiscal agent shall provide such information to the subdivision and | 4941 |
| to the auditor of state as is necessary for the purpose. | 4942 |
| (3) Covenants of the subdivision and other provisions to | 4943 |
| protect and safeguard the security and rights of the holders of | 4944 |
| the securities and of the providers of any credit enhancement | 4945 |
| facilities and provisions for defeasance, including, without | 4946 |
| limiting the generality of the foregoing, such covenants and | 4947 |
| provisions as to: | 4948 |
| (a) Establishment and maintenance of the funds to be held by | 4949 |
| a fiscal agent as provided in this division, the times, amounts, | 4950 |
| and levels for deposit to such funds, and the obligations in which | 4951 |
| the proceeds of such funds may be invested pending their use, | 4952 |
| subject to limitations on investment of public funds otherwise | 4953 |
| provided for by law or charter or by the legislation; | 4954 |
| (b) The appointment, rights, powers, and duties of the fiscal | 4955 |
| agent, and vesting in the fiscal agent all or any of those rights, | 4956 |
| powers, and duties in trust; | 4957 |
| (c) Compliance with the provisions of this chapter and other | 4958 |
| laws applicable to the payment of debt charges on securities of | 4959 |
| the subdivision, including Chapter 5705. of the Revised Code; | 4960 |
| (d) Conditions that would give rise to an event of default | 4961 |
| under the terms of the legislation, and actions and remedies that | 4962 |
| any fiscal agent may take or assert on behalf of the holders of | 4963 |
| the securities. | 4964 |
| (4) As rights and remedies of the holders of securities, in | 4965 |
| addition to any other rights and remedies under law, but subject | 4966 |
| to the terms of the legislation and of any credit enhancement | 4967 |
| facility, provision that if the subdivision defaults in the | 4968 |
| payment of debt charges on the securities and such default | 4969 |
| continues for a period of thirty days, or if the subdivision fails | 4970 |
| or refuses to comply with the requirements of this chapter or the | 4971 |
| applicable proceedings, or defaults in any contract made with the | 4972 |
| holders of those securities, the holders of not less than | 4973 |
| twenty-five per cent in principal amount of the outstanding | 4974 |
| securities of that issue may appoint a trustee, who may be the | 4975 |
| fiscal agent, to represent those holders for the purposes provided | 4976 |
| in this division (B)(4). That trustee may, and upon written | 4977 |
| request of the holders of not less than twenty-five per cent in | 4978 |
| principal amount of those securities then outstanding shall, in | 4979 |
| its own name exercise all or any of the powers of such holders | 4980 |
| under division (B)(3) of this section and in addition may: | 4981 |
| (a) Bring action for payment of any debt charges then due on | 4982 |
| the securities; | 4983 |
| (b) By mandamus or other action or proceeding enforce all | 4984 |
| rights of the holders of the securities, including any right to | 4985 |
| require the subdivision to assess, levy, charge, collect, and | 4986 |
| apply pledged receipts adequate to carry out the provisions of the | 4987 |
| legislation and any agreement with those holders and to perform | 4988 |
| its duties under the legislation and this chapter; | 4989 |
| (c) Bring action upon the securities; | 4990 |
| (d) By action, require the subdivision to account as if it | 4991 |
| were the trustee of an express trust for the holders of the | 4992 |
| securities; | 4993 |
| (e) By action, enjoin any acts or things that may be unlawful | 4994 |
| or in violation of the rights of the holders of those securities; | 4995 |
| (f) Except in the case of securities payable from a property | 4996 |
| tax, declare all securities of the issue due and payable, and if | 4997 |
| all defaults are subsequently corrected, then, with the consent of | 4998 |
| the holders of not less than ten per cent in principal amount of | 4999 |
| those securities then outstanding, rescind and annul that | 5000 |
| declaration and its consequences. | 5001 |
| In addition to the foregoing, the trustee shall have all of | 5002 |
| the powers necessary or appropriate for the exercise of any | 5003 |
| functions specifically set forth in this section or the | 5004 |
| legislation or incident to the general representation of the | 5005 |
| holders of those securities in the enforcement and protection of | 5006 |
| their rights. | 5007 |
| (5) Contracts or other arrangements for credit enhancement | 5008 |
| facilities, which may be with a fiscal agent. The costs of or | 5009 |
| under credit enhancement facilities may be paid from any moneys of | 5010 |
| the subdivision lawfully available for the purpose. The credit | 5011 |
| enhancement facility may be for the benefit of holders of the | 5012 |
| particular securities and of any other securities of the | 5013 |
| subdivision. Any such benefit conferred with respect to other | 5014 |
| securities shall not be deemed to restrict, preclude, or otherwise | 5015 |
| impair any rights that those holders otherwise may assert. | 5016 |
| (C) Unless otherwise provided in the proceedings, the holders | 5017 |
| of not less than ten per cent in principal amount of the | 5018 |
| particular securities at the time outstanding, whether or not then | 5019 |
| due and payable or reduced to judgment and either on their own | 5020 |
| behalf or on behalf of all persons similarly situated, may: | 5021 |
| (1) By mandamus, mandatory or other injunction, or any other | 5022 |
| order, writ, process, or decree, or by any other action or | 5023 |
| proceeding, enforce all contractual or other rights of such | 5024 |
| holders, including any right to require the subdivision to assess, | 5025 |
| levy, charge, collect, and apply the pledged receipts pledged to | 5026 |
| carry out the provisions of any agreement with such holders and | 5027 |
| perform its duties under the legislation and this chapter; | 5028 |
| (2) In the case of default in payment of debt charges on | 5029 |
| their securities, commence an action upon their securities to | 5030 |
| require the subdivision to account as if it were the trustee of an | 5031 |
| express trust for those holders or to enjoin any acts or things | 5032 |
| that may be unlawful or in violation of the rights of those | 5033 |
| holders. | 5034 |
| (D) The state pledges to and agrees with the holders of | 5035 |
| Chapter 133. securities that the state will not, by enacting any | 5036 |
| law or adopting any rule, repeal, revoke, repudiate, limit, alter, | 5037 |
| stay, suspend, or otherwise reduce, rescind, or impair the power | 5038 |
| or duty of a subdivision to exercise, perform, carry out, and | 5039 |
| fulfill its responsibilities or covenants under this chapter or | 5040 |
| legislation or agreements as to its Chapter 133. securities, | 5041 |
| including a credit enhancement facility, passed or entered into | 5042 |
| pursuant to this chapter, or repeal, revoke, repudiate, limit, | 5043 |
| alter, stay, suspend, or otherwise reduce, rescind, or impair the | 5044 |
| rights and remedies of any such holders fully to enforce such | 5045 |
| responsibilities, covenants, and agreements or to enforce the | 5046 |
| pledge and agreement of the state contained in this division, or | 5047 |
| otherwise exercise any sovereign power materially impairing or | 5048 |
| materially inconsistent with the provisions of such legislation, | 5049 |
| covenants, and agreements. The general assembly determines and | 5050 |
| declares that the provisions of this chapter and the powers and | 5051 |
| duties of subdivisions authorized and imposed under this chapter | 5052 |
| are proper, reasonable, and appropriate means by which the state | 5053 |
| can and should exercise and has exercised its duties and powers | 5054 |
| under the Ohio Constitution, and that those provisions are | 5055 |
| necessary and in the public interest and a proper means to better | 5056 |
| provide for the security for, and market reception for the | 5057 |
| purchase of, those securities. This pledge and agreement shall be | 5058 |
| of no force and effect as to securities that are not outstanding. | 5059 |
| This pledge and agreement by the state may be temporarily | 5060 |
| suspended upon the declaration of martial law in the subdivision | 5061 |
| in the event of circumstances deriving directly out of a natural | 5062 |
| disaster, such as an earthquake or major conflagration or flood | 5063 |
| but not a snowstorm or civil disturbance, or out of military | 5064 |
| invasions or civil insurrections, but not strikes or crises | 5065 |
| created by financial or economic events. Payment for securities by | 5066 |
| the original and subsequent holders shall be deemed conclusive | 5067 |
| evidence of valuable consideration received by the state and | 5068 |
| subdivision for this pledge and agreement, and any action by the | 5069 |
| state contrary to or inconsistent with this division is void as | 5070 |
| applied to those securities. The state hereby grants any such | 5071 |
| benefited holder the right to sue the state and enforce this | 5072 |
| pledge and agreement, and waives all rights of defense based on | 5073 |
| sovereign immunity or sovereign power in such an action or suit, | 5074 |
| it being expressly determined and declared that the continued | 5075 |
| integrity of the contract of any such holder is essential to the | 5076 |
| continued right of the subdivision to issue and pay debt charges | 5077 |
| on securities as a subdivision of the state. Nothing in this | 5078 |
| division requires the state to continue any particular level of | 5079 |
| appropriations of moneys, or precludes the state from authorizing | 5080 |
| the subdivision to exercise, or the subdivision from exercising, | 5081 |
| subject to approval of the tax commissioner, any power provided by | 5082 |
| law to seek application of laws then in effect under the | 5083 |
| bankruptcy provisions of the United States Constitution but in any | 5084 |
| case providing for debt charges as provided in section 133.36 of | 5085 |
| the Revised Code, or to preclude the state from further exercise | 5086 |
| of any of its powers and responsibilities under the Ohio | 5087 |
| Constitution. | 5088 |
| (E) Moneys and investments held by the subdivision or a | 5089 |
| paying agent or a fiscal agent, and all receipts of the | 5090 |
| subdivision, needed and allocated to payment of debt charges or | 5091 |
| payments by the subdivision under credit enhancement facilities, | 5092 |
| are property of the subdivision devoted to essential governmental | 5093 |
| purposes and accordingly shall not be applied to any purpose other | 5094 |
| than as provided in this chapter and in the legislation, and shall | 5095 |
| not be subject to any order, judgment, lien, execution, | 5096 |
| attachment, setoff, or counterclaim by any creditor or judgment | 5097 |
| creditor, as a result of a tort judgment or otherwise, of the | 5098 |
| subdivision other than the holders of the securities or the | 5099 |
| provider of the credit enhancement facility who are entitled | 5100 |
| thereto pursuant to this chapter and the legislation. | 5101 |
| Sec. 135.35. (A) The investing authority shall deposit or | 5102 |
| invest any part or all of the county's inactive moneys and shall | 5103 |
|
invest all of the money in the county | 5104 |
| 5105 | |
| Revised Code. The following classifications of securities and | 5106 |
| obligations are eligible for such deposit or investment: | 5107 |
| (1) United States treasury bills, notes, bonds, or any other | 5108 |
| obligation or security issued by the United States treasury, any | 5109 |
| other obligation guaranteed as to principal or interest by the | 5110 |
| United States, or any book entry, zero-coupon United States | 5111 |
| treasury security that is a direct obligation of the United | 5112 |
| States. | 5113 |
| Nothing in the classification of eligible securities and | 5114 |
| obligations set forth in divisions (A)(2) to (11) of this section | 5115 |
| shall be construed to authorize any investment in stripped | 5116 |
| principal or interest obligations of such eligible securities and | 5117 |
| obligations. | 5118 |
| (2) Bonds, notes, debentures, or any other obligations or | 5119 |
| securities issued by any federal government agency or | 5120 |
| instrumentality, including but not limited to, the federal | 5121 |
| national mortgage association, federal home loan bank, federal | 5122 |
| farm credit bank, federal home loan mortgage corporation, | 5123 |
| government national mortgage association, and student loan | 5124 |
| marketing association. All federal agency securities shall be | 5125 |
| direct issuances of federal government agencies or | 5126 |
| instrumentalities. | 5127 |
| (3) Time certificates of deposit or savings or deposit | 5128 |
| accounts, including, but not limited to, passbook accounts, in any | 5129 |
| eligible institution mentioned in section 135.32 of the Revised | 5130 |
| Code; | 5131 |
| (4) Bonds and other obligations of this state or the | 5132 |
| political subdivisions of this state, provided that such political | 5133 |
| subdivisions are located wholly or partly within the same county | 5134 |
| as the investing authority; | 5135 |
| (5) No-load money market mutual funds consisting exclusively | 5136 |
| of obligations described in division (A)(1) or (2) of this section | 5137 |
| and repurchase agreements secured by such obligations, provided | 5138 |
| that investments in securities described in this division are made | 5139 |
| only through eligible institutions mentioned in section 135.32 of | 5140 |
| the Revised Code; | 5141 |
| (6) The Ohio subdivision's fund as provided in section 135.45 | 5142 |
| of the Revised Code; | 5143 |
| (7) Securities lending agreements with any eligible | 5144 |
| institution mentioned in section 135.32 of the Revised Code that | 5145 |
| is a member of the federal reserve system or federal home loan | 5146 |
| bank or with any recognized United States government securities | 5147 |
| dealer meeting the description in division (J)(1) of this section, | 5148 |
| under the terms of which agreements the investing authority lends | 5149 |
| securities and the eligible institution or dealer agrees to | 5150 |
| simultaneously exchange similar securities or cash, equal value | 5151 |
| for equal value. | 5152 |
| Securities and cash received as collateral for a securities | 5153 |
| lending agreement are not inactive moneys of the county or moneys | 5154 |
| of a county | 5155 |
| The investment of cash collateral received pursuant to a | 5156 |
| securities lending agreement may be invested only in instruments | 5157 |
| specified by the investing authority in the written investment | 5158 |
| policy described in division (K) of this section. | 5159 |
| (8) Up to twenty-five per cent of the county's total average | 5160 |
| portfolio in either of the following investments: | 5161 |
| (a) Commercial paper notes issued by an entity that is | 5162 |
| defined in division (D) of section 1705.01 of the Revised Code and | 5163 |
| that has assets exceeding five hundred million dollars, to which | 5164 |
| notes all of the following apply: | 5165 |
| (i) The notes are rated at the time of purchase in the | 5166 |
| highest classification established by at least two nationally | 5167 |
| recognized standard rating services. | 5168 |
| (ii) The aggregate value of the notes does not exceed ten per | 5169 |
| cent of the aggregate value of the outstanding commercial paper of | 5170 |
| the issuing corporation. | 5171 |
| (iii) The notes mature not later than two hundred seventy | 5172 |
| days after purchase. | 5173 |
| (b) Bankers acceptances of banks that are insured by the | 5174 |
| federal deposit insurance corporation and to which both of the | 5175 |
| following apply: | 5176 |
| (i) The obligations are eligible for purchase by the federal | 5177 |
| reserve system. | 5178 |
| (ii) The obligations mature not later than one hundred eighty | 5179 |
| days after purchase. | 5180 |
| No investment shall be made pursuant to division (A)(8) of | 5181 |
| this section unless the investing authority has completed | 5182 |
| additional training for making the investments authorized by | 5183 |
| division (A)(8) of this section. The type and amount of additional | 5184 |
| training shall be approved by the auditor of state and may be | 5185 |
| conducted by or provided under the supervision of the auditor of | 5186 |
| state. | 5187 |
| (9) Up to fifteen per cent of the county's total average | 5188 |
| portfolio in notes issued by corporations that are incorporated | 5189 |
| under the laws of the United States and that are operating within | 5190 |
| the United States, or by depository institutions that are doing | 5191 |
| business under authority granted by the United States or any state | 5192 |
| and that are operating within the United States, provided both of | 5193 |
| the following apply: | 5194 |
| (a) The notes are rated in the second highest or higher | 5195 |
| category by at least two nationally recognized standard rating | 5196 |
| services at the time of purchase. | 5197 |
| (b) The notes mature not later than two years after purchase. | 5198 |
| (10) No-load money market mutual funds rated in the highest | 5199 |
| category at the time of purchase by at least one nationally | 5200 |
| recognized standard rating service and consisting exclusively of | 5201 |
| obligations described in division (A)(1), (2), or (6) of section | 5202 |
| 135.143 of the Revised Code; | 5203 |
| (11) Debt interests rated at the time of purchase in the | 5204 |
| three highest categories by two nationally recognized standard | 5205 |
| rating services and issued by foreign nations diplomatically | 5206 |
| recognized by the United States government. All interest and | 5207 |
| principal shall be denominated and payable in United States funds. | 5208 |
| The investments made under division (A)(11) of this section shall | 5209 |
| not exceed in the aggregate one per cent of a county's total | 5210 |
| average portfolio. | 5211 |
| The investing authority shall invest under division (A)(11) | 5212 |
| of this section in a debt interest issued by a foreign nation only | 5213 |
| if the debt interest is backed by the full faith and credit of | 5214 |
| that foreign nation, there is no prior history of default, and the | 5215 |
| debt interest matures not later than five years after purchase. | 5216 |
| For purposes of division (A)(11) of this section, a debt interest | 5217 |
| is rated in the three highest categories by two nationally | 5218 |
| recognized standard rating services if either the debt interest | 5219 |
| itself or the issuer of the debt interest is rated, or is | 5220 |
| implicitly rated, at the time of purchase in the three highest | 5221 |
| categories by two nationally recognized standard rating services. | 5222 |
| (B) Nothing in the classifications of eligible obligations | 5223 |
| and securities set forth in divisions (A)(1) to (11) of this | 5224 |
| section shall be construed to authorize investment in a | 5225 |
| derivative, and no investing authority shall invest any county | 5226 |
| inactive moneys or any moneys in
a county | 5227 |
| 5228 | |
| this division, "derivative" means a financial instrument or | 5229 |
| contract or obligation whose value or return is based upon or | 5230 |
| linked to another asset or index, or both, separate from the | 5231 |
| financial instrument, contract, or obligation itself. Any | 5232 |
| security, obligation, trust account, or other instrument that is | 5233 |
| created from an issue of the United States treasury or is created | 5234 |
| from an obligation of a federal agency or instrumentality or is | 5235 |
| created from both is considered a derivative instrument. An | 5236 |
| eligible investment described in this section with a variable | 5237 |
| interest rate payment, based upon a single interest payment or | 5238 |
| single index comprised of other eligible investments provided for | 5239 |
| in division (A)(1) or (2) of this section, is not a derivative, | 5240 |
| provided that such variable rate investment has a maximum maturity | 5241 |
| of two years. A treasury inflation-protected security shall not be | 5242 |
| considered a derivative, provided the security matures not later | 5243 |
| than five years after purchase. | 5244 |
| (C) Except as provided in division (D) of this section, any | 5245 |
| investment made pursuant to this section must mature within five | 5246 |
| years from the date of settlement, unless the investment is | 5247 |
| matched to a specific obligation or debt of the county or to a | 5248 |
| specific obligation or debt of a political subdivision of this | 5249 |
| state located wholly or partly within the county, and the | 5250 |
| investment is specifically approved by the investment advisory | 5251 |
| committee. | 5252 |
| (D) The investing authority may also enter into a written | 5253 |
| repurchase agreement with any eligible institution mentioned in | 5254 |
| section 135.32 of the Revised Code or any eligible securities | 5255 |
| dealer pursuant to division (J) of this section, under the terms | 5256 |
| of which agreement the investing authority purchases and the | 5257 |
| eligible institution or dealer agrees unconditionally to | 5258 |
| repurchase any of the securities listed in divisions (B)(1) to | 5259 |
| (5), except letters of credit described in division (B)(2), of | 5260 |
| section 135.18 of the Revised Code. The market value of securities | 5261 |
| subject to an overnight written repurchase agreement must exceed | 5262 |
| the principal value of the overnight written repurchase agreement | 5263 |
| by at least two per cent. A written repurchase agreement must | 5264 |
| exceed the principal value of the overnight written repurchase | 5265 |
| agreement, by at least two per cent. A written repurchase | 5266 |
| agreement shall not exceed thirty days, and the market value of | 5267 |
| securities subject to a written repurchase agreement must exceed | 5268 |
| the principal value of the written repurchase agreement by at | 5269 |
| least two per cent and be marked to market daily. All securities | 5270 |
| purchased pursuant to this division shall be delivered into the | 5271 |
| custody of the investing authority or the qualified custodian of | 5272 |
| the investing authority or an agent designated by the investing | 5273 |
| authority. A written repurchase agreement with an eligible | 5274 |
| securities dealer shall be transacted on a delivery versus payment | 5275 |
| basis. The agreement shall contain the requirement that for each | 5276 |
| transaction pursuant to the agreement the participating | 5277 |
| institution shall provide all of the following information: | 5278 |
| (1) The par value of the securities; | 5279 |
| (2) The type, rate, and maturity date of the securities; | 5280 |
| (3) A numerical identifier generally accepted in the | 5281 |
| securities industry that designates the securities. | 5282 |
| No investing authority shall enter into a written repurchase | 5283 |
| agreement under the terms of which the investing authority agrees | 5284 |
| to sell securities owned by the county to a purchaser and agrees | 5285 |
| with that purchaser to unconditionally repurchase those | 5286 |
| securities. | 5287 |
| (E) No investing authority shall make an investment under | 5288 |
| this section, unless the investing authority, at the time of | 5289 |
| making the investment, reasonably expects that the investment can | 5290 |
| be held until its maturity. The investing authority's written | 5291 |
| investment policy shall specify the conditions under which an | 5292 |
| investment may be redeemed or sold prior to maturity. | 5293 |
| (F) No investing authority shall pay a county's inactive | 5294 |
| moneys
or moneys of a county | 5295 |
| libraries fund into a fund established by another subdivision, | 5296 |
| treasurer, governing board, or investing authority, if that fund | 5297 |
| was established by the subdivision, treasurer, governing board, or | 5298 |
| investing authority for the purpose of investing or depositing the | 5299 |
| public moneys of other subdivisions. This division does not apply | 5300 |
| to the payment of public moneys into either of the following: | 5301 |
| (1) The Ohio subdivision's fund pursuant to division (A)(6) | 5302 |
| of this section; | 5303 |
| (2) A fund created solely for the purpose of acquiring, | 5304 |
| constructing, owning, leasing, or operating municipal utilities | 5305 |
| pursuant to the authority provided under section 715.02 of the | 5306 |
| Revised Code or Section 4 of Article XVIII, Ohio Constitution. | 5307 |
| For purposes of division (F) of this section, "subdivision" | 5308 |
| includes a county. | 5309 |
| (G) The use of leverage, in which the county uses its current | 5310 |
| investment assets as collateral for the purpose of purchasing | 5311 |
| other assets, is prohibited. The issuance of taxable notes for the | 5312 |
| purpose of arbitrage is prohibited. Contracting to sell securities | 5313 |
| not owned by the county, for the purpose of purchasing such | 5314 |
| securities on the speculation that bond prices will decline, is | 5315 |
| prohibited. | 5316 |
| (H) Any securities, certificates of deposit, deposit | 5317 |
| accounts, or any other documents evidencing deposits or | 5318 |
| investments made under authority of this section shall be issued | 5319 |
| in the name of the county with the county treasurer or investing | 5320 |
| authority as the designated payee. If any such deposits or | 5321 |
| investments are registrable either as to principal or interest, or | 5322 |
| both, they shall be registered in the name of the treasurer. | 5323 |
| (I) The investing authority shall be responsible for the | 5324 |
| safekeeping of all documents evidencing a deposit or investment | 5325 |
| acquired under this section, including, but not limited to, | 5326 |
| safekeeping receipts evidencing securities deposited with a | 5327 |
| qualified trustee, as provided in section 135.37 of the Revised | 5328 |
| Code, and documents confirming the purchase of securities under | 5329 |
| any repurchase agreement under this section shall be deposited | 5330 |
| with a qualified trustee, provided, however, that the qualified | 5331 |
| trustee shall be required to report to the investing authority, | 5332 |
| auditor of state, or an authorized outside auditor at any time | 5333 |
| upon request as to the identity, market value, and location of the | 5334 |
| document evidencing each security, and that if the participating | 5335 |
| institution is a designated depository of the county for the | 5336 |
| current period of designation, the securities that are the subject | 5337 |
| of the repurchase agreement may be delivered to the treasurer or | 5338 |
| held in trust by the participating institution on behalf of the | 5339 |
| investing authority. | 5340 |
| Upon the expiration of the term of office of an investing | 5341 |
| authority or in the event of a vacancy in the office for any | 5342 |
| reason, the officer or the officer's legal representative shall | 5343 |
| transfer and deliver to the officer's successor all documents | 5344 |
| mentioned in this division for which the officer has been | 5345 |
| responsible for safekeeping. For all such documents transferred | 5346 |
| and delivered, the officer shall be credited with, and the | 5347 |
| officer's successor shall be charged with, the amount of moneys | 5348 |
| evidenced by such documents. | 5349 |
| (J)(1) All investments, except for investments in securities | 5350 |
| described in divisions (A)(5) and (6) of this section, shall be | 5351 |
| made only through a member of the national association of | 5352 |
| securities dealers, through a bank, savings bank, or savings and | 5353 |
| loan association regulated by the superintendent of financial | 5354 |
| institutions, or through an institution regulated by the | 5355 |
| comptroller of the currency, federal deposit insurance | 5356 |
| corporation, or board of governors of the federal reserve system. | 5357 |
| (2) Payment for investments shall be made only upon the | 5358 |
| delivery of securities representing such investments to the | 5359 |
| treasurer, investing authority, or qualified trustee. If the | 5360 |
| securities transferred are not represented by a certificate, | 5361 |
| payment shall be made only upon receipt of confirmation of | 5362 |
| transfer from the custodian by the treasurer, governing board, or | 5363 |
| qualified trustee. | 5364 |
| (K)(1) Except as otherwise provided in division (K)(2) of | 5365 |
| this section, no investing authority shall make an investment or | 5366 |
| deposit under this section, unless there is on file with the | 5367 |
| auditor of state a written investment policy approved by the | 5368 |
| investing authority. The policy shall require that all entities | 5369 |
| conducting investment business with the investing authority shall | 5370 |
| sign the investment policy of that investing authority. All | 5371 |
| brokers, dealers, and financial institutions, described in | 5372 |
| division (J)(1) of this section, initiating transactions with the | 5373 |
| investing authority by giving advice or making investment | 5374 |
| recommendations shall sign the investing authority's investment | 5375 |
| policy thereby acknowledging their agreement to abide by the | 5376 |
| policy's contents. All brokers, dealers, and financial | 5377 |
| institutions, described in division (J)(1) of this section, | 5378 |
| executing transactions initiated by the investing authority, | 5379 |
| having read the policy's contents, shall sign the investment | 5380 |
| policy thereby acknowledging their comprehension and receipt. | 5381 |
| (2) If a written investment policy described in division | 5382 |
| (K)(1) of this section is not filed on behalf of the county with | 5383 |
| the auditor of state, the investing authority of that county shall | 5384 |
| invest the county's inactive moneys and moneys of the county | 5385 |
| 5386 | |
| certificates of deposits or savings or deposit accounts pursuant | 5387 |
| to division (A)(3) of this section, no-load money market mutual | 5388 |
| funds pursuant to division (A)(5) of this section, or the Ohio | 5389 |
| subdivision's fund pursuant to division (A)(6) of this section. | 5390 |
| (L)(1) The investing authority shall establish and maintain | 5391 |
| an inventory of all obligations and securities acquired by the | 5392 |
| investing authority pursuant to this section. The inventory shall | 5393 |
| include a description of each obligation or security, including | 5394 |
| type, cost, par value, maturity date, settlement date, and any | 5395 |
| coupon rate. | 5396 |
| (2) The investing authority shall also keep a complete record | 5397 |
| of all purchases and sales of the obligations and securities made | 5398 |
| pursuant to this section. | 5399 |
| (3) The investing authority shall maintain a monthly | 5400 |
| portfolio report and issue a copy of the monthly portfolio report | 5401 |
| describing such investments to the county investment advisory | 5402 |
| committee, detailing the current inventory of all obligations and | 5403 |
| securities, all transactions during the month that affected the | 5404 |
| inventory, any income received from the obligations and | 5405 |
| securities, and any investment expenses paid, and stating the | 5406 |
| names of any persons effecting transactions on behalf of the | 5407 |
| investing authority. | 5408 |
| (4) The monthly portfolio report shall be a public record and | 5409 |
| available for inspection under section 149.43 of the Revised Code. | 5410 |
| (5) The inventory and the monthly portfolio report shall be | 5411 |
| filed with the board of county commissioners. | 5412 |
| (M) An investing authority may enter into a written | 5413 |
| investment or deposit agreement that includes a provision under | 5414 |
| which the parties agree to submit to nonbinding arbitration to | 5415 |
| settle any controversy that may arise out of the agreement, | 5416 |
| including any controversy pertaining to losses of public moneys | 5417 |
| resulting from investment or deposit. The arbitration provision | 5418 |
| shall be set forth entirely in the agreement, and the agreement | 5419 |
| shall include a conspicuous notice to the parties that any party | 5420 |
| to the arbitration may apply to the court of common pleas of the | 5421 |
| county in which the arbitration was held for an order to vacate, | 5422 |
| modify, or correct the award. Any such party may also apply to the | 5423 |
| court for an order to change venue to a court of common pleas | 5424 |
| located more than one hundred miles from the county in which the | 5425 |
| investing authority is located. | 5426 |
| For purposes of this division, "investment or deposit | 5427 |
| agreement" means any agreement between an investing authority and | 5428 |
| a person, under which agreement the person agrees to invest, | 5429 |
| deposit, or otherwise manage, on behalf of the investing | 5430 |
| authority, a county's inactive moneys or moneys in a county | 5431 |
| 5432 | |
| provide investment advice to the investing authority. | 5433 |
| (N) An investment held in the county portfolio on September | 5434 |
| 27, 1996, that was a legal investment under the law as it existed | 5435 |
| before September 27, 1996, may be held until maturity, or if the | 5436 |
| investment does not have a maturity date the investment may be | 5437 |
| held until five years from September 27, 1996, regardless of | 5438 |
| whether the investment would qualify as a legal investment under | 5439 |
| the terms of this section as amended. | 5440 |
| Sec. 135.352. The investment authority shall invest all | 5441 |
| moneys in the county
| 5442 |
| libraries fund that are not distributed due to an appeal of the | 5443 |
| budget commission's allocation of such fund. Interest earned on | 5444 |
| such investments shall be credited to the fund and distributed in | 5445 |
| accordance with section 5747.48 of the Revised Code. | 5446 |
| Sec. 151.08. This section applies to obligations as defined | 5447 |
| in this section. | 5448 |
| (A) As used in this section: | 5449 |
| (1) "Capital facilities" or "capital improvement projects" | 5450 |
| means the acquisition, construction, reconstruction, improvement, | 5451 |
| planning, and equipping of roads and bridges, waste water | 5452 |
| treatment systems, water supply systems, solid waste disposal | 5453 |
| facilities, flood control systems, and storm water and sanitary | 5454 |
| collection, storage, and treatment facilities, including real | 5455 |
| property, interests in real property, facilities, and equipment | 5456 |
| related or incidental to those facilities. | 5457 |
| (2) "Costs of capital facilities" include related direct | 5458 |
| administrative expenses and allocable portions of direct costs of | 5459 |
| the Ohio public works commission and the local subdivision. | 5460 |
| (3) "Local subdivision" means any county, municipal | 5461 |
| corporation, township, sanitary district, or regional water and | 5462 |
| sewer district. | 5463 |
| (4) "Obligations" means obligations as defined in section | 5464 |
| 151.01 of the Revised Code issued to pay costs of capital | 5465 |
| facilities. | 5466 |
| (B)(1) The issuing authority shall issue obligations to pay | 5467 |
| costs of financing or assisting in the financing of the capital | 5468 |
| improvement projects of local subdivisions pursuant to Section 2m | 5469 |
| of Article VIII, Ohio Constitution, section 151.01 of the Revised | 5470 |
| Code, and this section. Not more than one hundred twenty million | 5471 |
| dollars principal amount of obligations, plus the principal amount | 5472 |
| of obligations that in any prior fiscal years could have been, but | 5473 |
| were not, issued within that one-hundred-twenty-million dollar | 5474 |
| fiscal year limit, may be issued in any fiscal year. Not more than | 5475 |
| one billion two hundred million dollars principal amount of | 5476 |
| obligations pursuant to Section 2m of Article VIII, Ohio | 5477 |
| Constitution may be issued for the purposes of this section and | 5478 |
| division (B)(2) of section 164.09 of the Revised Code. | 5479 |
| (2) The issuing authority shall issue obligations to pay | 5480 |
| costs of financing or assisting in the financing of the capital | 5481 |
| improvement projects of local subdivisions pursuant to Section 2p | 5482 |
| of Article VIII, Ohio Constitution, section 151.01 of the Revised | 5483 |
| Code, and this section. Not more than one hundred twenty million | 5484 |
| dollars in principal amount of such obligations may be issued in | 5485 |
| any of the first five fiscal years of issuance and not more than | 5486 |
| one hundred fifty million dollars in principal amount of such | 5487 |
| obligations may be issued in any of the next five fiscal years, | 5488 |
| plus in each case the principal amount of such obligations that in | 5489 |
| any prior fiscal year could have been but were not issued within | 5490 |
| those fiscal year limits. No obligations shall be issued for the | 5491 |
| purposes of this section pursuant to Section 2p of Article VIII, | 5492 |
| Ohio Constitution, until at least one billion one hundred | 5493 |
| ninety-nine million five hundred thousand dollars aggregate | 5494 |
| principal amount of obligations have been issued pursuant to | 5495 |
| Section 2m of Article VIII, Ohio Constitution. Not more than one | 5496 |
| billion three hundred fifty million dollars principal amount of | 5497 |
| obligations may be issued pursuant to Section 2p of Article VIII, | 5498 |
| Ohio Constitution for the purposes of this section. | 5499 |
| (C) Net proceeds of obligations shall be deposited into the | 5500 |
| state capital improvements fund created by section 164.08 of the | 5501 |
| Revised Code. | 5502 |
| (D) There is hereby created in the state treasury the "state | 5503 |
| capital improvements bond service fund." All moneys received by | 5504 |
| the state and required by the bond proceedings, consistent with | 5505 |
| this section and section 151.01 of the Revised Code, to be | 5506 |
| deposited, transferred, or credited to the bond service fund, and | 5507 |
| all other moneys transferred or allocated to or received for the | 5508 |
| purposes of that fund, shall be deposited and credited to the bond | 5509 |
| service fund, subject to any applicable provisions of the bond | 5510 |
| proceedings but without necessity for any act of appropriation. | 5511 |
| During the period beginning with the date of the first issuance of | 5512 |
| obligations and continuing during the time that any obligations | 5513 |
| are outstanding in accordance with their terms, so long as moneys | 5514 |
| in the bond service fund are insufficient to pay debt service when | 5515 |
| due on those obligations payable from that fund (except the | 5516 |
| principal amounts of bond anticipation notes payable from the | 5517 |
| proceeds of renewal notes or bonds anticipated) and due in the | 5518 |
| particular fiscal year, a sufficient amount of revenues of the | 5519 |
| state is committed and, without necessity for further act of | 5520 |
| appropriation, shall be paid to the bond service fund for the | 5521 |
| purpose of paying that debt service when due. | 5522 |
| Sec. 151.40. (A) As used in this section: | 5523 |
| (1) "Bond proceedings" includes any trust agreements, and any | 5524 |
| amendments or supplements to them, as authorized by this section. | 5525 |
| (2) "Costs of revitalization projects" includes related | 5526 |
| direct administrative expenses and allocable portions of the | 5527 |
| direct costs of those projects of the department of development or | 5528 |
| the environmental protection agency. | 5529 |
| (3) "Issuing authority" means the treasurer of state. | 5530 |
| (4) "Obligations" means obligations as defined in section | 5531 |
| 151.01 of the Revised Code issued to pay the costs of projects for | 5532 |
| revitalization purposes as referred to in division (A)(2) of | 5533 |
| Section 2o of Article VIII, Ohio Constitution. | 5534 |
| (5) "Pledged liquor profits" means all receipts of the state | 5535 |
| representing the gross profit on the sale of spirituous liquor, as | 5536 |
| referred to in division (B)(4) of section 4301.10 of the Revised | 5537 |
| Code, after paying all costs and expenses of the division of | 5538 |
| liquor control and providing an adequate working capital reserve | 5539 |
| for the division of liquor control as provided in that division, | 5540 |
| but excluding the sum required by the second paragraph of section | 5541 |
| 4301.12 of the Revised Code, as it was in effect on May 2, 1980, | 5542 |
| to be paid into the state treasury. | 5543 |
| (6) "Pledged receipts" means, as and to the extent provided | 5544 |
| in bond proceedings: | 5545 |
| (a) Pledged liquor profits. The pledge of pledged liquor | 5546 |
| profits to obligations is subject to the priority of the pledge of | 5547 |
| those profits to obligations issued and to be issued pursuant to | 5548 |
| Chapter 166. of the Revised Code. | 5549 |
| (b) Moneys accruing to the state from the lease, sale, or | 5550 |
| other disposition or use of revitalization projects or from the | 5551 |
| repayment, including any interest, of loans or advances made from | 5552 |
| net proceeds; | 5553 |
| (c) Accrued interest received from the sale of obligations; | 5554 |
| (d) Income from the investment of the special funds; | 5555 |
| (e) Any gifts, grants, donations, or pledges, and receipts | 5556 |
| therefrom, available for the payment of debt service; | 5557 |
| (f) Additional or any other specific revenues or receipts | 5558 |
| lawfully available to be pledged, and pledged, pursuant to further | 5559 |
| authorization by the general assembly, to the payment of debt | 5560 |
| service. | 5561 |
| (B)(1) The issuing authority shall issue obligations of the | 5562 |
| state to pay costs of revitalization projects pursuant to division | 5563 |
| (B)(2) of Section 2o of Article VIII, Ohio Constitution, section | 5564 |
| 151.01 of the Revised Code as applicable to this section, and this | 5565 |
| section. The issuing authority, upon the certification to it by | 5566 |
| the clean Ohio council of the amount of moneys needed in and for | 5567 |
| the purposes of the clean Ohio revitalization fund created by | 5568 |
| section 122.658 of the Revised Code, shall issue obligations in | 5569 |
| the amount determined by the issuing authority to be required for | 5570 |
| those purposes. Not more than two hundred million dollars | 5571 |
| principal amount of obligations issued under this section for | 5572 |
| revitalization purposes may be outstanding at any one time. Not | 5573 |
| more than fifty million dollars principal amount of obligations, | 5574 |
| plus the principal amount of obligations that in any prior fiscal | 5575 |
| year could have been, but were not issued within the | 5576 |
| fifty-million-dollar fiscal year limit, may be issued in any | 5577 |
| fiscal year. | 5578 |
| (2) The provisions and authorizations in section 151.01 of | 5579 |
| the Revised Code apply to the obligations and the bond proceedings | 5580 |
| except as otherwise provided or provided for in those obligations | 5581 |
| and bond proceedings. | 5582 |
| (C) Net proceeds of obligations shall be deposited in the | 5583 |
| clean Ohio revitalization fund created in section 122.658 of the | 5584 |
| Revised Code. | 5585 |
| (D) There is hereby created the revitalization projects bond | 5586 |
| service fund, which shall be in the custody of the treasurer of | 5587 |
| state, but shall be separate and apart from and not a part of the | 5588 |
| state treasury. All money received by the state and required by | 5589 |
| the bond proceedings, consistent with section 151.01 of the | 5590 |
| Revised Code and this section, to be deposited, transferred, or | 5591 |
| credited to the bond service fund, and all other money transferred | 5592 |
| or allocated to or received for the purposes of that fund, shall | 5593 |
| be deposited and credited to the bond service fund, subject to any | 5594 |
| applicable provisions of the bond proceedings, but without | 5595 |
| necessity for any act of appropriation. During the period | 5596 |
| beginning with the date of the first issuance of obligations and | 5597 |
| continuing during the time that any obligations are outstanding in | 5598 |
| accordance with their terms, so long as moneys in the bond service | 5599 |
| fund are insufficient to pay debt service when due on those | 5600 |
| obligations payable from that fund, except the principal amounts | 5601 |
| of bond anticipation notes payable from the proceeds of renewal | 5602 |
| notes or bonds anticipated, and due in the particular fiscal year, | 5603 |
| a sufficient amount of pledged receipts is committed and, without | 5604 |
| necessity for further act of appropriation, shall be paid to the | 5605 |
| bond service fund for the purpose of paying that debt service when | 5606 |
| due. | 5607 |
| (E) The issuing authority may pledge all, or such portion as | 5608 |
| the issuing authority determines, of the pledged receipts to the | 5609 |
| payment of the debt service charges on obligations issued under | 5610 |
| this section, and for the establishment and maintenance of any | 5611 |
| reserves, as provided in the bond proceedings, and make other | 5612 |
| provisions in the bond proceedings with respect to pledged | 5613 |
| receipts as authorized by this section, which provisions are | 5614 |
| controlling notwithstanding any other provisions of law pertaining | 5615 |
| to them. | 5616 |
| (F) The issuing authority may covenant in the bond | 5617 |
| proceedings, and such covenants shall be controlling | 5618 |
| notwithstanding any other provision of law, that the state and | 5619 |
| applicable officers and state agencies, including the general | 5620 |
| assembly, so long as any obligations issued under this section are | 5621 |
| outstanding, shall maintain statutory authority for and cause to | 5622 |
| be charged and collected wholesale or retail prices for spirituous | 5623 |
| liquor sold by the state or its agents so that the available | 5624 |
| pledged receipts are sufficient in time and amount to meet debt | 5625 |
| service payable from pledged liquor profits and for the | 5626 |
| establishment and maintenance of any reserves and other | 5627 |
| requirements provided for in the bond proceedings. | 5628 |
| (G) Obligations may be further secured, as determined by the | 5629 |
| issuing authority, by a trust agreement between the state and a | 5630 |
| corporate trustee, which may be any trust company or bank having | 5631 |
| 5632 | |
| agreement may contain the resolution or order authorizing the | 5633 |
| issuance of the obligations, any provisions that may be contained | 5634 |
| in any bond proceedings, and other provisions that are customary | 5635 |
| or appropriate in an agreement of that type, including, but not | 5636 |
| limited to: | 5637 |
| (1) Maintenance of each pledge, trust agreement, or other | 5638 |
| instrument comprising part of the bond proceedings until the state | 5639 |
| has fully paid or provided for the payment of debt service on the | 5640 |
| obligations secured by it; | 5641 |
| (2) In the event of default in any payments required to be | 5642 |
| made by the bond proceedings, enforcement of those payments or | 5643 |
| agreements by mandamus, the appointment of a receiver, suit in | 5644 |
| equity, action at law, or any combination of them; | 5645 |
| (3) The rights and remedies of the holders or owners of | 5646 |
| obligations and of the trustee and provisions for protecting and | 5647 |
| enforcing them, including limitations on rights of individual | 5648 |
| holders and owners. | 5649 |
| (H) The obligations shall not be general obligations of the | 5650 |
| state and the full faith and credit, revenue, and taxing power of | 5651 |
| the state shall not be pledged to the payment of debt service on | 5652 |
| them. The holders or owners of the obligations shall have no right | 5653 |
| to have any moneys obligated or pledged for the payment of debt | 5654 |
| service except as provided in this section and in the applicable | 5655 |
| bond proceedings. The rights of the holders and owners to payment | 5656 |
| of debt service are limited to all or that portion of the pledged | 5657 |
| receipts, and those special funds, pledged to the payment of debt | 5658 |
| service pursuant to the bond proceedings in accordance with this | 5659 |
| section, and each obligation shall bear on its face a statement to | 5660 |
| that effect. | 5661 |
| Sec. 152.31. The Ohio building authority may construct and | 5662 |
| operate capital facilities for the housing of branches and | 5663 |
| agencies of state government, municipal corporations, counties, or | 5664 |
| other governmental entities, in any municipal corporation when the | 5665 |
| municipal corporation and the authority agree on a location and | 5666 |
| all of the following occur: | 5667 |
| (A) Two or more of such agencies or governmental entities | 5668 |
| submit to the authority an application requesting the authority to | 5669 |
| construct and operate capital facilities and expressing their | 5670 |
| intent to become the initial tenants of the capital facilities and | 5671 |
| to thereby occupy all of its available office space; | 5672 |
| (B) Any municipal corporation, county, township, or other | 5673 |
| governmental entities joining in the submission of an application | 5674 |
| pursuant to division (A) of this section further submits a lease | 5675 |
| committing it to occupy, for a period equal to the greater of | 5676 |
| twenty consecutive years from the date of initial occupancy or the | 5677 |
| term of any bonds issued by the authority for the capital | 5678 |
| facilities, the capital facilities that, through the application, | 5679 |
| it expressed its intent to initially occupy, and obligating it to | 5680 |
| pay such rent as the authority determines to be appropriate. | 5681 |
| Notwithstanding any other section of the Revised Code, any | 5682 |
| governmental entity may enter into such a lease and any such lease | 5683 |
| is legally sufficient to obligate the governmental entity for the | 5684 |
| term stated therein. Any such lease shall constitute an agreement | 5685 |
| described in division (E) of section 152.24 of the Revised Code. | 5686 |
| If rental payments required by a lease established pursuant | 5687 |
| to this division are not paid in accordance with the provision of | 5688 |
| such a lease, the funds which would otherwise be apportioned to | 5689 |
|
the lessees from the county undivided local | 5690 |
| fund, pursuant to sections 5747.51 to 5747.53 of the Revised Code, | 5691 |
| shall be reduced by the amount of rent payable to the authority. | 5692 |
| The county treasurer shall immediately pay the amount of such | 5693 |
| reductions to the authority. | 5694 |
| All rents charged by the authority for occupancy of such a | 5695 |
| capital facility shall be fixed and expended pursuant to section | 5696 |
| 152.16 of the Revised Code. Any lease with the department of | 5697 |
| administrative services with respect to such a capital facility | 5698 |
| may provide for rental payments that satisfy the requirements of | 5699 |
| section 152.16 of the Revised Code, but the amount of any rentals | 5700 |
| paid by other tenants in the capital facility pursuant to leases | 5701 |
| with the authority shall be credited against such rental payments | 5702 |
| of the department of administrative services. Any lease with the | 5703 |
| department of administrative services or a using state agency may | 5704 |
| provide for the payment of rental payments that satisfy the | 5705 |
| requirements of section 152.16 of the Revised Code prior to | 5706 |
| initial occupancy of such capital facility. In the process of | 5707 |
| inviting bids and awarding contracts, the authority shall be | 5708 |
| guided by the procedures set forth in sections 153.01 to 153.20 of | 5709 |
| the Revised Code. Any provision of sections 152.21, 152.22, and | 5710 |
| 152.26 of the Revised Code that applies to capital facilities | 5711 |
| described in section 152.19 of the Revised Code also applies to | 5712 |
| the capital facilities described in this section unless it is | 5713 |
| inconsistent with this section. | 5714 |
| Sec. 156.02. The director of administrative services may | 5715 |
| contract with an energy services company, contractor, architect, | 5716 |
| professional engineer, or other person experienced in the design | 5717 |
| and implementation of energy conservation measures for a report | 5718 |
| containing an analysis and recommendations pertaining to the | 5719 |
| implementation of energy conservation measures that would | 5720 |
| significantly reduce energy consumption and operating costs in any | 5721 |
| buildings owned by the state and, upon request of its board of | 5722 |
| trustees or managing authority, any building owned by an | 5723 |
| institution of higher education as defined in section 3345.12 of | 5724 |
| the Revised Code. The report shall include estimates of all costs | 5725 |
| of such measures, including the costs of design, engineering, | 5726 |
| installation, maintenance, repairs, and debt service, and | 5727 |
| estimates of the amounts by which energy consumption and operating | 5728 |
| costs would be reduced. The cost of each report requested by the | 5729 |
| board or managing authority of an institution of higher education | 5730 |
| shall be paid by the institution of higher education. | 5731 |
| Sec. 164.03. For the purpose of allocating the funds made | 5732 |
| available to finance public infrastructure capital improvement | 5733 |
| projects of local subdivisions through the issuance of general | 5734 |
| obligations of the state
of Ohio pursuant to Section 2k | 5735 |
| 2p of Article VIII, Ohio Constitution, the state is divided into | 5736 |
| the following districts: | 5737 |
| District one. Cuyahoga county shall constitute district one. | 5738 |
| District two. Hamilton county shall constitute district two. | 5739 |
| District three. Franklin county shall constitute district | 5740 |
| three. | 5741 |
| District four. Montgomery county shall constitute district | 5742 |
| four. | 5743 |
| District five. Defiance, Erie, Fulton, Henry, Ottawa, | 5744 |
| Paulding, Sandusky, Williams, and Wood counties shall constitute | 5745 |
| district five. | 5746 |
| District six. Mahoning and Trumbull counties shall constitute | 5747 |
| district six. | 5748 |
| District seven. Ashtabula, Geauga, Lake, and Portage counties | 5749 |
| shall constitute district seven. | 5750 |
| District eight. Summit county shall constitute district | 5751 |
| eight. | 5752 |
| District nine. Lorain, Huron, and Medina counties shall | 5753 |
| constitute district nine. | 5754 |
| District ten. Butler, Clermont, Clinton, and Warren counties | 5755 |
| shall constitute district ten. | 5756 |
| District eleven. Champaign, Clark, Darke, Greene, Madison, | 5757 |
| Miami, Preble, and Union counties shall constitute district | 5758 |
| eleven. | 5759 |
| District twelve. Lucas county shall constitute district | 5760 |
| twelve. | 5761 |
| District thirteen. Allen, Auglaize, Hancock, Logan, Mercer, | 5762 |
| Putnam, Shelby, and Van Wert counties shall constitute district | 5763 |
| thirteen. | 5764 |
| District fourteen. Carroll, Columbiana, Coshocton, Guernsey, | 5765 |
| Harrison, Holmes, Jefferson, and Tuscarawas counties shall | 5766 |
| constitute district fourteen. | 5767 |
| District fifteen. Adams, Brown, Fayette, Gallia, Highland, | 5768 |
| Jackson, Lawrence, Pike, Ross, Scioto, and Vinton counties shall | 5769 |
| constitute district fifteen. | 5770 |
| District sixteen. Ashland, Crawford, Hardin, Marion, | 5771 |
| Richland, Seneca, Wayne, and Wyandot counties shall constitute | 5772 |
| district sixteen. | 5773 |
| District seventeen. Delaware, Fairfield, Knox, Licking, | 5774 |
| Morrow, and Pickaway counties shall constitute district seventeen. | 5775 |
| District eighteen. Athens, Belmont, Hocking, Meigs, Monroe, | 5776 |
| Morgan, Muskingum, Noble, Perry, and Washington counties shall | 5777 |
| constitute district eighteen. | 5778 |
| District nineteen. Stark county shall constitute district | 5779 |
| nineteen. | 5780 |
| Sec. 164.05. (A) The director of the Ohio public works | 5781 |
| commission shall do all of the following: | 5782 |
| (1) Approve requests for financial assistance from district | 5783 |
| public works integrating committees and enter into agreements with | 5784 |
| one or more local subdivisions to provide loans, grants, and local | 5785 |
| debt support and credit enhancements for a capital improvement | 5786 |
| project if the director determines that: | 5787 |
| (a) The project is an eligible project pursuant to this | 5788 |
| chapter; | 5789 |
| (b) The financial assistance for the project has been | 5790 |
| properly approved and requested by the district committee of the | 5791 |
| district which includes the recipient of the loan or grant; | 5792 |
| (c) The amount of the financial assistance, when added to all | 5793 |
| other financial assistance provided during the fiscal year for | 5794 |
| projects within the district, does not exceed that district's | 5795 |
| allocation of money from the state capital improvements fund for | 5796 |
| that fiscal year; | 5797 |
| (d) The district committee has provided such documentation | 5798 |
| and other evidence as the director may require that the district | 5799 |
| committee has satisfied the requirements of section 164.06 or | 5800 |
| 164.14 of the Revised Code; | 5801 |
| (e) The portion of a district's annual allocation which the | 5802 |
| director approves in the form of loans and local debt support and | 5803 |
| credit enhancements for eligible projects is consistent with | 5804 |
| divisions (E) and (F) of this section. | 5805 |
| (2) Authorize payments to local subdivisions or their | 5806 |
| contractors for costs incurred for capital improvement projects | 5807 |
| which have been approved pursuant to this chapter. All requests | 5808 |
| for payments shall be submitted to the director on forms and in | 5809 |
| accordance with procedures specified in rules adopted by the | 5810 |
| director pursuant to division (A)(4) of this section. | 5811 |
| (3) Retain the services of or employ financial consultants, | 5812 |
| engineers, accountants, attorneys, and such other employees as the | 5813 |
| director determines are necessary to carry out the director's | 5814 |
| duties under this chapter and fix the compensation for their | 5815 |
| services; | 5816 |
| (4) Adopt rules establishing the procedures for making | 5817 |
| applications, reviewing, approving, and rejecting projects for | 5818 |
| which assistance is authorized under this chapter, and any other | 5819 |
| rules needed to implement the provisions of this chapter. Such | 5820 |
| rules shall be adopted under Chapter 119. of the Revised Code. | 5821 |
| (5) Provide information and other assistance to local | 5822 |
| subdivisions and district public works integrating committees in | 5823 |
| developing their requests for financial assistance for capital | 5824 |
| improvements under this chapter and encourage cooperation and | 5825 |
| coordination of requests and the development of multisubdivision | 5826 |
| and multidistrict projects in order to maximize the benefits that | 5827 |
| may be derived by districts from each year's allocation; | 5828 |
| (6) Require local subdivisions, to the extent practicable, to | 5829 |
| use Ohio products, materials, services, and labor in connection | 5830 |
| with any capital improvement project financed in whole or in part | 5831 |
| under this chapter; | 5832 |
| (7) Notify the director of budget and management of all | 5833 |
| approved projects, and supply all information necessary to track | 5834 |
| approved projects through the state accounting system; | 5835 |
| (8) Appoint the administrator of the Ohio small government | 5836 |
| capital improvements commission; | 5837 |
| (9) Do all other acts, enter into contracts, and execute all | 5838 |
| instruments necessary or appropriate to carry out this chapter; | 5839 |
| (10) Develop a standardized methodology for evaluating | 5840 |
| capital improvement needs which will be used by local subdivisions | 5841 |
| in preparing the plans required by division (C) of section 164.06 | 5842 |
| of the Revised Code. The director shall develop this methodology | 5843 |
| not later than July 1, 1991. | 5844 |
| (11) Establish a program to provide local subdivisions with | 5845 |
| technical assistance in preparing project applications. The | 5846 |
| program shall be designed to assist local subdivisions that lack | 5847 |
| the financial or technical resources to prepare project | 5848 |
| applications on their own. | 5849 |
| (B) When the director of the Ohio public works commission | 5850 |
| decides to conditionally approve or disapprove projects, the | 5851 |
| director's decisions and the reasons for which they are made shall | 5852 |
| be made in writing. These written decisions shall be conclusive | 5853 |
| for the purposes of the validity and enforceability of such | 5854 |
| determinations. | 5855 |
| (C) Fees, charges, rates of interest, times of payment of | 5856 |
| interest and principal, and other terms, conditions, and | 5857 |
| provisions of and security for financial assistance provided | 5858 |
| pursuant to the provisions of this chapter shall be such as the | 5859 |
| director determines to be appropriate. If any payments required by | 5860 |
| a loan agreement entered into pursuant to this chapter are not | 5861 |
| paid, the funds which would otherwise be apportioned to the local | 5862 |
|
subdivision from the county undivided local | 5863 |
| fund, pursuant to sections 5747.51 to 5747.53 of the Revised Code, | 5864 |
| may, at the direction of the director of the Ohio public works | 5865 |
| commission, be reduced by the amount payable. The county treasurer | 5866 |
| shall, at the direction of the director, pay the amount of such | 5867 |
| reductions to the state capital improvements revolving loan fund. | 5868 |
| The director may renegotiate a loan repayment schedule with a | 5869 |
| local subdivision whose payments from the county undivided local | 5870 |
| 5871 | |
| division, but such a renegotiation may occur only one time with | 5872 |
| respect to any particular loan agreement. | 5873 |
| (D) Grants approved for the repair and replacement of | 5874 |
| existing infrastructure pursuant to this chapter shall not exceed | 5875 |
| ninety per cent of the estimated total cost of the capital | 5876 |
| improvement project. Grants approved for new or expanded | 5877 |
| infrastructure shall not exceed fifty per cent of the estimated | 5878 |
| cost of the new or expansion elements of the capital improvement | 5879 |
| project. A local subdivision share of the estimated cost of a | 5880 |
| capital improvement may consist of any of the following: | 5881 |
| (1) The reasonable value, as determined by the director or | 5882 |
| the administrator, of labor, materials, and equipment that will be | 5883 |
| contributed by the local subdivision in performing the capital | 5884 |
| improvement project; | 5885 |
| (2) Moneys received by the local subdivision in any form from | 5886 |
| an authority, commission, or agency of the United States for use | 5887 |
| in performing the capital improvement project; | 5888 |
| (3) Loans made to the local subdivision under this chapter; | 5889 |
| (4) Engineering costs incurred by the local subdivision in | 5890 |
| performing engineering activities related to the project. | 5891 |
| A local subdivision share of the cost of a capital | 5892 |
| improvement shall not include any amounts awarded to it from the | 5893 |
| local transportation improvement program fund created in section | 5894 |
| 164.14 of the Revised Code. | 5895 |
| (E) The following portion of a district public works | 5896 |
| integrating committee's annual allocation share pursuant to | 5897 |
| section 164.08 of the Revised Code may be awarded to subdivisions | 5898 |
| only in the form of interest-free, low-interest, market rate of | 5899 |
| interest, or blended-rate loans: | 5900 |
| YEAR IN WHICH | PORTION USED FOR | 5901 | |||
| MONEYS ARE ALLOCATED | LOANS | 5902 | |||
| Year 1 | 0% | 5903 | |||
| Year 2 | 0% | 5904 | |||
| Year 3 | 10% | 5905 | |||
| Year 4 | 12% | 5906 | |||
| Year 5 | 15% | 5907 | |||
| Year 6 | 20% | 5908 | |||
| Year 7, 8, 9, and 10 | 22% | 5909 |
| (F) The following portion of a district public works | 5910 |
| integrating committee's annual allocation pursuant to section | 5911 |
| 164.08 of the Revised Code shall be awarded to subdivisions in the | 5912 |
| form of local debt supported and credit enhancements: | 5913 |
| PORTIONS USED FOR | 5914 | ||||
| YEAR IN WHICH | LOCAL DEBT SUPPORT | 5915 | |||
| MONEYS ARE ALLOCATED | AND CREDIT ENHANCEMENTS | 5916 | |||
| Year 1 | 0% | 5917 | |||
| Year 2 | 0% | 5918 | |||
| Year 3 | 3% | 5919 | |||
| Year 4 | 5% | 5920 | |||
| Year 5 | 5% | 5921 | |||
| Year 6 | 7% | 5922 | |||
| Year 7 | 7% | 5923 | |||
| Year 8 | 8% | 5924 | |||
| Year 9 | 8% | 5925 | |||
| Year 10 | 8% | 5926 |
| (G) For the period commencing on March 29, 1988 and ending on | 5927 |
| June 30, 1993, for the period commencing July 1, 1993, and ending | 5928 |
| June 30, 1999, and for each five-year period thereafter, the total | 5929 |
| amount of financial assistance awarded under sections 164.01 to | 5930 |
| 164.08 of the Revised Code for capital improvement projects | 5931 |
| located wholly or partially within a county shall be equal to at | 5932 |
| least thirty per cent of the amount of what the county would have | 5933 |
| been allocated from the obligations authorized to be sold under | 5934 |
| this chapter during each period, if such amounts had been | 5935 |
| allocable to each county on a per capita basis. | 5936 |
| (H) The amount of the annual allocations made pursuant to | 5937 |
| divisions (B)(1) and (6) of section 164.08 of the Revised Code | 5938 |
| which can be used for new or expanded infrastructure is limited as | 5939 |
| follows: | 5940 |
| PORTION WHICH MAY | 5941 | ||||
| YEAR IN WHICH | BE USED FOR NEW OR | 5942 | |||
| MONEYS ARE ALLOCATED | EXPANSION INFRASTRUCTURE | 5943 | |||
| Year 1 | 5% | 5944 | |||
| Year 2 | 5% | 5945 | |||
| Year 3 | 10% | 5946 | |||
| Year 4 | 10% | 5947 | |||
| Year 5 | 10% | 5948 | |||
| Year 6 | 15% | 5949 | |||
| Year 7 | 15% | 5950 | |||
| Year 8 | 20% | 5951 | |||
| Year 9 | 20% | 5952 | |||
| Year 10 and each year | 5953 | ||||
| thereafter | 20% | 5954 |
| (I) The following portion of a district public works | 5955 |
| integrating committee's annual allocation share pursuant to | 5956 |
| section 164.08 of the Revised Code shall be awarded to | 5957 |
| subdivisions in the form of interest-free, low-interest, market | 5958 |
| rate of interest, or blended-rate loans, or local debt support and | 5959 |
| credit enhancements: | 5960 |
| PORTION USED FOR LOANS | 5961 | ||
| YEAR IN WHICH | OR LOCAL DEBT SUPPORT | 5962 | |
| MONEYS ARE ALLOCATED | AND CREDIT ENHANCEMENTS | 5963 | |
| Year 11 and each year | 5964 | ||
| thereafter | 20% | 5965 |
| (J) No project shall be approved under this section unless | 5966 |
| the project is designed to have a useful life of at least seven | 5967 |
| years. In addition, the average useful life of all projects for | 5968 |
| which grants or loans are awarded in each district during a | 5969 |
| program year shall not be less than twenty years. | 5970 |
| Sec. 164.051. (A) The administrator of the Ohio small | 5971 |
| government capital improvements commission shall review projects | 5972 |
|
submitted to | 5973 |
| public works integrating committees in accordance with section | 5974 |
| 164.06 of the
Revised Code. If | 5975 |
| that a project satisfies the criteria of division (B) of that | 5976 |
| section, while taking into consideration the special needs of | 5977 |
| villages and townships, the administrator shall recommend to the | 5978 |
| Ohio small government capital improvements commission that the | 5979 |
| project be approved. If
| 5980 |
| project should not be approved or that a decision on the project | 5981 |
| should be delayed, such determinations and an explanation should | 5982 |
| also be sent to the Ohio small government capital improvements | 5983 |
| commission for final resolution. | 5984 |
| (B) With respect to projects which the Ohio small government | 5985 |
| capital improvements commission approves, the administrator is | 5986 |
| authorized to: | 5987 |
| (1) Enter into agreements to provide financial assistance in | 5988 |
| the form of loans, grants, or local debt support and credit | 5989 |
| enhancements to villages or townships with populations in the | 5990 |
| unincorporated areas of the township of less than five thousand; | 5991 |
| (2) Authorize payments to such villages or townships or their | 5992 |
| contractors for the costs incurred for capital improvement | 5993 |
| projects which have been approved in accordance with this chapter. | 5994 |
| All requests for payments shall be submitted to the administrator | 5995 |
| on forms and in accordance with procedures specified in rules | 5996 |
| adopted pursuant to division (A)(4) of section 164.05 of the | 5997 |
| Revised Code. | 5998 |
| (3) Notify the director of budget and management of all | 5999 |
| approved projects, and supply all information necessary to track | 6000 |
| the approved projects through the state accounting system. | 6001 |
| (4) Do all other acts and enter into contracts and execute | 6002 |
| all instruments necessary or appropriate to carry out this | 6003 |
| section. | 6004 |
| (C) Fees, charges, rates of interest, times of payment of | 6005 |
| interest and principal, and other terms, conditions, and | 6006 |
| provisions of and security for financial assistance provided | 6007 |
| pursuant to the provisions of this section shall be such as the | 6008 |
| administrator determines to be appropriate. If any payments | 6009 |
| required by a loan agreement entered into pursuant to this section | 6010 |
| are not paid, the funds which would otherwise be apportioned to | 6011 |
| the local subdivision from the county undivided
local | 6012 |
| communities fund, pursuant to sections 5747.51 to 5747.53 of the | 6013 |
| Revised Code, may, at the direction of the Ohio small government | 6014 |
| capital improvements commission, be reduced by the amount payable. | 6015 |
| The county treasurer shall, at the direction of the commission, | 6016 |
| pay the amount of such reductions to the state capital | 6017 |
| improvements revolving loan fund. Subject to the approval of the | 6018 |
| Ohio small government capital improvements commission, the | 6019 |
| administrator may renegotiate a loan repayment schedule with a | 6020 |
| local subdivision whose payments from the county undivided local | 6021 |
| 6022 | |
| division, but such a renegotiation may occur only one time with | 6023 |
| respect to any particular loan agreement. | 6024 |
| Sec. 164.08. (A) Except as provided in sections 151.01 and | 6025 |
| 151.08 or section 164.09 of the Revised Code, the net proceeds of | 6026 |
| obligations issued and sold by the treasurer of state pursuant to | 6027 |
| section 164.09 of the Revised Code before September 30, 2000, or | 6028 |
| pursuant to sections 151.01 and 151.08 of the Revised Code, for | 6029 |
| the purpose of financing or assisting in the financing of the cost | 6030 |
| of public infrastructure capital improvement projects of local | 6031 |
| subdivisions, as provided for in Section 2k | 6032 |
| Article VIII, Ohio Constitution, and this chapter, shall be paid | 6033 |
| into the state capital improvements fund, which is hereby created | 6034 |
| in the state treasury. Investment earnings on moneys in the fund | 6035 |
| shall be credited to the fund. | 6036 |
| (B) Each program year the amount of obligations authorized by | 6037 |
| the general assembly in accordance with sections 151.01 and 151.08 | 6038 |
| or section 164.09 of the Revised Code, excluding the proceeds of | 6039 |
| refunding or renewal obligations, shall be allocated by the | 6040 |
| director of the Ohio public works commission as follows: | 6041 |
| (1) First, twelve million dollars of the amount of | 6042 |
| obligations authorized shall be allocated to provide financial | 6043 |
| assistance to villages and to townships with populations in the | 6044 |
| unincorporated areas of the township of less than five thousand | 6045 |
| persons, for capital improvements in accordance with section | 6046 |
| 164.051 and division (D) of section 164.06 of the Revised Code. As | 6047 |
| used in division (B)(1) of this section, "capital improvements" | 6048 |
| includes resurfacing and improving roads. | 6049 |
| (2) Following the allocation required by division (B)(1) of | 6050 |
| this section, the director may allocate two million five hundred | 6051 |
| thousand dollars of the authorized obligations to provide | 6052 |
| financial assistance to local subdivisions for capital improvement | 6053 |
| projects which in the judgment of the director of the Ohio public | 6054 |
| works commission are necessary for the immediate preservation of | 6055 |
| the health, safety, and welfare of the citizens of the local | 6056 |
| subdivision requesting assistance. | 6057 |
| (3) For the second, third, fourth, and fifth years that | 6058 |
| obligations are authorized and are available for allocation under | 6059 |
| this chapter, one million dollars shall be allocated to the sewer | 6060 |
| and water fund created in section 1525.11 of the Revised Code. | 6061 |
| Money from this allocation shall be transferred to that fund when | 6062 |
| needed to support specific payments from that fund. | 6063 |
| (4) For program years twelve and fourteen that obligations | 6064 |
| are authorized and available for allocation under this chapter, | 6065 |
| two million dollars each program year shall be allocated to the | 6066 |
| small county capital improvement program for use in providing | 6067 |
| financial assistance under division (F) of section 164.02 of the | 6068 |
| Revised Code. | 6069 |
| (5) After the allocation required by division (B)(3) of this | 6070 |
| section is made, the director shall determine the amount of the | 6071 |
| remaining obligations authorized to be issued and sold that each | 6072 |
| county would receive if such amounts were allocated on a per | 6073 |
| capita basis each year. If a county's per capita share for the | 6074 |
| year would be less than three hundred thousand dollars, the | 6075 |
| director shall allocate to the district in which that county is | 6076 |
| located an amount equal to the difference between three hundred | 6077 |
| thousand dollars and the county's per capita share. | 6078 |
| (6) After making the allocation required by division (B)(5) | 6079 |
| of this section, the director shall allocate the remaining amount | 6080 |
| to each district on a per capita basis. | 6081 |
| (C)(1) There is hereby created in the state treasury the | 6082 |
| state capital improvements revolving loan fund, into which shall | 6083 |
| be deposited all repayments of loans made to local subdivisions | 6084 |
| for capital improvements pursuant to this chapter. Investment | 6085 |
| earnings on moneys in the fund shall be credited to the fund. | 6086 |
| (2) There may also be deposited in the state capital | 6087 |
| improvements revolving loan fund moneys obtained from federal or | 6088 |
| private grants, or from other sources, which are to be used for | 6089 |
| any of the purposes authorized by this chapter. Such moneys shall | 6090 |
| be allocated each year in accordance with division (B)(6) of this | 6091 |
| section. | 6092 |
| (3) Moneys deposited into the state capital improvements | 6093 |
| revolving loan fund shall be used to make loans for the purpose of | 6094 |
| financing or assisting in the financing of the cost of capital | 6095 |
| improvement projects of local subdivisions. | 6096 |
| (4) Investment earnings credited to the state capital | 6097 |
| improvements revolving loan fund that exceed the amounts required | 6098 |
| to meet estimated federal arbitrage rebate requirements shall be | 6099 |
| used to pay costs incurred by the public works commission in | 6100 |
| administering this section. Investment earnings credited to the | 6101 |
| state capital improvements revolving loan fund that exceed the | 6102 |
| amounts required to pay for the administrative costs and estimated | 6103 |
| rebate requirements shall be allocated to each district on a per | 6104 |
| capita basis. | 6105 |
| (5) Each program year, loan repayments received and on | 6106 |
| deposit in the state capital improvements revolving loan fund | 6107 |
| shall be allocated as follows: | 6108 |
| (a) Each district public works integrating committee shall be | 6109 |
| allocated an amount equal to the sum of all loan repayments made | 6110 |
| to the state capital improvements revolving loan fund by local | 6111 |
| subdivisions that are part of the district. Moneys not used in a | 6112 |
| program year may be used in the next program year in the same | 6113 |
| manner and for the same purpose as originally allocated. | 6114 |
| (b) Loan repayments made pursuant to projects approved under | 6115 |
| division (B)(1) of this section shall be used to make loans in | 6116 |
| accordance with section 164.051 and division (D) of section 164.06 | 6117 |
| of the Revised Code. Allocations for this purpose made pursuant to | 6118 |
| division (C)(5) of this section shall be in addition to the | 6119 |
| allocation provided in division (B)(1) of this section. | 6120 |
| (c) Loan repayments made pursuant to projects approved under | 6121 |
| division (B)(2) of this section shall be used to make loans in | 6122 |
| accordance with division (B)(2) of this section. Allocations for | 6123 |
| this purpose made pursuant to division (C)(5) of this section | 6124 |
| shall be in addition to the allocation provided in division (B)(2) | 6125 |
| of this section. | 6126 |
| (d) Loans made from the state capital improvements revolving | 6127 |
| loan fund shall not be limited in their usage by divisions (E), | 6128 |
| (F), (G), (H), and (I) of section 164.05 of the Revised Code. | 6129 |
| (D) Investment earnings credited to the state capital | 6130 |
| improvements fund that exceed the amounts required to meet | 6131 |
| estimated federal arbitrage rebate requirements shall be used to | 6132 |
| pay costs incurred by the public works commission in administering | 6133 |
| sections 164.01 to 164.12 of the Revised Code. | 6134 |
| (E) The director of the Ohio public works commission shall | 6135 |
| notify the director of budget and management of the amounts | 6136 |
| allocated pursuant to this section and such information shall be | 6137 |
| entered into the state accounting system. The director of budget | 6138 |
| and management shall establish appropriation line items as needed | 6139 |
| to track these allocations. | 6140 |
| (F) If the amount of a district's allocation in a program | 6141 |
| year exceeds the amount of financial assistance approved for the | 6142 |
| district by the commission for that year, the remaining portion of | 6143 |
| the district's allocation shall be added to the district's | 6144 |
| allocation pursuant to division (B) of this section for the next | 6145 |
| succeeding year for use in the same manner and for the same | 6146 |
| purposes as it was originally allocated, except that any portion | 6147 |
| of a district's allocation which was available for use on new or | 6148 |
| expanded infrastructure pursuant to division (H) of section 164.05 | 6149 |
| of the Revised Code shall be available in succeeding years only | 6150 |
| for the repair and replacement of existing infrastructure. | 6151 |
| (G) When an allocation based on population is made by the | 6152 |
| director pursuant to division (B) of this section, the director | 6153 |
| shall use the most recent decennial census statistics, and shall | 6154 |
| not make any reallocations based upon a change in a district's | 6155 |
| population. | 6156 |
| Sec. 164.09. (A) The issuer is authorized to issue and sell, | 6157 |
| as provided in this section and in amounts from time to time | 6158 |
| authorized by the general assembly, general obligations of this | 6159 |
| state for the purpose of financing or assisting in the financing | 6160 |
| of the costs of public infrastructure capital improvements for | 6161 |
| local subdivisions. The full faith and credit, revenues, and | 6162 |
| taxing power of the state are and shall be pledged to the timely | 6163 |
| payment of bond service charges on outstanding obligations, all in | 6164 |
| accordance with Section 2k or 2m of Article VIII, Ohio | 6165 |
| Constitution and sections 164.09 to 164.12 of the Revised Code, | 6166 |
| excluding from that pledge fees, excises, or taxes relating to the | 6167 |
| registration, operation, or use of vehicles on the public | 6168 |
| highways, or to fuels used for propelling those vehicles, and so | 6169 |
| long as such obligations are outstanding there shall be levied and | 6170 |
| collected excises and taxes, excluding those excepted above, in | 6171 |
| amounts sufficient to pay the bond service charges on such | 6172 |
| obligations and costs relating to credit facilities. | 6173 |
| (B)(1) The total principal amount of obligations issued | 6174 |
| pursuant to Section 2k of Article VIII, Ohio Constitution shall | 6175 |
| not exceed one billion two hundred million dollars, and not more | 6176 |
| than one hundred twenty million dollars in principal amount of | 6177 |
| obligations may be issued in any calendar year, all determined as | 6178 |
| provided in sections 164.09 to 164.12 of the Revised Code. | 6179 |
| (2) The total principal amount of obligations issued for the | 6180 |
| purposes of this section pursuant to Section 2m of Article VIII, | 6181 |
| Ohio Constitution, shall not exceed one billion two hundred | 6182 |
| million dollars. Not more than one hundred twenty million dollars | 6183 |
| in principal amount of such obligations, plus the principal amount | 6184 |
| of such obligations that in any prior fiscal years could have been | 6185 |
| but were not issued within the one-hundred-twenty-million-dollar | 6186 |
| fiscal year limit, may be issued in any fiscal year. No | 6187 |
| obligations shall be issued for the purposes of this section | 6188 |
| pursuant to Section 2m of Article VIII, Ohio Constitution, until | 6189 |
| at least one billion one hundred ninety-nine million five hundred | 6190 |
| thousand dollars aggregate principal amount of obligations have | 6191 |
| been issued pursuant to Section 2k of Article VIII, Ohio | 6192 |
| Constitution. The amounts specified under division (B)(2) of this | 6193 |
| section shall be determined as provided in sections 164.09 to | 6194 |
| 164.12 of the Revised Code. | 6195 |
| (C) Each issue of obligations shall be authorized by order of | 6196 |
| the issuer. The bond proceedings shall provide for the principal | 6197 |
| amount or maximum principal amount of obligations of an issue, and | 6198 |
| shall provide for or authorize the manner or agency for | 6199 |
| determining the principal maturity or maturities, not exceeding | 6200 |
| the earlier of thirty years from the date of issuance of the | 6201 |
| particular obligations or thirty years from the date the debt | 6202 |
| represented by the particular obligations was originally | 6203 |
| contracted, the interest rate or rates, the date of and the dates | 6204 |
| of payment of interest on the obligations, their denominations, | 6205 |
| and the establishment within or without the state of a place or | 6206 |
| places of payment of bond service charges. Sections 9.96 and 9.98 | 6207 |
| to 9.983 of the Revised Code are applicable to the obligations. | 6208 |
| The purpose of the obligations may be stated in the bond | 6209 |
| proceedings as "financing or assisting in the financing of local | 6210 |
| subdivisions capital improvement projects." | 6211 |
| (D) The proceeds of the obligations, except for any portion | 6212 |
| to be deposited in special funds, or in escrow funds for the | 6213 |
| purpose of refunding outstanding obligations, all as may be | 6214 |
| provided in the bond proceedings, shall be deposited to the state | 6215 |
| capital improvements fund established by section 164.08 of the | 6216 |
| Revised Code. | 6217 |
| (E) The issuer may appoint paying agents, bond registrars, | 6218 |
| securities depositories, and transfer agents, and may retain the | 6219 |
| services of financial advisers and accounting experts, and retain | 6220 |
| or contract for the services of marketing, remarketing, indexing, | 6221 |
| and administrative agents, other consultants, and independent | 6222 |
| contractors, including printing services, as are necessary in the | 6223 |
| issuer's judgment to carry out sections 164.01 to 164.12 of the | 6224 |
| Revised Code. Financing costs are payable, as provided in the bond | 6225 |
| proceedings, from the proceeds of the obligations, from special | 6226 |
| funds, or from other moneys available for the purpose. | 6227 |
| (F) The bond proceedings, including any trust agreement, may | 6228 |
| contain additional provisions customary or appropriate to the | 6229 |
| financing or to the obligations or to particular obligations, | 6230 |
| including but not limited to: | 6231 |
| (1) The redemption of obligations prior to maturity at the | 6232 |
| option of the state or of the holder or upon the occurrence of | 6233 |
| certain conditions at such price or prices and under such terms | 6234 |
| and conditions as are provided in the bond proceedings; | 6235 |
| (2) The form of and other terms of the obligations; | 6236 |
| (3) The establishment, deposit, investment, and application | 6237 |
| of special funds, and the safeguarding of moneys on hand or on | 6238 |
| deposit, without regard to Chapter 131. or 135. of the Revised | 6239 |
| Code, but subject to any special provisions of this section with | 6240 |
| respect to particular funds or moneys, and provided that any bank | 6241 |
| or trust company that acts as a depository of any moneys in | 6242 |
| special funds may furnish such indemnifying bonds or may pledge | 6243 |
| such securities as required by the issuer; | 6244 |
| (4) Any or every provision of the bond proceedings binding | 6245 |
| upon the issuer and such state agency or local subdivision, | 6246 |
| officer, board, commission, authority, agency, department, or | 6247 |
| other person or body as may from time to time have the authority | 6248 |
| under law to take such actions as may be necessary to perform all | 6249 |
| or any part of the duty required by such provision; | 6250 |
| (5) The maintenance of each pledge, any trust agreement, or | 6251 |
| other instrument comprising part of the bond proceedings until the | 6252 |
| state has fully paid or provided for the payment of the bond | 6253 |
| service charges on the obligations or met other stated conditions; | 6254 |
| (6) In the event of default in any payments required to be | 6255 |
| made by the bond proceedings, or any other agreement of the issuer | 6256 |
| made as a part of a contract under which the obligations were | 6257 |
| issued or secured, the enforcement of such payments or agreements | 6258 |
| by mandamus, suit in equity, action at law, or any combination of | 6259 |
| the foregoing; | 6260 |
| (7) The rights and remedies of the holders of obligations and | 6261 |
| of the trustee under any trust agreement, and provisions for | 6262 |
| protecting and enforcing them, including limitations on rights of | 6263 |
| individual holders of obligations; | 6264 |
| (8) The replacement of any obligations that become mutilated | 6265 |
| or are destroyed, lost, or stolen; | 6266 |
| (9) Provision for the funding, refunding, or advance | 6267 |
| refunding or other provision for payment of obligations which will | 6268 |
| then no longer be outstanding for purposes of this section or of | 6269 |
| the bond proceedings; | 6270 |
| (10) Any provision that may be made in bond proceedings or a | 6271 |
| trust agreement, including provision for amendment of the bond | 6272 |
| proceedings; | 6273 |
| (11) Such other provisions as the issuer determines, | 6274 |
| including limitations, conditions, or qualifications relating to | 6275 |
| any of the foregoing; | 6276 |
| (12) Any other or additional agreements with the holders of | 6277 |
| the obligations relating to the obligations or the security for | 6278 |
| the obligations. | 6279 |
| (G) The great seal of the state or a facsimile of that seal | 6280 |
| may be affixed to or printed on the obligations. The obligations | 6281 |
| requiring signature by the issuer shall be signed by or bear the | 6282 |
| facsimile signature of the issuer as provided in the bond | 6283 |
| proceedings. Any obligations may be signed by the person who, on | 6284 |
| the date of execution, is the authorized signer although on the | 6285 |
| date of such obligations such person was not the issuer. In case | 6286 |
| the person whose signature or a facsimile of whose signature | 6287 |
| appears on any obligation ceases to be the issuer before delivery | 6288 |
| of the obligation, such signature or facsimile is nevertheless | 6289 |
| valid and sufficient for all purposes as if the person had | 6290 |
| remained the member until such delivery, and in case the seal to | 6291 |
| be affixed to or printed on obligations has been changed after the | 6292 |
| seal has been affixed to or a facsimile of the seal has been | 6293 |
| printed on the obligations, that seal or facsimile seal shall | 6294 |
| continue to be sufficient as to those obligations and obligations | 6295 |
| issued in substitution or exchange therefor. | 6296 |
| (H) The obligations are negotiable instruments and securities | 6297 |
| under Chapter 1308. of the Revised Code, subject to the provisions | 6298 |
| of the bond proceedings as to registration. Obligations may be | 6299 |
| issued in coupon or in fully registered form, or both, as the | 6300 |
| issuer determines. Provision may be made for the registration of | 6301 |
| any obligations with coupons attached as to principal alone or as | 6302 |
| to both principal and interest, their exchange for obligations so | 6303 |
| registered, and for the conversion or reconversion into | 6304 |
| obligations with coupons attached of any obligations registered as | 6305 |
| to both principal and interest, and for reasonable charges for | 6306 |
| such registration, exchange, conversion, and reconversion. Pending | 6307 |
| preparation of definitive obligations, the issuer may issue | 6308 |
| interim receipts or certificates which shall be exchanged for such | 6309 |
| definitive obligations. | 6310 |
| (I) Obligations may be sold at public sale or at private | 6311 |
| sale, and at such price at, above, or below par, as determined by | 6312 |
| the issuer in the bond proceedings. | 6313 |
| (J) In the discretion of the issuer, obligations may be | 6314 |
| secured additionally by a trust agreement between the state and a | 6315 |
| corporate trustee which may be any trust company or bank having | 6316 |
| 6317 | |
| agreement may contain the order authorizing the issuance of the | 6318 |
| obligations, any provisions that may be contained in the bond | 6319 |
| proceedings, and other provisions that are customary or | 6320 |
| appropriate in an agreement of the type. | 6321 |
| (K) Except to the extent that their rights are restricted by | 6322 |
| the bond proceedings, any holder of obligations, or a trustee | 6323 |
| under the bond proceedings, may by any suitable form of legal | 6324 |
| proceedings protect and enforce any rights under the laws of this | 6325 |
| state or granted by the bond proceedings. Such rights include the | 6326 |
| right to compel the performance of all duties of the issuer and | 6327 |
| the state. Each duty of the issuer and the issuer's employees, and | 6328 |
| of each state agency and local public entity and its officers, | 6329 |
| members, or employees, undertaken pursuant to the bond | 6330 |
| proceedings, is hereby established as a duty of the issuer, and of | 6331 |
| each such agency, local subdivision, officer, member, or employee | 6332 |
| having authority to perform such duty, specifically enjoined by | 6333 |
| the law and resulting from an office, trust, or station within the | 6334 |
| meaning of section 2731.01 of the Revised Code. The persons who | 6335 |
| are at the time the issuer, or the issuer's employees, are not | 6336 |
| liable in their personal capacities on any obligations or any | 6337 |
| agreements of or with the issuer relating to obligations or under | 6338 |
| the bond proceedings. | 6339 |
| (L) Obligations are lawful investments for banks, societies | 6340 |
| for savings, savings and loan associations, deposit guarantee | 6341 |
| associations, trust companies, trustees, fiduciaries, insurance | 6342 |
| companies, including domestic for life and domestic not for life, | 6343 |
| trustees or other officers having charge of sinking and bond | 6344 |
| retirement or other special funds of political subdivisions and | 6345 |
| taxing districts of this state, the commissioners of the sinking | 6346 |
| fund, the administrator of workers' compensation, the state | 6347 |
| teachers retirement system, the public employees retirement | 6348 |
| system, the school employees retirement system, and the Ohio | 6349 |
| police and fire pension fund, notwithstanding any other provisions | 6350 |
| of the Revised Code or rules adopted pursuant thereto by any state | 6351 |
| agency with respect to investments by them, and are also | 6352 |
| acceptable as security for the deposit of public moneys. | 6353 |
| (M) Unless otherwise provided in any applicable bond | 6354 |
| proceedings, moneys to the credit of or in the special funds | 6355 |
| established by or pursuant to this section may be invested by or | 6356 |
| on behalf of the issuer only in notes, bonds, or other direct | 6357 |
| obligations of the United States or of any agency or | 6358 |
| instrumentality of the United States, in obligations of this state | 6359 |
| or any political subdivision of this state, in certificates of | 6360 |
| deposit of any national bank located in this state and any bank, | 6361 |
| as defined in section 1101.01 of the Revised Code, subject to | 6362 |
| inspection by the superintendent of financial institutions, in the | 6363 |
| Ohio subdivision's fund established pursuant to section 135.45 of | 6364 |
| the Revised Code, in no-front-end-load money market mutual funds | 6365 |
| consisting exclusively of direct obligations of the United States | 6366 |
| or of an agency or instrumentality of the United States, and in | 6367 |
| repurchase agreements, including those issued by any fiduciary, | 6368 |
| secured by direct obligations of the United States or an agency or | 6369 |
| instrumentality of the United States, and in collective investment | 6370 |
| funds established in accordance with section 1111.14 of the | 6371 |
| Revised Code and consisting exclusively of direct obligations of | 6372 |
| the United States or of an agency or instrumentality of the United | 6373 |
| States, notwithstanding division (A)(1)(c) of that section. The | 6374 |
| income from investments shall be credited to such special funds or | 6375 |
| otherwise as the issuer determines in the bond proceedings, and | 6376 |
| the investments may be sold or exchanged at such times as the | 6377 |
| issuer determines or authorizes. | 6378 |
| (N) Unless otherwise provided in any applicable bond | 6379 |
| proceedings, moneys to the credit of or in a special fund shall be | 6380 |
| disbursed on the order of the issuer, provided that no such order | 6381 |
| is required for the payment from the bond service fund or other | 6382 |
| special fund when due of bond service charges or required payments | 6383 |
| under credit facilities. | 6384 |
| (O) The issuer may covenant in the bond proceedings, and any | 6385 |
| such covenants shall be controlling notwithstanding any other | 6386 |
| provision of law, that the state and the applicable officers and | 6387 |
| agencies of the state, including the general assembly, so long as | 6388 |
| any obligations are outstanding in accordance with their terms, | 6389 |
| shall maintain statutory authority for and cause to be charged and | 6390 |
| collected taxes, excises, and other receipts of the state so that | 6391 |
| the receipts to the bond service fund shall be sufficient in | 6392 |
| amounts to meet bond service charges and for the establishment and | 6393 |
| maintenance of any reserves and other requirements, including | 6394 |
| payment of financing costs, provided for in the bond proceedings. | 6395 |
| (P) The obligations, and the transfer of, and the interest | 6396 |
| and other income from, including any profit made on the sale, | 6397 |
| transfer, or other disposition of, the obligations shall at all | 6398 |
| times be free from taxation, direct or indirect, within the state. | 6399 |
| (Q) Unless a judicial action or proceeding challenging the | 6400 |
| validity of obligations is commenced by personal service on the | 6401 |
| treasurer of state prior to the initial delivery of an issue of | 6402 |
| the obligations, the obligations of that issue and the bond | 6403 |
| proceedings pertaining to that issue are incontestable and those | 6404 |
| obligations shall be conclusively considered to be and to have | 6405 |
| been issued, secured, payable, sold, executed, and delivered, and | 6406 |
| the bond proceedings relating to them taken, in conformity with | 6407 |
| law if all of the following apply to the obligations: | 6408 |
| (1) They state that they are issued under the provisions of | 6409 |
| this section and comply on their face with those provisions; | 6410 |
| (2) They are issued within the limitations prescribed by this | 6411 |
| section; | 6412 |
| (3) Their purchase price has been paid in full; | 6413 |
| (4) They state that all the bond proceedings were held in | 6414 |
| compliance with law, which statement creates a conclusive | 6415 |
| presumption that the bond proceedings were held in compliance with | 6416 |
| all laws, including section 121.22 of the Revised Code, where | 6417 |
| applicable, and rules. | 6418 |
| (R) This section applies only with respect to obligations | 6419 |
| issued and delivered before September 30, 2000. | 6420 |
| Sec. 166.08. (A) As used in this chapter: | 6421 |
| (1) "Bond proceedings" means the resolution, order, trust | 6422 |
| agreement, indenture, lease, and other agreements, amendments and | 6423 |
| supplements to the foregoing, or any one or more or combination | 6424 |
| thereof, authorizing or providing for the terms and conditions | 6425 |
| applicable to, or providing for the security or liquidity of, | 6426 |
| obligations issued pursuant to this section, and the provisions | 6427 |
| contained in such obligations. | 6428 |
| (2) "Bond service charges" means principal, including | 6429 |
| mandatory sinking fund requirements for retirement of obligations, | 6430 |
| and interest, and redemption premium, if any, required to be paid | 6431 |
| by the state on obligations. | 6432 |
| (3) "Bond service fund" means the applicable fund and | 6433 |
| accounts therein created for and pledged to the payment of bond | 6434 |
| service charges, which may be, or may be part of, the economic | 6435 |
| development bond service fund created by division (S) of this | 6436 |
| section including all moneys and investments, and earnings from | 6437 |
| investments, credited and to be credited thereto. | 6438 |
| (4) "Issuing authority" means the treasurer of state, or the | 6439 |
| officer who by law performs the functions of such officer. | 6440 |
| (5) "Obligations" means bonds, notes, or other evidence of | 6441 |
| obligation including interest coupons pertaining thereto, issued | 6442 |
| pursuant to this section. | 6443 |
| (6) "Pledged receipts" means all receipts of the state | 6444 |
| representing the gross profit on the sale of spirituous liquor, as | 6445 |
| referred to in division (B)(4) of section 4301.10 of the Revised | 6446 |
| Code, after paying all costs and expenses of the division of | 6447 |
| liquor control and providing an adequate working capital reserve | 6448 |
| for the division of liquor control as provided in that division, | 6449 |
| but excluding the sum required by the second paragraph of section | 6450 |
| 4301.12 of the Revised Code, as in effect on May 2, 1980, to be | 6451 |
| paid into the state treasury; moneys accruing to the state from | 6452 |
| the lease, sale, or other disposition, or use, of project | 6453 |
| facilities, and from the repayment, including interest, of loans | 6454 |
| made from proceeds received from the sale of obligations; accrued | 6455 |
| interest received from the sale of obligations; income from the | 6456 |
| investment of the special funds; and any gifts, grants, donations, | 6457 |
| and pledges, and receipts therefrom, available for the payment of | 6458 |
| bond service charges. | 6459 |
| (7) "Special funds" or "funds" means, except where the | 6460 |
| context does not permit, the bond service fund, and any other | 6461 |
| funds, including reserve funds, created under the bond | 6462 |
| proceedings, and the economic development bond service fund | 6463 |
| created by division (S) of this section to the extent provided in | 6464 |
| the bond proceedings, including all moneys and investments, and | 6465 |
| earnings from investment, credited and to be credited thereto. | 6466 |
| (B) Subject to the limitations provided in section 166.11 of | 6467 |
| the Revised Code, the issuing authority, upon the certification by | 6468 |
| the director of development to the issuing authority of the amount | 6469 |
| of moneys or additional moneys needed in the facilities | 6470 |
| establishment fund, the loan guarantee fund, the innovation Ohio | 6471 |
| loan fund, the innovation Ohio loan guarantee fund, or the | 6472 |
| research and development loan fund for the purpose of paying, or | 6473 |
| making loans for, allowable costs from the facilities | 6474 |
| establishment fund, allowable innovation costs from the innovation | 6475 |
| Ohio loan fund, or allowable costs from the research and | 6476 |
| development loan fund, or needed for capitalized interest, for | 6477 |
| funding reserves, and for paying costs and expenses incurred in | 6478 |
| connection with the issuance, carrying, securing, paying, | 6479 |
| redeeming, or retirement of the obligations or any obligations | 6480 |
| refunded thereby, including payment of costs and expenses relating | 6481 |
| to letters of credit, lines of credit, insurance, put agreements, | 6482 |
| standby purchase agreements, indexing, marketing, remarketing and | 6483 |
| administrative arrangements, interest swap or hedging agreements, | 6484 |
| and any other credit enhancement, liquidity, remarketing, renewal, | 6485 |
| or refunding arrangements, all of which are authorized by this | 6486 |
| section, or providing moneys for the loan guarantee fund or the | 6487 |
| innovation Ohio loan guarantee fund, as provided in this chapter | 6488 |
| or needed for the purposes of funds established in accordance with | 6489 |
| or pursuant to sections 122.35, 122.42, 122.54, 122.55, 122.56, | 6490 |
| 122.561, 122.57, and 122.80 of the Revised Code which are within | 6491 |
| the authorization of Section 13 of Article VIII, Ohio | 6492 |
| Constitution, shall issue obligations of the state under this | 6493 |
| section in the required amount; provided that such obligations may | 6494 |
| be issued to satisfy the covenants in contracts of guarantee made | 6495 |
| under section 166.06 or 166.15 of the Revised Code, | 6496 |
| notwithstanding limitations otherwise applicable to the issuance | 6497 |
| of obligations under this section. The proceeds of such | 6498 |
| obligations, except for the portion to be deposited in special | 6499 |
| funds, including reserve funds, as may be provided in the bond | 6500 |
| proceedings, shall as provided in the bond proceedings be | 6501 |
| deposited by the director of development to the facilities | 6502 |
| establishment fund, the loan guarantee fund, the innovation Ohio | 6503 |
| loan guarantee fund, the innovation Ohio loan fund, or the | 6504 |
| research and development loan fund. Bond proceedings for project | 6505 |
| financing obligations may provide that the proceeds derived from | 6506 |
| the issuance of such obligations shall be deposited into such fund | 6507 |
| or funds provided for in the bond proceedings and, to the extent | 6508 |
| provided for in the bond proceedings, such proceeds shall be | 6509 |
| deemed to have been deposited into the facilities establishment | 6510 |
| fund and transferred to such fund or funds. The issuing authority | 6511 |
| may appoint trustees, paying agents, and transfer agents and may | 6512 |
| retain the services of financial advisors, accounting experts, and | 6513 |
| attorneys, and retain or contract for the services of marketing, | 6514 |
| remarketing, indexing, and administrative agents, other | 6515 |
| consultants, and independent contractors, including printing | 6516 |
| services, as are necessary in the issuing authority's judgment to | 6517 |
| carry out this section. The costs of such services are allowable | 6518 |
| costs payable from the facilities establishment fund or the | 6519 |
| research and development loan fund or allowable innovation costs | 6520 |
| payable from the innovation Ohio loan fund. | 6521 |
| (C) The holders or owners of such obligations shall have no | 6522 |
| right to have moneys raised by taxation obligated or pledged, and | 6523 |
| moneys raised by taxation shall not be obligated or pledged, for | 6524 |
| the payment of bond service charges. Such holders or owners shall | 6525 |
| have no rights to payment of bond service charges from any moneys | 6526 |
| accruing to the state from the lease, sale, or other disposition, | 6527 |
| or use, of project facilities, or from payment of the principal of | 6528 |
| or interest on loans made, or fees charged for guarantees made, or | 6529 |
| from any money or property received by the director, treasurer of | 6530 |
| state, or the state under Chapter 122. of the Revised Code, or | 6531 |
| from any other use of the proceeds of the sale of the obligations, | 6532 |
| and no such moneys may be used for the payment of bond service | 6533 |
| charges, except for accrued interest, capitalized interest, and | 6534 |
| reserves funded from proceeds received upon the sale of the | 6535 |
| obligations and except as otherwise expressly provided in the | 6536 |
| applicable bond proceedings pursuant to written directions by the | 6537 |
| director. The right of such holders and owners to payment of bond | 6538 |
| service charges is limited to all or that portion of the pledged | 6539 |
| receipts and those special funds pledged thereto pursuant to the | 6540 |
| bond proceedings in accordance with this section, and each such | 6541 |
| obligation shall bear on its face a statement to that effect. | 6542 |
| (D) Obligations shall be authorized by resolution or order of | 6543 |
| the issuing authority and the bond proceedings shall provide for | 6544 |
| the purpose thereof and the principal amount or amounts, and shall | 6545 |
| provide for or authorize the manner or agency for determining the | 6546 |
| principal maturity or maturities, not exceeding twenty-five years | 6547 |
| from the date of issuance, the interest rate or rates or the | 6548 |
| maximum interest rate, the date of the obligations and the dates | 6549 |
| of payment of interest thereon, their denomination, and the | 6550 |
| establishment within or without the state of a place or places of | 6551 |
| payment of bond service charges. Sections 9.98 to 9.983 of the | 6552 |
| Revised Code are applicable to obligations issued under this | 6553 |
| section, subject to any applicable limitation under section 166.11 | 6554 |
| of the Revised Code. The purpose of such obligations may be stated | 6555 |
| in the bond proceedings in terms describing the general purpose or | 6556 |
| purposes to be served. The bond proceedings also shall provide, | 6557 |
| subject to the provisions of any other applicable bond | 6558 |
| proceedings, for the pledge of all, or such part as the issuing | 6559 |
| authority may determine, of the pledged receipts and the | 6560 |
| applicable special fund or funds to the payment of bond service | 6561 |
| charges, which pledges may be made either prior or subordinate to | 6562 |
| other expenses, claims, or payments, and may be made to secure the | 6563 |
| obligations on a parity with obligations theretofore or thereafter | 6564 |
| issued, if and to the extent provided in the bond proceedings. The | 6565 |
| pledged receipts and special funds so pledged and thereafter | 6566 |
| received by the state are immediately subject to the lien of such | 6567 |
| pledge without any physical delivery thereof or further act, and | 6568 |
| the lien of any such pledges is valid and binding against all | 6569 |
| parties having claims of any kind against the state or any | 6570 |
| governmental agency of the state, irrespective of whether such | 6571 |
| parties have notice thereof, and shall create a perfected security | 6572 |
| interest for all purposes of Chapter 1309. of the Revised Code, | 6573 |
| without the necessity for separation or delivery of funds or for | 6574 |
| the filing or recording of the bond proceedings by which such | 6575 |
| pledge is created or any certificate, statement or other document | 6576 |
| with respect thereto; and the pledge of such pledged receipts and | 6577 |
| special funds is effective and the money therefrom and thereof may | 6578 |
| be applied to the purposes for which pledged without necessity for | 6579 |
| any act of appropriation. Every pledge, and every covenant and | 6580 |
| agreement made with respect thereto, made in the bond proceedings | 6581 |
| may therein be extended to the benefit of the owners and holders | 6582 |
| of obligations authorized by this section, and to any trustee | 6583 |
| therefor, for the further security of the payment of the bond | 6584 |
| service charges. | 6585 |
| (E) The bond proceedings may contain additional provisions as | 6586 |
| to: | 6587 |
| (1) The redemption of obligations prior to maturity at the | 6588 |
| option of the issuing authority at such price or prices and under | 6589 |
| such terms and conditions as are provided in the bond proceedings; | 6590 |
| (2) Other terms of the obligations; | 6591 |
| (3) Limitations on the issuance of additional obligations; | 6592 |
| (4) The terms of any trust agreement or indenture securing | 6593 |
| the obligations or under which the same may be issued; | 6594 |
| (5) The deposit, investment and application of special funds, | 6595 |
| and the safeguarding of moneys on hand or on deposit, without | 6596 |
| regard to Chapter 131. or 135. of the Revised Code, but subject to | 6597 |
| any special provisions of this chapter, with respect to particular | 6598 |
| funds or moneys, provided that any bank or trust company which | 6599 |
| acts as depository of any moneys in the special funds may furnish | 6600 |
| such indemnifying bonds or may pledge such securities as required | 6601 |
| by the issuing authority; | 6602 |
| (6) Any or every provision of the bond proceedings being | 6603 |
| binding upon such officer, board, commission, authority, agency, | 6604 |
| department, or other person or body as may from time to time have | 6605 |
| the authority under law to take such actions as may be necessary | 6606 |
| to perform all or any part of the duty required by such provision; | 6607 |
| (7) Any provision that may be made in a trust agreement or | 6608 |
| indenture; | 6609 |
| (8) Any other or additional agreements with the holders of | 6610 |
| the obligations, or the trustee therefor, relating to the | 6611 |
| obligations or the security therefor, including the assignment of | 6612 |
| mortgages or other security obtained or to be obtained for loans | 6613 |
| under section 122.43, 166.07, or 166.16 of the Revised Code. | 6614 |
| (F) The obligations may have the great seal of the state or a | 6615 |
| facsimile thereof affixed thereto or printed thereon. The | 6616 |
| obligations and any coupons pertaining to obligations shall be | 6617 |
| signed or bear the facsimile signature of the issuing authority. | 6618 |
| Any obligations or coupons may be executed by the person who, on | 6619 |
| the date of execution, is the proper issuing authority although on | 6620 |
| the date of such bonds or coupons such person was not the issuing | 6621 |
| authority. If the issuing authority whose signature or a facsimile | 6622 |
| of whose signature appears on any such obligation or coupon ceases | 6623 |
| to be the issuing authority before delivery thereof, such | 6624 |
| signature or facsimile is nevertheless valid and sufficient for | 6625 |
| all purposes as if the former issuing authority had remained the | 6626 |
| issuing authority until such delivery; and if the seal to be | 6627 |
| affixed to obligations has been changed after a facsimile of the | 6628 |
| seal has been imprinted on such obligations, such facsimile seal | 6629 |
| shall continue to be sufficient as to such obligations and | 6630 |
| obligations issued in substitution or exchange therefor. | 6631 |
| (G) All obligations are negotiable instruments and securities | 6632 |
| under Chapter 1308. of the Revised Code, subject to the provisions | 6633 |
| of the bond proceedings as to registration. The obligations may be | 6634 |
| issued in coupon or in registered form, or both, as the issuing | 6635 |
| authority determines. Provision may be made for the registration | 6636 |
| of any obligations with coupons attached thereto as to principal | 6637 |
| alone or as to both principal and interest, their exchange for | 6638 |
| obligations so registered, and for the conversion or reconversion | 6639 |
| into obligations with coupons attached thereto of any obligations | 6640 |
| registered as to both principal and interest, and for reasonable | 6641 |
| charges for such registration, exchange, conversion, and | 6642 |
| reconversion. | 6643 |
| (H) Obligations may be sold at public sale or at private | 6644 |
| sale, as determined in the bond proceedings. | 6645 |
| Obligations issued to provide moneys for the loan guarantee | 6646 |
| fund or the innovation Ohio loan guarantee fund may, as determined | 6647 |
| by the issuing authority, be sold at private sale, and without | 6648 |
| publication of a notice of sale. | 6649 |
| (I) Pending preparation of definitive obligations, the | 6650 |
| issuing authority may issue interim receipts or certificates which | 6651 |
| shall be exchanged for such definitive obligations. | 6652 |
| (J) In the discretion of the issuing authority, obligations | 6653 |
| may be secured additionally by a trust agreement or indenture | 6654 |
| between the issuing authority and a corporate trustee which may be | 6655 |
|
any trust company or bank having | 6656 |
| within the state. Any such agreement or indenture may contain the | 6657 |
| resolution or order authorizing the issuance of the obligations, | 6658 |
| any provisions that may be contained in any bond proceedings, and | 6659 |
| other provisions which are customary or appropriate in an | 6660 |
| agreement or indenture of such type, including, but not limited | 6661 |
| to: | 6662 |
| (1) Maintenance of each pledge, trust agreement, indenture, | 6663 |
| or other instrument comprising part of the bond proceedings until | 6664 |
| the state has fully paid the bond service charges on the | 6665 |
| obligations secured thereby, or provision therefor has been made; | 6666 |
| (2) In the event of default in any payments required to be | 6667 |
| made by the bond proceedings, or any other agreement of the | 6668 |
| issuing authority made as a part of the contract under which the | 6669 |
| obligations were issued, enforcement of such payments or agreement | 6670 |
| by mandamus, the appointment of a receiver, suit in equity, action | 6671 |
| at law, or any combination of the foregoing; | 6672 |
| (3) The rights and remedies of the holders of obligations and | 6673 |
| of the trustee, and provisions for protecting and enforcing them, | 6674 |
| including limitations on rights of individual holders of | 6675 |
| obligations; | 6676 |
| (4) The replacement of any obligations that become mutilated | 6677 |
| or are destroyed, lost, or stolen; | 6678 |
| (5) Such other provisions as the trustee and the issuing | 6679 |
| authority agree upon, including limitations, conditions, or | 6680 |
| qualifications relating to any of the foregoing. | 6681 |
| (K) Any holders of obligations or trustees under the bond | 6682 |
| proceedings, except to the extent that their rights are restricted | 6683 |
| by the bond proceedings, may by any suitable form of legal | 6684 |
| proceedings, protect and enforce any rights under the laws of this | 6685 |
| state or granted by such bond proceedings. Such rights include the | 6686 |
| right to compel the performance of all duties of the issuing | 6687 |
| authority, the director of development, or the division of liquor | 6688 |
| control required by this chapter or the bond proceedings; to | 6689 |
| enjoin unlawful activities; and in the event of default with | 6690 |
| respect to the payment of any bond service charges on any | 6691 |
| obligations or in the performance of any covenant or agreement on | 6692 |
| the part of the issuing authority, the director of development, or | 6693 |
| the division of liquor control in the bond proceedings, to apply | 6694 |
| to a court having jurisdiction of the cause to appoint a receiver | 6695 |
| to receive and administer the pledged receipts and special funds, | 6696 |
| other than those in the custody of the treasurer of state, which | 6697 |
| are pledged to the payment of the bond service charges on such | 6698 |
| obligations or which are the subject of the covenant or agreement, | 6699 |
| with full power to pay, and to provide for payment of bond service | 6700 |
| charges on, such obligations, and with such powers, subject to the | 6701 |
| direction of the court, as are accorded receivers in general | 6702 |
| equity cases, excluding any power to pledge additional revenues or | 6703 |
| receipts or other income or moneys of the issuing authority or the | 6704 |
| state or governmental agencies of the state to the payment of such | 6705 |
| principal and interest and excluding the power to take possession | 6706 |
| of, mortgage, or cause the sale or otherwise dispose of any | 6707 |
| project facilities. | 6708 |
| Each duty of the issuing authority and the issuing | 6709 |
| authority's officers and employees, and of each governmental | 6710 |
| agency and its officers, members, or employees, undertaken | 6711 |
| pursuant to the bond proceedings or any agreement or lease, | 6712 |
| lease-purchase agreement, or loan made under authority of this | 6713 |
| chapter, and in every agreement by or with the issuing authority, | 6714 |
| is hereby established as a duty of the issuing authority, and of | 6715 |
| each such officer, member, or employee having authority to perform | 6716 |
| such duty, specifically enjoined by the law resulting from an | 6717 |
| office, trust, or station within the meaning of section 2731.01 of | 6718 |
| the Revised Code. | 6719 |
| The person who is at the time the issuing authority, or the | 6720 |
| issuing authority's officers or employees, are not liable in their | 6721 |
| personal capacities on any obligations issued by the issuing | 6722 |
| authority or any agreements of or with the issuing authority. | 6723 |
| (L) The issuing authority may authorize and issue obligations | 6724 |
| for the refunding, including funding and retirement, and advance | 6725 |
| refunding with or without payment or redemption prior to maturity, | 6726 |
| of any obligations previously issued by the issuing authority. | 6727 |
| Such obligations may be issued in amounts sufficient for payment | 6728 |
| of the principal amount of the prior obligations, any redemption | 6729 |
| premiums thereon, principal maturities of any such obligations | 6730 |
| maturing prior to the redemption of the remaining obligations on a | 6731 |
| parity therewith, interest accrued or to accrue to the maturity | 6732 |
| dates or dates of redemption of such obligations, and any | 6733 |
| allowable costs including expenses incurred or to be incurred in | 6734 |
| connection with such issuance and such refunding, funding, and | 6735 |
| retirement. Subject to the bond proceedings therefor, the portion | 6736 |
| of proceeds of the sale of obligations issued under this division | 6737 |
| to be applied to bond service charges on the prior obligations | 6738 |
| shall be credited to an appropriate account held by the trustee | 6739 |
| for such prior or new obligations or to the appropriate account in | 6740 |
| the bond service fund for such obligations. Obligations authorized | 6741 |
| under this division shall be deemed to be issued for those | 6742 |
| purposes for which such prior obligations were issued and are | 6743 |
| subject to the provisions of this section pertaining to other | 6744 |
| obligations, except as otherwise provided in this section; | 6745 |
| provided that, unless otherwise authorized by the general | 6746 |
| assembly, any limitations imposed by the general assembly pursuant | 6747 |
| to this section with respect to bond service charges applicable to | 6748 |
| the prior obligations shall be applicable to the obligations | 6749 |
| issued under this division to refund, fund, advance refund or | 6750 |
| retire such prior obligations. | 6751 |
| (M) The authority to issue obligations under this section | 6752 |
| includes authority to issue obligations in the form of bond | 6753 |
| anticipation notes and to renew the same from time to time by the | 6754 |
| issuance of new notes. The holders of such notes or interest | 6755 |
| coupons pertaining thereto shall have a right to be paid solely | 6756 |
| from the pledged receipts and special funds that may be pledged to | 6757 |
| the payment of the bonds anticipated, or from the proceeds of such | 6758 |
| bonds or renewal notes, or both, as the issuing authority provides | 6759 |
| in the resolution or order authorizing such notes. Such notes may | 6760 |
| be additionally secured by covenants of the issuing authority to | 6761 |
| the effect that the issuing authority and the state will do such | 6762 |
| or all things necessary for the issuance of such bonds or renewal | 6763 |
| notes in appropriate amount, and apply the proceeds thereof to the | 6764 |
| extent necessary, to make full payment of the principal of and | 6765 |
| interest on such notes at the time or times contemplated, as | 6766 |
| provided in such resolution or order. For such purpose, the | 6767 |
| issuing authority may issue bonds or renewal notes in such | 6768 |
| principal amount and upon such terms as may be necessary to | 6769 |
| provide funds to pay when required the principal of and interest | 6770 |
| on such notes, notwithstanding any limitations prescribed by or | 6771 |
| for purposes of this section. Subject to this division, all | 6772 |
| provisions for and references to obligations in this section are | 6773 |
| applicable to notes authorized under this division. | 6774 |
| The issuing authority in the bond proceedings authorizing the | 6775 |
| issuance of bond anticipation notes shall set forth for such bonds | 6776 |
| an estimated interest rate and a schedule of principal payments | 6777 |
| for such bonds and the annual maturity dates thereof, and for | 6778 |
| purposes of any limitation on bond service charges prescribed | 6779 |
| under division (A) of section 166.11 of the Revised Code, the | 6780 |
| amount of bond service charges on such bond anticipation notes is | 6781 |
| deemed to be the bond service charges for the bonds anticipated | 6782 |
| thereby as set forth in the bond proceedings applicable to such | 6783 |
| notes, but this provision does not modify any authority in this | 6784 |
| section to pledge receipts and special funds to, and covenant to | 6785 |
| issue bonds to fund, the payment of principal of and interest and | 6786 |
| any premium on such notes. | 6787 |
| (N) Obligations issued under this section are lawful | 6788 |
| investments for banks, societies for savings, savings and loan | 6789 |
| associations, deposit guarantee associations, trust companies, | 6790 |
| trustees, fiduciaries, insurance companies, including domestic for | 6791 |
| life and domestic not for life, trustees or other officers having | 6792 |
| charge of sinking and bond retirement or other special funds of | 6793 |
| political subdivisions and taxing districts of this state, the | 6794 |
| commissioners of the sinking fund of the state, the administrator | 6795 |
| of workers' compensation, the state teachers retirement system, | 6796 |
| the public employees retirement system, the school employees | 6797 |
| retirement system, and the Ohio police and fire pension fund, | 6798 |
| notwithstanding any other provisions of the Revised Code or rules | 6799 |
| adopted pursuant thereto by any governmental agency of the state | 6800 |
| with respect to investments by them, and are also acceptable as | 6801 |
| security for the deposit of public moneys. | 6802 |
| (O) Unless otherwise provided in any applicable bond | 6803 |
| proceedings, moneys to the credit of or in the special funds | 6804 |
| established by or pursuant to this section may be invested by or | 6805 |
| on behalf of the issuing authority only in notes, bonds, or other | 6806 |
| obligations of the United States, or of any agency or | 6807 |
| instrumentality of the United States, obligations guaranteed as to | 6808 |
| principal and interest by the United States, obligations of this | 6809 |
| state or any political subdivision of this state, and certificates | 6810 |
| of deposit of any national bank located in this state and any | 6811 |
| bank, as defined in section 1101.01 of the Revised Code, subject | 6812 |
| to inspection by the superintendent of banks. If the law or the | 6813 |
| instrument creating a trust pursuant to division (J) of this | 6814 |
| section expressly permits investment in direct obligations of the | 6815 |
| United States or an agency of the United States, unless expressly | 6816 |
| prohibited by the instrument, such moneys also may be invested in | 6817 |
| no-front-end-load money market mutual funds consisting exclusively | 6818 |
| of obligations of the United States or an agency of the United | 6819 |
| States and in repurchase agreements, including those issued by the | 6820 |
| fiduciary itself, secured by obligations of the United States or | 6821 |
| an agency of the United States; and in common trust funds | 6822 |
| established in accordance with section 1111.20 of the Revised Code | 6823 |
| and consisting exclusively of any such securities, notwithstanding | 6824 |
| division (A)(4) of that section. The income from such investments | 6825 |
| shall be credited to such funds as the issuing authority | 6826 |
| determines, and such investments may be sold at such times as the | 6827 |
| issuing authority determines or authorizes. | 6828 |
| (P) Provision may be made in the applicable bond proceedings | 6829 |
| for the establishment of separate accounts in the bond service | 6830 |
| fund and for the application of such accounts only to the | 6831 |
| specified bond service charges on obligations pertinent to such | 6832 |
| accounts and bond service fund and for other accounts therein | 6833 |
| within the general purposes of such fund. Unless otherwise | 6834 |
| provided in any applicable bond proceedings, moneys to the credit | 6835 |
| of or in the several special funds established pursuant to this | 6836 |
| section shall be disbursed on the order of the treasurer of state, | 6837 |
| provided that no such order is required for the payment from the | 6838 |
| bond service fund when due of bond service charges on obligations. | 6839 |
| (Q) The issuing authority may pledge all, or such portion as | 6840 |
| the issuing authority determines, of the pledged receipts to the | 6841 |
| payment of bond service charges on obligations issued under this | 6842 |
| section, and for the establishment and maintenance of any | 6843 |
| reserves, as provided in the bond proceedings, and make other | 6844 |
| provisions therein with respect to pledged receipts as authorized | 6845 |
| by this chapter, which provisions are controlling notwithstanding | 6846 |
| any other provisions of law pertaining thereto. | 6847 |
| (R) The issuing authority may covenant in the bond | 6848 |
| proceedings, and any such covenants are controlling | 6849 |
| notwithstanding any other provision of law, that the state and | 6850 |
| applicable officers and governmental agencies of the state, | 6851 |
| including the general assembly, so long as any obligations are | 6852 |
| outstanding, shall: | 6853 |
| (1) Maintain statutory authority for and cause to be charged | 6854 |
| and collected wholesale and retail prices for spirituous liquor | 6855 |
| sold by the state or its agents so that the pledged receipts are | 6856 |
| sufficient in amount to meet bond service charges, and the | 6857 |
| establishment and maintenance of any reserves and other | 6858 |
| requirements provided for in the bond proceedings, and, as | 6859 |
| necessary, to meet covenants contained in contracts of guarantee | 6860 |
| made under section 166.06 of the Revised Code; | 6861 |
| (2) Take or permit no action, by statute or otherwise, that | 6862 |
| would impair the exemption from federal income taxation of the | 6863 |
| interest on the obligations. | 6864 |
| (S) There is hereby created the economic development bond | 6865 |
| service fund, which shall be in the custody of the treasurer of | 6866 |
| state but shall be separate and apart from and not a part of the | 6867 |
| state treasury. All moneys received by or on account of the | 6868 |
| issuing authority or state agencies and required by the applicable | 6869 |
| bond proceedings, consistent with this section, to be deposited, | 6870 |
| transferred, or credited to a bond service fund or the economic | 6871 |
| development bond service fund, and all other moneys transferred or | 6872 |
| allocated to or received for the purposes of the fund, shall be | 6873 |
| deposited and credited to such fund and to any separate accounts | 6874 |
| therein, subject to applicable provisions of the bond proceedings, | 6875 |
| but without necessity for any act of appropriation. During the | 6876 |
| period beginning with the date of the first issuance of | 6877 |
| obligations and continuing during such time as any such | 6878 |
| obligations are outstanding, and so long as moneys in the | 6879 |
| pertinent bond service funds are insufficient to pay all bond | 6880 |
| services charges on such obligations becoming due in each year, a | 6881 |
| sufficient amount of the gross profit on the sale of spirituous | 6882 |
| liquor included in pledged receipts are committed and shall be | 6883 |
| paid to the bond service fund or economic development bond service | 6884 |
| fund in each year for the purpose of paying the bond service | 6885 |
| charges becoming due in that year without necessity for further | 6886 |
| act of appropriation for such purpose and notwithstanding anything | 6887 |
| to the contrary in Chapter 4301. of the Revised Code. The | 6888 |
| economic development bond service fund is a trust fund and is | 6889 |
| hereby pledged to the payment of bond service charges to the | 6890 |
| extent provided in the applicable bond proceedings, and payment | 6891 |
| thereof from such fund shall be made or provided for by the | 6892 |
| treasurer of state in accordance with such bond proceedings | 6893 |
| without necessity for any act of appropriation. | 6894 |
| (T) The obligations, the transfer thereof, and the income | 6895 |
| therefrom, including any profit made on the sale thereof, shall at | 6896 |
| all times be free from taxation within the state. | 6897 |
| Sec. 173.04. (A) As used in this section, "respite care" | 6898 |
| means short-term, temporary care or supervision provided to a | 6899 |
| person who has Alzheimer's disease in the absence of the person | 6900 |
| who normally provides that care or supervision. | 6901 |
| (B) | 6902 |
| department of aging, the director of aging shall | 6903 |
| disseminate | 6904 |
| Alzheimer's disease training materials for licensed physicians, | 6905 |
| registered nurses, licensed practical nurses, administrators of | 6906 |
| health care programs, social workers, and other health care and | 6907 |
| social service personnel who participate or assist in the care or | 6908 |
| treatment of persons who have Alzheimer's disease. The training | 6909 |
| materials disseminated through the web site may be developed by | 6910 |
| the director or obtained from other sources. | 6911 |
| (C) To the extent funds are available, the director shall | 6912 |
| administer respite care programs and other supportive services for | 6913 |
| persons who have Alzheimer's disease and their families or care | 6914 |
| givers. Respite care programs shall be approved by the director | 6915 |
| and shall be provided for the following purposes: | 6916 |
| (1) Giving persons who normally provide care or supervision | 6917 |
| for a person who has Alzheimer's disease relief from the stresses | 6918 |
| and responsibilities that result from providing such care; | 6919 |
| (2) Preventing or reducing inappropriate institutional care | 6920 |
| and enabling persons who have Alzheimer's disease to remain at | 6921 |
| home as long as possible. | 6922 |
| (D) The director may provide services under this section to | 6923 |
| persons with Alzheimer's disease and their families regardless of | 6924 |
| the age of the persons with Alzheimer's disease. | 6925 |
| (E) The director shall adopt rules in accordance with Chapter | 6926 |
| 119. of the Revised Code governing respite care programs and other | 6927 |
| supportive services, the distribution of funds, and the purpose | 6928 |
| for which funds may be utilized under this section. | 6929 |
| (F) The director may create an Alzheimer's disease task force | 6930 |
| to advise the director on the rights of persons with Alzheimer's | 6931 |
| disease and on the development and evaluation of education and | 6932 |
| training programs, home care programs, respite care programs, and | 6933 |
| long-term care initiatives as they relate to Alzheimer's disease. | 6934 |
| If a task force is created, the members shall include | 6935 |
| representatives of the Alzheimer's disease association and other | 6936 |
| organizations the director considers appropriate. | 6937 |
| Sec. 173.35. (A) As used in this section, "PASSPORT | 6938 |
| administrative agency" means an entity under contract with the | 6939 |
| department of aging to provide administrative services regarding | 6940 |
| the PASSPORT program created under section 173.40 of the Revised | 6941 |
| Code. | 6942 |
| (B) The department of aging shall administer the residential | 6943 |
| state supplement program under which the state supplements the | 6944 |
| supplemental security income payments received by aged, blind, or | 6945 |
| disabled adults under Title XVI of the "Social Security Act," 49 | 6946 |
| Stat. 620 (1935), 42 U.S.C.A., as amended. Residential state | 6947 |
| supplement payments shall be used for the provision of | 6948 |
| accommodations, supervision, and personal care services to | 6949 |
| supplemental security income recipients who the department | 6950 |
| determines are at risk of needing institutional care. | 6951 |
| (C) For an individual to be eligible for residential state | 6952 |
| supplement payments, all of the following must be the case: | 6953 |
| (1) Except as provided by division (G) of this section, the | 6954 |
| individual must reside in one of the following: | 6955 |
| (a) An adult foster home certified under section 173.36 of | 6956 |
| the Revised Code; | 6957 |
| (b) A home or facility, other than a nursing home or nursing | 6958 |
| home unit of a home for the aging, licensed by the department of | 6959 |
| health under Chapter 3721. or 3722. of the Revised Code and | 6960 |
| certified in accordance with standards established by the director | 6961 |
| of aging under division (D)(2) of this section; | 6962 |
| (c) A community alternative home licensed under section | 6963 |
| 3724.03 of the Revised Code and certified in accordance with | 6964 |
| standards established by the director of aging under division | 6965 |
| (D)(2) of this section; | 6966 |
| (d) A residential facility as defined in division | 6967 |
| (A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by | 6968 |
| the department of mental health and certified in accordance with | 6969 |
| standards established by the director of aging under division | 6970 |
| (D)(2) of this section; | 6971 |
| (e) An apartment or room used to provide community mental | 6972 |
| health housing services certified by the department of mental | 6973 |
| health under section 5119.611 of the Revised Code and approved by | 6974 |
| a board of alcohol, drug addiction, and mental health services | 6975 |
| under division (A)(14) of section 340.03 of the Revised Code and | 6976 |
| certified in accordance with standards established by the director | 6977 |
| of aging under division (D)(2) of this section. | 6978 |
| (2) Effective July 1, 2000, a PASSPORT administrative agency | 6979 |
| must have determined that the environment in which the individual | 6980 |
| will be living while receiving the payments is appropriate for the | 6981 |
| individual's needs. If the individual is eligible for supplemental | 6982 |
| security income payments or social security disability insurance | 6983 |
| benefits because of a mental disability, the PASSPORT | 6984 |
| administrative agency shall refer the individual to a community | 6985 |
| mental health agency for the community mental health agency to | 6986 |
| issue in accordance with section 340.091 of the Revised Code a | 6987 |
| recommendation on whether the PASSPORT administrative agency | 6988 |
| should determine that the environment in which the individual will | 6989 |
| be living while receiving the payments is appropriate for the | 6990 |
| individual's needs. Division (C)(2) of this section does not apply | 6991 |
| to an individual receiving residential state supplement payments | 6992 |
| on June 30, 2000, until the individual's first eligibility | 6993 |
| redetermination after that date. | 6994 |
| (3) The individual satisfies all eligibility requirements | 6995 |
| established by rules adopted under division (D) of this section. | 6996 |
| (D)(1) The directors of aging and job and family services | 6997 |
| shall adopt rules in accordance with section 111.15 of the Revised | 6998 |
| Code as necessary to implement the residential state supplement | 6999 |
| program. | 7000 |
| To the extent permitted by Title XVI of the "Social Security | 7001 |
| Act," and any other provision of federal law, the director of job | 7002 |
| and family services shall adopt rules establishing standards for | 7003 |
| adjusting the eligibility requirements concerning the level of | 7004 |
| impairment a person must have so that the amount appropriated for | 7005 |
| the program by the general assembly is adequate for the number of | 7006 |
| eligible individuals. The rules shall not limit the eligibility of | 7007 |
| disabled persons solely on a basis classifying disabilities as | 7008 |
| physical or mental. The director of job and family services also | 7009 |
| shall adopt rules that establish eligibility standards for aged, | 7010 |
| blind, or disabled individuals who reside in one of the homes or | 7011 |
| facilities specified in division (C)(1) of this section but who, | 7012 |
| because of their income, do not receive supplemental security | 7013 |
| income payments. The rules may provide that these individuals may | 7014 |
| include individuals who receive other types of benefits, | 7015 |
| including, social security disability insurance benefits provided | 7016 |
| under Title II of the "Social Security Act," 49 Stat. 620 (1935), | 7017 |
| 42 U.S.C.A. 401, as amended. Notwithstanding division (B) of this | 7018 |
| section, such payments may be made if funds are available for | 7019 |
| them. | 7020 |
| The director of aging shall adopt rules establishing the | 7021 |
| method to be used to determine the amount an eligible individual | 7022 |
| will receive under the program. The amount the general assembly | 7023 |
| appropriates for the program shall be a factor included in the | 7024 |
| method that department establishes. | 7025 |
| (2) The director of aging shall adopt rules in accordance | 7026 |
| with Chapter 119. of the Revised Code establishing standards for | 7027 |
| certification of living facilities described in division (C)(1) of | 7028 |
| this section. | 7029 |
| The directors of aging and mental health shall enter into an | 7030 |
| agreement to certify facilities that apply for certification and | 7031 |
| meet the standards established by the director of aging under this | 7032 |
| division. | 7033 |
| (E) The county department of job and family services of the | 7034 |
| county in which an applicant for the residential state supplement | 7035 |
| program resides shall determine whether the applicant meets income | 7036 |
| and resource requirements for the program. | 7037 |
| (F) The department of aging shall maintain a waiting list of | 7038 |
| any individuals eligible for payments under this section but not | 7039 |
| receiving them because moneys appropriated to the department for | 7040 |
| the purposes of this section are insufficient to make payments to | 7041 |
| all eligible individuals. An individual may apply to be placed on | 7042 |
| the waiting list even though the individual does not reside in one | 7043 |
| of the homes or facilities specified in division (C)(1) of this | 7044 |
|
section at
the time of application. | 7045 |
| list who reside in a community setting not required to be licensed | 7046 |
| or certified shall have their eligibility for the payments | 7047 |
| assessed before other individuals on the waiting list. | 7048 |
| The director of aging, by rules adopted in accordance with | 7049 |
| Chapter 119. of the Revised Code, shall specify procedures and | 7050 |
| requirements for placing an individual on the waiting list. | 7051 |
| 7052 | |
| 7053 | |
| 7054 | |
| 7055 |
| The director may adopt rules giving priority to individuals | 7056 |
| placed on the waiting list on or after July 1, 2006, who receive | 7057 |
| supplemental security income benefits under Title XVI of the | 7058 |
| "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C. 1381, as | 7059 |
| amended. The rules shall not affect the place on the waiting list | 7060 |
| of any person who was on the list on July 1, 2006. | 7061 |
| (G) An individual in a licensed or certified living | 7062 |
| arrangement receiving state supplementation on November 15, 1990, | 7063 |
| under former section 5101.531 of the Revised Code shall not become | 7064 |
| ineligible for payments under this section solely by reason of the | 7065 |
| individual's living arrangement as long as the individual remains | 7066 |
| in the living arrangement in which the individual resided on | 7067 |
| November 15, 1990. | 7068 |
| (H) The department of aging shall notify each person denied | 7069 |
| approval for payments under this section of the person's right to | 7070 |
| a hearing. On request, the hearing shall be provided by the | 7071 |
| department of job and family services in accordance with section | 7072 |
| 5101.35 of the Revised Code. | 7073 |
| Sec. 173.85. (A) The Ohio's best Rx program fund is hereby | 7074 |
| created | 7075 |
| 7076 | |
| consist of the following: | 7077 |
| (1) Manufacturer payments made by participating manufacturers | 7078 |
| pursuant to agreements entered into under section 173.81 of the | 7079 |
| Revised Code; | 7080 |
| (2) Administrative fees, if an administrative fee is | 7081 |
| determined by the department of aging in rules adopted under | 7082 |
| section 173.83 of the Revised Code; | 7083 |
| (3) Any amounts donated to the fund and accepted by the | 7084 |
| department; | 7085 |
| (4) The fund's investment earnings. | 7086 |
| (B) Money in the Ohio's best Rx program fund shall be used to | 7087 |
| make payments under section 173.801 of the Revised Code and to | 7088 |
| make transfers to the Ohio's best Rx administration fund in | 7089 |
| accordance with section 173.86 of the Revised Code. | 7090 |
| Sec. 173.86. (A) The Ohio's best Rx administration fund is | 7091 |
| hereby created in the state treasury. The | 7092 |
| director of budget and management shall transfer from the Ohio's | 7093 |
| best Rx program fund to the Ohio's best Rx administration fund | 7094 |
| amounts equal to the following: | 7095 |
| (1) Amounts resulting from application of the program | 7096 |
| administration percentage, if a program administration percentage | 7097 |
| is determined by the department of aging in rules adopted under | 7098 |
| section 173.83 of the Revised Code; | 7099 |
| (2) The amount of the administrative fees charged Ohio's best | 7100 |
| Rx participants, if an administrative fee is determined by the | 7101 |
| department of aging in rules adopted under section 173.83 of the | 7102 |
| Revised Code; | 7103 |
| (3) The amount of any donations credited to the Ohio's best | 7104 |
| Rx program fund; | 7105 |
| (4) The amount of investment earnings credited to the Ohio's | 7106 |
| best Rx program fund. | 7107 |
| The | 7108 |
| shall make the transfers in accordance with a schedule developed | 7109 |
| by the | 7110 |
| (B) The department of aging shall use money in the Ohio's | 7111 |
| best Rx administration fund to pay the administrative costs of the | 7112 |
| Ohio's best Rx program, including, but not limited to, costs | 7113 |
| associated with contracted services, staff, outreach activities, | 7114 |
| computers and network services, and the Ohio's best Rx program | 7115 |
| council. If the fund includes an amount that exceeds the amount | 7116 |
| necessary to pay the administrative costs of the program, the | 7117 |
| department may use the excess amount to pay the cost of subsidies | 7118 |
| provided to Ohio's best Rx program participants under any subsidy | 7119 |
| program established pursuant to section 173.861 of the Revised | 7120 |
| Code. | 7121 |
| Sec. 174.03. (A) The department of development and the Ohio | 7122 |
| housing finance agency shall each develop programs under which, in | 7123 |
| accordance with rules adopted under this section, they may make | 7124 |
| grants, loans, loan guarantees, and loan subsidies to counties, | 7125 |
| municipal corporations, townships, local housing authorities, and | 7126 |
| nonprofit organizations and may make loans, loan guarantees, and | 7127 |
| loan subsidies to private developers and private lenders to assist | 7128 |
| in activities that provide housing and housing assistance for | 7129 |
| specifically targeted low- and moderate-income families and | 7130 |
| individuals. There is no minimum housing project size for awards | 7131 |
| under this division for any project that is developed for a | 7132 |
| special needs population and that is supported by a social service | 7133 |
| agency where the housing project is located. Activities for which | 7134 |
| grants, loans, loan guarantees, and loan subsidies may be made | 7135 |
| under this section include all of the following: | 7136 |
| (1) Acquiring, financing, constructing, leasing, | 7137 |
| rehabilitating, remodeling, improving, and equipping publicly or | 7138 |
| privately owned housing; | 7139 |
| (2) Providing supportive services related to housing and the | 7140 |
| homeless, including housing counseling. Not more than twenty per | 7141 |
| cent of the current year appropriation authority for the low- and | 7142 |
| moderate-income housing trust fund that remains after the award of | 7143 |
| funds made pursuant to divisions (A)(1), (A)(2), and (A)(3) of | 7144 |
| section 174.02 of the Revised Code, shall be awarded in any fiscal | 7145 |
| year for supportive services. | 7146 |
| (3) Providing rental assistance payments or other project | 7147 |
| operating subsidies that lower tenant rents. | 7148 |
| (B) Activities listed under division (A) of this section may | 7149 |
| include emergency shelter care programs for unaccompanied youth | 7150 |
| seventeen years of age and younger. | 7151 |
| (C) Grants, loans, loan guarantees, and loan subsidies may be | 7152 |
| made to counties, municipal corporations, townships, and nonprofit | 7153 |
| organizations for the additional purposes of providing technical | 7154 |
| assistance, design and finance services and consultation, and | 7155 |
| payment of pre-development and administrative costs related to any | 7156 |
| of the activities listed above. | 7157 |
| | 7158 |
| department and the agency shall invite, accept, and consider | 7159 |
| public comment, and recommendations from the housing trust fund | 7160 |
| advisory committee created under section 174.06 of the Revised | 7161 |
| Code, on how the programs should be designed to most effectively | 7162 |
| benefit low- and moderate-income families and individuals. The | 7163 |
| programs developed under this section shall respond collectively | 7164 |
| to housing and housing assistance needs of low- and | 7165 |
| moderate-income families and individuals statewide. | 7166 |
| | 7167 |
| Chapter 119. of the Revised Code, shall each adopt rules to | 7168 |
| administer programs developed under this section. The rules shall | 7169 |
| prescribe procedures and forms that counties, municipal | 7170 |
| corporations, townships, local housing authorities, and nonprofit | 7171 |
| organizations shall use in applying for grants, loans, loan | 7172 |
| guarantees, and loan subsidies and that private developers and | 7173 |
| private lenders shall use in applying for loans, loan guarantees, | 7174 |
| and loan subsidies; eligibility criteria for the receipt of funds; | 7175 |
| procedures for reviewing and granting or denying applications; | 7176 |
| procedures for paying out funds; conditions on the use of funds; | 7177 |
| procedures for monitoring the use of funds; and procedures under | 7178 |
| which a recipient shall be required to repay funds that are | 7179 |
| improperly used. The rules shall do both of the following: | 7180 |
| (1) Require each recipient of a grant or loan made from the | 7181 |
| low- and moderate-income housing trust fund for activities that | 7182 |
| provide, or assist in providing, a rental housing project, to | 7183 |
| reasonably ensure that the rental housing project will remain | 7184 |
| affordable to those families and individuals targeted for the | 7185 |
| rental housing project for the useful life of the rental housing | 7186 |
| project or for thirty years, whichever is longer; | 7187 |
| (2) Require each recipient of a grant or loan made from the | 7188 |
| low- and moderate-income housing trust fund for activities that | 7189 |
| provide, or assist in providing, a housing project to prepare and | 7190 |
| implement a plan to reasonably assist any families and individuals | 7191 |
| displaced by the housing project in obtaining decent affordable | 7192 |
| housing. | 7193 |
| | 7194 |
| the use of funds, neither the department nor the agency is limited | 7195 |
| to the criteria and conditions specified in this section and each | 7196 |
| may prescribe additional eligibility criteria and conditions that | 7197 |
| relate to the purposes for which grants, loans, loan guarantees, | 7198 |
| and loan subsidies may be made. However, the department and agency | 7199 |
| are limited by the following specifically targeted low- and | 7200 |
| moderate-income guidelines: | 7201 |
| (1) Not less than seventy-five per cent of the money granted | 7202 |
| and loaned under this section in any fiscal year shall be for | 7203 |
| activities that provide affordable housing and housing assistance | 7204 |
| to families and individuals whose incomes are equal to or less | 7205 |
| than fifty per cent of the median income for the county in which | 7206 |
| they live, as determined by the department under section 174.04 | 7207 |
| of the Revised Code. | 7208 |
| (2) Any money granted and loaned under this section in any | 7209 |
| fiscal year that is not granted or loaned pursuant to division | 7210 |
| 7211 | |
| affordable housing and housing assistance to families and | 7212 |
| individuals whose incomes are equal to or less than eighty per | 7213 |
| cent of the median income for the county in which they live, as | 7214 |
| determined by the department under section 174.04 of the Revised | 7215 |
| Code. | 7216 |
| | 7217 |
| subsidies under this section, the department and the agency shall | 7218 |
| give preference to viable projects and activities that benefit | 7219 |
| those families and individuals whose incomes are equal to or less | 7220 |
| than thirty-five per cent of the median income for the county in | 7221 |
| which they live, as determined by the department under section | 7222 |
| 174.04 of the Revised Code. | 7223 |
| | 7224 |
| programs developed under this section to ensure that money granted | 7225 |
| and loaned under this section is not used in a manner that | 7226 |
| violates division (H) of section 4112.02 of the Revised Code or | 7227 |
| discriminates against families with children. | 7228 |
| Sec. 174.06. (A) There is hereby created the housing trust | 7229 |
| fund advisory committee. The committee consists of fourteen | 7230 |
| members the governor appoints as follows to represent | 7231 |
| organizations committed to housing and housing assistance for low- | 7232 |
| and moderate-income persons: | 7233 |
| (1) One member to represent lenders. | 7234 |
| (2) One member to represent for-profit builders and | 7235 |
| developers. | 7236 |
| (3) One member to represent the families and individuals | 7237 |
| included in the income groups targeted for housing and housing | 7238 |
| assistance under divisions | 7239 |
| of the Revised Code. | 7240 |
| (4) One member to represent religious, civic, or social | 7241 |
| service organizations. | 7242 |
| (5) One member to represent counties. | 7243 |
| (6) One member to represent municipal corporations. | 7244 |
| (7) One member to represent townships. | 7245 |
| (8) One member to represent local housing authorities. | 7246 |
| (9) One member to represent fair housing organizations. | 7247 |
| (10) Three members to represent nonprofit organizations. | 7248 |
| (11) One member to represent real estate brokers licensed | 7249 |
| under Chapter 4735. of the Revised Code. | 7250 |
| (12) One member to represent the for-profit rental housing | 7251 |
| industry. | 7252 |
| (B)(1) Terms of office are for four years, with each term | 7253 |
| ending on the same day of the same month as did the term that it | 7254 |
| succeeds. Each member shall hold office from the date of | 7255 |
| appointment until the end of the term for which the member was | 7256 |
| appointed. Vacancies shall be filled in the manner prescribed for | 7257 |
| the original appointment. A member appointed to fill a vacancy | 7258 |
| occurring prior to the expiration of a term shall hold office for | 7259 |
| the remainder of that term. A member shall continue in office | 7260 |
| subsequent to the expiration of a term until a successor takes | 7261 |
| office or until a period of sixty days has elapsed, whichever | 7262 |
| occurs first. | 7263 |
| (2) The governor may remove a member for misfeasance, | 7264 |
| malfeasance, or willful neglect of duty. | 7265 |
| (C)(1) The committee shall select a chairperson from among | 7266 |
| its members. The committee shall meet at least once each calendar | 7267 |
| year and upon the call of the chair. Members of the committee | 7268 |
| serve without compensation, but shall be reimbursed for reasonable | 7269 |
| and necessary expenses incurred in the discharge of duties. | 7270 |
| (2) The department of development shall provide the committee | 7271 |
| with a meeting place, supplies, and staff assistance as the | 7272 |
| committee requests. | 7273 |
| (D) The committee shall assist the department and the Ohio | 7274 |
| housing finance agency in defining housing needs and priorities, | 7275 |
| recommend to the department and agency at least annually how the | 7276 |
| programs developed under section 174.02 of the Revised Code should | 7277 |
| be designed to most effectively benefit low- and moderate-income | 7278 |
| persons, consider an allocation of funds for projects of fifteen | 7279 |
| units or less, and advise the director of development on whether | 7280 |
| and how to reallocate money in the low- and moderate-income | 7281 |
| housing trust fund under division (B) of section 174.02 of the | 7282 |
| Revised Code. | 7283 |
| Sec. 183.01. As used in this chapter: | 7284 |
| (A) "Tobacco master settlement agreement" means the | 7285 |
| settlement agreement (and related documents) entered into on | 7286 |
| November 23, 1998 by the state and leading United States tobacco | 7287 |
| product manufacturers. | 7288 |
| (B) | 7289 |
| 7290 | |
| 7291 | |
| 7292 | |
| 7293 | |
| 7294 | |
| 7295 | |
| 7296 | |
| 7297 | |
| 7298 | |
| 7299 | |
| 7300 |
| | 7301 |
| tobacco has traditionally been grown. | 7302 |
| Sec. 183.021. (A) No money from the tobacco master | 7303 |
| settlement agreement fund, as that fund existed prior to the | 7304 |
| repeal of section 183.02 of the Revised Code by H.B. 119 of the | 7305 |
| 127th general assembly, shall be expended to do any of the | 7306 |
| following: | 7307 |
| (1) Hire an executive agency lobbyist, as defined under | 7308 |
| section 121.60 of the Revised Code, or a legislative agent, as | 7309 |
| defined under section 101.70 of the Revised Code; | 7310 |
| (2) Support or oppose candidates, ballot questions, | 7311 |
| referendums, or ballot initiatives. | 7312 |
| (B) Nothing in this section prohibits any of the following | 7313 |
| from advocating on behalf of the specific objectives of a program | 7314 |
| funded under this chapter: | 7315 |
| (1) The members of the board of trustees, executive director, | 7316 |
| or employees of the tobacco use prevention and control foundation; | 7317 |
| (2) The members of the board of trustees, executive director, | 7318 |
| or employees of the southern Ohio agricultural and community | 7319 |
| development foundation; | 7320 |
| (3) The members or employees of the third frontier commission | 7321 |
| or the members of the third frontier advisory board. | 7322 |
| Sec. 183.17. The fiscal year of the southern Ohio | 7323 |
| agricultural and community development foundation shall be the | 7324 |
| same as the fiscal year of the state. | 7325 |
| Within ninety days after the end of each fiscal year, the | 7326 |
| foundation shall submit to the governor and the general assembly | 7327 |
| both of the following: | 7328 |
| (A) A report of the activities of the foundation during the | 7329 |
| preceding fiscal year. The report shall also contain an | 7330 |
| independent evaluation of the progress being made by the | 7331 |
| foundation in carrying out its duties. | 7332 |
| (B) A financial report of the foundation for the preceding | 7333 |
| year, which shall include both: | 7334 |
| (1) Information on the amount and percentage of overhead and | 7335 |
| administrative expenditures compared to programmatic expenditures; | 7336 |
| (2) An independent auditor's report on the basic financial | 7337 |
| statements and required supplementary information of the | 7338 |
| foundation. Such financial statements shall be prepared in | 7339 |
| conformity with generally accepted accounting principles | 7340 |
| prescribed for governmental entities. | 7341 |
| On or before July 1, 2010, the foundation shall report to the | 7342 |
| governor and the general assembly on the progress that the | 7343 |
| foundation has made in replacing the production of tobacco in | 7344 |
| southern Ohio with the production of other agricultural products | 7345 |
| and in mitigating the adverse economic impact of reduced tobacco | 7346 |
|
production in
the region.
| 7347 |
| 7348 | |
| 7349 | |
| 7350 | |
| 7351 | |
| 7352 |
| Sec. 183.33. No money shall be appropriated or transferred | 7353 |
| from
the general revenue fund to the | 7354 |
| 7355 | |
| tobacco use prevention and control endowment fund, law enforcement | 7356 |
| improvements trust fund, southern Ohio agricultural and community | 7357 |
| development trust fund, southern Ohio agricultural and community | 7358 |
| development foundation endowment fund, Ohio's public health | 7359 |
| priorities trust fund, biomedical research and technology transfer | 7360 |
|
trust fund, education facilities trust fund, | 7361 |
| 7362 | |
| no money shall be otherwise appropriated or transferred from the | 7363 |
| general revenue fund for the use of the tobacco use prevention and | 7364 |
|
control foundation | 7365 |
| 7366 |
| Sec. 183.34. There is hereby created in the state treasury | 7367 |
| the tobacco settlement oversight, administration, and enforcement | 7368 |
|
fund, | 7369 |
| under division (I) of section 183.02 of the Revised Code prior to | 7370 |
| the repeal of that section by H.B. 119 of the 127th general | 7371 |
| assembly. The attorney general shall use the fund to pay costs | 7372 |
| incurred in the oversight, administration, and enforcement of the | 7373 |
| tobacco master settlement agreement. | 7374 |
| Sec. 183.35. There is hereby created in the state treasury | 7375 |
|
the tobacco settlement enforcement fund, | 7376 |
| 7377 | |
| section 183.02 of the Revised Code prior to the repeal of that | 7378 |
| section by H.B. 119 of the 127th general assembly. The tax | 7379 |
| commissioner shall use the fund to pay costs incurred in the | 7380 |
| enforcement of divisions (F) and (G) of section 5743.03 of the | 7381 |
| Revised Code. | 7382 |
| Sec. 183.51. (A) As used in this section and in the | 7383 |
| applicable bond proceedings unless otherwise provided: | 7384 |
| (1) "Bond proceedings" means the resolutions, orders, | 7385 |
| indentures, purchase and sale and trust and other agreements | 7386 |
| including any amendments or supplements to them, and credit | 7387 |
| enhancement facilities, and amendments and supplements to them, or | 7388 |
| any one or more or combination of them, authorizing, awarding, or | 7389 |
| providing for the terms and conditions applicable to or providing | 7390 |
| for the security or liquidity of, the particular obligations, and | 7391 |
| the provisions contained in those obligations. | 7392 |
| (2) "Bond service fund" means the bond service fund created | 7393 |
| in the bond proceedings for the obligations. | 7394 |
| (3) "Capital facilities" means, as applicable, capital | 7395 |
| facilities or projects as referred to in sections 151.03, 151.04, | 7396 |
| 152.09, 152.33, 154.20, or 154.22 of the Revised Code. | 7397 |
| (4) "Consent decree" means the consent decree and final | 7398 |
| judgment entered November 25, 1998, in the court of common pleas | 7399 |
| of Franklin county, Ohio, as the same may be amended or | 7400 |
| supplemented from time to time. | 7401 |
| (5) "Cost of capital facilities" has the same meaning as in | 7402 |
| section 151.01, 152.09, or 154.01 of the Revised Code, as | 7403 |
| applicable. | 7404 |
| (6) "Credit enhancement facilities," "financing costs," and | 7405 |
| "interest" or "interest equivalent" have the same meanings as in | 7406 |
| section 133.01 of the Revised Code. | 7407 |
| (7) "Debt service" means principal, including any mandatory | 7408 |
| sinking fund or redemption requirements for retirement of | 7409 |
| obligations, interest and other accreted amounts, interest | 7410 |
| equivalent, and any redemption premium, payable on obligations. If | 7411 |
| not prohibited by the applicable bond proceedings, "debt service" | 7412 |
| may include costs relating to credit enhancement facilities that | 7413 |
| are related to and represent, or are intended to provide a source | 7414 |
| of payment of or limitation on, other debt service. | 7415 |
| (8) "Improvement fund" means, as applicable, the school | 7416 |
| building program assistance fund created in section 3318.25 of the | 7417 |
| Revised Code, the higher education improvement fund created in | 7418 |
| section 154.21 of the Revised Code, the mental health facilities | 7419 |
| improvement fund created in section 154.20 of the Revised Code, | 7420 |
| the parks and recreation improvement fund created in section | 7421 |
| 154.22 of the Revised Code, the administrative building fund | 7422 |
| created in section 123.10 of the Revised Code, and the adult | 7423 |
| correctional building fund referred to in section 5120.105 of the | 7424 |
| Revised Code. | 7425 |
| (9) "Issuing authority" means the Ohio tobacco settlement | 7426 |
| financing authority created in section 183.52 of the Revised Code. | 7427 |
| (10) "Net proceeds" means amounts received from the sale of | 7428 |
| obligations, excluding amounts used to refund or retire | 7429 |
| outstanding obligations, amounts required to be deposited into | 7430 |
| special funds pursuant to the applicable bond proceedings, and | 7431 |
| amounts to be used to pay financing costs. | 7432 |
| (11) "Obligations" means bonds, notes, or other evidences of | 7433 |
| obligation of the issuing authority, including any appertaining | 7434 |
| interest coupons, issued by the issuing authority under this | 7435 |
| section and Section 2i of Article VIII, Ohio Constitution, for the | 7436 |
| purpose of providing funds to the state, in exchange for the | 7437 |
| assignment and sale described in division (B) of this section, for | 7438 |
| the purpose of paying costs of capital facilities for: (a) housing | 7439 |
| branches and agencies of state government, including but not | 7440 |
| limited to facilities for housing state agencies, for a system of | 7441 |
| common schools throughout the state, and for use as state | 7442 |
| correctional facilities or county, multicounty, municipal-county, | 7443 |
| and multicounty-municipal jail facilities or workhouses; (b) | 7444 |
| state-supported or state-assisted institutions of higher | 7445 |
| education; (c) mental hygiene and retardation; and (d) parks and | 7446 |
| recreation. | 7447 |
| (12) "Pledged receipts" means, as and to the extent provided | 7448 |
| for in the applicable bond proceedings: | 7449 |
| (a) Pledged tobacco settlement receipts; | 7450 |
| (b) Accrued interest received from the sale of obligations; | 7451 |
| (c) Income from the investment of the special funds; | 7452 |
| (d) Additional or any other specific revenues or receipts | 7453 |
| lawfully available to be pledged, and pledged, pursuant to the | 7454 |
| bond proceedings, including but not limited to amounts received | 7455 |
| under credit enhancement facilities, to the payment of debt | 7456 |
| service. | 7457 |
| (13) "Pledged tobacco settlement receipts" means all amounts | 7458 |
| received by the issuing authority pursuant to division (B) of this | 7459 |
| section. | 7460 |
| (14) "Principal amount" means the aggregate of the amount as | 7461 |
| stated or provided for in the applicable bond proceedings as the | 7462 |
| amount on which interest or interest equivalent on particular | 7463 |
| obligations is initially calculated. "Principal amount" does not | 7464 |
| include any premium paid to the issuing authority by the initial | 7465 |
| purchaser of the obligations. "Principal amount" of a capital | 7466 |
| appreciation bond, as defined in division (C) of section 3334.01 | 7467 |
| of the Revised Code, means its original face amount and not its | 7468 |
| accreted value, and "principal amount" of a zero coupon bond, as | 7469 |
| defined in division (J) of section 3334.01 of the Revised Code, | 7470 |
| means the discounted offering price at which the bond is initially | 7471 |
| sold to the public, disregarding any purchase price discount to | 7472 |
| the original purchaser, if provided in or for pursuant to the bond | 7473 |
| proceedings. | 7474 |
| (15) "Special funds" or "funds," unless the context indicates | 7475 |
| otherwise, means the bond service fund, and any other funds, | 7476 |
| including any reserve funds, created under the bond proceedings | 7477 |
| and stated to be special funds in those proceedings, including | 7478 |
| moneys and investments, and earnings from investments, credited | 7479 |
| and to be credited to the particular fund. "Special funds" does | 7480 |
| not include any improvement fund or investment earnings on amounts | 7481 |
| in any improvement fund, or other funds created by the bond | 7482 |
| proceedings that are not stated by those proceedings to be special | 7483 |
| funds. | 7484 |
| (B) The state may assign and sell to the issuing authority, | 7485 |
| and the issuing authority may accept and purchase, all or a | 7486 |
| portion of the amounts to be received by the state under the | 7487 |
| tobacco master settlement agreement for a purchase price payable | 7488 |
| by the issuing authority to the state consisting of the net | 7489 |
| proceeds of obligations and any residual interest, if any. Any | 7490 |
| such assignment and sale shall be irrevocable in accordance with | 7491 |
| its terms during the period any obligations secured by amounts so | 7492 |
| assigned and sold are outstanding under the applicable bond | 7493 |
| proceedings, and shall constitute a contractual obligation to the | 7494 |
| holders or owners of those obligations. Any such assignment and | 7495 |
| sale shall also be treated as an absolute transfer and true sale | 7496 |
| for all purposes, and not as a pledge or other security interest. | 7497 |
| The characterization of any such assignment and sale as a true | 7498 |
| sale and absolute transfer shall not be negated or adversely | 7499 |
| affected by only a portion of the amounts to be received under the | 7500 |
| tobacco master settlement agreement being transferred, the | 7501 |
| acquisition or retention by the state of a residual interest, the | 7502 |
| participation of any state officer or employee as a member or | 7503 |
| officer of, or providing staff support to, the issuing authority, | 7504 |
| any responsibility of an officer or employee of the state for | 7505 |
| collecting the amounts to be received under the tobacco master | 7506 |
| settlement agreement or otherwise enforcing that agreement or | 7507 |
| retaining any legal title to or interest in any portion of the | 7508 |
| amounts to be received under that agreement for the purpose of | 7509 |
| these collection activities, any characterization of the issuing | 7510 |
| authority or its obligations for purposes of accounting, taxation, | 7511 |
| or securities regulation, or by any other factors whatsoever. A | 7512 |
| true sale shall exist under this section regardless of whether the | 7513 |
| issuing authority has any recourse against the state or any other | 7514 |
| term of the bond proceedings or the treatment or characterization | 7515 |
| of the transfer as a financing for any purpose. Upon and following | 7516 |
| the assignment and sale, the state shall not have any right, | 7517 |
| title, or interest in the portion of the receipts under the | 7518 |
| tobacco master settlement agreement so assigned and sold, other | 7519 |
| than any residual interest that may be described in the applicable | 7520 |
| bond proceedings for those obligations, and that portion, if any, | 7521 |
| shall be the property of the issuing authority and not of the | 7522 |
| state, and shall be paid directly to the issuing authority, and | 7523 |
| shall be owned, received, held, and disbursed by the issuing | 7524 |
| authority and not by the state. | 7525 |
| The state may covenant, pledge, and agree in the bond | 7526 |
| proceedings, with and for the benefit of the issuing authority, | 7527 |
| the holders and owners of obligations, and providers of any credit | 7528 |
| enhancement facilities, that it shall: (1) maintain statutory | 7529 |
| authority for, and cause to be collected and paid directly to the | 7530 |
| issuing authority or its assignee, the pledged receipts, (2) | 7531 |
| enforce the rights of the issuing authority to receive the | 7532 |
| receipts under the tobacco master settlement agreement assigned | 7533 |
| and sold to the issuing authority, (3) not limit or alter the | 7534 |
| rights of the issuing authority to fulfill the terms of its | 7535 |
| agreements with the holders or owners of obligations outstanding | 7536 |
| under the bond proceedings, (4) not in any way impair the rights | 7537 |
| and remedies of the holders or owners of obligations outstanding | 7538 |
| under the bond proceedings or impair the security for those | 7539 |
| obligations, and (5) enforce Chapter 1346. of the Revised Code, | 7540 |
| the tobacco master settlement agreement, and the consent decree to | 7541 |
| effectuate the collection of the pledged tobacco settlement | 7542 |
| receipts. | 7543 |
| The bond proceedings may also include such other covenants, | 7544 |
| pledges, and agreements by the state to protect and safeguard the | 7545 |
| security and rights of the holders and owners of the obligations, | 7546 |
| and of the providers of any credit enhancement facilities, | 7547 |
| including, without limiting the generality of the foregoing, any | 7548 |
| covenant, pledge, or agreement customary in transactions involving | 7549 |
| the issuance of securities the debt service on which is payable | 7550 |
| from or secured by amounts received under the tobacco master | 7551 |
| settlement agreement. Notwithstanding any other provision of law, | 7552 |
| any covenant, pledge, and agreement of the state, if and when made | 7553 |
| in the bond proceedings, shall be controlling and binding upon, | 7554 |
| and enforceable against the state in accordance with its terms for | 7555 |
| so long as any obligations are outstanding under the applicable | 7556 |
| bond proceedings. The bond proceedings may also include | 7557 |
| limitations on the remedies available to the issuing authority, | 7558 |
| the holders and owners of the obligations, and the providers of | 7559 |
| any credit enhancement facilities, including, without limiting the | 7560 |
| generality of the foregoing, a provision that those remedies may | 7561 |
| be limited to injunctive relief in circumstances where there has | 7562 |
| been no prior determination by a court of competent jurisdiction | 7563 |
| that the state has not enforced Chapter 1346. of the Revised Code, | 7564 |
| the tobacco master settlement agreement, or the consent decree as | 7565 |
| may have been covenanted or agreed in the bond proceedings under | 7566 |
| division (B)(5) of this section. | 7567 |
| Nothing in this section or the bond proceedings shall | 7568 |
| preclude or limit, or be construed to preclude or limit, the state | 7569 |
| from regulating or authorizing or permitting the regulation of | 7570 |
| smoking or from taxing and regulating the sale of cigarettes or | 7571 |
| other tobacco products, or from defending or prosecuting cases or | 7572 |
| other actions relating to the sale or use of cigarettes or other | 7573 |
| tobacco products. Except as otherwise may be agreed in writing by | 7574 |
| the attorney general, nothing in this section or the bond | 7575 |
| proceedings shall modify or limit, or be construed to modify or | 7576 |
| limit, the responsibility, power, judgment, and discretion of the | 7577 |
| attorney general to protect and discharge the duties, rights, and | 7578 |
| obligations of the state under the tobacco master settlement | 7579 |
| agreement, the consent decree, or Chapter 1346. of the Revised | 7580 |
| Code. | 7581 |
| The governor and the director of budget and management, in | 7582 |
| consultation with the attorney general, on behalf of the state, | 7583 |
| and any member or officer of the issuing authority as authorized | 7584 |
| by that issuing authority, on behalf of the issuing authority, may | 7585 |
| take any action and execute any documents, including any purchase | 7586 |
| and sale agreements, necessary to effect the assignment and sale | 7587 |
| and the acceptance of the assignment and title to the receipts | 7588 |
| including, providing irrevocable direction to the escrow agent | 7589 |
| acting under the tobacco master settlement agreement to transfer | 7590 |
| directly to the issuing authority the amounts to be received under | 7591 |
| that agreement that are subject to such assignment and sale. Any | 7592 |
| purchase and sale agreement or other bond proceedings may contain | 7593 |
| the terms and conditions established by the state and the issuing | 7594 |
| authority to carry out and effectuate the purposes of this | 7595 |
| section, including, without limitation, covenants binding the | 7596 |
| state in favor of the issuing authority and its assignees and the | 7597 |
| owners of the obligations. Any such purchase and sale agreement | 7598 |
| shall be sufficient to effectuate such purchase and sale without | 7599 |
| regard to any other laws governing other property sales or | 7600 |
| financial transactions by the state. | 7601 |
| Not later than two years following the date on which there | 7602 |
| are no longer any obligations outstanding under the bond | 7603 |
| proceedings, all assets of the issuing authority shall vest in the | 7604 |
| state, the issuing authority shall execute any necessary | 7605 |
| assignments or instruments, including any assignment of any right, | 7606 |
| title, or ownership to the state for receipt of amounts under the | 7607 |
| tobacco master settlement agreement, and the issuing authority | 7608 |
| shall be dissolved. | 7609 |
| (C) The issuing authority is authorized to issue and to sell | 7610 |
| obligations as provided in this section. The aggregate principal | 7611 |
| amount of obligations issued under this section shall not exceed | 7612 |
| six billion dollars, exclusive of obligations issued under | 7613 |
| division (M)(1) of this section to refund, renew, or advance | 7614 |
| refund other obligations issued or incurred. At least seventy-five | 7615 |
| per cent of the aggregate net proceeds of the obligations issued | 7616 |
| under the authority of this section, exclusive of obligations | 7617 |
| issued to refund, renew, or advance refund other obligations, | 7618 |
| shall be paid to the state for deposit into the school building | 7619 |
| program assistance fund created in section 3318.25 of the Revised | 7620 |
| Code. | 7621 |
| (D) Each issue of obligations shall be authorized by | 7622 |
| resolution or order of the issuing authority. The bond proceedings | 7623 |
| shall provide for or authorize the manner for determining the | 7624 |
| principal amount or maximum principal amount of obligations of an | 7625 |
| issue, the principal maturity or maturities, the interest rate or | 7626 |
| rates, the date of and the dates of payment of interest on the | 7627 |
| obligations, their denominations, and the place or places of | 7628 |
| payment of debt service which may be within or outside the state. | 7629 |
| Unless otherwise provided by law, the latest principal maturity | 7630 |
| may not be later than the earlier of the thirty-first day of | 7631 |
| December of the fiftieth calendar year after the year of issuance | 7632 |
| of the particular obligations or of the fiftieth calendar year | 7633 |
| after the year in which the original obligation to pay was issued | 7634 |
| or entered into. Sections 9.96, 9.98, 9.981, 9.982, and 9.983 of | 7635 |
| the Revised Code apply to the obligations. | 7636 |
| The purpose of the obligations may be stated in the bond | 7637 |
| proceedings in general terms, such as, as applicable, "paying | 7638 |
| costs of capital facilities for a system of common schools," | 7639 |
| "paying costs of facilities for state-supported and state-assisted | 7640 |
| institutions of higher education," "paying the cost of capital | 7641 |
| facilities for housing of branches and agencies of state | 7642 |
| government, including capital facilities for the purpose of | 7643 |
| housing personnel, equipment, or functions, or any combination | 7644 |
| thereof that the state agencies are responsible for housing," | 7645 |
| "paying costs of capital facilities for use as state correctional | 7646 |
| facilities or county, multicounty, municipal-county, and | 7647 |
| multicounty-municipal jail facilities or workhouses, or as single | 7648 |
| county or district community-based correctional facilities," | 7649 |
| "paying costs of capital facilities for mental hygiene and | 7650 |
| retardation," and "paying costs of capital facilities for parks | 7651 |
| and recreation." Unless otherwise provided in the bond proceedings | 7652 |
| or in division (C) of this section, the net proceeds from the | 7653 |
| issuance of the obligations shall be paid to the state for deposit | 7654 |
| into the applicable improvement fund. Notwithstanding division | 7655 |
| (B)(4) of section 3318.38 of the Revised Code, net proceeds of | 7656 |
| obligations deposited into the school building program assistance | 7657 |
| fund created in section 3318.25 of the Revised Code may be used to | 7658 |
| pay basic project costs under section 3318.38 of the Revised Code | 7659 |
| at the times determined by the Ohio school facilities commission | 7660 |
| without regard to whether those expenditures are in proportion to | 7661 |
| the state's and the school district's respective shares of that | 7662 |
| basic project cost. As used in the preceding sentence, "Ohio | 7663 |
| school facilities commission" and "basic project costs" have the | 7664 |
| same meanings as in section 3318.01 of the Revised Code. | 7665 |
| (E) The issuing authority may, without need for any other | 7666 |
| approval, appoint or provide for the appointment of paying agents, | 7667 |
| bond registrars, securities depositories, credit enhancement | 7668 |
| providers or counterparties, clearing corporations, and transfer | 7669 |
| agents, and retain or contract for the services of underwriters, | 7670 |
| investment bankers, financial advisers, accounting experts, | 7671 |
| marketing, remarketing, indexing, and administrative agents, other | 7672 |
| consultants, and independent contractors, including printing | 7673 |
| services, as are necessary in the judgment of the issuing | 7674 |
| authority to carry out the issuing authority's functions under | 7675 |
| this section and section 183.52 of the Revised Code. The attorney | 7676 |
| general as counsel to the issuing authority shall represent the | 7677 |
| authority in the execution of its powers and duties, and shall | 7678 |
| institute and prosecute all actions on its behalf. The issuing | 7679 |
| authority and the attorney general shall work together to arrange | 7680 |
| for the appointment of counsel who shall be appointed by the | 7681 |
| attorney general, after receipt of recommendations from the | 7682 |
| issuing authority, for the purposes of carrying out the functions | 7683 |
| under this section and related sections of the Revised Code. | 7684 |
| Financing costs are payable, as may be provided in the bond | 7685 |
| proceedings, from the proceeds of the obligations, from special | 7686 |
| funds, or from other moneys available for the purpose, including | 7687 |
| as to future financing costs, from the pledged receipts. | 7688 |
| (F) The issuing authority may irrevocably pledge and assign | 7689 |
| all, or such portion as the issuing authority determines, of the | 7690 |
| pledged receipts to the payment of the debt service charges on | 7691 |
| obligations issued under this section, and for the establishment | 7692 |
| and maintenance of any reserves, as provided in the bond | 7693 |
| proceedings, and make other provisions in the bond proceedings | 7694 |
| with respect to pledged receipts as authorized by this section, | 7695 |
| which provisions are controlling notwithstanding any other | 7696 |
| provisions of law pertaining to them. Any and all pledged receipts | 7697 |
| received by the issuing authority and required by the bond | 7698 |
| proceedings, consistent with this section, to be deposited, | 7699 |
| transferred, or credited to the bond service fund, and all other | 7700 |
| money transferred or allocated to or received for the purposes of | 7701 |
| that fund, shall be deposited and credited to the bond service | 7702 |
| fund created in the bond proceedings for the obligations, subject | 7703 |
| to any applicable provisions of those bond proceedings, but | 7704 |
| without necessity for any act of appropriation. Those pledged | 7705 |
| receipts shall immediately be subject to the lien of that pledge | 7706 |
| without any physical delivery thereof or further act, and shall | 7707 |
| not be subject to other court judgments. The lien of the pledge of | 7708 |
| those pledged receipts shall be valid and binding against all | 7709 |
| parties having claims of any kind against the issuing authority, | 7710 |
| irrespective of whether those parties have notice thereof. The | 7711 |
| pledge shall create a perfected security interest for all purposes | 7712 |
| of Chapter 1309. of the Revised Code and a perfected lien for | 7713 |
| purposes of any other interest, all without the necessity for | 7714 |
| separation or delivery of funds or for the filing or recording of | 7715 |
| the applicable bond proceedings by which that pledge is created or | 7716 |
| any certificate, statement, or other document with respect | 7717 |
| thereto. The pledge of the pledged receipts shall be effective and | 7718 |
| the money therefrom and thereof may be applied to the purposes for | 7719 |
| which pledged. | 7720 |
| (G) Obligations may be further secured, as determined by the | 7721 |
| issuing authority, by an indenture or a trust agreement between | 7722 |
| the issuing authority and a corporate trustee, which may be any | 7723 |
| trust company or bank having a place of business within the state. | 7724 |
| Any indenture or trust agreement may contain the resolution or | 7725 |
| order authorizing the issuance of the obligations, any provisions | 7726 |
| that may be contained in any bond proceedings, and other | 7727 |
| provisions that are customary or appropriate in an agreement of | 7728 |
| that type, including, but not limited to: | 7729 |
| (1) Maintenance of each pledge, indenture, trust agreement, | 7730 |
| or other instrument comprising part of the bond proceedings until | 7731 |
| the issuing authority has fully paid or provided for the payment | 7732 |
| of debt service on the obligations secured by it; | 7733 |
| (2) In the event of default in any payments required to be | 7734 |
| made by the bond proceedings, enforcement of those payments or | 7735 |
| agreements by mandamus, the appointment of a receiver, suit in | 7736 |
| equity, action at law, or any combination of them; | 7737 |
| (3) The rights and remedies of the holders or owners of | 7738 |
| obligations and of the trustee and provisions for protecting and | 7739 |
| enforcing them, including limitations on rights of individual | 7740 |
| holders and owners. | 7741 |
| (H) The bond proceedings may contain additional provisions | 7742 |
| customary or appropriate to the financing or to the obligations or | 7743 |
| to particular obligations including, but not limited to, | 7744 |
| provisions for: | 7745 |
| (1) The redemption of obligations prior to maturity at the | 7746 |
| option of the issuing authority or of the holder or upon the | 7747 |
| occurrence of certain conditions, and at a particular price or | 7748 |
| prices and under particular terms and conditions; | 7749 |
| (2) The form of and other terms of the obligations; | 7750 |
| (3) The establishment, deposit, investment, and application | 7751 |
| of special funds, and the safeguarding of moneys on hand or on | 7752 |
| deposit, in lieu of the applicability of provisions of Chapter | 7753 |
| 131. or 135. of the Revised Code, but subject to any special | 7754 |
| provisions of this section with respect to the application of | 7755 |
| particular funds or moneys. Any financial institution that acts as | 7756 |
| a depository of any moneys in special funds or other funds under | 7757 |
| the bond proceedings may furnish indemnifying bonds or pledge | 7758 |
| securities as required by the issuing authority. | 7759 |
| (4) Any or every provision of the bond proceedings being | 7760 |
| binding upon the issuing authority and upon such governmental | 7761 |
| agency or entity, officer, board, authority, agency, department, | 7762 |
| institution, district, or other person or body as may from time to | 7763 |
| time be authorized to take actions as may be necessary to perform | 7764 |
| all or any part of the duty required by the provision; | 7765 |
| (5) The maintenance of each pledge or instrument comprising | 7766 |
| part of the bond proceedings until the issuing authority has fully | 7767 |
| paid or provided for the payment of the debt service on the | 7768 |
| obligations or met other stated conditions; | 7769 |
| (6) In the event of default in any payments required to be | 7770 |
| made by the bond proceedings, or by any other agreement of the | 7771 |
| issuing authority made as part of a contract under which the | 7772 |
| obligations were issued or secured, including a credit enhancement | 7773 |
| facility, the enforcement of those payments by mandamus, a suit in | 7774 |
| equity, an action at law, or any combination of those remedial | 7775 |
| actions; | 7776 |
| (7) The rights and remedies of the holders or owners of | 7777 |
| obligations or of book-entry interests in them, and of third | 7778 |
| parties under any credit enhancement facility, and provisions for | 7779 |
| protecting and enforcing those rights and remedies, including | 7780 |
| limitations on rights of individual holders or owners; | 7781 |
| (8) The replacement of mutilated, destroyed, lost, or stolen | 7782 |
| obligations; | 7783 |
| (9) The funding, refunding, or advance refunding, or other | 7784 |
| provision for payment, of obligations that will then no longer be | 7785 |
| outstanding for purposes of this section or of the applicable bond | 7786 |
| proceedings; | 7787 |
| (10) Amendment of the bond proceedings; | 7788 |
| (11) Any other or additional agreements with the owners of | 7789 |
| obligations, and such other provisions as the issuing authority | 7790 |
| determines, including limitations, conditions, or qualifications, | 7791 |
| relating to any of the foregoing or the activities of the issuing | 7792 |
| authority in connection therewith. | 7793 |
| The bond proceedings shall make provision for the payment of | 7794 |
| the expenses of the enforcement activity of the attorney general | 7795 |
| referred to in division (B) of this section from the amounts from | 7796 |
| the tobacco master settlement agreement assigned and sold to the | 7797 |
| issuing authority under that division or from the proceeds of | 7798 |
| obligations, or a combination thereof, which may include provision | 7799 |
| for both annual payments and a special fund providing reserve | 7800 |
| amounts for the payment of those expenses. | 7801 |
| The issuing authority shall not, and shall covenant in the | 7802 |
| bond proceedings that it shall not, be authorized to and shall not | 7803 |
| file a voluntary petition under the United States Bankruptcy Code, | 7804 |
| 11 U.S.C. 101 et seq., as amended, or voluntarily commence any | 7805 |
| similar bankruptcy proceeding under state law including, without | 7806 |
| limitation, consenting to the appointment of a receiver or trustee | 7807 |
| or making a general or specific assignment for the benefit of | 7808 |
| creditors, and neither any public officer or any organization, | 7809 |
| entity, or other person shall authorize the issuing authority to | 7810 |
| be or become a debtor under the United States Bankruptcy Code or | 7811 |
| take any of those actions under the United States Bankruptcy Code | 7812 |
| or state law. The state hereby covenants, and the issuing | 7813 |
| authority shall covenant, with the holders or owners of the | 7814 |
| obligations, that the state shall not permit the issuing authority | 7815 |
| to file a voluntary petition under the United States Bankruptcy | 7816 |
| Code or take any of those actions under the United States | 7817 |
| Bankruptcy Code or state law during the period obligations are | 7818 |
| outstanding and for any additional period for which the issuing | 7819 |
| authority covenants in the bond proceedings, which additional | 7820 |
| period may, but need not, be a period of three hundred sixty-seven | 7821 |
| days or more. | 7822 |
| (I) The obligations requiring execution by or for the issuing | 7823 |
| authority shall be signed as provided in the bond proceedings, and | 7824 |
| may bear the official seal of the issuing authority or a facsimile | 7825 |
| thereof. Any obligation may be signed by the individual who, on | 7826 |
| the date of execution, is the authorized signer even though, on | 7827 |
| the date of the obligations, that individual is not an authorized | 7828 |
| signer. In case the individual whose signature or facsimile | 7829 |
| signature appears on any obligation ceases to be an authorized | 7830 |
| signer before delivery of the obligation, that signature or | 7831 |
| facsimile is nevertheless valid and sufficient for all purposes as | 7832 |
| if that individual had remained the authorized signer until | 7833 |
| delivery. | 7834 |
| (J) Obligations are investment securities under Chapter 1308. | 7835 |
| of the Revised Code. Obligations may be issued in bearer or in | 7836 |
| registered form, registrable as to principal alone or as to both | 7837 |
| principal and interest, or both, or in certificated or | 7838 |
| uncertificated form, as the issuing authority determines. | 7839 |
| Provision may be made for the exchange, conversion, or transfer of | 7840 |
| obligations and for reasonable charges for registration, exchange, | 7841 |
| conversion, and transfer. Pending preparation of final | 7842 |
| obligations, the issuing authority may provide for the issuance of | 7843 |
| interim instruments to be exchanged for the final obligations. | 7844 |
| (K) Obligations may be sold at public sale or at private | 7845 |
| sale, in such manner, and at such price at, above, or below par, | 7846 |
| all as determined by and provided by the issuing authority in the | 7847 |
| bond proceedings. | 7848 |
| (L) Except to the extent that rights are restricted by the | 7849 |
| bond proceedings, any owner of obligations or provider of or | 7850 |
| counterparty to a credit enhancement facility may by any suitable | 7851 |
| form of legal proceedings protect and enforce any rights relating | 7852 |
| to obligations or that facility under the laws of this state or | 7853 |
| granted by the bond proceedings. Those rights include the right to | 7854 |
| compel the performance of all applicable duties of the issuing | 7855 |
| authority and the state. Each duty of the issuing authority and | 7856 |
| that issuing authority's officers, staff, and employees, and of | 7857 |
| each state entity or agency, or using district or using | 7858 |
| institution, and its officers, members, staff, or employees, | 7859 |
| undertaken pursuant to the bond proceedings, is hereby established | 7860 |
| as a duty of the entity or individual having authority to perform | 7861 |
| that duty, specifically enjoined by law and resulting from an | 7862 |
| office, trust, or station within the meaning of section 2731.01 of | 7863 |
| the Revised Code. The individuals who are from time to time | 7864 |
| members of the issuing authority, or their designees acting | 7865 |
| pursuant to section 183.52 of the Revised Code, or the issuing | 7866 |
| authority's officers, staff, agents, or employees, when acting | 7867 |
| within the scope of their employment or agency, shall not be | 7868 |
| liable in their personal capacities on any obligations or | 7869 |
| otherwise under the bond proceedings, or for otherwise exercising | 7870 |
| or carrying out any purposes or powers of the issuing authority. | 7871 |
| (M)(1) Subject to any applicable limitations in division (C) | 7872 |
| of this section, the issuing authority may also authorize and | 7873 |
| provide for the issuance of: | 7874 |
| (a) Obligations in the form of bond anticipation notes, and | 7875 |
| may authorize and provide for the renewal of those notes from time | 7876 |
| to time by the issuance of new notes. The holders of notes or | 7877 |
| appertaining interest coupons have the right to have debt service | 7878 |
| on those notes paid solely from the moneys and special funds, and | 7879 |
| all or any portion of the pledged receipts, that are or may be | 7880 |
| pledged to that payment, including the proceeds of bonds or | 7881 |
| renewal notes or both, as the issuing authority provides in the | 7882 |
| bond proceedings authorizing the notes. Notes may be additionally | 7883 |
| secured by covenants of the issuing authority to the effect that | 7884 |
| the issuing authority will do all things necessary for the | 7885 |
| issuance of bonds or renewal notes in such principal amount and | 7886 |
| upon such terms as may be necessary to provide moneys to pay when | 7887 |
| due the debt service on the notes, and apply their proceeds to the | 7888 |
| extent necessary, to make full and timely payment of debt service | 7889 |
| on the notes as provided in the applicable bond proceedings. In | 7890 |
| the bond proceedings authorizing the issuance of bond anticipation | 7891 |
| notes the issuing authority shall set forth for the bonds | 7892 |
| anticipated an estimated schedule of annual principal payments the | 7893 |
| latest of which shall be no later than provided in division (D) of | 7894 |
| this section. While the notes are outstanding there shall be | 7895 |
| deposited, as shall be provided in the bond proceedings for those | 7896 |
| notes, from the sources authorized for payment of debt service on | 7897 |
| the bonds, amounts sufficient to pay the principal of the bonds | 7898 |
| anticipated as set forth in that estimated schedule during the | 7899 |
| time the notes are outstanding, which amounts shall be used solely | 7900 |
| to pay the principal of those notes or of the bonds anticipated. | 7901 |
| (b) Obligations for the refunding, including funding and | 7902 |
| retirement, and advance refunding, with or without payment or | 7903 |
| redemption prior to maturity, of any obligations previously issued | 7904 |
| under this section and any bonds or notes previously issued for | 7905 |
| the purpose of paying costs of capital facilities for: (i) | 7906 |
| state-supported or state-assisted institutions of higher education | 7907 |
| as authorized by sections 151.01 and 151.04 of the Revised Code, | 7908 |
| pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution; | 7909 |
| (ii) housing branches and agencies of state government, including | 7910 |
| but not limited to facilities for housing state agencies as | 7911 |
| authorized by section 152.09 of the Revised Code, pursuant to | 7912 |
| Section 2i of Article VIII, Ohio Constitution, for a system of | 7913 |
| common schools throughout the state as authorized by sections | 7914 |
| 151.01 and 151.03 of the Revised Code, pursuant to Sections 2i and | 7915 |
| 2n of Article VIII, Ohio Constitution, and for use as state | 7916 |
| correctional facilities or county, multicounty, municipal-county, | 7917 |
| and multicounty-municipal jail facilities or workhouses as | 7918 |
| authorized by section 152.33 of the Revised Code, pursuant to | 7919 |
| Section 2i of Article VIII, Ohio Constitution; (iii) mental | 7920 |
| hygiene and retardation as authorized by sections 154.01 and | 7921 |
| 154.20 of the Revised Code, pursuant to Section 2i of Article | 7922 |
| VIII, Ohio Constitution; and (iv) parks and recreation as | 7923 |
| authorized by sections 154.01 and 154.22 of the Revised Code, | 7924 |
| pursuant to Section 2i of Article VIII, Ohio Constitution. | 7925 |
| Refunding obligations may be issued in amounts sufficient to pay | 7926 |
| or to provide for repayment of the principal amount, including | 7927 |
| principal amounts maturing prior to the redemption of the | 7928 |
| remaining prior obligations or bonds or notes, any redemption | 7929 |
| premium, and interest accrued or to accrue to the maturity or | 7930 |
| redemption date or dates, payable on the prior obligations or | 7931 |
| bonds or notes, and related financing costs and any expenses | 7932 |
| incurred or to be incurred in connection with that issuance and | 7933 |
| refunding. Subject to the applicable bond proceedings, the portion | 7934 |
| of the proceeds of the sale of refunding obligations issued under | 7935 |
| division (M)(1)(b) of this section to be applied to debt service | 7936 |
| on the prior obligations or bonds or notes shall be credited to an | 7937 |
| appropriate separate account in the bond service fund and held in | 7938 |
| trust for the purpose by the issuing authority or by a corporate | 7939 |
| trustee, and may be invested as provided in the bond proceedings. | 7940 |
| Obligations authorized under this division shall be considered to | 7941 |
| be issued for those purposes for which the prior obligations or | 7942 |
| bonds or notes were issued. | 7943 |
| (2) The principal amount of refunding, advance refunding, or | 7944 |
| renewal obligations issued pursuant to division (M) of this | 7945 |
| section shall be in addition to the amount authorized in division | 7946 |
| (C) of this section. | 7947 |
| (N) Obligations are lawful investments for banks, savings and | 7948 |
| loan associations, credit union share guaranty corporations, trust | 7949 |
| companies, trustees, fiduciaries, insurance companies, including | 7950 |
| domestic for life and domestic not for life, trustees or other | 7951 |
| officers having charge of sinking and bond retirement or other | 7952 |
| special funds of the state and political subdivisions and taxing | 7953 |
| districts of this state, notwithstanding any other provisions of | 7954 |
| the Revised Code or rules adopted pursuant to those provisions by | 7955 |
| any state agency with respect to investments by them, and are also | 7956 |
| acceptable as security for the repayment of the deposit of public | 7957 |
| moneys. The exemptions from taxation in Ohio as provided for in | 7958 |
| particular sections of the Ohio Constitution and section 5709.76 | 7959 |
| of the Revised Code apply to the obligations. | 7960 |
| (O)(1) Unless otherwise provided or provided for in any | 7961 |
| applicable bond proceedings, moneys to the credit of or in a | 7962 |
| special fund shall be disbursed on the order of the issuing | 7963 |
| authority. No such order is required for the payment, from the | 7964 |
| bond service fund or other special fund, when due of debt service | 7965 |
| or required payments under credit enhancement facilities. | 7966 |
| (2) Payments received by the issuing authority under interest | 7967 |
| rate hedges entered into as credit enhancement facilities under | 7968 |
| this section shall be deposited as provided in the applicable bond | 7969 |
| proceedings. | 7970 |
| (P) The obligations shall not be general obligations of the | 7971 |
| state and the full faith and credit, revenue, and taxing power of | 7972 |
| the state shall not be pledged to the payment of debt service on | 7973 |
| them or to any guarantee of the payment of that debt service. The | 7974 |
| holders or owners of the obligations shall have no right to have | 7975 |
| any moneys obligated or pledged for the payment of debt service | 7976 |
| except as provided in this section and in the applicable bond | 7977 |
| proceedings. The rights of the holders and owners to payment of | 7978 |
| debt service are limited to all or that portion of the pledged | 7979 |
| receipts, and those special funds, pledged to the payment of debt | 7980 |
| service pursuant to the bond proceedings in accordance with this | 7981 |
| section, and each obligation shall bear on its face a statement to | 7982 |
| that effect. | 7983 |
| (Q) Each bond service fund is a trust fund and is hereby | 7984 |
| pledged to the payment of debt service on the applicable | 7985 |
| obligations. Payment of that debt service shall be made or | 7986 |
| provided for by the issuing authority in accordance with the bond | 7987 |
| proceedings without necessity for any act of appropriation. The | 7988 |
| bond proceedings may provide for the establishment of separate | 7989 |
| accounts in the bond service fund and for the application of those | 7990 |
| accounts only to debt service on specific obligations, and for | 7991 |
| other accounts in the bond service fund within the general | 7992 |
| purposes of that fund. | 7993 |
| (R) Subject to the bond proceedings pertaining to any | 7994 |
| obligations then outstanding in accordance with their terms, the | 7995 |
| issuing authority may in the bond proceedings pledge all, or such | 7996 |
| portion as the issuing authority determines, of the moneys in the | 7997 |
| bond service fund to the payment of debt service on particular | 7998 |
| obligations, and for the establishment and maintenance of any | 7999 |
| reserves for payment of particular debt service. | 8000 |
| (S)(1) Unless otherwise provided in any applicable bond | 8001 |
| proceedings, moneys to the credit of special funds may be invested | 8002 |
| by or on behalf of the issuing authority only in one or more of | 8003 |
| the following: | 8004 |
| (a) Notes, bonds, or other direct obligations of the United | 8005 |
| States or of any agency or instrumentality of the United States, | 8006 |
| or in no-front-end-load money market mutual funds consisting | 8007 |
| exclusively of those obligations, or in repurchase agreements, | 8008 |
| including those issued by any fiduciary, secured by those | 8009 |
| obligations, or in collective investment funds consisting | 8010 |
| exclusively of those obligations; | 8011 |
| (b) Obligations of this state or any political subdivision of | 8012 |
| this state; | 8013 |
| (c) Certificates of deposit of any national bank located in | 8014 |
| this state and any bank, as defined in section 1101.01 of the | 8015 |
| Revised Code, subject to inspection by the superintendent of | 8016 |
| financial institutions; | 8017 |
| (d) The treasurer of state's pooled investment program under | 8018 |
| section 135.45 of the Revised Code; | 8019 |
| (e) Other investment agreements or repurchase agreements that | 8020 |
| are consistent with the ratings on the obligations. | 8021 |
| (2) The income from investments referred to in division | 8022 |
| (S)(1) of this section shall be credited to special funds or | 8023 |
| otherwise as the issuing authority determines in the bond | 8024 |
| proceedings. Those investments may be sold or exchanged at times | 8025 |
| as the issuing authority determines, provides for, or authorizes. | 8026 |
| (T) The treasurer of state shall have responsibility for | 8027 |
| keeping records, making reports, and making payments, relating to | 8028 |
| any arbitrage rebate requirements under the applicable bond | 8029 |
| proceedings. | 8030 |
| Sec. 183.52. (A) There is hereby created a body, both | 8031 |
| corporate and politic, constituting an agency and instrumentality | 8032 |
| of this state and performing essential functions of the state, to | 8033 |
| be known as the Ohio tobacco settlement financing authority, which | 8034 |
| in that name may contract and be contracted with, sue and be sued, | 8035 |
| and exercise all other authority vested in that authority by this | 8036 |
| section and section 183.51 of the Revised Code. The authority is | 8037 |
| created for the sole purpose of purchasing and receiving any | 8038 |
| assignment of the tobacco settlement receipts and issuing | 8039 |
| obligations, all as provided for in section 183.51 of the Revised | 8040 |
| Code, to provide financing of essential functions and facilities. | 8041 |
| The property of the authority and its income and operations shall | 8042 |
| be exempt from taxation involving the state or by the state and | 8043 |
| any political subdivision of the state. All income of the | 8044 |
| authority, after the payment of necessary expenses, shall accrue | 8045 |
| to the state. | 8046 |
| (B) The authority shall consist of, in each case ex officio, | 8047 |
| the governor, the director of budget and management, the tax | 8048 |
| commissioner, the treasurer of state, and the auditor of state. | 8049 |
| The governor shall serve as the chair of the authority, the | 8050 |
| director of budget and management shall serve as its secretary, | 8051 |
| and the authority shall have such other officers as it determines, | 8052 |
| who may but need not be members of the authority. Four members of | 8053 |
| the authority constitute a quorum and the affirmative vote of four | 8054 |
| members is necessary for any action taken by vote of the | 8055 |
| authority. No vacancy in the membership of the authority shall | 8056 |
| impair the rights of a quorum by such vote to exercise all the | 8057 |
| rights and perform all the duties of the authority. Each of the | 8058 |
| members above identified may designate an employee or officer of | 8059 |
| their office to attend meetings of the authority when that member | 8060 |
| is absent or unable for any reason to attend and that designee, | 8061 |
| when present, shall be counted in determining whether a quorum is | 8062 |
| present at any meeting and may vote and participate in all | 8063 |
| proceedings and actions of the authority. A designee may not | 8064 |
| execute or cause a facsimile signature to be placed on any | 8065 |
| obligation. That designation shall be in writing, executed by the | 8066 |
| designating member, and be filed with the secretary of the | 8067 |
| authority. A designation may be changed from time to time by a | 8068 |
| similar written designation. The authority may delegate to such of | 8069 |
| its members, officers, employees, or staff as it determines those | 8070 |
| powers and duties as it deems appropriate. No member of the | 8071 |
| authority or designee shall, by reason of being or serving as a | 8072 |
| member of the authority, be required to abstain from action in any | 8073 |
| other capacity as an incumbent of a state office or position or | 8074 |
| from any action as a member of the authority in any matter | 8075 |
| affecting or in any way pertaining to both that office or position | 8076 |
| and the authority, or for any purpose be deemed to be disqualified | 8077 |
| from either such office or position or as a member of the | 8078 |
| authority by reason of so acting or to have violated any law by | 8079 |
| reason thereof. The authority may adopt and alter bylaws and rules | 8080 |
| for the conduct of its affairs, including provisions for meetings, | 8081 |
| and for the manner in which its powers and functions are to be | 8082 |
| exercised and embodied, and may adopt and alter at will an | 8083 |
| official seal to be affixed to official documents, provided that | 8084 |
| the failure to affix any such seal shall not affect the legality | 8085 |
| of such documents. Members of the authority shall receive no added | 8086 |
| compensation for their services as such members but may be | 8087 |
| reimbursed, as determined by the authority, for their necessary | 8088 |
| and actual expenses incurred in the conduct of the authority's | 8089 |
| business. The office of budget and management shall provide staff | 8090 |
| support to the authority. | 8091 |
| Notwithstanding the existence of common management, the | 8092 |
| authority shall be treated and accounted for as a separate and | 8093 |
| independent legal entity with its separate purposes as set forth | 8094 |
| in this section and section 183.51 of the Revised Code. The | 8095 |
| assets, liabilities, and funds of the authority shall not be | 8096 |
| consolidated or commingled with those of the state, and contracts | 8097 |
| entered into by the authority shall be entered into in the name of | 8098 |
| the authority and not in the name of the state. | 8099 |
| (C) In connection with the exercise of its powers pursuant to | 8100 |
| this section and section 183.51 of the Revised Code, the authority | 8101 |
| may enter into contracts and execute all instruments necessary or | 8102 |
| incidental to the performance of the issuing authority's duties | 8103 |
| and the execution of the issuing authority's powers and do all | 8104 |
| other acts necessary or proper to the fulfillment of the issuing | 8105 |
| authority's purposes and to carry out the powers expressly granted | 8106 |
| in this section and section 183.51 of the Revised Code. | 8107 |
| (D) Unless otherwise provided in Article IV of the Ohio | 8108 |
| Constitution, any action, suit, or special proceeding brought | 8109 |
| against the issuing authority or the state concerning or relating | 8110 |
| to the bond proceedings, section 183.51 of the Revised Code, or | 8111 |
| this section, shall be filed and determined in the court of claims | 8112 |
| under Chapter 2743. of the Revised Code. Any special proceeding | 8113 |
| brought against the issuing authority or the state in which the | 8114 |
| court of appeals has original jurisdiction shall be filed and | 8115 |
| determined in the court of appeals of Franklin county. Any such | 8116 |
| action or proceeding to which the issuing authority or the state | 8117 |
| is a party shall be preferred over all other civil causes of | 8118 |
| action or cases, except election causes of action or cases, | 8119 |
| irrespective of position on the calendar. | 8120 |
| Sec. 307.021. (A) It is hereby declared to be a public | 8121 |
| purpose and function of the state, and a matter of urgent | 8122 |
| necessity, that the state acquire, construct, or renovate capital | 8123 |
| facilities for use as county, multicounty, municipal-county, and | 8124 |
| multicounty-municipal jail facilities or workhouses, as | 8125 |
| single-county or district community-based correctional facilities | 8126 |
| authorized under section 2301.51 of the Revised Code, as minimum | 8127 |
| security misdemeanant jails under sections 341.34 and 753.21 of | 8128 |
| the Revised Code, and as single-county or joint-county juvenile | 8129 |
| facilities authorized under section 2151.65 of the Revised Code in | 8130 |
| order to comply with constitutional standards and laws for the | 8131 |
| incarceration of alleged and convicted offenders against state and | 8132 |
| local laws, and for use as county family court centers. For these | 8133 |
| purposes, counties and municipal corporations are designated as | 8134 |
| state agencies to perform duties of the state in relation to such | 8135 |
| facilities, workhouses, jails, and centers, and such facilities, | 8136 |
| workhouses, jails, and centers are designated as state capital | 8137 |
| facilities. The Ohio building authority is authorized to issue | 8138 |
| revenue obligations under sections 152.09 to 152.33 of the Revised | 8139 |
| Code to pay all or part of the cost of such state capital | 8140 |
| facilities as are designated by law. | 8141 |
| The office of the sheriff, due to its responsibilities | 8142 |
| concerning alleged and convicted offenders against state laws, is | 8143 |
| designated as the state agency having jurisdiction over such jail, | 8144 |
| workhouse, community-based correctional, or county minimum | 8145 |
| security misdemeanant jail capital facilities in any one county or | 8146 |
| over any district community-based correctional facilities. The | 8147 |
| corrections commission, due to its responsibilities in relation to | 8148 |
| such offenders, is designated as the state agency having | 8149 |
| jurisdiction over any such multicounty, municipal-county, or | 8150 |
| multicounty-municipal jail, workhouse, or correctional capital | 8151 |
| facilities. The office of the chief of police or marshal of a | 8152 |
| municipal corporation, due to its responsibilities concerning | 8153 |
| certain alleged and convicted criminal offenders, is designated as | 8154 |
| the state agency having jurisdiction over any such municipal | 8155 |
| corporation minimum security misdemeanant jail capital facilities | 8156 |
| in the municipal corporation. The juvenile court, as defined in | 8157 |
| section 2151.011 of the Revised Code, is designated as the branch | 8158 |
| of state government having jurisdiction over any such family court | 8159 |
| center or single-county or joint-county juvenile capital | 8160 |
| facilities. It is hereby determined and declared that such capital | 8161 |
| facilities are for the purpose of housing such state agencies, | 8162 |
| their functions, equipment, and personnel. | 8163 |
| (B) The capital facilities provided for in this section may | 8164 |
| be included in capital facilities in which one or more | 8165 |
| governmental entities are participating or in which other | 8166 |
| facilities of the county or counties, or any municipal | 8167 |
| corporations, are included pursuant to section 152.31 or 152.33 of | 8168 |
| the Revised Code or in an agreement between any county or counties | 8169 |
| and any municipal corporation or municipal corporations for | 8170 |
| participating in the joint construction, acquisition, or | 8171 |
| improvement of public works, public buildings, or improvements | 8172 |
| benefiting the parties in the same manner as set forth in section | 8173 |
| 153.61 of the Revised Code. | 8174 |
| (C) A county or counties or a municipal corporation or | 8175 |
| municipal corporations may contribute to the cost of capital | 8176 |
| facilities authorized under this section. | 8177 |
| (D) A county or counties, and any municipal corporations, | 8178 |
| shall lease capital facilities described in this section that are | 8179 |
| constructed, reconstructed, otherwise improved, or financed by the | 8180 |
| Ohio building authority pursuant to sections 152.09 to 152.33 of | 8181 |
| the Revised Code for the use of the county or counties and any | 8182 |
| municipal corporations, and may enter into other agreements | 8183 |
| ancillary to the construction, reconstruction, improvement, | 8184 |
| financing, leasing, or operation of such capital facilities, | 8185 |
| including, but not limited to, any agreements required by the | 8186 |
| applicable bond proceedings authorized by sections 152.09 to | 8187 |
| 152.33 of the Revised Code. | 8188 |
| Such lease may obligate the county or counties and any | 8189 |
| municipal corporation, as using state agencies under Chapter 152. | 8190 |
| of the Revised Code, to occupy and operate such capital facilities | 8191 |
| for such period of time as may be specified by law and to pay such | 8192 |
| rent as the authority determines to be appropriate. | 8193 |
| Notwithstanding any other section of the Revised Code, any county | 8194 |
| or counties or municipal corporation may enter into such a lease, | 8195 |
| and any such lease is legally sufficient to obligate the political | 8196 |
| subdivision for the term stated in the lease. Any such lease | 8197 |
| constitutes an agreement described in division (E) of section | 8198 |
| 152.24 of the Revised Code. | 8199 |
| (E) If rental payments required from the county or counties | 8200 |
| or municipal corporation by a lease established pursuant to this | 8201 |
| section are not paid in accordance with such lease, the funds | 8202 |
| which otherwise would be apportioned to the lessees from the | 8203 |
| county undivided local | 8204 |
| sections 5747.51 to 5747.53 of the Revised Code, shall be reduced | 8205 |
| by the amount of rent payable to the authority. The county | 8206 |
| treasurer immediately shall pay the amount of such reductions to | 8207 |
| the authority. | 8208 |
| (F) Any lease of capital facilities authorized by this | 8209 |
| section, the rentals of which are payable in whole or in part from | 8210 |
| appropriations made by the general assembly, is governed by | 8211 |
| division (D) of section 152.24 of the Revised Code. Such rentals | 8212 |
| constitute available receipts as defined in section 152.09 of the | 8213 |
| Revised Code and may be pledged for the payment of bond service | 8214 |
| charges as provided in section 152.10 of the Revised Code. | 8215 |
| (G) Any provision of section 152.21, 152.22, or 152.26 of the | 8216 |
| Revised Code that applies to buildings and facilities described in | 8217 |
| section 152.19 of the Revised Code also applies to the buildings | 8218 |
| and facilities described in this section, unless it is | 8219 |
| inconsistent with this section. | 8220 |
| Sec. 307.37. (A) As used in division (B)(3) of this section, | 8221 |
| "proposed new construction" means a proposal to erect, construct, | 8222 |
| repair, alter, redevelop, or maintain a single-family, two-family, | 8223 |
| or three-family dwelling or any structure that is regulated by the | 8224 |
| Ohio building code. | 8225 |
| (B)(1)(a) The board of county commissioners may adopt local | 8226 |
| residential building regulations governing residential buildings | 8227 |
| as defined in section 3781.06 of the Revised Code, to be enforced | 8228 |
| within the unincorporated area of the county or within districts | 8229 |
| the board establishes in any part of the unincorporated area. No | 8230 |
| local residential building regulation shall differ from the state | 8231 |
| residential building code the board of building standards | 8232 |
| establishes pursuant to Chapter 3781. of the Revised Code unless | 8233 |
| the regulation addresses subject matter not addressed by the state | 8234 |
| residential building code or is adopted pursuant to section | 8235 |
| 3781.01 of the Revised Code. | 8236 |
| (b) The board of county commissioners may, by resolution, | 8237 |
| adopt, administer, and enforce within the unincorporated area of | 8238 |
| the county, or within districts the board establishes in the | 8239 |
| unincorporated area, an existing structures code pertaining to the | 8240 |
| repair and continued maintenance of structures and the premises of | 8241 |
| those structures provided that the existing structures code | 8242 |
| governs subject matter not addressed by, and is not in conflict | 8243 |
| with, the state residential building code adopted pursuant to | 8244 |
| Chapter 3781. of the Revised Code. The board may adopt by | 8245 |
| incorporation by reference a model or standard code prepared and | 8246 |
| promulgated by the state, any agency of this state, or any private | 8247 |
| organization that publishes a recognized or standard existing | 8248 |
| structures code. | 8249 |
| (c) The board shall assign the duties of administering and | 8250 |
| enforcing any local residential building regulations or existing | 8251 |
| structures code to a county officer or employee who is trained and | 8252 |
| qualified for those duties and shall establish by resolution the | 8253 |
| minimum qualifications necessary to perform those duties. | 8254 |
| (2) The board may adopt regulations for participation in the | 8255 |
| national flood insurance program as defined in section 1521.01 of | 8256 |
| the Revised Code and regulations for the purposes of section | 8257 |
| 1506.04 or 1506.07 of the Revised Code governing the prohibition, | 8258 |
| location, erection, construction, redevelopment, or floodproofing | 8259 |
| of new buildings or structures, substantial improvements to | 8260 |
| existing buildings or structures, or other development in | 8261 |
| unincorporated territory within flood hazard areas identified | 8262 |
| under the "Flood Disaster Protection Act of 1973," 87 Stat. 975, | 8263 |
| 42 U.S.C.A. 4002, as amended, or within Lake Erie coastal erosion | 8264 |
| areas identified under section 1506.06 of the Revised Code, | 8265 |
| including, but not limited to, residential, commercial, | 8266 |
| institutional, or industrial buildings or structures or other | 8267 |
| permanent structures, as defined in section 1506.01 of the Revised | 8268 |
| Code. Rules adopted under division (B)(2) of this section shall | 8269 |
| not conflict with the state residential and nonresidential | 8270 |
| building codes adopted pursuant to section 3781.10 of the Revised | 8271 |
| Code. | 8272 |
| (3)(a) A board may adopt regulations that provide for a | 8273 |
| review of the specific effects of a proposed new construction on | 8274 |
| existing surface or subsurface drainage. The regulations may | 8275 |
| require reasonable drainage mitigation and reasonable alteration | 8276 |
| of a proposed new construction before a building permit is issued | 8277 |
| in order to prevent or correct any adverse effects that the | 8278 |
| proposed new construction may have on existing surface or | 8279 |
| subsurface drainage. The regulations shall not be inconsistent | 8280 |
| with, more stringent than, or broader in scope than standards | 8281 |
| adopted by the natural resource conservation service in the United | 8282 |
| States department of agriculture concerning drainage or rules | 8283 |
| adopted by the environmental protection agency for reducing, | 8284 |
| controlling, or mitigating storm water runoff from construction | 8285 |
| sites, where applicable. The regulations shall allow a person who | 8286 |
| is registered under Chapter 4703. or 4733. of the Revised Code to | 8287 |
| prepare and submit relevant plans and other documents for review, | 8288 |
| provided that the person is authorized to prepare the plans and | 8289 |
| other documents pursuant to the person's registration. | 8290 |
| (b) If regulations are adopted under division (B)(3) of this | 8291 |
| section, the board shall specify in the regulations a procedure | 8292 |
| for the review of the specific effects of a proposed new | 8293 |
| construction on existing surface or subsurface drainage. The | 8294 |
| procedure shall include at a minimum all of the following: | 8295 |
| (i) A meeting at which the proposed new construction shall be | 8296 |
| examined for those specific effects. The meeting shall be held | 8297 |
| within thirty days after an application for a building permit is | 8298 |
| filed or a review is requested unless the applicant agrees in | 8299 |
| writing to extend that time period or to postpone the meeting to | 8300 |
| another date, time, or place. The meeting shall be scheduled | 8301 |
| within five days after an application for a building permit is | 8302 |
| filed or a review is requested. | 8303 |
| (ii) Written notice of the date, time, and place of that | 8304 |
| meeting, sent by regular mail to the applicant. The written notice | 8305 |
| shall be mailed at least seven days before the scheduled meeting | 8306 |
| date. | 8307 |
| (iii) Completion of the review by the board of county | 8308 |
| commissioners not later than thirty days after the application for | 8309 |
| a building permit is filed or a review is requested unless the | 8310 |
| applicant has agreed in writing to extend that time period or | 8311 |
| postpone the meeting to a later time, in which case the review | 8312 |
| shall be completed not later than two days after the date of the | 8313 |
| meeting. A complete review shall include the issuance of any order | 8314 |
| of the board of county commissioners regarding necessary | 8315 |
| reasonable drainage mitigation and necessary reasonable | 8316 |
| alterations to the proposed new construction to prevent or correct | 8317 |
| any adverse effects on existing surface or subsurface drainage so | 8318 |
| long as those alterations comply with the state residential and | 8319 |
| nonresidential building codes adopted pursuant to section 3781.10 | 8320 |
| of the Revised Code. If the review is not completed within the | 8321 |
| thirty-day period or an extended or postponed period that the | 8322 |
| applicant has agreed to, the proposed new construction shall be | 8323 |
| deemed to have no adverse effects on existing surface or | 8324 |
| subsurface drainage, and those effects shall not be a valid basis | 8325 |
| for the denial of a building permit. | 8326 |
| (iv) A written statement, provided to the applicant at the | 8327 |
| meeting or in an order for alterations to a proposed new | 8328 |
| construction, informing the applicant of the right to seek | 8329 |
| appellate review of the denial of a building permit under division | 8330 |
| (B)(3)(b)(iii) of this section by filing a petition in accordance | 8331 |
| with Chapter 2506. of the Revised Code. | 8332 |
| (c) The regulations may authorize the board, after obtaining | 8333 |
| the advice of the county engineer, to enter into an agreement with | 8334 |
| the county engineer or another qualified person or entity to carry | 8335 |
| out any necessary inspections and make evaluations about what, if | 8336 |
| any, alterations are necessary to prevent or correct any adverse | 8337 |
| effects that a proposed new construction may have on existing | 8338 |
| surface or subsurface drainage. | 8339 |
| (d) Regulations adopted pursuant to division (B)(3) of this | 8340 |
| section shall not apply to any property that a platting authority | 8341 |
| has approved under section 711.05, 711.09, or 711.10 of the | 8342 |
| Revised Code and shall not govern the same subject matter as the | 8343 |
| state residential or nonresidential building codes adopted | 8344 |
| pursuant to section 3781.10 of the Revised Code. | 8345 |
| (e) As used in division (B)(3) of this section, "subsurface | 8346 |
|
drainage" does not include a household sewage | 8347 |
| system as defined in section 3709.091 of the Revised Code. | 8348 |
| (C)(1) Any regulation, code, or amendment may be adopted | 8349 |
| under this section only after a public hearing at not fewer than | 8350 |
| two regular or special sessions of the board. The board shall | 8351 |
| cause notice of any public hearing to be published in a newspaper | 8352 |
| of general circulation in the county once a week for the two | 8353 |
| consecutive weeks immediately preceding the hearing, except that | 8354 |
| if the board posts the hearing notice on the board's internet site | 8355 |
| on the world wide web, the board need publish only one notice of | 8356 |
| the hearing in a newspaper of general circulation if that | 8357 |
| newspaper notice includes the board's internet site and a | 8358 |
| statement that the notice is also posted on the internet site. Any | 8359 |
| notice of a public hearing shall include the time, date, and place | 8360 |
| of the hearing. | 8361 |
| (2) Any proposed regulation, code, or amendment shall be made | 8362 |
| available to the public at the board office. The regulations or | 8363 |
| amendments shall take effect on the thirty-first day following the | 8364 |
| date of their adoption. | 8365 |
| (D)(1) No person shall violate any regulation, code, or | 8366 |
| amendment the board adopts under sections 307.37 to 307.40 of the | 8367 |
| Revised Code. | 8368 |
| (2) Each day during which an illegal location, erection, | 8369 |
| construction, floodproofing, repair, alteration, development, | 8370 |
| redevelopment, or maintenance continues may be considered a | 8371 |
| separate offense. | 8372 |
| (E) Regulations or amendments the board adopts pursuant to | 8373 |
| this section, with the exception of an existing structures code, | 8374 |
| do not affect buildings or structures that exist or on which | 8375 |
| construction has begun on or before the date the board adopts the | 8376 |
| regulation or amendment. | 8377 |
| (F)(1) The board may create a building department and employ | 8378 |
| the personnel it determines necessary to administer and enforce | 8379 |
| any local residential building regulations or existing structures | 8380 |
| code the board adopts pursuant to this section. The building | 8381 |
| department may enforce the state residential and nonresidential | 8382 |
| building codes adopted pursuant to Chapter 3781. of the Revised | 8383 |
| Code if the building department is certified pursuant to section | 8384 |
| 3781.10 of the Revised Code to enforce those codes. | 8385 |
| (2) The board may direct the building department, upon | 8386 |
| certification, to exercise enforcement authority and to accept and | 8387 |
| approve plans pursuant to sections 3781.03 and 3791.04 of the | 8388 |
| Revised Code for the class of building for which the department | 8389 |
| and personnel are certified. | 8390 |
| Sec. 307.695. (A) As used in this section: | 8391 |
| (1) "Arena" means any structure designed and constructed for | 8392 |
| the purpose of providing a venue for public entertainment and | 8393 |
| recreation by the presentation of concerts, sporting and athletic | 8394 |
| events, and other events and exhibitions, including facilities | 8395 |
| intended to house or provide a site for one or more athletic or | 8396 |
| sports teams or activities, spectator facilities, parking | 8397 |
| facilities, walkways, and auxiliary facilities, real and personal | 8398 |
| property, property rights, easements, leasehold estates, and | 8399 |
| interests that may be appropriate for, or used in connection with, | 8400 |
| the operation of the arena. | 8401 |
| (2) "Convention center" means any structure expressly | 8402 |
| designed and constructed for the purposes of presenting | 8403 |
| conventions, public meetings, and exhibitions and includes parking | 8404 |
| facilities that serve the center and any personal property used in | 8405 |
| connection with any such structure or facilities. | 8406 |
| (3) "Eligible county" means a county having a population of | 8407 |
| at least four hundred thousand but not more than eight hundred | 8408 |
| thousand according to the 2000 federal decennial census and that | 8409 |
| directly borders the geographic boundaries of another state. | 8410 |
| (4) "Entity" means a nonprofit corporation, a municipal | 8411 |
| corporation, a port authority created under Chapter 4582. of the | 8412 |
| Revised Code, or a convention facilities authority created under | 8413 |
| Chapter 351. of the Revised Code. | 8414 |
| (5) "Lodging taxes" means excise taxes levied under division | 8415 |
| (A)(1), (A)(2), or (C) of section 5739.09 of the Revised Code and | 8416 |
| the revenues arising therefrom. | 8417 |
| (6) "Nonprofit corporation" means a nonprofit corporation | 8418 |
| that is organized under the laws of this state and that includes | 8419 |
| within the purposes for which it is incorporated the authorization | 8420 |
| to lease and operate facilities such as a convention center or an | 8421 |
| arena or a combination of an arena and convention center. | 8422 |
| (7) "Project" means acquiring, constructing, reconstructing, | 8423 |
| renovating, rehabilitating, expanding, adding to, equipping, | 8424 |
| furnishing or otherwise improving an arena, a convention center, | 8425 |
| or a combination of an arena and convention center. For purposes | 8426 |
| of this section, a project is a permanent improvement for one | 8427 |
| purpose under Chapter 133. of the Revised Code. | 8428 |
| (8) "Project revenues" means money received by | 8429 |
| county with a population of four hundred thousand or more, other | 8430 |
| than money from taxes or from the proceeds of securities secured | 8431 |
| by taxes, in connection with, derived from, related to, or | 8432 |
| resulting from a project, including, but not limited to, rentals | 8433 |
| and other payments received under a lease or agreement with | 8434 |
| respect to the project, ticket charges or surcharges for admission | 8435 |
| to events at a project, charges or surcharges for parking for | 8436 |
| events at a project, charges for the use of a project or any | 8437 |
| portion of a project, including suites and seating rights, the | 8438 |
| sale of naming rights for the project or a portion of the project, | 8439 |
| unexpended proceeds of any county revenue bonds issued for the | 8440 |
| project, and any income and profit from the investment of the | 8441 |
| proceeds of any such revenue bonds or any project revenues. | 8442 |
| (9) "Chapter 133. securities," "debt charges," "general | 8443 |
| obligation," "legislation," "one purpose," "outstanding," | 8444 |
| "permanent improvement," "person," and "securities" have the | 8445 |
| meanings given to those terms in section 133.01 of the Revised | 8446 |
| Code. | 8447 |
| (B) A board of county commissioners may enter into an | 8448 |
| agreement with a convention and visitors' bureau operating in the | 8449 |
| county under which: | 8450 |
| (1) The bureau agrees to construct and equip a convention | 8451 |
| center in the county and to pledge and contribute from the tax | 8452 |
| revenues received by it under division (A) of section 5739.09 of | 8453 |
| the Revised Code, not more than such portion thereof that it is | 8454 |
| authorized to pledge and contribute for the purpose described in | 8455 |
| division (C) of this section; and | 8456 |
| (2) The board agrees to levy a tax under division (C) of | 8457 |
| section 5739.09 of the Revised Code and pledge and contribute the | 8458 |
| revenues therefrom for the purpose described in division (C) of | 8459 |
| this section. | 8460 |
| (C) The purpose of the pledges and contributions described in | 8461 |
| divisions (B)(1) and (2) of this section is payment of principal, | 8462 |
| interest, and premium, if any, on bonds and notes issued by or for | 8463 |
| the benefit of the bureau to finance the construction and | 8464 |
| equipping of a convention center. The pledges and contributions | 8465 |
| provided for in the agreement shall be for the period stated in | 8466 |
| the agreement. Revenues determined from time to time by the board | 8467 |
| to be needed to cover the real and actual costs of administering | 8468 |
| the tax imposed by division (C) of section 5739.09 of the Revised | 8469 |
| Code may not be pledged or contributed. The agreement shall | 8470 |
| provide that any such bonds and notes shall be secured by a trust | 8471 |
| agreement between the bureau or other issuer acting for the | 8472 |
| benefit of the bureau and a corporate trustee that is a trust | 8473 |
| company or bank having the powers of a trust company within or | 8474 |
| without the state, and the trust agreement shall pledge or assign | 8475 |
| to the retirement of the bonds or notes, all moneys paid by the | 8476 |
| county under this section. A tax the revenues from which are | 8477 |
| pledged under an agreement entered into by a board of county | 8478 |
| commissioners under this section shall not be subject to | 8479 |
| diminution by initiative or referendum, or diminution by statute, | 8480 |
| unless provision is made therein for an adequate substitute | 8481 |
| therefor reasonably satisfactory to the trustee under the trust | 8482 |
| agreement that secures the bonds and notes. | 8483 |
| (D) A pledge of money by a county under division (B) of this | 8484 |
| section shall not be indebtedness of the county for purposes of | 8485 |
| Chapter 133. of the Revised Code. | 8486 |
| (E) If the terms of the agreement so provide, the board of | 8487 |
| county commissioners may acquire and lease real property to the | 8488 |
| convention bureau as the site of the convention center. The lease | 8489 |
| shall be on such terms as are set forth in the agreement. The | 8490 |
| purchase and lease are not subject to the limitations of sections | 8491 |
| 307.02 and 307.09 of the Revised Code. | 8492 |
| (F) In addition to the authority granted to a board of county | 8493 |
| commissioners under divisions (B) to (E) of this section, a board | 8494 |
| of county commissioners in a county with a population of one | 8495 |
| million two hundred thousand or more, or a county with a | 8496 |
| population greater than four hundred thousand but less than five | 8497 |
| hundred thousand, may establish and provide local funding options | 8498 |
| for constructing and equipping a convention center. | 8499 |
| (G) The board of county commissioners of | 8500 |
| with a population of four hundred thousand or more may undertake, | 8501 |
| finance, operate, and maintain a project. The board may lease a | 8502 |
| project to an entity on terms that the board determines to be in | 8503 |
| the best interest of the county and in furtherance of the public | 8504 |
| purpose of the project; the lease may be for a term of thirty-five | 8505 |
| years or less and may provide for an option of the entity to renew | 8506 |
| the lease for a term of thirty-five years or less. The board may | 8507 |
| enter into an agreement with an entity with respect to a project | 8508 |
| on terms that the board determines to be in the best interest of | 8509 |
| the county and in furtherance of the public purpose of the | 8510 |
| project. To the extent provided for in an agreement or a lease | 8511 |
| with an entity, the board may authorize the entity to administer | 8512 |
| on behalf of the board any contracts for the project. The board | 8513 |
| may enter into an agreement providing for the sale to a person of | 8514 |
| naming rights to a project or portion of a project, for a period, | 8515 |
| for consideration, and on other terms and conditions that the | 8516 |
| board determines to be in the best interest of the county and in | 8517 |
| furtherance of the public purpose of the project. The board may | 8518 |
| enter into an agreement with a person owning or operating a | 8519 |
| professional athletic or sports team providing for the use by that | 8520 |
| person of a project or portion of a project for that team's | 8521 |
| offices, training, practices, and home games for a period, for | 8522 |
| consideration, and on other terms and conditions that the board | 8523 |
| determines to be in the best interest of the county and in | 8524 |
| furtherance of the public purpose of the project. The board may | 8525 |
| establish ticket charges or surcharges for admission to events at | 8526 |
| a project, charges or surcharges for parking for events at a | 8527 |
| project, and charges for the use of a project or any portion of a | 8528 |
| project, including suites and seating rights, and may, as | 8529 |
| necessary, enter into agreements related thereto with persons for | 8530 |
| a period, for consideration, and on other terms and conditions | 8531 |
| that the board determines to be in the best interest of the county | 8532 |
| and in furtherance of the public purpose of the project. A lease | 8533 |
| or agreement authorized by this division is not subject to | 8534 |
| sections 307.02, 307.09, and 307.12 of the Revised Code. | 8535 |
| (H) Notwithstanding any contrary provision in Chapter 5739. | 8536 |
| of the Revised Code, after adopting a resolution declaring it to | 8537 |
| be in the best interest of the county to undertake a project as | 8538 |
| described in division (G) of this section, the board of county | 8539 |
| commissioners of an eligible county may adopt a resolution | 8540 |
| enacting or increasing any lodging taxes within the limits | 8541 |
| specified in Chapter 5739. of the Revised Code with respect to | 8542 |
| those lodging taxes and amending any prior resolution under which | 8543 |
| any of its lodging taxes have been imposed in order to provide | 8544 |
| that those taxes, after deducting the real and actual costs of | 8545 |
| administering the taxes and any portion of the taxes returned to | 8546 |
| any municipal corporation or township as provided in division | 8547 |
| (A)(1) of section 5739.09 of the Revised Code, shall be used by | 8548 |
| the board for the purposes of undertaking, financing, operating, | 8549 |
| and maintaining the project, including paying debt charges on any | 8550 |
| securities issued by the board under division (I) of this section, | 8551 |
| or to make contributions to the convention and visitors' bureau | 8552 |
| operating within the county, or to promote, advertise, and market | 8553 |
| the region in which the county is located, all as the board may | 8554 |
| determine and make appropriations for from time to time, subject | 8555 |
| to the terms of any pledge to the payment of debt charges on | 8556 |
| outstanding general obligation securities or special obligation | 8557 |
| securities authorized under division (I) of this section. A | 8558 |
| resolution adopted under division (H) of this section shall be | 8559 |
| adopted not earlier than January 15, 2007, and not later than | 8560 |
| January 15, 2008. | 8561 |
| A resolution adopted under division (H) of this section may | 8562 |
| direct the board of elections to submit the question of enacting | 8563 |
| or increasing lodging taxes, as the case may be, to the electors | 8564 |
| of the county at a special election held on the date specified by | 8565 |
| the board in the resolution, provided that the election occurs not | 8566 |
| less than seventy-five days after a certified copy of the | 8567 |
| resolution is transmitted to the board of elections and no later | 8568 |
| than January 15, 2008. A resolution submitted to the electors | 8569 |
| under this division shall not go into effect unless it is approved | 8570 |
| by a majority of those voting upon it. A resolution adopted under | 8571 |
| division (H) of this section that is not submitted to the electors | 8572 |
| of the county for their approval or disapproval is subject to a | 8573 |
| referendum as provided in sections 305.31 to 305.41 of the Revised | 8574 |
| Code. | 8575 |
| A resolution adopted under division (H) of this section takes | 8576 |
| effect upon its adoption, unless the resolution is submitted to | 8577 |
| the electors of the county for their approval or disapproval, in | 8578 |
| which case the resolution takes effect on the date the board of | 8579 |
| county commissioners receives notification from the board of | 8580 |
| elections of the affirmative vote. Lodging taxes received after | 8581 |
| the effective date of the resolution may be used for the purposes | 8582 |
| described in division (H) of this section, except that lodging | 8583 |
| taxes that have been pledged to the payment of debt charges on any | 8584 |
| bonds or notes issued by or for the benefit of a convention and | 8585 |
| visitors' bureau under division (C) of this section shall be used | 8586 |
| exclusively for that purpose until such time as the bonds or notes | 8587 |
| are no longer outstanding under the trust agreement securing those | 8588 |
| bonds or notes. | 8589 |
| (I)(1) The board of county commissioners of | 8590 |
| county with a population of four hundred thousand or more may | 8591 |
| issue the following securities of the county for the purpose of | 8592 |
| paying costs of the project, refunding any outstanding county | 8593 |
| securities issued for that purpose, refunding any outstanding | 8594 |
| bonds or notes issued by or for the benefit of the bureau under | 8595 |
| division (C) of this section, or for any combination of those | 8596 |
| purposes: | 8597 |
| (a) General obligation securities issued under Chapter 133. | 8598 |
| of the Revised Code. The resolution authorizing these securities | 8599 |
| may include covenants to appropriate annually from lawfully | 8600 |
| available lodging taxes, and to continue to levy and collect those | 8601 |
| lodging taxes in, amounts necessary to meet the debt charges on | 8602 |
| those securities. | 8603 |
| (b) Special obligation securities issued under Chapter 133. | 8604 |
| of the Revised Code that are secured only by lawfully available | 8605 |
| lodging taxes and any other taxes and revenues pledged to pay the | 8606 |
| debt charges on those securities, except ad valorem property | 8607 |
| taxes. The resolution authorizing those securities shall include a | 8608 |
| pledge of and covenants to appropriate annually from lawfully | 8609 |
| available lodging taxes and any other taxes and revenues pledged | 8610 |
| for such purpose, and to continue to collect any of those revenues | 8611 |
| pledged for such purpose and to levy and collect those lodging | 8612 |
| taxes and any other taxes pledged for such purpose, in amounts | 8613 |
| necessary to meet the debt charges on those securities. The pledge | 8614 |
| is valid and binding from the time the pledge is made, and the | 8615 |
| lodging taxes so pledged and thereafter received by the county are | 8616 |
| immediately subject to the lien of the pledge without any physical | 8617 |
| delivery of the lodging taxes or further act. The lien of any | 8618 |
| pledge is valid and binding as against all parties having claims | 8619 |
| of any kind in tort, contract, or otherwise against the county, | 8620 |
| regardless of whether such parties have notice of the lien. | 8621 |
| Neither the resolution nor any trust agreement by which a pledge | 8622 |
| is created or further evidenced is required to be filed or | 8623 |
| recorded except in the records of the board. The special | 8624 |
| obligation securities shall contain a statement on their face to | 8625 |
| the effect that they are not general obligation securities, and, | 8626 |
| unless paid from other sources, are payable from the pledged | 8627 |
| lodging taxes. | 8628 |
| (c) Revenue securities authorized under section 133.08 of the | 8629 |
| Revised Code and issued under Chapter 133. of the Revised Code | 8630 |
| that are secured only by lawfully available project revenues | 8631 |
| pledged to pay the debt charges on those securities. | 8632 |
| (2) The securities described in division (I)(1) of this | 8633 |
| section are subject to Chapter 133. of the Revised Code. | 8634 |
| (3) Section 133.34 of the Revised Code, except for division | 8635 |
| (A) of that section, applies to the issuance of any refunding | 8636 |
| securities authorized under this division. In lieu of division (A) | 8637 |
| of section 133.34 of the Revised Code, the board of county | 8638 |
| commissioners shall establish the maturity date or dates, the | 8639 |
| interest payable on, and other terms of refunding securities as it | 8640 |
| considers necessary or appropriate for their issuance, provided | 8641 |
| that the final maturity of refunding securities shall not exceed | 8642 |
| by more than ten years the final maturity of any bonds refunded by | 8643 |
| refunding securities. | 8644 |
| (4) The board may not repeal, rescind, or reduce all or any | 8645 |
| portion of any lodging taxes pledged to the payment of debt | 8646 |
| charges on any outstanding special obligation securities | 8647 |
| authorized under this division, and no portion of any lodging | 8648 |
| taxes that is pledged, or that the board has covenanted to levy, | 8649 |
| collect, and appropriate annually to pay debt charges on any | 8650 |
| outstanding securities authorized under this division is subject | 8651 |
| to repeal, rescission, or reduction by the electorate of the | 8652 |
| county. | 8653 |
| Sec. 307.6910. (A) As used in this section, "contracting | 8654 |
| subdivision" means any political subdivision or taxing district | 8655 |
| that enters into an agreement with a board of county commissioners | 8656 |
| as authorized by this section. | 8657 |
| (B) A board of county commissioners may enter into an | 8658 |
| agreement with the legislative authority of one or more political | 8659 |
| subdivisions or taxing districts located wholly or partially | 8660 |
| within the territorial boundaries of the county providing for both | 8661 |
| of the following: | 8662 |
| (1) Authorization for the board of county commissioners to | 8663 |
| receive funds due the political subdivision or taxing district | 8664 |
| from the county treasury, other than funds raised by taxes levied | 8665 |
| by the political subdivision or taxing district, including, but | 8666 |
| not limited to, the political subdivision's or taxing district's | 8667 |
|
share
of the undivided local | 8668 |
| those received funds may lawfully be applied to the purpose for | 8669 |
| which money is owed to the county; | 8670 |
| (2) The crediting of the funds so received by the county | 8671 |
| against money owed to it by the political subdivision or taxing | 8672 |
| district. | 8673 |
| The agreement shall be in writing and include the signature | 8674 |
| of an authorized officer or representative of the county and of | 8675 |
| the political subdivision or taxing district. | 8676 |
| (C) Upon entering into an agreement, the board of county | 8677 |
| commissioners shall cause two copies of the agreement, certified | 8678 |
| by an authorized officer or representative of the county and of | 8679 |
| the contracting subdivision, to be transmitted to the county | 8680 |
| auditor. The county auditor shall forward one copy of the | 8681 |
| agreement to the county treasurer and shall present the other copy | 8682 |
| of the agreement to the county budget commission. The county | 8683 |
| budget commission shall give effect to the agreement in | 8684 |
| determining or revising the amounts to be credited to the funds of | 8685 |
| the county and the contracting subdivision in the official or | 8686 |
| amended official certificate of estimated resources under sections | 8687 |
| 5705.35 and 5705.36 of the Revised Code. | 8688 |
| (D) The county auditor may rely on the certified agreement | 8689 |
| entered into under division (B) of this section for the purpose of | 8690 |
| making a certification under division (D) of section 5705.41 of | 8691 |
| the Revised Code for a county contract or order of money incurred | 8692 |
| on behalf of the contracting subdivision if the county auditor | 8693 |
| finds that the amount credited to the county under division (B)(2) | 8694 |
| of this section is available in the amount and at the time | 8695 |
| necessary to meet the obligation. | 8696 |
| (E) The county auditor and county treasurer, in carrying out | 8697 |
| their statutory duties regarding the crediting and distribution of | 8698 |
| money to the funds of the parties to agreements entered into under | 8699 |
| this section, shall give effect to any such agreements certified | 8700 |
| to the county auditor under this section. A certified agreement | 8701 |
| shall not affect the time at which moneys otherwise would be | 8702 |
| available by law to the parties to the agreement. | 8703 |
| (F) The terms of an agreement entered into under this section | 8704 |
| may be enforced in the court of common pleas of the county that is | 8705 |
| a party to the agreement in an action for a writ of mandamus. For | 8706 |
| purposes of that action, it shall be deemed that the legislative | 8707 |
| authority of the contracting subdivision has a duty to allow | 8708 |
| payments to the county as specified in the agreement, that the | 8709 |
| board of county commissioners of the county has a duty to receive | 8710 |
| those payments in the manner specified in the agreement, and that | 8711 |
| those duties are specifically enjoined by law and result from an | 8712 |
| office, trust, or station. | 8713 |
| Sec. 307.98. | 8714 |
| grantee" has the same meaning as in section 5101.21 of the Revised | 8715 |
| Code. | 8716 |
|
Each board of county
commissioners | 8717 |
| grantee of the county shall jointly enter into one or more written | 8718 |
| 8719 | |
| services in accordance with section 5101.21 of the Revised Code. | 8720 |
| 8721 | |
| commissioners shall enter into the agreement on behalf of the | 8722 |
| county family services agencies, other than a county family | 8723 |
| services agency that is a county | 8724 |
| 8725 |
| Sec. 307.981. (A)(1) As used in the Revised Code: | 8726 |
| (a) "County family services agency" means all of the | 8727 |
| following: | 8728 |
| (i) A child support enforcement agency; | 8729 |
| (ii) A county department of job and family services; | 8730 |
| (iii) A public children services agency. | 8731 |
| (b) "Family services duty" means a duty state law requires or | 8732 |
| allows a county family services agency to assume, including | 8733 |
| financial and general administrative duties. "Family services | 8734 |
| duty" does not include a duty funded by the United States | 8735 |
| department of labor. | 8736 |
| (2) As used in sections 307.981 to 307.989 of the Revised | 8737 |
| Code, "private entity" means an entity other than a government | 8738 |
| entity. | 8739 |
| (B) To the extent permitted by federal law, including, when | 8740 |
| applicable, subpart F of 5 C.F.R. part 900, and subject to any | 8741 |
| limitations established by the Revised Code, including division | 8742 |
| (H) of this section, a board of county commissioners may designate | 8743 |
| any private or government entity within this state to serve as any | 8744 |
| of the following: | 8745 |
| (1) A child support enforcement agency; | 8746 |
| (2) A county department of job and family services; | 8747 |
| (3) A public children services agency; | 8748 |
| (4) A county department of job and family services and one | 8749 |
| other of those county family services agencies; | 8750 |
| (5) All three of those county family services agencies. | 8751 |
| (C) To the extent permitted by federal law, including, when | 8752 |
| applicable, subpart F of 5 C.F.R. part 900, and subject to any | 8753 |
| limitations of the Revised Code, including division (H) of this | 8754 |
| section, a board of county commissioners may change the | 8755 |
| designation it makes under division (B) of this section by | 8756 |
| designating another private or government entity. | 8757 |
| (D) If a designation under division (B) or (C) of this | 8758 |
| section
constitutes
a change from the designation in a | 8759 |
| grant agreement between the director of job and family services | 8760 |
| and the board under sections 307.98 and 5101.21 of the Revised | 8761 |
| Code, the director may require that the director and board amend | 8762 |
| the | 8763 |
| written assurances that the newly designated private or government | 8764 |
| entity will meet or exceed all requirements of the family services | 8765 |
| duties the entity is to assume. | 8766 |
| (E) Not less than sixty days before a board of county | 8767 |
| commissioners designates an entity under division (B) or (C) of | 8768 |
| this section, the board shall notify the director of job and | 8769 |
| family services and publish notice in a newspaper of general | 8770 |
| circulation in the county of the board's intention to make the | 8771 |
| designation and reasons for the designation. | 8772 |
| (F) A board of county commissioners shall enter into a | 8773 |
| written contract with each entity it designates under division (B) | 8774 |
| or (C) of this section specifying the entity's responsibilities | 8775 |
| and standards the entity is required to meet. | 8776 |
| (G) This section does not require a board of county | 8777 |
| commissioners to abolish the child support enforcement agency, | 8778 |
| county department of job and family services, or public children | 8779 |
| services agency serving the county on October 1, 1997, and | 8780 |
| designate a different private or government entity to serve as the | 8781 |
| county's child support enforcement agency, county department of | 8782 |
| job and family services, or public children services agency. | 8783 |
| (H) If a county children services board appointed under | 8784 |
| section 5153.03 of the Revised Code serves as a public children | 8785 |
| services agency for a county, the board of county commissioners | 8786 |
| may not redesignate the public children services agency unless the | 8787 |
| board of county commissioners does all of the following: | 8788 |
| (1) Notifies the county children services board of its intent | 8789 |
| to redesignate the public children services agency. In its | 8790 |
| notification, the board of county commissioners shall provide the | 8791 |
| county children services board a written explanation of the | 8792 |
| administrative, fiscal, or performance considerations causing the | 8793 |
| board of county commissioners to seek to redesignate the public | 8794 |
| children services agency. | 8795 |
| (2) Provides the county children services board an | 8796 |
| opportunity to comment on the proposed redesignation before the | 8797 |
| redesignation occurs; | 8798 |
| (3) If the county children services board, not more than | 8799 |
| sixty days after receiving the notice under division (H)(1) of | 8800 |
| this section, notifies the board of county commissioners that the | 8801 |
| county children services board has voted to oppose the | 8802 |
| redesignation, votes unanimously to proceed with the | 8803 |
| redesignation. | 8804 |
| Sec. 308.04. Within sixty days after a regional airport | 8805 |
| authority has been created under section 308.03 of the Revised | 8806 |
| Code, the board of trustees for such regional airport authority | 8807 |
| shall be appointed as provided in the resolution creating it. | 8808 |
| Each member of the board of trustees, before entering upon | 8809 |
| 8810 | |
| oath or affirmation that | 8811 |
| and impartially perform the duties of | 8812 |
| member will not be interested directly or indirectly in any | 8813 |
| contract let by the regional airport authority. Any contract let | 8814 |
| by the regional airport authority in which a member of the board | 8815 |
| of trustees is directly or indirectly interested is void and | 8816 |
| unenforceable. | 8817 |
| After each member of the board has taken the oath as | 8818 |
| prescribed by this section the board shall meet and organize by | 8819 |
| electing one of its members as president and another as | 8820 |
| vice-president, who shall hold their respective offices until the | 8821 |
| next annual meeting of the board as provided in its bylaws. At | 8822 |
| each annual meeting thereafter the board shall elect from its | 8823 |
| membership a president and a vice-president who shall serve for a | 8824 |
| term of one year. | 8825 |
| The board shall appoint and fix the compensation of a | 8826 |
| secretary-treasurer, who shall not be a member of the board and | 8827 |
| who shall serve at the pleasure of the board. | 8828 |
| Sec. 317.08. (A) Except as provided in divisions (C) and (D) | 8829 |
| of this section, the county recorder shall keep six separate sets | 8830 |
| of records as follows: | 8831 |
| (1) A record of deeds, in which shall be recorded all deeds | 8832 |
| and other instruments of writing for the absolute and | 8833 |
| unconditional sale or conveyance of lands, tenements, and | 8834 |
| hereditaments; all notices as provided in sections 5301.47 to | 8835 |
| 5301.56 of the Revised Code; all judgments or decrees in actions | 8836 |
| brought under section 5303.01 of the Revised Code; all | 8837 |
| declarations and bylaws, and all amendments to declarations and | 8838 |
| bylaws, as provided in Chapter 5311. of the Revised Code; | 8839 |
| affidavits as provided in sections 5301.252 and 5301.56 of the | 8840 |
| Revised Code; all certificates as provided in section 5311.17 of | 8841 |
| the Revised Code; all articles dedicating archaeological preserves | 8842 |
| accepted by the director of the Ohio historical society under | 8843 |
| section 149.52 of the Revised Code; all articles dedicating nature | 8844 |
| preserves accepted by the director of natural resources under | 8845 |
| section 1517.05 of the Revised Code; all agreements for the | 8846 |
| registration of lands as archaeological or historic landmarks | 8847 |
| under section 149.51 or 149.55 of the Revised Code; all | 8848 |
| conveyances of conservation easements and agricultural easements | 8849 |
| under section 5301.68 of the Revised Code; all instruments | 8850 |
| extinguishing agricultural easements under section 901.21 or | 8851 |
| 5301.691 of the Revised Code or pursuant to terms of such an | 8852 |
| easement granted to a charitable organization under section | 8853 |
| 5301.68 of the Revised Code; all instruments or orders described | 8854 |
| in division (B)(2)(b) of section 5301.56 of the Revised Code; all | 8855 |
| no further action letters issued under section 122.654 or 3746.11 | 8856 |
| of the Revised Code; all covenants not to sue issued under section | 8857 |
| 3746.12 of the Revised Code, including all covenants not to sue | 8858 |
| issued pursuant to section 122.654 of the Revised Code; any | 8859 |
| restrictions on the use of property contained in a no further | 8860 |
| action letter issued under section 122.654 of the Revised Code, | 8861 |
| any restrictions on the use of property identified pursuant to | 8862 |
| division (C)(3)(a) of section 3746.10 of the Revised Code, and any | 8863 |
| restrictions on the use of property contained in a deed or other | 8864 |
| instrument as provided in division (E) or (F) of section 3737.882 | 8865 |
| of the Revised Code; any easement executed or granted under | 8866 |
| section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code; | 8867 |
| any environmental covenant entered into in accordance with | 8868 |
| sections 5301.80 to 5301.92 of the Revised Code; all memoranda of | 8869 |
| trust, as described in division (A) of section 5301.255 of the | 8870 |
| Revised Code, that describe specific real property; and all | 8871 |
| agreements
entered into under division (A)
of
section | 8872 |
| 1506.44 of the Revised Code; | 8873 |
| (2) A record of mortgages, in which shall be recorded all of | 8874 |
| the following: | 8875 |
| (a) All mortgages, including amendments, supplements, | 8876 |
| modifications, and extensions of mortgages, or other instruments | 8877 |
| of writing by which lands, tenements, or hereditaments are or may | 8878 |
| be mortgaged or otherwise conditionally sold, conveyed, affected, | 8879 |
| or encumbered; | 8880 |
| (b) All executory installment contracts for the sale of land | 8881 |
| executed after September 29, 1961, that by their terms are not | 8882 |
| required to be fully performed by one or more of the parties to | 8883 |
| them within one year of the date of the contracts; | 8884 |
| (c) All options to purchase real estate, including | 8885 |
| supplements, modifications, and amendments of the options, but no | 8886 |
| option of that nature shall be recorded if it does not state a | 8887 |
| specific day and year of expiration of its validity; | 8888 |
| (d) Any tax certificate sold under section 5721.33 of the | 8889 |
| Revised Code, or memorandum of it, that is presented for filing of | 8890 |
| record. | 8891 |
| (3) A record of powers of attorney, including all memoranda | 8892 |
| of trust, as described in division (A) of section 5301.255 of the | 8893 |
| Revised Code, that do not describe specific real property; | 8894 |
| (4) A record of plats, in which shall be recorded all plats | 8895 |
| and maps of town lots, of the subdivision of town lots, and of | 8896 |
| other divisions or surveys of lands, any center line survey of a | 8897 |
| highway located within the county, the plat of which shall be | 8898 |
| furnished by the director of transportation or county engineer, | 8899 |
| and all drawings and amendments to drawings, as provided in | 8900 |
| Chapter 5311. of the Revised Code; | 8901 |
| (5) A record of leases, in which shall be recorded all | 8902 |
| leases, memoranda of leases, and supplements, modifications, and | 8903 |
| amendments of leases and memoranda of leases; | 8904 |
| (6) A record of declarations executed pursuant to section | 8905 |
| 2133.02 of the Revised Code and durable powers of attorney for | 8906 |
| health care executed pursuant to section 1337.12 of the Revised | 8907 |
| Code. | 8908 |
| (B) All instruments or memoranda of instruments entitled to | 8909 |
| record shall be recorded in the proper record in the order in | 8910 |
| which they are presented for record. The recorder may index, keep, | 8911 |
| and record in one volume unemployment compensation liens, internal | 8912 |
| revenue tax liens and other liens in favor of the United States as | 8913 |
| described in division (A) of section 317.09 of the Revised Code, | 8914 |
| personal tax liens, mechanic's liens, agricultural product liens, | 8915 |
| notices of liens, certificates of satisfaction or partial release | 8916 |
| of estate tax liens, discharges of recognizances, excise and | 8917 |
| franchise tax liens on corporations, broker's liens, and liens | 8918 |
| provided for in sections 1513.33, 1513.37, 3752.13, 5111.022, and | 8919 |
| 5311.18 of the Revised Code. | 8920 |
| The recording of an option to purchase real estate, including | 8921 |
| any supplement, modification, and amendment of the option, under | 8922 |
| this section shall serve as notice to any purchaser of an interest | 8923 |
| in the real estate covered by the option only during the period of | 8924 |
| the validity of the option as stated in the option. | 8925 |
| (C) In lieu of keeping the six separate sets of records | 8926 |
| required in divisions (A)(1) to (6) of this section and the | 8927 |
| records required in division (D) of this section, a county | 8928 |
| recorder may record all the instruments required to be recorded by | 8929 |
| this section in two separate sets of record books. One set shall | 8930 |
| be called the "official records" and shall contain the instruments | 8931 |
| listed in divisions (A)(1), (2), (3), (5), and (6) and (D) of this | 8932 |
| section. The second set of records shall contain the instruments | 8933 |
| listed in division (A)(4) of this section. | 8934 |
| (D) Except as provided in division (C) of this section, the | 8935 |
| county recorder shall keep a separate set of records containing | 8936 |
| all corrupt activity lien notices filed with the recorder pursuant | 8937 |
| to section 2923.36 of the Revised Code and a separate set of | 8938 |
| records containing all medicaid fraud lien notices filed with the | 8939 |
| recorder pursuant to section 2933.75 of the Revised Code. | 8940 |
| Sec. 319.202. Before the county auditor indorses any real | 8941 |
| property conveyance or manufactured or mobile home conveyance | 8942 |
| presented to the auditor pursuant to section 319.20 of the Revised | 8943 |
| Code or registers any manufactured or mobile home conveyance | 8944 |
| pursuant to section 4503.061 of the Revised Code, the grantee or | 8945 |
| the grantee's representative shall submit in triplicate a | 8946 |
| statement, prescribed by the tax commissioner, and other | 8947 |
| information as the county auditor may require, declaring the value | 8948 |
| of real property or manufactured or mobile home conveyed, except | 8949 |
|
that when the transfer is exempt under division | 8950 |
| section 319.54 of the Revised Code only a statement of the reason | 8951 |
| for the exemption shall be required. Each statement submitted | 8952 |
| under this section shall contain the information required under | 8953 |
| divisions (A) and (B) of this section. | 8954 |
| (A) Each statement submitted under this section shall either: | 8955 |
| (1) Contain an affirmation by the grantee that the grantor | 8956 |
| has been asked by the grantee or the grantee's representative | 8957 |
| whether to the best of the grantor's knowledge either the | 8958 |
| preceding or the current year's taxes on the real property or the | 8959 |
| current or following year's taxes on the manufactured or mobile | 8960 |
| home conveyed will be reduced under division (A) of section | 8961 |
| 323.152 or under section 4503.065 of the Revised Code and that the | 8962 |
| grantor indicated that to the best of the grantor's knowledge the | 8963 |
| taxes will not be so reduced; or | 8964 |
| (2) Be accompanied by a sworn or affirmed instrument stating: | 8965 |
| (a) To the best of the grantor's knowledge the real property | 8966 |
| or the manufactured or mobile home that is the subject of the | 8967 |
| conveyance is eligible for and will receive a reduction in taxes | 8968 |
| for or payable in the current year under division (A) of section | 8969 |
| 323.152 or under section 4503.065 of the Revised Code and that the | 8970 |
| reduction or reductions will be reflected in the grantee's taxes; | 8971 |
| (b) The estimated amount of such reductions that will be | 8972 |
| reflected in the grantee's taxes; | 8973 |
| (c) That the grantor and the grantee have considered and | 8974 |
| accounted for the total estimated amount of such reductions to the | 8975 |
| satisfaction of both the grantee and the grantor. The auditor | 8976 |
| shall indorse the instrument, return it to the grantee or the | 8977 |
| grantee's representative, and provide a copy of the indorsed | 8978 |
| instrument to the grantor or the grantor's representative. | 8979 |
| (B) Each statement submitted under this section shall either: | 8980 |
| (1) Contain an affirmation by the grantee that the grantor | 8981 |
| has been asked by the grantee or the grantee's representative | 8982 |
| whether to the best of the grantor's knowledge the real property | 8983 |
| conveyed qualified for the current agricultural use valuation | 8984 |
| under section 5713.30 of the Revised Code either for the preceding | 8985 |
| or the current year and that the grantor indicated that to the | 8986 |
| best of the grantor's knowledge the property conveyed was not so | 8987 |
| qualified; or | 8988 |
| (2) Be accompanied by a sworn or affirmed instrument stating: | 8989 |
| (a) To the best of the grantor's knowledge the real property | 8990 |
| conveyed was qualified for the current agricultural use valuation | 8991 |
| under section 5713.30 of the Revised Code either for the preceding | 8992 |
| or the current year; | 8993 |
| (b) To the extent that the property will not continue to | 8994 |
| qualify for the current agricultural use valuation either for the | 8995 |
| current or the succeeding year, that the property will be subject | 8996 |
| to a recoupment charge equal to the tax savings in accordance with | 8997 |
| section 5713.34 of the Revised Code; | 8998 |
| (c) That the grantor and the grantee have considered and | 8999 |
| accounted for the total estimated amount of such recoupment, if | 9000 |
| any, to the satisfaction of both the grantee and the grantor. The | 9001 |
| auditor shall indorse the instrument, forward it to the grantee or | 9002 |
| the grantee's representative, and provide a copy of the indorsed | 9003 |
| instrument to the grantor or the grantor's representative. | 9004 |
| (C) The grantor shall pay the fee required by division | 9005 |
| 9006 | |
| the board of county commissioners of the county has levied a real | 9007 |
| property or a manufactured home transfer tax pursuant to Chapter | 9008 |
| 322. of the Revised Code, the amount required by the real property | 9009 |
| or manufactured home transfer tax so levied. If the conveyance is | 9010 |
| exempt from the fee provided
for in division | 9011 |
| 319.54 of the Revised Code and the tax, if any, levied pursuant to | 9012 |
| Chapter 322. of the Revised Code, the reason for such exemption | 9013 |
| shall be shown on the statement. "Value" means, in the case of any | 9014 |
| deed or certificate of title not a gift in whole or part, the | 9015 |
| amount of the full consideration therefor, paid or to be paid for | 9016 |
| the real estate or manufactured or mobile home described in the | 9017 |
| deed or title, including the amount of any mortgage or vendor's | 9018 |
| lien thereon. If property sold under a land installment contract | 9019 |
| is conveyed by the seller under such contract to a third party and | 9020 |
| the contract has been of record at least twelve months prior to | 9021 |
| the date of conveyance, "value" means the unpaid balance owed to | 9022 |
| the seller under the contract at the time of the conveyance, but | 9023 |
| the statement shall set forth the amount paid under such contract | 9024 |
| prior to the date of conveyance. In the case of a gift in whole | 9025 |
| or part, "value" means the estimated price the real estate or | 9026 |
| manufactured or mobile home described in the deed or certificate | 9027 |
| of title would bring in the open market and under the then | 9028 |
| existing and prevailing market conditions in a sale between a | 9029 |
| willing seller and a willing buyer, both conversant with the | 9030 |
| property and with prevailing general price levels. No person shall | 9031 |
| willfully falsify the value of property conveyed. | 9032 |
| (D) The auditor shall indorse each conveyance on its face to | 9033 |
| indicate the amount of the conveyance fee and compliance with this | 9034 |
| section. The auditor shall retain the original copy of the | 9035 |
| statement of value, forward to the tax commissioner one copy on | 9036 |
| which shall be noted the most recent assessed value of the | 9037 |
| property, and furnish one copy to the grantee or the grantee's | 9038 |
| representative. | 9039 |
| (E) In order to achieve uniform administration and collection | 9040 |
| of the transfer fee required by division
| 9041 |
| 319.54 of the Revised Code, the tax commissioner shall adopt and | 9042 |
| promulgate rules for the administration and enforcement of the | 9043 |
| levy and collection of such fee. | 9044 |
| Sec. 319.281. The county auditor shall place on the general | 9045 |
| tax list and duplicate compiled in accordance with section 319.28 | 9046 |
| of the Revised Code the amount certified by the health | 9047 |
| commissioner of a city or general health district pursuant to | 9048 |
| section 3709.091 of the Revised Code of any unpaid operation | 9049 |
|
permit or inspection fee for a household sewage
| 9050 |
| system
| 9051 |
| 9052 | |
| and any accrued late payment penalties, together with any fee | 9053 |
| charged by the county auditor for placing the amount on the | 9054 |
| general tax list and duplicate and for the expenses of its | 9055 |
| collection. The amount placed on the general tax list and | 9056 |
| duplicate shall be a lien on the real property on which the | 9057 |
|
household sewage
| 9058 |
| 9059 | |
| placed on the tax list and duplicate, and shall be charged and | 9060 |
| collected in the same manner as taxes on the list. | 9061 |
| Sec. 319.54. (A) On all moneys collected by the county | 9062 |
| treasurer on any tax duplicate of the county, other than estate | 9063 |
| tax duplicates, and on all moneys received as advance payments of | 9064 |
| personal property and classified property taxes, the county | 9065 |
| auditor, on settlement with the treasurer and tax commissioner, on | 9066 |
| or before the date prescribed by law for such settlement or any | 9067 |
| lawful extension of such date, shall be allowed as compensation | 9068 |
| for the county auditor's services the following percentages: | 9069 |
| (1) On the first one hundred thousand dollars, two and | 9070 |
| one-half per cent; | 9071 |
| (2) On the next two million dollars, eight thousand three | 9072 |
| hundred eighteen ten-thousandths of one per cent; | 9073 |
| (3) On the next two million dollars, six thousand six hundred | 9074 |
| fifty-five ten-thousandths of one per cent; | 9075 |
| (4) On all further sums, one thousand six hundred sixty-three | 9076 |
| ten-thousandths of one per cent. | 9077 |
| If any settlement is not made on or before the date | 9078 |
| prescribed by law for such settlement or any lawful extension of | 9079 |
| such date, the aggregate compensation allowed to the auditor shall | 9080 |
| be reduced one per cent for each day such settlement is delayed | 9081 |
| after the prescribed date. No penalty shall apply if the auditor | 9082 |
| and treasurer grant all requests for advances up to ninety per | 9083 |
| cent of the settlement pursuant to section 321.34 of the Revised | 9084 |
| Code. The compensation allowed in accordance with this section on | 9085 |
| settlements made before the dates prescribed by law, or the | 9086 |
| reduced compensation allowed in accordance with this section on | 9087 |
| settlements made after the date prescribed by law or any lawful | 9088 |
| extension of such date, shall be apportioned ratably by the | 9089 |
| auditor and deducted from the shares or portions of the revenue | 9090 |
| payable to the state as well as to the county, townships, | 9091 |
| municipal corporations, and school districts. | 9092 |
| (B) For the purpose of compensating county auditors for the | 9093 |
| expenses associated with the increased number of applications for | 9094 |
| reductions in real property taxes under sections 323.152 and | 9095 |
| 4503.065 of the Revised Code that results from the amendment of | 9096 |
| those sections by H.B. 119 of the 127th general assembly, there | 9097 |
| shall be paid from the general revenue fund to each county auditor | 9098 |
| each year an amount equal to one per cent of the total annual | 9099 |
| amount of property tax relief reimbursement paid to that county | 9100 |
| under sections 323.156 and 4503.068 of the Revised Code. | 9101 |
| (C) From all moneys collected by the county treasurer on any | 9102 |
| tax duplicate of the county, other than estate tax duplicates, and | 9103 |
| on all moneys received as advance payments of personal property | 9104 |
| and classified property taxes, there shall be paid into the county | 9105 |
| treasury to the credit of the real estate assessment fund created | 9106 |
| by section 325.31 of the Revised Code, an amount to be determined | 9107 |
| by the county auditor, which shall not exceed the following | 9108 |
| percentages: | 9109 |
| (1) On the first one hundred thousand dollars, three and | 9110 |
| one-half per cent; | 9111 |
| (2) On the next three million dollars, one and three-eighths | 9112 |
| per cent; | 9113 |
| (3) On the next three million dollars, one per cent; | 9114 |
| (4) On all further sums not exceeding one hundred fifty | 9115 |
| million dollars, three-quarters of one per cent; | 9116 |
| (5) On amounts exceeding one hundred fifty million dollars, | 9117 |
| six-tenths of one per cent. | 9118 |
| Such compensation shall be apportioned ratably by the auditor | 9119 |
| and deducted from the shares or portions of the revenue payable to | 9120 |
| the state as well as to the county, townships, municipal | 9121 |
| corporations, and school districts. | 9122 |
| | 9123 |
| amount of tax collected and paid into the county treasury, on | 9124 |
| property omitted and placed by the county auditor on the tax | 9125 |
| duplicate. | 9126 |
| | 9127 |
| treasurer, the county auditor, on settlement semiannually with the | 9128 |
| tax commissioner, shall be allowed, as compensation for the | 9129 |
| auditor's services under Chapter 5731. of the Revised Code, the | 9130 |
| following percentages: | 9131 |
| (1) Four per cent on the first one hundred thousand dollars; | 9132 |
| (2) One-half of one per cent on all additional sums. | 9133 |
| Such percentages shall be computed upon the amount collected | 9134 |
| and reported at each semiannual settlement, and shall be for the | 9135 |
| use of the general fund of the county. | 9136 |
| | 9137 |
| county treasurer, the county auditor, on settlement semiannually | 9138 |
| with the treasurer, shall be allowed as compensation for the | 9139 |
| auditor's services in the issuing of such licenses one-half of one | 9140 |
| per cent of such moneys, to be apportioned ratably and deducted | 9141 |
| from the shares of the revenue payable to the county and | 9142 |
| subdivisions, for the use of the general fund of the county. | 9143 |
| | 9144 |
| follows: | 9145 |
| (1) For deeds of land sold for taxes to be paid by the | 9146 |
| purchaser, five dollars; | 9147 |
| (2) For the transfer or entry of land, lot, or part of lot, | 9148 |
| or the transfer or entry on or after January 1, 2000, of a used | 9149 |
| manufactured home or mobile home as defined in section 5739.0210 | 9150 |
| of the Revised Code, fifty cents for each transfer or entry, to be | 9151 |
| paid by the person requiring it; | 9152 |
| (3) For receiving statements of value and administering | 9153 |
| section 319.202 of the Revised Code, one dollar, or ten cents for | 9154 |
| each one hundred dollars or fraction of one hundred dollars, | 9155 |
| whichever is greater, of the value of the real property | 9156 |
| transferred or, for sales occurring on or after January 1, 2000, | 9157 |
| the value of the used manufactured home or used mobile home, as | 9158 |
| defined in section 5739.0210 of the Revised Code, transferred, | 9159 |
| except no fee shall be charged when the transfer is made: | 9160 |
| (a) To or from the United States, this state, or any | 9161 |
| instrumentality, agency, or political subdivision of the United | 9162 |
| States or this state; | 9163 |
| (b) Solely in order to provide or release security for a debt | 9164 |
| or obligation; | 9165 |
| (c) To confirm or correct a deed previously executed and | 9166 |
| recorded; | 9167 |
| (d) To evidence a gift, in trust or otherwise and whether | 9168 |
| revocable or irrevocable, between husband and wife, or parent and | 9169 |
| child or the spouse of either; | 9170 |
| (e) On sale for delinquent taxes or assessments; | 9171 |
| (f) Pursuant to court order, to the extent that such transfer | 9172 |
| is not the result of a sale effected or completed pursuant to such | 9173 |
| order; | 9174 |
| (g) Pursuant to a reorganization of corporations or | 9175 |
| unincorporated associations or pursuant to the dissolution of a | 9176 |
| corporation, to the extent that the corporation conveys the | 9177 |
| property to a stockholder as a distribution in kind of the | 9178 |
| corporation's assets in exchange for the stockholder's shares in | 9179 |
| the dissolved corporation; | 9180 |
| (h) By a subsidiary corporation to its parent corporation for | 9181 |
| no consideration, nominal consideration, or in sole consideration | 9182 |
| of the cancellation or surrender of the subsidiary's stock; | 9183 |
| (i) By lease, whether or not it extends to mineral or mineral | 9184 |
| rights, unless the lease is for a term of years renewable forever; | 9185 |
| (j) When the value of the real property or the manufactured | 9186 |
| or mobile home or the value of the interest that is conveyed does | 9187 |
| not exceed one hundred dollars; | 9188 |
| (k) Of an occupied residential property, including a | 9189 |
| manufactured or mobile home, being transferred to the builder of a | 9190 |
| new residence or to the dealer of a new manufactured or mobile | 9191 |
| home when the former residence is traded as part of the | 9192 |
| consideration for the new residence or new manufactured or mobile | 9193 |
| home; | 9194 |
| (l) To a grantee other than a dealer in real property or in | 9195 |
| manufactured or mobile homes, solely for the purpose of, and as a | 9196 |
| step in, the prompt sale of the real property or manufactured or | 9197 |
| mobile home to others; | 9198 |
| (m) To or from a person when no money or other valuable and | 9199 |
| tangible consideration readily convertible into money is paid or | 9200 |
| to be paid for the real estate or manufactured or mobile home and | 9201 |
| the transaction is not a gift; | 9202 |
| (n) Pursuant to division (B) of section 317.22 of the Revised | 9203 |
| Code, or section 2113.61 of the Revised Code, between spouses or | 9204 |
| to a surviving spouse pursuant to section 5302.17 of the Revised | 9205 |
| Code as it existed prior to April 4, 1985, between persons | 9206 |
| pursuant to section 5302.17 or 5302.18 of the Revised Code on or | 9207 |
| after April 4, 1985, to a person who is a surviving, survivorship | 9208 |
| tenant pursuant to section 5302.17 of the Revised Code on or after | 9209 |
| April 4, 1985, or pursuant to section 5309.45 of the Revised Code; | 9210 |
| (o) To a trustee acting on behalf of minor children of the | 9211 |
| deceased; | 9212 |
| (p) Of an easement or right-of-way when the value of the | 9213 |
| interest conveyed does not exceed one thousand dollars; | 9214 |
| (q) Of property sold to a surviving spouse pursuant to | 9215 |
| section 2106.16 of the Revised Code; | 9216 |
| (r) To or from an organization exempt from federal income | 9217 |
| taxation under section 501(c)(3) of the "Internal Revenue Code of | 9218 |
| 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such | 9219 |
| transfer is without consideration and is in furtherance of the | 9220 |
| charitable or public purposes of such organization; | 9221 |
| (s) Among the heirs at law or devisees, including a surviving | 9222 |
| spouse, of a common decedent, when no consideration in money is | 9223 |
| paid or to be paid for the real property or manufactured or mobile | 9224 |
| home; | 9225 |
| (t) To a trustee of a trust, when the grantor of the trust | 9226 |
| has reserved an unlimited power to revoke the trust; | 9227 |
| (u) To the grantor of a trust by a trustee of the trust, when | 9228 |
| the transfer is made to the grantor pursuant to the exercise of | 9229 |
| the grantor's power to revoke the trust or to withdraw trust | 9230 |
| assets; | 9231 |
| (v) To the beneficiaries of a trust if the fee was paid on | 9232 |
| the transfer from the grantor of the trust to the trustee or if | 9233 |
| the transfer is made pursuant to trust provisions which became | 9234 |
| irrevocable at the death of the grantor; | 9235 |
| (w) To a corporation for incorporation into a sports facility | 9236 |
| constructed pursuant to section 307.696 of the Revised Code; | 9237 |
| (x) Between persons pursuant to section 5302.18 of the | 9238 |
| Revised Code. | 9239 |
| The auditor shall compute and collect the fee. The auditor | 9240 |
| shall maintain a numbered receipt system, as prescribed by the tax | 9241 |
| commissioner, and use such receipt system to provide a receipt to | 9242 |
| each person paying a fee. The auditor shall deposit the receipts | 9243 |
| of the fees on conveyances in the county treasury daily to the | 9244 |
| credit of the general fund of the county. | 9245 |
| The real property transfer fee provided for in division | 9246 |
| 9247 | |
| real property presented to the auditor on or after January 1, | 9248 |
| 1968, regardless of its time of execution or delivery. | 9249 |
| The transfer fee for a used manufactured home or used mobile | 9250 |
| home shall be computed by and paid to the county auditor of the | 9251 |
| county in which the home is located immediately prior to the | 9252 |
| transfer. | 9253 |
| Sec. 321.08. The county treasurer shall enter on | 9254 |
| treasurer's account each day the money received for advance | 9255 |
| payments of taxes and taxes charged on the general and special | 9256 |
| duplicates of the current year in the following manner: | 9257 |
| (A) Collections of estate tax to be credited to the | 9258 |
| "undivided estate tax fund;" | 9259 |
| (B) Collections of classified property taxes, including | 9260 |
| interest and penalties thereon, shall be credited to the county | 9261 |
| 9262 | |
| distributed in accordance with section 5747.48 of the Revised | 9263 |
| Code; | 9264 |
| (C) Collections of other taxes and assessments of whatever | 9265 |
| kind to be credited to the undivided general tax fund. | 9266 |
| Sec. 322.01. As used in sections 322.01 to 322.07 of the | 9267 |
| Revised Code: | 9268 |
| (A) "Value" means, in the case of any deed not a gift in | 9269 |
| whole or part, the amount of the full consideration therefor, paid | 9270 |
| or to be paid for the real estate described in the deed, including | 9271 |
| the amount of any liens thereon, with the following exceptions: | 9272 |
| (1) The amount owed on a debt secured by a mortgage which has | 9273 |
| been of record at least twelve months prior to the date of the | 9274 |
| conveyance and which is assumed by the purchaser; | 9275 |
| (2) The difference between the full amount of consideration | 9276 |
| and the unpaid balance owed to the seller at the time of the | 9277 |
| conveyance of property to a third party under a land installment | 9278 |
| contract that has been of record at least twelve months prior to | 9279 |
| the date of conveyance. | 9280 |
| (B) "Value" means, in the case of a manufactured or mobile | 9281 |
| home that is not a gift in whole or in part, the amount of the | 9282 |
| full consideration paid or to be paid for the home, including the | 9283 |
| amounts of any liens thereon. | 9284 |
| (C) "Value" means, in the case of a gift in whole or part, | 9285 |
| the estimated price the real estate described in the deed, or the | 9286 |
| manufactured or mobile home, would bring in the open market and | 9287 |
| under the then existing and prevailing market conditions in a sale | 9288 |
| between a willing seller and a willing buyer, both conversant with | 9289 |
| the property and with prevailing general price levels. | 9290 |
| (D) "Deed" means any deed, instrument, or writing by which | 9291 |
| any real property or any interest in real property is granted, | 9292 |
| assigned, transferred, or otherwise conveyed except that it does | 9293 |
| not include any deed, instrument, or writing which grants, | 9294 |
| assigns, transfers, or otherwise conveys any real property or | 9295 |
| interests in real property exempted from the fee required by | 9296 |
|
division | 9297 |
| (E) "Manufactured home" has the same meaning as in division | 9298 |
| (C)(4) of section 3781.06 of the Revised Code. | 9299 |
| (F) "Mobile home" has the same meaning as in division (O) of | 9300 |
| section 4501.01 of the Revised Code. | 9301 |
| Sec. 323.151. As used in sections 323.151 to 323.159 of the | 9302 |
| Revised Code: | 9303 |
| (A) "Homestead" means either of the following: | 9304 |
| (1) A dwelling, including a unit in a multiple-unit dwelling | 9305 |
| and a manufactured home or mobile home taxed as real property | 9306 |
| pursuant to division (B) of section 4503.06 of the Revised Code, | 9307 |
| owned and occupied as a home by an individual whose domicile is in | 9308 |
| this state and who has not acquired ownership from a person, other | 9309 |
| than the individual's spouse, related by consanguinity or affinity | 9310 |
| for the purpose of qualifying for the real property tax reduction | 9311 |
| provided in section 323.152 of the Revised Code. | 9312 |
| (2) A unit in a housing cooperative that is occupied as a | 9313 |
| home, but not owned, by an individual whose domicile is in this | 9314 |
| state. | 9315 |
| The homestead shall include so much of the land surrounding | 9316 |
| it, not exceeding one acre, as is reasonably necessary for the use | 9317 |
| of the dwelling or unit as a home. An owner includes a holder of | 9318 |
| one of the several estates in fee, a vendee in possession under a | 9319 |
| purchase agreement or a land contract, a mortgagor, a life tenant, | 9320 |
| one or more tenants with a right of survivorship, tenants in | 9321 |
| common, and a settlor of a revocable inter vivos trust holding the | 9322 |
| title to a homestead occupied by the settlor as of right under the | 9323 |
| trust. The tax commissioner shall adopt rules for the uniform | 9324 |
| classification and valuation of real property or portions of real | 9325 |
| property as homesteads. | 9326 |
| (B) "Sixty-five years of age or older" means a person who has | 9327 |
| attained age sixty-four prior to the first day of January of the | 9328 |
| year of application for reduction in real estate taxes. | 9329 |
| (C) | 9330 |
| 9331 | |
| 9332 | |
| 9333 | |
| 9334 |
| | 9335 |
| 9336 | |
| 9337 |
| | 9338 |
| 9339 | |
| 9340 |
| | 9341 |
| 9342 |
| | 9343 |
| 9344 | |
| 9345 |
| | 9346 |
| 9347 |
| | 9348 |
| 9349 | |
| 9350 | |
| 9351 |
| | 9352 |
| 9353 | |
| 9354 | |
| 9355 | |
| 9356 | |
| 9357 | |
| 9358 |
| | 9359 |
| 9360 | |
| 9361 | |
| 9362 | |
| 9363 | |
| 9364 | |
| 9365 | |
| 9366 |
| | 9367 |
| 9368 | |
| 9369 | |
| 9370 |
| | 9371 |
| 9372 | |
| 9373 |
| | 9374 |
| 9375 | |
| 9376 | |
| 9377 | |
| 9378 | |
| 9379 |
| | 9380 |
| 9381 | |
| 9382 | |
| 9383 | |
| 9384 | |
| 9385 | |
| 9386 | |
| 9387 | |
| 9388 | |
| 9389 |
| | 9390 |
| | 9391 |
| 9392 | |
| 9393 | |
| 9394 | |
| 9395 | |
| 9396 |
| | 9397 |
| 9398 | |
| 9399 | |
| 9400 | |
| 9401 |
| | 9402 |
| 9403 | |
| 9404 | |
| 9405 | |
| 9406 | |
| 9407 |
| | 9408 |
| has, on the first day of January of the year of application for | 9409 |
| reduction in real estate taxes, some impairment in body or mind | 9410 |
| that makes the person unable to work at any substantially | 9411 |
| remunerative employment that the person is reasonably able to | 9412 |
| perform and that will, with reasonable probability, continue for | 9413 |
| an indefinite period of at least twelve months without any present | 9414 |
| indication of recovery therefrom or has been certified as | 9415 |
| permanently and totally disabled by a state or federal agency | 9416 |
| having the function of so classifying persons. | 9417 |
| | 9418 |
| least two hundred fifty units that is owned and operated by a | 9419 |
| nonprofit corporation that issues a share of the corporation's | 9420 |
| stock to an individual, entitling the individual to live in a unit | 9421 |
| of the complex, and collects a monthly maintenance fee from the | 9422 |
| individual to maintain, operate, and pay the taxes of the complex. | 9423 |
| Sec. 323.152. In addition to the reduction in taxes required | 9424 |
| under section 319.302 of the Revised Code, taxes shall be reduced | 9425 |
| as provided in divisions (A) and (B) of this section. | 9426 |
| (A)(1) Division (A) of this section applies to any of the | 9427 |
| following: | 9428 |
| (a) A person who is permanently and totally disabled; | 9429 |
| (b) A person who is sixty-five years of age or older; | 9430 |
| (c) A person who is the surviving spouse of a deceased person | 9431 |
| who was permanently and totally disabled or sixty-five years of | 9432 |
| age or older and who applied and qualified for a reduction in | 9433 |
| taxes under this division in the year of death, provided the | 9434 |
| surviving spouse is at least fifty-nine but not sixty-five or more | 9435 |
| years of age on the date the deceased spouse dies. | 9436 |
| (2) Real property taxes on a homestead owned and occupied, or | 9437 |
| a homestead in a housing cooperative occupied, by a person to whom | 9438 |
| division (A) of this section applies shall be reduced for each | 9439 |
| year for which the owner obtains a certificate of reduction from | 9440 |
| the county auditor under section 323.154 of the Revised Code or | 9441 |
| for which the occupant obtains a certificate of reduction in | 9442 |
| accordance with section 323.159 of the Revised Code. The reduction | 9443 |
|
shall equal the | 9444 |
| 9445 | |
| 9446 |
| 9447 | ||||
| 9448 |
| 9449 | ||||
| 9450 | ||||
| 9451 | ||||
| |
9452 |
| | 9453 |
| 9454 | |
| 9455 |
| | 9456 |
| 9457 | |
| 9458 | |
| 9459 | |
| 9460 |
| | 9461 |
| 9462 | |
| 9463 |
| | 9464 |
| 9465 | |
| 9466 |
| | 9467 |
| 9468 | |
| 9469 |
| | 9470 |
| 9471 | |
| 9472 | |
| 9473 | |
| 9474 |
| | 9475 |
| 9476 | |
| 9477 | |
| 9478 | |
| 9479 | |
| 9480 | |
| 9481 | |
| 9482 | |
| the taxpayer received a reduction for tax year 2006, or the | 9483 |
| product of the following: | 9484 |
| (a) Twenty-five thousand dollars of the true value of the | 9485 |
| property in money; | 9486 |
| (b) The assessment percentage established by the tax | 9487 |
| commissioner under division (B) of section 5715.01 of the Revised | 9488 |
| Code, not to exceed thirty-five per cent; | 9489 |
| (c) The effective tax rate on residential/agricultural real | 9490 |
| property, where "effective tax rate" is defined as in section | 9491 |
| 323.08 of the Revised Code, and where "residential/agricultural | 9492 |
| real property" is defined as in section 5713.041 of the Revised | 9493 |
| Code; | 9494 |
| (d) The quantity equal to one minus the sum of the percentage | 9495 |
| reductions in taxes allowed by section 319.302 of the Revised Code | 9496 |
| and division (B) of section 323.152 of the Revised Code. | 9497 |
| (B) To provide a partial exemption, real property taxes on | 9498 |
| any homestead, and manufactured home taxes on any manufactured or | 9499 |
| mobile home on which a manufactured home tax is assessed pursuant | 9500 |
| to division (D)(2) of section 4503.06 of the Revised Code, shall | 9501 |
| be reduced for each year for which the owner obtains a certificate | 9502 |
| of reduction from the county auditor under section 323.154 of the | 9503 |
| Revised Code. The amount of the reduction shall equal two and | 9504 |
| one-half per cent of the amount of taxes to be levied on the | 9505 |
| homestead or the manufactured or mobile home after applying | 9506 |
| section 319.301 of the Revised Code. | 9507 |
| (C) The reductions granted by this section do not apply to | 9508 |
| special assessments or respread of assessments levied against the | 9509 |
| homestead, and if there is a transfer of ownership subsequent to | 9510 |
| the filing of an application for a reduction in taxes, such | 9511 |
| reductions are not forfeited for such year by virtue of such | 9512 |
| transfer. | 9513 |
| (D) The reductions in taxable value referred to in this | 9514 |
| section shall be applied solely as a factor for the purpose of | 9515 |
| computing the reduction of taxes under this section and shall not | 9516 |
| affect the total value of property in any subdivision or taxing | 9517 |
| district as listed and assessed for taxation on the tax lists and | 9518 |
| duplicates, or any direct or indirect limitations on indebtedness | 9519 |
| of a subdivision or taxing district. If after application of | 9520 |
| sections 5705.31 and 5705.32 of the Revised Code, including the | 9521 |
| allocation of all levies within the ten-mill limitation to debt | 9522 |
| charges to the extent therein provided, there would be | 9523 |
| insufficient funds for payment of debt charges not provided for by | 9524 |
| levies in excess of the ten-mill limitation, the reduction of | 9525 |
| taxes provided for in sections 323.151 to 323.159 of the Revised | 9526 |
| Code shall be proportionately adjusted to the extent necessary to | 9527 |
| provide such funds from levies within the ten-mill limitation. | 9528 |
| (E) No reduction shall be made on the taxes due on the | 9529 |
| homestead of any person convicted of violating division (C) or (D) | 9530 |
| of section 323.153 of the Revised Code for a period of three years | 9531 |
| following the conviction. | 9532 |
| Sec. 323.153. (A) To obtain a reduction in real property | 9533 |
| taxes under division (A) or (B) of section 323.152 of the Revised | 9534 |
| Code or in manufactured home taxes under division (B) of section | 9535 |
| 323.152 of the Revised Code, the owner shall file an application | 9536 |
| with the county auditor of the county in which the owner's | 9537 |
| homestead is located. | 9538 |
| To obtain a reduction in real property taxes under division | 9539 |
| (A) of section 323.152 of the Revised Code, the occupant of a | 9540 |
| homestead in a housing cooperative shall file an application with | 9541 |
| the nonprofit corporation that owns and operates the housing | 9542 |
| cooperative, in accordance with this paragraph. Not later than the | 9543 |
| first day of March each year, the corporation shall obtain | 9544 |
| applications from the county auditor's office and provide one to | 9545 |
| each new occupant. Not later than the first day of May, any | 9546 |
| occupant who may be eligible for a reduction in taxes under | 9547 |
| division (A) of section 323.152 of the Revised Code shall submit | 9548 |
| the completed application to the corporation. Not later than the | 9549 |
| fifteenth day of May, the corporation shall file all completed | 9550 |
| applications, and the information required by division (B) of | 9551 |
| section 323.159 of the Revised Code, with the county auditor of | 9552 |
| the county in which the occupants' homesteads are located. | 9553 |
| Continuing applications shall be furnished to an occupant in the | 9554 |
| manner provided in division (C)(4) of this section. | 9555 |
| (1) An application for reduction based upon a physical | 9556 |
| disability shall be accompanied by a certificate signed by a | 9557 |
| physician, and an application for reduction based upon a mental | 9558 |
| disability shall be accompanied by a certificate signed by a | 9559 |
| physician or psychologist licensed to practice in this state, | 9560 |
| attesting to the fact that the applicant is permanently and | 9561 |
| totally disabled. The certificate shall be in a form that the tax | 9562 |
| commissioner requires and shall include the definition of | 9563 |
| permanently and totally disabled as set forth in section 323.151 | 9564 |
| of the Revised Code. An application for reduction based upon a | 9565 |
| disability certified as permanent and total by a state or federal | 9566 |
| agency having the function of so classifying persons shall be | 9567 |
|
accompanied by a certificate from that agency. | 9568 |
| An application for a reduction under division (A) of section | 9569 |
| 323.152 of the Revised Code constitutes a continuing application | 9570 |
| for a reduction in taxes for each year in which the dwelling is | 9571 |
| the applicant's
homestead | 9572 |
| 9573 | |
| 9574 | |
| 9575 | |
| 9576 |
| (2) An application for a reduction in taxes under division | 9577 |
| (B) of section 323.152 of the Revised Code shall be filed only if | 9578 |
| the homestead or manufactured or mobile home was transferred in | 9579 |
| the preceding year or did not qualify for and receive the | 9580 |
| reduction in taxes under that division for the preceding tax year. | 9581 |
| The application for homesteads transferred in the preceding year | 9582 |
| shall be incorporated into any form used by the county auditor to | 9583 |
| administer the tax law in respect to the conveyance of real | 9584 |
| property pursuant to section 319.20 of the Revised Code or of used | 9585 |
| manufactured homes or used mobile homes as defined in section | 9586 |
| 5739.0210 of the Revised Code. The owner of a manufactured or | 9587 |
| mobile home who has elected under division (D)(4) of section | 9588 |
| 4503.06 of the Revised Code to be taxed under division (D)(2) of | 9589 |
| that section for the ensuing year may file the application at the | 9590 |
| time of making that election. The application shall contain a | 9591 |
| statement that failure by the applicant to affirm on the | 9592 |
| application that the dwelling on the property conveyed is the | 9593 |
| applicant's homestead prohibits the owner from receiving the | 9594 |
| reduction in taxes until a proper application is filed within the | 9595 |
| period prescribed by division (A)(3) of this section. Such an | 9596 |
| application constitutes a continuing application for a reduction | 9597 |
| in taxes for each year in which the dwelling is the applicant's | 9598 |
| homestead. | 9599 |
| (3) Failure to receive a new application filed under division | 9600 |
| (A)(1) or (2) or notification under division (C) of this section | 9601 |
| after a certificate of reduction has been issued under section | 9602 |
| 323.154 of the Revised Code, or failure to receive a new | 9603 |
| application filed under division (A)(1) or notification under | 9604 |
| division (C) of this section after a certificate of reduction has | 9605 |
| been issued under section 323.159 of the Revised Code, is | 9606 |
| prima-facie evidence that the original applicant is entitled to | 9607 |
| the reduction in taxes calculated on the basis of the information | 9608 |
| contained in the original application. The original application | 9609 |
| and any subsequent application, including any late application, | 9610 |
| shall be in the form of a signed statement and shall be filed | 9611 |
| after the first Monday in January and not later than the first | 9612 |
| Monday in June. The original application and any subsequent | 9613 |
| application for a reduction in real property taxes shall be filed | 9614 |
| in the year for which the reduction is sought. The original | 9615 |
| application and any subsequent application for a reduction in | 9616 |
| manufactured home taxes shall be filed in the year preceding the | 9617 |
| year for which the reduction is sought. The statement shall be on | 9618 |
| a form, devised and supplied by the tax commissioner, which shall | 9619 |
| require no more information than is necessary to establish the | 9620 |
| applicant's eligibility for the reduction in taxes and the amount | 9621 |
| of the reduction, and, for a certificate of reduction issued under | 9622 |
| section 323.154 of the Revised Code, shall include an affirmation | 9623 |
| by the applicant that ownership of the homestead was not acquired | 9624 |
| from a person, other than the applicant's spouse, related to the | 9625 |
| owner by consanguinity or affinity for the purpose of qualifying | 9626 |
| for the real property or manufactured home tax reduction provided | 9627 |
| for in division (A) or (B) of section 323.152 of the Revised Code. | 9628 |
| The form shall contain a statement that conviction of willfully | 9629 |
| falsifying information to obtain a reduction in taxes or failing | 9630 |
| to comply with division (C) of this section results in the | 9631 |
| revocation of the right to the reduction for a period of three | 9632 |
|
years. | 9633 |
| 9634 | |
| 9635 | |
| 9636 | |
| 9637 | |
| 9638 | |
| 9639 | |
| 9640 |
| (B) A late application for a tax reduction for the year | 9641 |
| preceding the year in which an original application is filed, or | 9642 |
| for a reduction in manufactured home taxes for the year in which | 9643 |
| an original application is filed, may be filed with the original | 9644 |
| application. If the county auditor determines the information | 9645 |
| contained in the late application is correct, the auditor shall | 9646 |
| determine the amount of the reduction in taxes to which the | 9647 |
| applicant would have been entitled for the preceding tax year had | 9648 |
| the applicant's application been timely filed and approved in that | 9649 |
| year. | 9650 |
| The amount of such reduction shall be treated by the auditor | 9651 |
| as an overpayment of taxes by the applicant and shall be refunded | 9652 |
| in the manner prescribed in section 5715.22 of the Revised Code | 9653 |
| for making refunds of overpayments. On the first day of July of | 9654 |
| each year, the county auditor shall certify the total amount of | 9655 |
| the reductions in taxes made in the current year under this | 9656 |
| division to the tax commissioner, who shall treat the full amount | 9657 |
| thereof as a reduction in taxes for the preceding tax year and | 9658 |
| shall make reimbursement to the county therefor in the manner | 9659 |
| prescribed by section 323.156 of the Revised Code, from money | 9660 |
| appropriated for that purpose. | 9661 |
| (C)(1) If, in any year after an application has been filed | 9662 |
| under division (A)(1) or (2) of this section, the owner does not | 9663 |
| qualify for a reduction in taxes on the homestead or on the | 9664 |
|
manufactured or mobile home set forth on such
application | 9665 |
| 9666 | |
| 9667 | |
| 9668 | |
| 9669 | |
| notify the county auditor that the owner is not qualified for a | 9670 |
|
reduction in taxes | 9671 |
| 9672 |
| (2) If, in any year after an application has been filed under | 9673 |
|
division (A) | 9674 |
| housing cooperative does not qualify for a reduction in taxes on | 9675 |
| the homestead, the occupant shall notify the county auditor that | 9676 |
| the occupant is not qualified for a reduction in taxes or file a | 9677 |
| new
application under division (A) | 9678 |
| (3) If the county auditor or county treasurer discovers that | 9679 |
| the owner of property not entitled to the reduction in taxes under | 9680 |
| division (B) of section 323.152 of the Revised Code failed to | 9681 |
| notify the county auditor as required by division (C)(1) of this | 9682 |
| section, a charge shall be imposed against the property in the | 9683 |
| amount by which taxes were reduced under that division for each | 9684 |
| tax year the county auditor ascertains that the property was not | 9685 |
| entitled to the reduction and was owned by the current owner. | 9686 |
| Interest shall accrue in the manner prescribed by division (B) of | 9687 |
| section 323.121 or division (G)(2) of section 4503.06 of the | 9688 |
| Revised Code on the amount by which taxes were reduced for each | 9689 |
| such tax year as if the reduction became delinquent taxes at the | 9690 |
| close of the last day the second installment of taxes for that tax | 9691 |
| year could be paid without penalty. The county auditor shall | 9692 |
| notify the owner, by ordinary mail, of the charge, of the owner's | 9693 |
| right to appeal the charge, and of the manner in which the owner | 9694 |
| may appeal. The owner may appeal the imposition of the charge and | 9695 |
| interest by filing an appeal with the county board of revision not | 9696 |
| later than the last day prescribed for payment of real and public | 9697 |
| utility property taxes under section 323.12 of the Revised Code | 9698 |
| following receipt of the notice and occurring at least ninety days | 9699 |
| after receipt of the notice. The appeal shall be treated in the | 9700 |
| same manner as a complaint relating to the valuation or assessment | 9701 |
| of real property under Chapter 5715. of the Revised Code. The | 9702 |
| charge and any interest shall be collected as other delinquent | 9703 |
| taxes. | 9704 |
| (4) Each year during January, the county auditor shall | 9705 |
| furnish by ordinary mail a continuing application to each person | 9706 |
| issued a certificate of reduction under section 323.154 or 323.159 | 9707 |
| of the Revised Code with respect to a reduction in taxes under | 9708 |
| division (A) of section 323.152 of the Revised Code. The | 9709 |
|
continuing application
shall be used to report | 9710 |
| 9711 | |
| 9712 | |
| changes in ownership or occupancy of the homestead, including | 9713 |
| changes in or revocation of a revocable inter vivos trust, changes | 9714 |
| in disability, and other changes in the information earlier | 9715 |
| furnished the auditor relative to the reduction in taxes on the | 9716 |
| property. The continuing application shall be returned to the | 9717 |
| auditor not later than the first Monday in June; provided, that if | 9718 |
| such changes do not affect the status of the homestead exemption | 9719 |
| or the amount of the reduction to which the owner is entitled | 9720 |
| under division (A) of section 323.152 of the Revised Code or to | 9721 |
| which the occupant is entitled under section 323.159 of the | 9722 |
| Revised Code, the application does not need to be returned. | 9723 |
| (5) Each year during February, the county auditor, except as | 9724 |
| otherwise provided in this paragraph, shall furnish by ordinary | 9725 |
| mail an original application to the owner, as of the first day of | 9726 |
| January of that year, of a homestead or a manufactured or mobile | 9727 |
| home that transferred during the preceding calendar year and that | 9728 |
| qualified for and received a reduction in taxes under division (B) | 9729 |
| of section 323.152 of the Revised Code for the preceding tax year. | 9730 |
| In order to receive the reduction under that division, the owner | 9731 |
| shall file the application with the county auditor not later than | 9732 |
| the first Monday in June. If the application is not timely filed, | 9733 |
| the auditor shall not grant a reduction in taxes for the homestead | 9734 |
| for the current year, and shall notify the owner that the | 9735 |
| reduction in taxes has not been granted, in the same manner | 9736 |
| prescribed under section 323.154 of the Revised Code for | 9737 |
| notification of denial of an application. Failure of an owner to | 9738 |
| receive an application does not excuse the failure of the owner to | 9739 |
| file an original application. The county auditor is not required | 9740 |
| to furnish an application under this paragraph for any homestead | 9741 |
| for which application has previously been made on a form | 9742 |
| incorporated into any form used by the county auditor to | 9743 |
| administer the tax law in respect to the conveyance of real | 9744 |
| property or of used manufactured homes or used mobile homes, and | 9745 |
| an owner who previously has applied on such a form is not required | 9746 |
| to return an application furnished under this paragraph. | 9747 |
| (D) No person shall knowingly make a false statement for the | 9748 |
| purpose of obtaining a reduction in the person's real property or | 9749 |
| manufactured home taxes under section 323.152 of the Revised Code. | 9750 |
| (E) No person shall knowingly fail to notify the county | 9751 |
| auditor of changes required by division (C) of this section that | 9752 |
|
have the effect of maintaining or securing a reduction | 9753 |
| 9754 | |
| 9755 |
| (F) No person shall knowingly make a false statement or | 9756 |
| certification attesting to any person's physical or mental | 9757 |
| condition for purposes of qualifying such person for tax relief | 9758 |
| pursuant to sections 323.151 to 323.159 of the Revised Code. | 9759 |
| Sec. 323.154. On or before the day the county auditor has | 9760 |
| completed the duties imposed by sections 319.30 to 319.302 of the | 9761 |
| Revised Code, the auditor shall issue a certificate of reduction | 9762 |
| in taxes in triplicate for each person who has complied with | 9763 |
| section 323.153 of the Revised Code and whose homestead, as | 9764 |
| defined in division (A)(1) of section 323.151 of the Revised Code, | 9765 |
| or manufactured or mobile home the auditor finds is entitled to a | 9766 |
| reduction in real property or manufactured home taxes for that | 9767 |
| year under section 323.152 of the Revised Code. Except as provided | 9768 |
| in section 323.159 of the Revised Code, in the case of a homestead | 9769 |
| entitled to a reduction under division (A) of that section, the | 9770 |
| certificate shall state the taxable value of the homestead on the | 9771 |
| first day of January of that year, the | 9772 |
| 9773 | |
| that section, the tax rate that is applicable against such | 9774 |
| homestead for that year, and any other information the tax | 9775 |
| commissioner requires. In the case of a homestead or a | 9776 |
| manufactured or mobile home entitled to a reduction under division | 9777 |
| (B) of that section, the certificate shall state the total amount | 9778 |
| of the reduction in taxes for that year under that section and any | 9779 |
| other information the tax commissioner requires. The certificate | 9780 |
| for reduction in taxes shall be on a form approved by the | 9781 |
| commissioner. Upon issuance of such a certificate, the county | 9782 |
| auditor shall forward one copy and the original to the county | 9783 |
| treasurer and retain one copy. The county auditor also shall | 9784 |
| record the amount of reduction in taxes in the appropriate column | 9785 |
| on the general tax list and duplicate of real and public utility | 9786 |
| property and on the manufactured home tax list. | 9787 |
| If an application, late application, or continuing | 9788 |
| application is not approved, or if the county auditor otherwise | 9789 |
| determines that a homestead or a manufactured or mobile home does | 9790 |
| not qualify for a reduction in taxes under division (A) or (B) of | 9791 |
| section 323.152 of the Revised Code, the auditor shall notify the | 9792 |
| applicant of the reasons for denial not later than the first | 9793 |
| Monday in October. If an applicant believes that the application | 9794 |
| for reduction has been improperly denied or that the reduction is | 9795 |
| for less than that to which the applicant is entitled, the | 9796 |
| applicant may file an appeal with the county board of revision not | 9797 |
| later than the date of closing of the collection for the first | 9798 |
| half of real and public utility property taxes or manufactured | 9799 |
| home taxes. The appeal shall be treated in the same manner as a | 9800 |
| complaint relating to the valuation or assessment of real property | 9801 |
| under Chapter 5715. of the Revised Code. | 9802 |
| Sec. 325.31. (A) On the first business day of each month, | 9803 |
| and at the end of the officer's term of office, each officer named | 9804 |
| in section 325.27 of the Revised Code shall pay into the county | 9805 |
| treasury, to the credit of the general county fund, on the warrant | 9806 |
| of the county auditor, all fees, costs, penalties, percentages, | 9807 |
| allowances, and perquisites collected by the officer's office | 9808 |
| during the preceding month or part thereof for official services, | 9809 |
| except the fees allowed the county auditor by division | 9810 |
| section 319.54 of the Revised Code, which shall be paid into the | 9811 |
| county treasury to the credit of the real estate assessment fund | 9812 |
| hereby created. | 9813 |
| (B) Moneys to the credit of the real estate assessment fund | 9814 |
| may be expended, upon appropriation by the board of county | 9815 |
| commissioners, for the purpose of defraying one or more of the | 9816 |
| following: | 9817 |
| (1) The cost incurred by the county auditor in assessing real | 9818 |
| estate pursuant to Chapter 5713. of the Revised Code and | 9819 |
| manufactured and mobile homes pursuant to Chapter 4503. of the | 9820 |
| Revised Code; | 9821 |
| (2) At the county auditor's discretion, costs and expenses | 9822 |
| incurred by the county auditor in preparing the list of real and | 9823 |
| public utility property, in administering laws related to the | 9824 |
| taxation of real property and the levying of special assessments | 9825 |
| on real property, including administering reductions under | 9826 |
| Chapters 319. and 323. and section 4503.065 of the Revised Code, | 9827 |
| and to support assessments of real property in any administrative | 9828 |
| or judicial proceeding; | 9829 |
| (3) At the county auditor's discretion, the expenses incurred | 9830 |
| by the county board of revision under Chapter 5715. of the Revised | 9831 |
| Code; | 9832 |
| (4) At the county auditor's discretion, the expenses incurred | 9833 |
| by the county auditor for geographic information systems, mapping | 9834 |
| programs, and technological advances in those or similar systems | 9835 |
| or programs; | 9836 |
| (5) At the county auditor's discretion, expenses incurred by | 9837 |
| the county auditor in compiling the general tax list of tangible | 9838 |
| personal property and administering tangible personal property | 9839 |
| taxes under Chapters 5711. and 5719. of the Revised Code; | 9840 |
| (6) At the county auditor's discretion, costs, expenses, and | 9841 |
| fees incurred by the county auditor in the administration of | 9842 |
| estate taxes under Chapter 5731. of the Revised Code and the | 9843 |
| amounts incurred under section 5731.41 of the Revised Code. | 9844 |
| Any expenditures made from the real estate assessment fund | 9845 |
| shall comply with rules that the tax commissioner adopts under | 9846 |
| division (O) of section 5703.05 of the Revised Code. Those rules | 9847 |
| shall include a requirement that a copy of any appraisal plans, | 9848 |
| progress of work reports, contracts, or other documents required | 9849 |
| to be filed with the tax commissioner shall be filed also with the | 9850 |
| board of county commissioners. | 9851 |
| The board of county commissioners shall not transfer moneys | 9852 |
| required to be deposited in the real estate assessment fund to any | 9853 |
| other fund. Following an assessment of real property pursuant to | 9854 |
| Chapter 5713. of the Revised Code, or an assessment of a | 9855 |
| manufactured or mobile home pursuant to Chapter 4503. of the | 9856 |
| Revised Code, any moneys not expended for the purpose of defraying | 9857 |
| the cost incurred in assessing real estate or manufactured or | 9858 |
| mobile homes or for the purpose of defraying the expenses | 9859 |
| described in divisions (B)(2), (3), (4), (5), and (6) of this | 9860 |
| section, and thereby remaining to the credit of the real estate | 9861 |
| assessment fund, shall be apportioned ratably and distributed to | 9862 |
| those taxing authorities that contributed to the fund. However, no | 9863 |
| such distribution shall be made if the amount of such unexpended | 9864 |
| moneys remaining to the credit of the real estate assessment fund | 9865 |
| does not exceed five thousand dollars. | 9866 |
| (C) None of the officers named in section 325.27 of the | 9867 |
| Revised Code shall collect any fees from the county. Each of such | 9868 |
| officers shall, at the end of each calendar year, make and file a | 9869 |
| sworn statement with the board of county commissioners of all such | 9870 |
| fees, costs, penalties, percentages, allowances, and perquisites | 9871 |
| which have been due in the officer's office and unpaid for more | 9872 |
| than one year prior to the date such statement is required to be | 9873 |
| made. | 9874 |
| Sec. 329.04. (A) The county department of job and family | 9875 |
| services shall have, exercise, and perform the following powers | 9876 |
| and duties: | 9877 |
| (1) Perform any duties assigned by the state department of | 9878 |
| job and family services regarding the provision of public family | 9879 |
| services, including the provision of the following services to | 9880 |
| prevent or reduce economic or personal dependency and to | 9881 |
| strengthen family life: | 9882 |
| (a) Services authorized by a Title IV-A program, as defined | 9883 |
| in section 5101.80 of the Revised Code; | 9884 |
| (b) Social services authorized by Title XX of the "Social | 9885 |
| Security Act" and provided for by section 5101.46 or 5101.461 of | 9886 |
| the Revised Code; | 9887 |
| (c) If the county department is designated as the child | 9888 |
| support enforcement agency, services authorized by Title IV-D of | 9889 |
| the "Social Security Act" and provided for by Chapter 3125. of | 9890 |
| the Revised Code. The county department may perform the services | 9891 |
| itself or contract with other government entities, and, pursuant | 9892 |
| to division (C) of section 2301.35 and section 2301.42 of the | 9893 |
| Revised Code, private entities, to perform the Title IV-D | 9894 |
| services. | 9895 |
| (d) Duties assigned under section 5111.98 of the Revised | 9896 |
| Code. | 9897 |
| (2) Administer disability financial assistance, as required | 9898 |
| by the state department of job and family services under section | 9899 |
| 5115.03 of the Revised Code; | 9900 |
| (3) Administer disability medical assistance, as required by | 9901 |
| the state department of job and family services under section | 9902 |
| 5115.13 of the Revised Code; | 9903 |
| (4) Administer burials insofar as the administration of | 9904 |
| burials was, prior to September 12, 1947, imposed upon the board | 9905 |
| of county commissioners and if otherwise required by state law; | 9906 |
| (5) Cooperate with state and federal authorities in any | 9907 |
| matter relating to family services and to act as the agent of such | 9908 |
| authorities; | 9909 |
| (6) Submit an annual account of its work and expenses to the | 9910 |
| board of county commissioners and to the state department of job | 9911 |
| and family services at the close of each fiscal year; | 9912 |
| (7) Exercise any powers and duties relating to family | 9913 |
| services duties or workforce development activities imposed upon | 9914 |
| the county department of job and family services by law, by | 9915 |
| resolution of the board of county commissioners, or by order of | 9916 |
| the governor, when authorized by law, to meet emergencies during | 9917 |
| war or peace; | 9918 |
| (8) Determine the eligibility for medical assistance of | 9919 |
| recipients of aid under Title XVI of the "Social Security Act"; | 9920 |
| (9) If assigned by the state director of job and family | 9921 |
| services under section 5101.515 of the Revised Code, determine | 9922 |
| applicants' eligibility for health assistance under the children's | 9923 |
| health insurance program part II; | 9924 |
| (10) Enter into a plan of cooperation with the board of | 9925 |
| county commissioners under section 307.983, consult with the board | 9926 |
| in the development of the transportation work plan developed under | 9927 |
| section 307.985, establish with the board procedures under section | 9928 |
| 307.986 for providing services to children whose families relocate | 9929 |
| frequently, and comply with the contracts the board enters into | 9930 |
| under sections 307.981 and 307.982 of the Revised Code that affect | 9931 |
| the county department; | 9932 |
| (11) For the purpose of complying with a | 9933 |
| agreement the board of county commissioners enters into under | 9934 |
| 9935 | |
| the
powers and
perform the duties the | 9936 |
| assigns to the county department; | 9937 |
| (12) If the county department is designated as the workforce | 9938 |
| development agency, provide the workforce development activities | 9939 |
| specified in the contract required by section 330.05 of the | 9940 |
| Revised Code. | 9941 |
| (B) The powers and duties of a county department of job and | 9942 |
| family services are, and shall be exercised and performed, under | 9943 |
| the control and direction of the board of county commissioners. | 9944 |
| The board may assign to the county department any power or duty of | 9945 |
| the board regarding family services duties and workforce | 9946 |
| development activities. If the new power or duty necessitates the | 9947 |
| state department of job and family services changing its federal | 9948 |
| cost allocation plan, the county department may not implement the | 9949 |
| power or duty unless the United States department of health and | 9950 |
| human services approves the changes. | 9951 |
| Sec. 329.05. The county department of job and family | 9952 |
| services may administer or assist in administering any state or | 9953 |
| local family services duty in addition to those mentioned in | 9954 |
| section 329.04 of the Revised Code, supported wholly or in part by | 9955 |
| public funds from any source provided by agreement between the | 9956 |
| board of county commissioners and the officer, department, board, | 9957 |
| or agency in which the administration of such activity is vested. | 9958 |
| Such officer, department, board, or agency may enter into such | 9959 |
| agreement and confer upon the county department of job and family | 9960 |
| services, to the extent and in particulars specified in the | 9961 |
| agreement, the performance of any duties and the exercise of any | 9962 |
| powers imposed upon or vested in such officer, board, department, | 9963 |
| or agency, with respect to the administration of such activity. | 9964 |
| Such agreement shall be in the form of a resolution of the board | 9965 |
| of county commissioners, accepted in writing by the other party to | 9966 |
| the agreement, and filed in the office of the county auditor, and | 9967 |
| when so filed, shall have the effect of transferring the exercise | 9968 |
| of the powers and duties to which the agreement relates and shall | 9969 |
| exempt the other party from all further responsibility for the | 9970 |
| exercise of the powers and duties so transferred, during the life | 9971 |
| of the agreement. | 9972 |
| Such agreement shall be coordinated and not conflict with a | 9973 |
| 9974 | |
| and 5101.21, a contract entered into under section 307.981 or | 9975 |
| 307.982, a plan of cooperation entered into under section 307.983, | 9976 |
| a regional plan of cooperation entered into under section 307.984, | 9977 |
| a transportation work plan developed under section 307.985, or | 9978 |
| procedures for providing services to children whose families | 9979 |
| relocate frequently established under section 307.986 of the | 9980 |
| Revised Code. It may be revoked at the option of either party, by | 9981 |
| a resolution or order of the revoking party filed in the office of | 9982 |
| the auditor. Such revocation shall become effective at the end of | 9983 |
| the fiscal year occurring at least six months following the filing | 9984 |
| of the resolution or order. In the absence of such an express | 9985 |
| revocation so filed, the agreement shall continue indefinitely. | 9986 |
| This section does not permit a county department of job and | 9987 |
| family services to manage or control hospitals, humane societies, | 9988 |
| detention facilities, jails or probation departments of courts, or | 9989 |
| veterans service commissions. | 9990 |
| Sec. 329.14. (A) An individual whose household income does | 9991 |
| not exceed | 9992 |
| line is eligible to participate in an individual development | 9993 |
| account program established by the county department of job and | 9994 |
| family services of the county in which the individual resides. An | 9995 |
| eligible individual seeking to be a participant in the program | 9996 |
| shall enter into an agreement with the fiduciary organization | 9997 |
| administering the program. The agreement shall specify the terms | 9998 |
| and conditions of uses of funds deposited, financial documentation | 9999 |
| required to be maintained by the participant, expectations and | 10000 |
| responsibilities of the participant, and services to be provided | 10001 |
| by the fiduciary organization. | 10002 |
| (B) A participant may deposit earned income, as defined in 26 | 10003 |
| U.S.C. 911(d)(2), as amended, into the account. The fiduciary | 10004 |
| organization may deposit into the account an amount not exceeding | 10005 |
| 10006 | |
| that a fiduciary organization may not, pursuant to an agreement | 10007 |
| with an employer, deposit an amount into an account held by a | 10008 |
| participant who is employed by the employer. An account may have | 10009 |
| no more than ten thousand dollars in it at any time. | 10010 |
| (C) Notwithstanding eligibility requirements established in | 10011 |
| or pursuant to Chapter 5107., 5108., or 5111. of the Revised Code, | 10012 |
| to the extent permitted by federal statutes and regulations, money | 10013 |
| in an individual development account, including interest, is | 10014 |
| exempt from consideration in determining whether the participant | 10015 |
| or a member of the participant's assistance group is eligible for | 10016 |
| assistance under Chapter 5107., 5108., or 5111. of the Revised | 10017 |
| Code and the amount of assistance the participant or assistance | 10018 |
| group is eligible to receive. | 10019 |
| (D)(1) Except as provided in division (D)(2) of this section, | 10020 |
| an individual development account program participant may use | 10021 |
| money in the account only for the following purposes: | 10022 |
| (a) Postsecondary educational expenses paid directly from the | 10023 |
| account to an eligible education institution or vendor; | 10024 |
| (b) Qualified acquisition expenses of a principal residence, | 10025 |
| as defined in 26 U.S.C. 1034, as amended, paid directly from the | 10026 |
| account to the person or government entity to which the expenses | 10027 |
| are due; | 10028 |
| (c) Qualified business capitalization expenses made in | 10029 |
| accordance with a qualified business plan that has been approved | 10030 |
| by a financial institution or by a nonprofit microenterprise | 10031 |
| program having demonstrated business expertise and paid directly | 10032 |
| from the account to the person to whom the expenses are due. | 10033 |
| (2) A fiduciary organization shall permit a participant to | 10034 |
| withdraw money deposited by the participant if it is needed to | 10035 |
| deal with a personal emergency of the participant or a member of | 10036 |
| the participant's family or household. Withdrawal shall result in | 10037 |
| the loss of any matching funds in an amount equal to the amount of | 10038 |
| the withdrawal. | 10039 |
| (3) Regardless of the reason for the withdrawal, a withdrawal | 10040 |
| from an individual development account may be made only with the | 10041 |
| approval of the fiduciary organization. | 10042 |
| Sec. 340.03. (A) Subject to rules issued by the director of | 10043 |
| mental health after consultation with relevant constituencies as | 10044 |
| required by division (A)(11) of section 5119.06 of the Revised | 10045 |
| Code, with regard to mental health services, the board of alcohol, | 10046 |
| drug addiction, and mental health services shall: | 10047 |
| (1) Serve as the community mental health planning agency for | 10048 |
| the county or counties under its jurisdiction, and in so doing it | 10049 |
| shall: | 10050 |
| (a) Evaluate the need for facilities and community mental | 10051 |
| health services; | 10052 |
| (b) In cooperation with other local and regional planning and | 10053 |
| funding bodies and with relevant ethnic organizations, assess the | 10054 |
| community mental health needs, set priorities, and develop plans | 10055 |
| for the operation of facilities and community mental health | 10056 |
| services; | 10057 |
| (c) In accordance with guidelines issued by the director of | 10058 |
| mental health after consultation with board representatives, | 10059 |
| develop and submit to the department of mental health, no later | 10060 |
| than six months prior to the conclusion of the fiscal year in | 10061 |
| which the board's current plan is scheduled to expire, a community | 10062 |
| mental health plan listing community mental health needs, | 10063 |
| including the needs of all residents of the district now residing | 10064 |
| in state mental institutions and severely mentally disabled | 10065 |
| adults, children, and adolescents; all children subject to a | 10066 |
| determination made pursuant to section 121.38 of the Revised Code; | 10067 |
| and all the facilities and community mental health services that | 10068 |
| are or will be in operation or provided during the period for | 10069 |
| which the plan will be in operation in the service district to | 10070 |
| meet such needs. | 10071 |
| The plan shall include, but not be limited to, a statement of | 10072 |
| which of the services listed in section 340.09 of the Revised Code | 10073 |
| the board intends to make available. The board must include crisis | 10074 |
| intervention services for individuals in an emergency situation in | 10075 |
| the plan and explain how the board intends to make such services | 10076 |
| available. The plan must also include an explanation of how the | 10077 |
| board intends to make any payments that it may be required to pay | 10078 |
| under section 5119.62 of the Revised Code, a statement of the | 10079 |
| inpatient and community-based services the board proposes that the | 10080 |
| department operate, an assessment of the number and types of | 10081 |
| residential facilities needed, such other information as the | 10082 |
| department requests, and a budget for moneys the board expects to | 10083 |
| receive. The board shall also submit an allocation request for | 10084 |
| state and federal funds. Within sixty days after the department's | 10085 |
| determination that the plan and allocation request are complete, | 10086 |
| the department shall approve or disapprove the plan and request, | 10087 |
| in whole or in part, according to the criteria developed pursuant | 10088 |
| to section 5119.61 of the Revised Code. The department's statement | 10089 |
| of approval or disapproval shall specify the inpatient and the | 10090 |
| community-based services that the department will operate for the | 10091 |
| board. Eligibility | 10092 |
| | 10093 |
| upon an
approved plan or relevant part of a plan. | 10094 |
| 10095 | |
| 10096 | |
| 10097 | |
| 10098 | |
| 10099 | |
| 10100 | |
| 10101 | |
| 10102 | |
| 10103 | |
| 10104 | |
| 10105 | |
| 10106 | |
| 10107 | |
| 10108 |
| If the director disapproves all or part of any plan, the | 10109 |
| director shall inform the board of the reasons for the disapproval | 10110 |
| and of the criteria that must be met before the plan may be | 10111 |
| approved. The director shall provide the board an opportunity to | 10112 |
| present its case on behalf of the plan. The director shall give | 10113 |
| the board a reasonable time in which to meet the criteria, and | 10114 |
| shall offer the board technical assistance to help it meet the | 10115 |
| criteria. | 10116 |
| If the approval of a plan remains in dispute thirty days | 10117 |
| prior to the conclusion of the fiscal year in which the board's | 10118 |
| current plan is scheduled to expire, the board or the director may | 10119 |
| request that the dispute be submitted to a mutually agreed upon | 10120 |
| third-party mediator with the cost to be shared by the board and | 10121 |
| the department. The mediator shall issue to the board and the | 10122 |
| department recommendations for resolution of the dispute. Prior to | 10123 |
| the conclusion of the fiscal year in which the current plan is | 10124 |
| scheduled to expire, the director, taking into consideration the | 10125 |
| recommendations of the mediator, shall make a final determination | 10126 |
| and approve or disapprove the plan, in whole or in part. | 10127 |
| If a board determines that it is necessary to amend a plan or | 10128 |
| an allocation request that has been approved under division | 10129 |
| (A)(1)(c) of this section, the board shall submit a proposed | 10130 |
| amendment to the director. The director may approve or disapprove | 10131 |
| all or part of the amendment. If the director does not approve all | 10132 |
| or part of the amendment within thirty days after it is submitted, | 10133 |
| the amendment or part of it shall be considered to have been | 10134 |
| approved. The director shall inform the board of the reasons for | 10135 |
| disapproval of all or part of an amendment and of the criteria | 10136 |
| that must be met before the amendment may be approved. The | 10137 |
| director shall provide the board an opportunity to present its | 10138 |
| case on behalf of the amendment. The director shall give the board | 10139 |
| a reasonable time in which to meet the criteria, and shall offer | 10140 |
| the board technical assistance to help it meet the criteria. | 10141 |
| The board shall implement the plan approved by the | 10142 |
| department. | 10143 |
| (d) Receive, compile, and transmit to the department of | 10144 |
| mental health applications for state reimbursement; | 10145 |
| (e) Promote, arrange, and implement working agreements with | 10146 |
| social agencies, both public and private, and with judicial | 10147 |
| agencies. | 10148 |
| (2) Investigate, or request another agency to investigate, | 10149 |
| any complaint alleging abuse or neglect of any person receiving | 10150 |
| services from a community mental health agency as defined in | 10151 |
| section 5122.01 of the Revised Code, or from a residential | 10152 |
| facility licensed under section 5119.22 of the Revised Code. If | 10153 |
| the investigation substantiates the charge of abuse or neglect, | 10154 |
| the board shall take whatever action it determines is necessary to | 10155 |
| correct the situation, including notification of the appropriate | 10156 |
| authorities. Upon request, the board shall provide information | 10157 |
| about such investigations to the department. | 10158 |
| (3) For the purpose of section 5119.611 of the Revised Code, | 10159 |
| cooperate with the director of mental health in visiting and | 10160 |
| evaluating whether the services of a community mental health | 10161 |
| agency satisfy the certification standards established by rules | 10162 |
| adopted under that section; | 10163 |
| (4) In accordance with criteria established under division | 10164 |
| (G) of section 5119.61 of the Revised Code, review and evaluate | 10165 |
| the quality, effectiveness, and efficiency of services provided | 10166 |
| through its community mental health plan and submit its findings | 10167 |
| and recommendations to the department of mental health; | 10168 |
| (5) In accordance with section 5119.22 of the Revised Code, | 10169 |
| review applications for residential facility licenses and | 10170 |
| recommend to the department of mental health approval or | 10171 |
| disapproval of applications; | 10172 |
| (6) Audit, in accordance with rules adopted by the auditor of | 10173 |
| state pursuant to section 117.20 of the Revised Code, at least | 10174 |
| annually all programs and services provided under contract with | 10175 |
| the board. In so doing, the board may contract for or employ the | 10176 |
| services of private auditors. A copy of the fiscal audit report | 10177 |
| shall be provided to the director of mental health, the auditor of | 10178 |
| state, and the county auditor of each county in the board's | 10179 |
| district. | 10180 |
| (7) Recruit and promote local financial support for mental | 10181 |
| health programs from private and public sources; | 10182 |
| (8)(a) Enter into contracts with public and private | 10183 |
| facilities for the operation of facility services included in the | 10184 |
| board's community mental health plan and enter into contracts with | 10185 |
| public and private community mental health agencies for the | 10186 |
| provision of community mental health services that are listed in | 10187 |
| section 340.09 of the Revised Code and included in the board's | 10188 |
| community mental health plan. The board may not contract with a | 10189 |
| community mental health agency to provide community mental health | 10190 |
| services included in the board's community mental health plan | 10191 |
| unless the services are certified by the director of mental health | 10192 |
| under section 5119.611 of the Revised Code. Section 307.86 of the | 10193 |
| Revised Code does not apply to contracts entered into under this | 10194 |
| division. In contracting with a community mental health agency, a | 10195 |
| board shall consider the cost effectiveness of services provided | 10196 |
| by that agency and the quality and continuity of care, and may | 10197 |
| review cost elements, including salary costs, of the services to | 10198 |
| be provided. A utilization review process shall be established as | 10199 |
| part of the contract for services entered into between a board and | 10200 |
| a community mental health agency. The board may establish this | 10201 |
| process in a way that is most effective and efficient in meeting | 10202 |
| local needs. In the case of a contract with a community mental | 10203 |
| health facility, as defined in section 5111.023 of the Revised | 10204 |
| Code, to provide services listed in division (B) of that section, | 10205 |
| the contract shall provide for the facility to be paid in | 10206 |
| accordance with the contract entered into between the departments | 10207 |
| of job and family services and mental health under section | 10208 |
| 5111.91 of the Revised Code and any rules adopted under division | 10209 |
| (A) of section 5119.61 of the Revised Code. | 10210 |
| If either the board or a facility or community mental health | 10211 |
| agency with which the board contracts under division (A)(8)(a) of | 10212 |
| this section proposes not to renew the contract or proposes | 10213 |
| substantial changes in contract terms, the other party shall be | 10214 |
| given written notice at least one hundred twenty days before the | 10215 |
| expiration date of the contract. During the first sixty days of | 10216 |
| this one hundred twenty-day period, both parties shall attempt to | 10217 |
| resolve any dispute through good faith collaboration and | 10218 |
| negotiation in order to continue to provide services to persons in | 10219 |
| need. If the dispute has not been resolved sixty days before the | 10220 |
| expiration date of the contract, either party may notify the | 10221 |
| department of mental health of the unresolved dispute. The | 10222 |
| director may require both parties to submit the dispute to a third | 10223 |
| party with the cost to be shared by the board and the facility or | 10224 |
| community mental health agency. The third party shall issue to the | 10225 |
| board, the facility or agency, and the department recommendations | 10226 |
| on how the dispute may be resolved twenty days prior to the | 10227 |
| expiration date of the contract, unless both parties agree to a | 10228 |
| time extension. The director shall adopt rules establishing the | 10229 |
| procedures of this dispute resolution process. | 10230 |
| (b) With the prior approval of the director of mental health, | 10231 |
| a board may operate a facility or provide a community mental | 10232 |
| health service as follows, if there is no other qualified private | 10233 |
| or public facility or community mental health agency that is | 10234 |
| immediately available and willing to operate such a facility or | 10235 |
| provide the service: | 10236 |
| (i) In an emergency situation, any board may operate a | 10237 |
| facility or provide a community mental health service in order to | 10238 |
| provide essential services for the duration of the emergency; | 10239 |
| (ii) In a service district with a population of at least one | 10240 |
| hundred thousand but less than five hundred thousand, a board may | 10241 |
| operate a facility or provide a community mental health service | 10242 |
| for no longer than one year; | 10243 |
| (iii) In a service district with a population of less than | 10244 |
| one hundred thousand, a board may operate a facility or provide a | 10245 |
| community mental health service for no longer than one year, | 10246 |
| except that such a board may operate a facility or provide a | 10247 |
| community mental health service for more than one year with the | 10248 |
| prior approval of the director and the prior approval of the board | 10249 |
| of county commissioners, or of a majority of the boards of county | 10250 |
| commissioners if the district is a joint-county district. | 10251 |
| The director shall not give a board approval to operate a | 10252 |
| facility or provide a community mental health service under | 10253 |
| division (A)(8)(b)(ii) or (iii) of this section unless the | 10254 |
| director determines that it is not feasible to have the department | 10255 |
| operate the facility or provide the service. | 10256 |
| The director shall not give a board approval to operate a | 10257 |
| facility or provide a community mental health service under | 10258 |
| division (A)(8)(b)(iii) of this section unless the director | 10259 |
| determines that the board will provide greater administrative | 10260 |
| efficiency and more or better services than would be available if | 10261 |
| the board contracted with a private or public facility or | 10262 |
| community mental health agency. | 10263 |
| The director shall not give a board approval to operate a | 10264 |
| facility previously operated by a person or other government | 10265 |
| entity unless the board has established to the director's | 10266 |
| satisfaction that the person or other government entity cannot | 10267 |
| effectively operate the facility or that the person or other | 10268 |
| government entity has requested the board to take over operation | 10269 |
| of the facility. The director shall not give a board approval to | 10270 |
| provide a community mental health service previously provided by a | 10271 |
| community mental health agency unless the board has established to | 10272 |
| the director's satisfaction that the agency cannot effectively | 10273 |
| provide the service or that the agency has requested the board | 10274 |
| take over providing the service. | 10275 |
| The director shall review and evaluate a board's operation of | 10276 |
| a facility and provision of community mental health service under | 10277 |
| division (A)(8)(b) of this section. | 10278 |
| Nothing in division (A)(8)(b) of this section authorizes a | 10279 |
| board to administer or direct the daily operation of any facility | 10280 |
| or community mental health agency, but a facility or agency may | 10281 |
| contract with a board to receive administrative services or staff | 10282 |
| direction from the board under the direction of the governing body | 10283 |
| of the facility or agency. | 10284 |
| (9) Approve fee schedules and related charges or adopt a unit | 10285 |
| cost schedule or other methods of payment for contract services | 10286 |
| provided by community mental health agencies in accordance with | 10287 |
| guidelines issued by the department as necessary to comply with | 10288 |
| state and federal laws pertaining to financial assistance; | 10289 |
| (10) Submit to the director and the county commissioners of | 10290 |
| the county or counties served by the board, and make available to | 10291 |
| the public, an annual report of the programs under the | 10292 |
| jurisdiction of the board, including a fiscal accounting; | 10293 |
| (11) Establish, to the extent resources are available, a | 10294 |
| community support system, which provides for treatment, support, | 10295 |
| and rehabilitation services and opportunities. The essential | 10296 |
| elements of the system include, but are not limited to, the | 10297 |
| following components in accordance with section 5119.06 of the | 10298 |
| Revised Code: | 10299 |
| (a) To locate persons in need of mental health services to | 10300 |
| inform them of available services and benefits mechanisms; | 10301 |
| (b) Assistance for clients to obtain services necessary to | 10302 |
| meet basic human needs for food, clothing, shelter, medical care, | 10303 |
| personal safety, and income; | 10304 |
| (c) Mental health care, including, but not limited to, | 10305 |
| outpatient, partial hospitalization, and, where appropriate, | 10306 |
| inpatient care; | 10307 |
| (d) Emergency services and crisis intervention; | 10308 |
| (e) Assistance for clients to obtain vocational services and | 10309 |
| opportunities for jobs; | 10310 |
| (f) The provision of services designed to develop social, | 10311 |
| community, and personal living skills; | 10312 |
| (g) Access to a wide range of housing and the provision of | 10313 |
| residential treatment and support; | 10314 |
| (h) Support, assistance, consultation, and education for | 10315 |
| families, friends, consumers of mental health services, and | 10316 |
| others; | 10317 |
| (i) Recognition and encouragement of families, friends, | 10318 |
| neighborhood networks, especially networks that include racial and | 10319 |
| ethnic minorities, churches, community organizations, and | 10320 |
| meaningful employment as natural supports for consumers of mental | 10321 |
| health services; | 10322 |
| (j) Grievance procedures and protection of the rights of | 10323 |
| consumers of mental health services; | 10324 |
| (k) Case management, which includes continual individualized | 10325 |
| assistance and advocacy to ensure that needed services are offered | 10326 |
| and procured. | 10327 |
| (12) Designate the treatment program, agency, or facility for | 10328 |
| each person involuntarily committed to the board pursuant to | 10329 |
| Chapter 5122. of the Revised Code and authorize payment for such | 10330 |
| treatment. The board shall provide the least restrictive and most | 10331 |
| appropriate alternative that is available for any person | 10332 |
| involuntarily committed to it and shall assure that the services | 10333 |
| listed in section 340.09 of the Revised Code are available to | 10334 |
| severely mentally disabled persons residing within its service | 10335 |
| district. The board shall establish the procedure for authorizing | 10336 |
| payment for services, which may include prior authorization in | 10337 |
| appropriate circumstances. The board may provide for services | 10338 |
| directly to a severely mentally disabled person when life or | 10339 |
| safety is endangered and when no community mental health agency is | 10340 |
| available to provide the service. | 10341 |
| (13) Establish a method for evaluating referrals for | 10342 |
| involuntary commitment and affidavits filed pursuant to section | 10343 |
| 5122.11 of the Revised Code in order to assist the probate | 10344 |
| division of the court of common pleas in determining whether there | 10345 |
| is probable cause that a respondent is subject to involuntary | 10346 |
| hospitalization and what alternative treatment is available and | 10347 |
| appropriate, if any; | 10348 |
| (14) Ensure that apartments or rooms built, subsidized, | 10349 |
| renovated, rented, owned, or leased by the board or a community | 10350 |
| mental health agency have been approved as meeting minimum fire | 10351 |
| safety standards and that persons residing in the rooms or | 10352 |
| apartments are receiving appropriate and necessary services, | 10353 |
| including culturally relevant services, from a community mental | 10354 |
| health agency. This division does not apply to residential | 10355 |
| facilities licensed pursuant to section 5119.22 of the Revised | 10356 |
| Code. | 10357 |
| (15) Establish a mechanism for involvement of consumer | 10358 |
| recommendation and advice on matters pertaining to mental health | 10359 |
| services in the alcohol, drug addiction, and mental health service | 10360 |
| district; | 10361 |
| (16) Perform the duties under section 3722.18 of the Revised | 10362 |
| Code required by rules adopted under section 5119.61 of the | 10363 |
| Revised Code regarding referrals by the board or mental health | 10364 |
| agencies under contract with the board of individuals with mental | 10365 |
| illness or severe mental disability to adult care facilities and | 10366 |
| effective arrangements for ongoing mental health services for the | 10367 |
| individuals. The board is accountable in the manner specified in | 10368 |
| the rules for ensuring that the ongoing mental health services are | 10369 |
| effectively arranged for the individuals. | 10370 |
| (B) The board shall establish such rules, operating | 10371 |
| procedures, standards, and bylaws, and perform such other duties | 10372 |
| as may be necessary or proper to carry out the purposes of this | 10373 |
| chapter. | 10374 |
| (C) A board of alcohol, drug addiction, and mental health | 10375 |
| services may receive by gift, grant, devise, or bequest any | 10376 |
| moneys, lands, or property for the benefit of the purposes for | 10377 |
| which the board is established, and may hold and apply it | 10378 |
| according to the terms of the gift, grant, or bequest. All money | 10379 |
| received, including accrued interest, by gift, grant, or bequest | 10380 |
| shall be deposited in the treasury of the county, the treasurer of | 10381 |
| which is custodian of the alcohol, drug addiction, and mental | 10382 |
| health services funds to the credit of the board and shall be | 10383 |
| available for use by the board for purposes stated by the donor or | 10384 |
| grantor. | 10385 |
| (D) No board member or employee of a board of alcohol, drug | 10386 |
| addiction, and mental health services shall be liable for injury | 10387 |
| or damages caused by any action or inaction taken within the scope | 10388 |
| of the board member's official duties or the employee's | 10389 |
| employment, whether or not such action or inaction is expressly | 10390 |
| authorized by this section, section 340.033, or any other section | 10391 |
| of the Revised Code, unless such action or inaction constitutes | 10392 |
| willful or wanton misconduct. Chapter 2744. of the Revised Code | 10393 |
| applies to any action or inaction by a board member or employee of | 10394 |
| a board taken within the scope of the board member's official | 10395 |
| duties or employee's employment. For the purposes of this | 10396 |
| division, the conduct of a board member or employee shall not be | 10397 |
| considered willful or wanton misconduct if the board member or | 10398 |
| employee acted in good faith and in a manner that the board member | 10399 |
| or employee reasonably believed was in or was not opposed to the | 10400 |
| best interests of the board and, with respect to any criminal | 10401 |
| action or proceeding, had no reasonable cause to believe the | 10402 |
| conduct was unlawful. | 10403 |
| (E) The meetings held by any committee established by a board | 10404 |
| of alcohol, drug addiction, and mental health services shall be | 10405 |
| considered to be meetings of a public body subject to section | 10406 |
| 121.22 of the Revised Code. | 10407 |
| Sec. 505.376. When any expenditure of a fire and ambulance | 10408 |
| district, other than for the compensation of district employees, | 10409 |
|
exceeds | 10410 |
| expenditure shall be in writing and made with the lowest and best | 10411 |
| bidder after advertising for not less than two nor more than four | 10412 |
| consecutive weeks in a newspaper of general circulation within the | 10413 |
| district. The bids shall be opened and shall be publicly read by | 10414 |
| the clerk of the district, or the clerk's designee, at the time, | 10415 |
| date, and place specified in the advertisement to bidders or the | 10416 |
| specifications. The time, date, and place of bid openings may be | 10417 |
| extended to a later date by the board of trustees of the district, | 10418 |
| provided that written or oral notice of the change shall be given | 10419 |
| to all persons who have received or requested specifications no | 10420 |
| later than ninety-six hours prior to the original time and date | 10421 |
| fixed for the opening. | 10422 |
| Each bid on any contract shall contain the full name of every | 10423 |
| person interested in the bid. If the bid is for a contract for the | 10424 |
| construction, demolition, alteration, repair, or reconstruction of | 10425 |
| an improvement, it shall meet the requirements of section 153.54 | 10426 |
| of the Revised Code. If the bid is for any other contract, it | 10427 |
| shall be accompanied by a sufficient bond or certified check, | 10428 |
| cashier's check, or money order on a solvent bank or savings and | 10429 |
| loan association that, if the bid is accepted, a contract will be | 10430 |
| entered into and the performance of it will be properly secured. | 10431 |
| If the bid for work embraces both labor and material, it shall be | 10432 |
| separately stated, with the price of the labor and the material. | 10433 |
| The board may reject any and all bids. The contract shall be | 10434 |
| between the district and the bidder, and the district shall pay | 10435 |
| the contract price in cash. When a bonus is offered for completion | 10436 |
| of a contract prior to a specified date, the board may exact a | 10437 |
| prorated penalty in like sum for each day of delay beyond the | 10438 |
| specified date. When there is reason to believe there is collusion | 10439 |
| or combination among bidders, the bids of those concerned shall | 10440 |
| be rejected. | 10441 |
| Sec. 517.08. The proceeds arising from the sale of cemetery | 10442 |
| lots under section 517.07 of the Revised Code shall be used in | 10443 |
| maintaining, improving, beautifying, and embellishing such | 10444 |
| grounds, except that upon unanimous consent of the board of | 10445 |
| township trustees, such proceeds may be used in the purchase or | 10446 |
| appropriation of additional land for cemetery purposes in | 10447 |
| accordance with sections 517.01 and 517.13 of the Revised Code; | 10448 |
| and the board of township trustees may build and maintain proper | 10449 |
| and secure fences around all such cemeteries, to be paid for from | 10450 |
| the township funds. | 10451 |
| Sec. 521.01. (A) As used in this chapter, "private sewage | 10452 |
| collection tile" means any tile, ditch, pipe, or other improvement | 10453 |
| installed by a private person to receive and convey sewage and | 10454 |
|
sewage effluent from at least five household sewage
| 10455 |
| disposal systems, as those systems are defined in rules adopted by | 10456 |
| the public health council under section
| 10457 |
| Revised Code. | 10458 |
| (B) A board of township trustees may maintain and repair | 10459 |
| private sewage collection tiles located within a township road | 10460 |
| right-of-way in the township, where the expenditure from the | 10461 |
| township general fund for materials to maintain and repair the | 10462 |
| tiles does not exceed two hundred dollars for any one project. No | 10463 |
| maintenance or repair shall be performed that is paid for from the | 10464 |
| township general fund under this division until the board adopts a | 10465 |
| resolution authorizing the maintenance or repair. If material | 10466 |
| costs would exceed two hundred dollars, the board may proceed | 10467 |
| under this chapter to maintain and repair the tiles by assessing | 10468 |
| the cost against property based on the special benefits the | 10469 |
| property receives from the project. | 10470 |
| Sec. 709.191. In lieu of making any of the payments required | 10471 |
| by section 709.19 of the Revised Code and for any proposed | 10472 |
| annexation which does not require payments under that section, the | 10473 |
| legislative authority of a municipal corporation which proposes to | 10474 |
| annex unincorporated territory of a township may enter into an | 10475 |
| agreement with the board of township trustees of the township in | 10476 |
| which the territory to be annexed is located, whereby the | 10477 |
| municipal corporation agrees to make an annual payment to the | 10478 |
| township to compensate for lost tax revenues. The agreement shall | 10479 |
| set forth the amount of the annual payment and the number of | 10480 |
| payments to be made. | 10481 |
| If a municipal corporation fails to make an annual payment | 10482 |
| pursuant to an agreement entered into under this section, the | 10483 |
| board of township trustees shall notify the county budget | 10484 |
| commission in writing of the amount owed by the municipal | 10485 |
| corporation to the township. The county budget commission shall | 10486 |
| reduce the amount apportioned to the municipal corporation from | 10487 |
|
the undivided local | 10488 |
| section 5747.51 or 5747.53 of the Revised Code by the amount of | 10489 |
| the payment due the township under the municipal-township | 10490 |
| agreement and shall increase, by an amount equal to this | 10491 |
| reduction, the amount apportioned to the township from the | 10492 |
| undivided local | 10493 |
| Sec. 711.05. (A) Upon the submission of a plat for approval, | 10494 |
| in accordance with section 711.041 of the Revised Code, the board | 10495 |
| of county commissioners shall certify on it the date of the | 10496 |
| submission. Within five days of submission of the plat, the board | 10497 |
| shall schedule a meeting to consider the plat and send a written | 10498 |
| notice by regular mail to the fiscal officer of the board of | 10499 |
| township trustees of the township in
which the plat is located | 10500 |
| 10501 | |
| 10502 | |
| 10503 | |
| location of any meeting at which the board of county commissioners | 10504 |
| will consider or act upon the proposed plat. The meeting shall | 10505 |
| take place within thirty days of submission of the plat, and no | 10506 |
| meeting shall be held until at least seven days have passed from | 10507 |
| the date the notice was sent by the board of county commissioners. | 10508 |
| The approval of the board required by section 711.041 of the | 10509 |
| Revised Code or the refusal to approve shall take place within | 10510 |
| thirty days from the date of submission or such further time as | 10511 |
| the applying party may agree to in writing; otherwise, the plat is | 10512 |
| deemed approved and may be recorded as if bearing such approval. | 10513 |
| (B) The board may adopt general rules governing plats and | 10514 |
| subdivisions of land falling within its jurisdiction, to secure | 10515 |
| and provide for the coordination of the streets within the | 10516 |
| subdivision with existing streets and roads or with existing | 10517 |
| county highways, for the proper amount of open spaces for traffic, | 10518 |
| circulation, and utilities, and for the avoidance of future | 10519 |
| congestion of population detrimental to the public health, safety, | 10520 |
| or welfare, but shall not impose a greater minimum lot area than | 10521 |
| forty-eight hundred square feet. Before the board may amend or | 10522 |
| adopt rules, it shall notify all the townships in the county of | 10523 |
| the proposed amendments or rules by regular mail at least thirty | 10524 |
| days before the public meeting at which the proposed amendments or | 10525 |
| rules are to be considered. | 10526 |
| The rules
may require the | 10527 |
| to review and comment on a plat before the board of county | 10528 |
| commissioners acts upon it and may also require proof of | 10529 |
| compliance with any applicable
zoning resolutions | 10530 |
| 10531 | |
| 10532 | |
| section 711.101 of the Revised Code the board of county | 10533 |
| commissioners has set up standards and specifications for the | 10534 |
| construction of streets, utilities, and other improvements for | 10535 |
| common use, the general rules may require the submission of | 10536 |
| appropriate plans and specifications for approval. The board shall | 10537 |
| not require the person submitting the plat to alter the plat or | 10538 |
| any part of it as a condition for approval, as long as the plat is | 10539 |
| in accordance with general rules governing plats and subdivisions | 10540 |
| of land, adopted by the board as provided in this section, in | 10541 |
| effect at the time the plat was submitted and the plat is in | 10542 |
| accordance with any standards and specifications set up under | 10543 |
| section 711.101 of the Revised Code, in effect at the time the | 10544 |
| plat was submitted. | 10545 |
| (C) The ground of refusal to approve any plat, submitted in | 10546 |
| accordance with section 711.041 of the Revised Code, shall be | 10547 |
| stated upon the record of the board, and, within sixty days | 10548 |
| thereafter, the person submitting any plat that the board refuses | 10549 |
| to approve may file a petition in the court of common pleas of the | 10550 |
| county in which the land described in the plat is situated to | 10551 |
| review the action of the board. A board of township trustees is | 10552 |
| not entitled to appeal a decision of the board of county | 10553 |
| commissioners under this section. | 10554 |
| Sec. 711.10. (A) Whenever a county planning commission or a | 10555 |
| regional planning commission adopts a plan for the major streets | 10556 |
| or highways of the county or region, no plat of a subdivision of | 10557 |
| land within the county or region, other than land within a | 10558 |
| municipal corporation or land within three miles of a city or one | 10559 |
| and one-half miles of a village as provided in section 711.09 of | 10560 |
| the Revised Code, shall be recorded until it is approved by the | 10561 |
| county or regional planning commission under division (C) of this | 10562 |
| section and the approval is endorsed in writing on the plat. | 10563 |
| (B) A county or regional planning commission may require the | 10564 |
| submission of a preliminary plan for each plat sought to be | 10565 |
| recorded. If the commission requires this submission, it shall | 10566 |
| provide for a review process for the preliminary plan. Under this | 10567 |
| review process, the planning commission shall give its approval, | 10568 |
| its approval with conditions, or its disapproval of each | 10569 |
| preliminary plan. The commission's decision shall be in writing, | 10570 |
| shall be under the signature of the secretary of the commission, | 10571 |
| and shall be issued within thirty-five business days after the | 10572 |
| submission of the preliminary plan to the commission. The | 10573 |
| disapproval of a preliminary plan shall state the reasons for the | 10574 |
| disapproval. A decision of the commission under this division is | 10575 |
| preliminary to and separate from the commission's decision to | 10576 |
| approve, conditionally approve, or refuse to approve a plat under | 10577 |
| division (C) of this section. | 10578 |
| (C) Within five calendar days after the submission of a plat | 10579 |
| for approval under this division, the county or regional planning | 10580 |
| commission shall schedule a meeting to consider the plat and send | 10581 |
| a notice by regular mail or by electronic mail to the fiscal | 10582 |
| officer of the board of township trustees of the township in which | 10583 |
| the plat is
located | 10584 |
| 10585 | |
| 10586 | |
| date, time, and location of any meeting at which the county or | 10587 |
| regional planning commission will consider or act upon the plat. | 10588 |
| The meeting shall take place within thirty calendar days after | 10589 |
| submission of the plat, and no meeting shall be held until at | 10590 |
| least seven calendar days have passed from the date the planning | 10591 |
| commission sent the notice. | 10592 |
| The approval of the county or regional planning commission, | 10593 |
| the commission's conditional approval as described in this | 10594 |
| division, or the refusal of the commission to approve shall be | 10595 |
| endorsed on the plat within thirty calendar days after the | 10596 |
| submission of the plat for approval under this division or within | 10597 |
| such further time as the applying party may agree to in writing; | 10598 |
| otherwise that plat is deemed approved, and the certificate of the | 10599 |
| commission as to the date of the submission of the plat for | 10600 |
| approval under this division and the failure to take action on it | 10601 |
| within that time shall be sufficient in lieu of the written | 10602 |
| endorsement or evidence of approval required by this division. | 10603 |
| A county or regional planning commission may grant | 10604 |
| conditional approval under this division to a plat by requiring a | 10605 |
| person submitting the plat to alter the plat or any part of it, | 10606 |
| within a specified period after the end of the thirty calendar | 10607 |
| days, as a condition for final approval under this division. Once | 10608 |
| all the conditions have been met within the specified period, the | 10609 |
| commission shall cause its final approval under this division to | 10610 |
| be endorsed on the plat. No plat shall be recorded until it is | 10611 |
| endorsed with the commission's final or unconditional approval | 10612 |
| under this division. | 10613 |
| The ground of refusal of approval of any plat submitted under | 10614 |
| this division, including citation of or reference to the rule | 10615 |
| violated by the plat, shall be stated upon the record of the | 10616 |
| county or regional planning commission. Within sixty calendar days | 10617 |
| after the refusal under this division, the person submitting any | 10618 |
| plat that the commission refuses to approve under this division | 10619 |
| may file a petition in the court of common pleas of the proper | 10620 |
| county, and the proceedings on the petition shall be governed by | 10621 |
| section 711.09 of the Revised Code as in the case of the refusal | 10622 |
| of a planning authority to approve a plat. A board of township | 10623 |
| trustees is not entitled to appeal a decision of the commission | 10624 |
| under this division. | 10625 |
| A county or regional planning commission shall adopt general | 10626 |
| rules, of uniform application, governing plats and subdivisions of | 10627 |
| land falling within its jurisdiction, to secure and provide for | 10628 |
| the proper arrangement of streets or other highways in relation to | 10629 |
| existing or planned streets or highways or to the county or | 10630 |
| regional plan, for adequate and convenient open spaces for | 10631 |
| traffic, utilities, access of firefighting apparatus, recreation, | 10632 |
| light, and air, and for the avoidance of congestion of population. | 10633 |
| The rules may provide for their modification by the commission in | 10634 |
| specific cases where unusual topographical and other exceptional | 10635 |
| conditions require the modification. The rules may require the | 10636 |
| 10637 | |
| before the commission acts upon it and also may require proof of | 10638 |
| compliance
with any applicable zoning resolutions | 10639 |
| 10640 | |
| 10641 |
| Before adoption of its rules or amendment of its rules, the | 10642 |
| commission shall hold a public hearing on the adoption or | 10643 |
| amendment. Notice of the public hearing shall be sent to all | 10644 |
| townships in the county or region by regular mail or electronic | 10645 |
| mail at least thirty business days before the hearing. No county | 10646 |
| or regional planning commission shall adopt any rules requiring | 10647 |
| actual construction of streets or other improvements or facilities | 10648 |
| or assurance of that construction as a condition precedent to the | 10649 |
| approval of a plat of a subdivision unless the requirements have | 10650 |
| first been adopted by the board of county commissioners after a | 10651 |
| public hearing. A copy of the rules shall be certified by the | 10652 |
| planning commission to the county recorders of the appropriate | 10653 |
| counties. | 10654 |
| After a county or regional street or highway plan has been | 10655 |
| adopted as provided in this section, the approval of plats and | 10656 |
| subdivisions provided for in this section shall be in lieu of any | 10657 |
| approvals provided for in other sections of the Revised Code, | 10658 |
| insofar as the territory within the approving jurisdiction of the | 10659 |
| county or regional planning commission, as provided in this | 10660 |
| section, is concerned. Approval of a plat shall not be an | 10661 |
| acceptance by the public of the dedication of any street, highway, | 10662 |
| or other way or open space shown upon the plat. | 10663 |
| No county or regional planning commission shall require a | 10664 |
| person submitting a plat to alter the plat or any part of it as | 10665 |
| long as the plat is in accordance with the general rules governing | 10666 |
| plats and subdivisions of land, adopted by the commission as | 10667 |
| provided in this section, in effect at the time the plat is | 10668 |
| submitted. | 10669 |
| A county or regional planning commission and a city or | 10670 |
| village planning commission, or platting commissioner or | 10671 |
| legislative authority of a village, with subdivision regulation | 10672 |
| jurisdiction over unincorporated territory within the county or | 10673 |
| region may cooperate and agree by written agreement that the | 10674 |
| approval of a plat by the city or village planning commission, or | 10675 |
| platting commissioner or legislative authority of a village, as | 10676 |
| provided in section 711.09 of the Revised Code, shall be | 10677 |
| conditioned upon receiving advice from or approval by the county | 10678 |
| or regional planning commission. | 10679 |
| (D) As used in this section, "business day" means a day of | 10680 |
| the week excluding Saturday, Sunday, or a legal holiday as defined | 10681 |
| in section 1.14 of the Revised Code. | 10682 |
| Sec. 711.131. (A) Notwithstanding sections 711.001 to 711.13 | 10683 |
| of the Revised Code and except as provided in division (C) of this | 10684 |
| section, unless the rules adopted under section 711.05, 711.09, or | 10685 |
| 711.10 of the Revised Code are amended pursuant to division (B) of | 10686 |
| this section, a proposed division of a parcel of land along an | 10687 |
| existing public street, not involving the opening, widening, or | 10688 |
| extension of any street or road, and involving no more than five | 10689 |
| lots after the original tract has been completely subdivided, may | 10690 |
| be submitted to the planning authority having approving | 10691 |
| jurisdiction of plats under section 711.05, 711.09, or 711.10 of | 10692 |
| the Revised Code for approval without plat. If the authority | 10693 |
| acting through a properly designated representative finds that a | 10694 |
| proposed division is not contrary to applicable platting, | 10695 |
| subdividing, zoning, health, sanitary, or access management | 10696 |
|
regulations | 10697 |
| section 307.37 of the Revised Code regarding existing surface or | 10698 |
| subsurface drainage, | 10699 |
| 10700 | |
| 10701 | |
| shall approve the proposed division within seven business days | 10702 |
| after its submission and, on presentation of a conveyance of the | 10703 |
| parcel, shall stamp the conveyance "approved by (planning | 10704 |
| authority); no plat required" and have it signed by its clerk, | 10705 |
| secretary, or other official as may be designated by it. The | 10706 |
| planning authority may require the submission of a sketch and | 10707 |
| other information that is pertinent to its determination under | 10708 |
| this division. | 10709 |
| (B)
For a period of up to two years after | 10710 |
| 10711 | |
| 711.05, 711.09, or 711.10 of the Revised Code may be amended | 10712 |
| within that period to authorize the planning authority involved to | 10713 |
| approve proposed divisions of parcels of land without plat under | 10714 |
| this division. If an authority so amends its rules, it may approve | 10715 |
| no more than five lots without a plat from an original tract as | 10716 |
| that original tract exists on the effective date of the amendment | 10717 |
| to the rules. The authority shall make the findings and approve a | 10718 |
| proposed division in the time and manner specified in division (A) | 10719 |
| of this section. | 10720 |
| (C) This section does not apply to parcels subject to section | 10721 |
| 711.133 of the Revised Code. | 10722 |
| (D)
As used in this section | 10723 |
| | 10724 |
| excluding Saturday, Sunday, or a legal holiday as defined in | 10725 |
| section 1.14 of the Revised Code. | 10726 |
| | 10727 |
| 10728 |
| Sec. 718.13. (A) Any information gained as a result of | 10729 |
| returns, investigations, hearings, or verifications required or | 10730 |
| authorized by this chapter or by a charter or ordinance of a | 10731 |
| municipal corporation levying an income tax pursuant to this | 10732 |
| chapter is confidential, and no person shall disclose such | 10733 |
| information except in accordance with a proper judicial order or | 10734 |
| in connection with the performance of that person's official | 10735 |
| duties or the official business of the municipal corporation as | 10736 |
| authorized by this chapter or the charter or ordinance authorizing | 10737 |
| the levy. The tax administrator of the municipal corporation may | 10738 |
| furnish copies of returns filed under this chapter to the internal | 10739 |
| revenue service and to the tax commissioner. | 10740 |
| (B) This section does not prohibit the legislative authority | 10741 |
| of a municipal corporation, by ordinance or resolution, from | 10742 |
| authorizing the tax administrator to publish statistics in a form | 10743 |
| that does not disclose information with respect to particular | 10744 |
| taxpayers. | 10745 |
| Sec. 742.301. Each employer shall promptly pay the amount | 10746 |
| due on the accrued liability on the dates fixed by the board of | 10747 |
| trustees of the Ohio police and fire pension fund. Upon | 10748 |
| certification by the board that payment of an employer's accrued | 10749 |
| liability has not been paid within thirty days following the date | 10750 |
| a payment is due, a penalty of five per cent of the amount due | 10751 |
| shall be assessed against such employer. If the payment and | 10752 |
| penalty have not been paid within ninety days following the date a | 10753 |
| payment is due, annual interest at six per cent shall be assessed | 10754 |
| against the payment and penalty from the date that the payment is | 10755 |
| due. | 10756 |
| Upon certification by the board to the superintendent of | 10757 |
| liquor control or the county auditor of an amount due from any | 10758 |
| employer who is subject to this chapter by reason of such | 10759 |
| employer's delinquency in making payments on the accrued | 10760 |
| liability, the amount due shall be withheld from the employer from | 10761 |
| liquor control permit fees to be distributed to that employer | 10762 |
| according to Chapter 4301. of the Revised Code or from the local | 10763 |
| 10764 | |
| employer by the county budget commission in accordance with | 10765 |
| Chapter 5739. of the Revised Code. Upon receipt of the | 10766 |
| certification from the board, the superintendent or county auditor | 10767 |
| shall provide for payment against such funds in favor of the Ohio | 10768 |
| police and fire pension fund for the certified amount due and any | 10769 |
| penalty and interest thereon. | 10770 |
| Sec. 901.261. The director of agriculture, in conducting | 10771 |
| investigations, inquiries, or hearings, may assess the party to an | 10772 |
| action that is brought before the department of agriculture | 10773 |
| pursuant to Chapter 119. of the Revised Code the actual costs | 10774 |
| incurred by the department for depositions, investigations, | 10775 |
| issuance and service of subpoenas, witness fees, employment of a | 10776 |
| stenographer and hearing officer, and the production of books, | 10777 |
| accounts, papers, records, documents, and testimony if the | 10778 |
| applicable hearing officer determines that the party to the action | 10779 |
| has failed to comply with any chapter of the Revised Code or any | 10780 |
| rule adopted under any of those chapters that is administered by | 10781 |
| the director or if the hearing officer determines that the action | 10782 |
| was frivolous conduct by the party. Assessment of costs under this | 10783 |
| section may be appealed to a court of competent jurisdiction. | 10784 |
| Sec. 991.08. The Ohio expositions commission shall use not | 10785 |
| less than thirty-five per cent of the revenue that it receives | 10786 |
| from lease payments and parking fees related to events held at the | 10787 |
| Columbus crew stadium, as it is named on the effective date of | 10788 |
| this section, for the purpose of improving and maintaining parking | 10789 |
| facilities that are utilized for events at the stadium. | 10790 |
| Sec. 1503.05. (A) The chief of the division of forestry may | 10791 |
| sell timber and other forest products from the state forest and | 10792 |
| state forest nurseries whenever the chief considers such a sale | 10793 |
| desirable and, with the approval of the attorney general and the | 10794 |
| director of natural resources, may sell portions of the state | 10795 |
| forest lands when such a sale is advantageous to the state. | 10796 |
| (B) Except as otherwise provided in this section, a timber | 10797 |
| sale agreement shall not be executed unless the person or | 10798 |
| governmental entity bidding on the sale executes and files a | 10799 |
| surety bond conditioned on completion of the timber sale in | 10800 |
| accordance with the terms of the agreement in an amount equal to | 10801 |
| twenty-five per cent of the highest value cutting section. All | 10802 |
| bonds shall be given in a form prescribed by the chief and shall | 10803 |
| run to the state as obligee. | 10804 |
| The chief shall not approve any bond until it is personally | 10805 |
| signed and acknowledged by both principal and surety, or as to | 10806 |
| either by the attorney in fact thereof, with a certified copy of | 10807 |
| the power of attorney attached. The chief shall not approve the | 10808 |
| bond unless there is attached a certificate of the superintendent | 10809 |
| of insurance that the company is authorized to transact a fidelity | 10810 |
| and surety business in this state. | 10811 |
| In lieu of a bond, the bidder may deposit any of the | 10812 |
| following: | 10813 |
| (1) Cash in an amount equal to the amount of the bond; | 10814 |
| (2) United States government securities having a par value | 10815 |
| equal to or greater than the amount of the bond; | 10816 |
| (3) Negotiable certificates of deposit or irrevocable letters | 10817 |
| of credit issued by any bank organized or transacting business in | 10818 |
| this state having a par value equal to or greater than the amount | 10819 |
| of the bond. | 10820 |
| The cash or securities shall be deposited on the same terms | 10821 |
| as bonds. If one or more certificates of deposit are deposited in | 10822 |
| lieu of a bond, the chief shall require the bank that issued any | 10823 |
| of the certificates to pledge securities of the aggregate market | 10824 |
| value equal to the amount of the certificate or certificates that | 10825 |
| is in excess of the amount insured by the federal deposit | 10826 |
| insurance corporation. The securities to be pledged shall be those | 10827 |
| designated as eligible under section 135.18 of the Revised Code. | 10828 |
| The securities shall be security for the repayment of the | 10829 |
| certificate or certificates of deposit. | 10830 |
| Immediately upon a deposit of cash, securities, certificates | 10831 |
| of deposit, or letters of credit, the chief shall deliver them to | 10832 |
| the treasurer of state, who shall hold them in trust for the | 10833 |
| purposes for which they have been deposited. The treasurer of | 10834 |
| state is responsible for the safekeeping of the deposits. A bidder | 10835 |
| making a deposit of cash, securities, certificates of deposit, or | 10836 |
| letters of credit may withdraw and receive from the treasurer of | 10837 |
| state, on the written order of the chief, all or any portion of | 10838 |
| the cash, securities, certificates of deposit, or letters of | 10839 |
| credit upon depositing with the treasurer of state cash, other | 10840 |
| United States government securities, or other negotiable | 10841 |
| certificates of deposit or irrevocable letters of credit issued by | 10842 |
| any bank organized or transacting business in this state, equal in | 10843 |
| par value to the par value of the cash, securities, certificates | 10844 |
| of deposit, or letters of credit withdrawn. | 10845 |
| A bidder may demand and receive from the treasurer of state | 10846 |
| all interest or other income from any such securities or | 10847 |
| certificates as it becomes due. If securities so deposited with | 10848 |
| and in the possession of the treasurer of state mature or are | 10849 |
| called for payment by their issuer, the treasurer of state, at the | 10850 |
| request of the bidder who deposited them, shall convert the | 10851 |
| proceeds of the redemption or payment of the securities into other | 10852 |
| United States government securities, negotiable certificates of | 10853 |
| deposit, or cash as the bidder designates. | 10854 |
| When the chief finds that a person or governmental agency has | 10855 |
| failed to comply with the conditions of the person's or | 10856 |
| governmental agency's bond, the chief shall make a finding of that | 10857 |
| fact and declare the bond, cash, securities, certificates, or | 10858 |
| letters of credit forfeited. The chief thereupon shall certify the | 10859 |
| total forfeiture to the attorney general, who shall proceed to | 10860 |
| collect the amount of the bond, cash, securities, certificates, or | 10861 |
| letters of credit. | 10862 |
| In lieu of total forfeiture, the surety, at its option, may | 10863 |
| cause the timber sale to be completed or pay to the treasurer of | 10864 |
| state the cost thereof. | 10865 |
| All moneys collected as a result of forfeitures of bonds, | 10866 |
| cash, securities, certificates, and letters of credit under this | 10867 |
| section shall be credited to the state forest fund created in this | 10868 |
| section. | 10869 |
| (C) The chief may grant easements and leases on portions of | 10870 |
| the state forest lands and state forest nurseries under terms that | 10871 |
| are advantageous to the state, and the chief may grant mineral | 10872 |
| rights on a royalty basis on those lands and nurseries, with the | 10873 |
| approval of the attorney general and the director. | 10874 |
| (D) All moneys received from the sale of state forest lands, | 10875 |
| or in payment for easements or leases on or as rents from those | 10876 |
| lands or from state forest nurseries, shall be paid into the state | 10877 |
| treasury to the credit of the state forest fund, which is hereby | 10878 |
| created. In addition, all moneys received from federal grants, | 10879 |
| payments, and reimbursements, from the sale of reforestation tree | 10880 |
| stock, from the sale of forest products, other than standing | 10881 |
| timber, and from the sale of minerals taken from the state forest | 10882 |
| lands and state forest nurseries, together with royalties from | 10883 |
| mineral rights, shall be paid into the state treasury to the | 10884 |
| credit of the state forest fund. Any other revenues derived from | 10885 |
| the operation of the state forests and related facilities or | 10886 |
| equipment also shall be paid into the state treasury to the credit | 10887 |
| of the state forest fund, as shall contributions received for the | 10888 |
| issuance of Smokey Bear license plates under section 4503.574 of | 10889 |
| the Revised Code and any other moneys required by law to be | 10890 |
| deposited in the fund. | 10891 |
| The state forest fund shall not be expended for any purpose | 10892 |
| other than the administration, operation, maintenance, | 10893 |
| development, or utilization of the state forests, forest | 10894 |
| nurseries, and forest programs, for facilities or equipment | 10895 |
| incident to them, or for the further purchase of lands for state | 10896 |
| forest or forest nursery purposes and, in the case of | 10897 |
| contributions received pursuant to section 4503.574 of the Revised | 10898 |
| Code, for fire prevention purposes. | 10899 |
| All moneys received from the sale of standing timber taken | 10900 |
| from state forest lands and state forest nurseries shall be | 10901 |
| deposited into the state treasury to the credit of the forestry | 10902 |
| holding account redistribution fund, which is hereby created. The | 10903 |
| moneys shall remain in the fund until they are redistributed in | 10904 |
| accordance with this division. | 10905 |
| The redistribution shall occur at least once each year. To | 10906 |
| begin the redistribution, the chief first shall determine the | 10907 |
| amount of all standing timber sold from state forest lands and | 10908 |
| state forest nurseries, together with the amount of the total sale | 10909 |
| proceeds, in each county, in each township within the county, and | 10910 |
| in each school district within the county. The chief next shall | 10911 |
| determine the amount of the direct costs that the division of | 10912 |
| forestry incurred in association with the sale of that standing | 10913 |
| timber. The amount of the direct costs shall be subtracted from | 10914 |
| the amount of the total sale proceeds and shall be transferred | 10915 |
| from the forestry holding account redistribution fund to the state | 10916 |
| forest fund. | 10917 |
| The remaining amount of the total sale proceeds equals the | 10918 |
| net value of the standing timber that was sold. The chief shall | 10919 |
| determine the net value of standing timber sold from state forest | 10920 |
| lands and state forest nurseries in each county, in each township | 10921 |
| within the county, and in each school district within the county | 10922 |
| and shall send to each county treasurer a copy of the | 10923 |
| determination at the time that moneys are paid to the county | 10924 |
| treasurer under this division. | 10925 |
| Twenty-five per cent of the net value of standing timber sold | 10926 |
| from state forest lands and state forest nurseries located in a | 10927 |
| county shall be transferred from the forestry holding account | 10928 |
| redistribution fund to the state forest fund. Ten per cent of that | 10929 |
| net value shall be transferred from the forestry holding account | 10930 |
| redistribution fund to the general revenue fund. The remaining | 10931 |
| sixty-five per cent of the net value shall be transferred from the | 10932 |
| forestry holding account redistribution fund and paid to the | 10933 |
| county treasurer for the use of the general fund of that county. | 10934 |
| The county auditor shall do all of the following: | 10935 |
| (1) Retain for the use of the general fund of the county | 10936 |
| one-fourth of the amount received by the county under division (D) | 10937 |
| of this section; | 10938 |
| (2) Pay into the general fund of any township located within | 10939 |
| the county and containing such lands and nurseries one-fourth of | 10940 |
| the amount received by the county from standing timber sold from | 10941 |
| lands and nurseries located in the township; | 10942 |
| (3) Request the board of education of any school district | 10943 |
| located within the county and containing such lands and nurseries | 10944 |
| to identify which fund or funds of the district should receive the | 10945 |
| moneys available to the school district under division (D)(3) of | 10946 |
| this section. After receiving notice from the board, the county | 10947 |
| auditor shall pay into the fund or funds so identified one-half of | 10948 |
| the amount received by the county from standing timber sold from | 10949 |
| lands and nurseries located in the school district, distributed | 10950 |
| proportionately as identified by the board. | 10951 |
| The division of forestry shall not supply logs, lumber, or | 10952 |
| other forest products or minerals, taken from the state forest | 10953 |
| lands or state forest nurseries, to any other agency or | 10954 |
| subdivision of the state unless payment is made therefor in the | 10955 |
| amount of the actual prevailing value thereof. This section is | 10956 |
| applicable to the moneys so received. | 10957 |
| Sec. 1504.02. (A) The division of real estate and land | 10958 |
| management shall do all of the following: | 10959 |
| (1) Except as otherwise provided in the Revised Code, | 10960 |
| coordinate and conduct all real estate functions for the | 10961 |
| department of natural resources, including at least acquisitions | 10962 |
| by purchase, lease, gift, devise, bequest, appropriation, or | 10963 |
| otherwise; grants through sales, leases, exchanges, easements, and | 10964 |
| licenses; inventories of land; and other related general | 10965 |
| management duties; | 10966 |
| (2) Assist the department and its divisions by providing | 10967 |
| department-wide planning, including at least master planning, | 10968 |
| comprehensive planning, capital improvements planning, and special | 10969 |
| purpose planning such as trails coordination and planning under | 10970 |
| section 1519.03 of the Revised Code; | 10971 |
| (3) | 10972 |
| 10973 | |
| 10974 | |
| 10975 | |
| 10976 | |
| 10977 | |
| 10978 | |
| 10979 | |
| 10980 | |
| 10981 |
| | 10982 |
| 10983 |
| | 10984 |
| with political subdivisions in administering federal recreation | 10985 |
| moneys under the "Land and Water Conservation Fund Act of 1965," | 10986 |
| 78 Stat. 897, 16 U.S.C.A. 4601-8, as amended; prepare and | 10987 |
| distribute the statewide comprehensive outdoor recreation plan; | 10988 |
| and administer the state recreational vehicle fund created in | 10989 |
| section 4519.11 of the Revised Code; | 10990 |
| | 10991 |
| the department as requested by the director, which shall include, | 10992 |
| but not be limited to, all of the following: | 10993 |
| (i) Assisting in the training and education of department | 10994 |
| resource managers, administrators, and other staff in the | 10995 |
| application and use of geographic information system technology; | 10996 |
| (ii) Providing technical support to the department in the | 10997 |
| design, preparation of data, and use of appropriate geographic | 10998 |
| information system applications in order to help solve resource | 10999 |
| related problems and to improve the effectiveness and efficiency | 11000 |
| of department delivered services; | 11001 |
| (iii) Creating, maintaining, and documenting spatial digital | 11002 |
| data bases for the division and for other divisions as assigned by | 11003 |
| the director. | 11004 |
| (b) Provide information to and otherwise assist government | 11005 |
| officials, planners, and resource managers in understanding land | 11006 |
| use planning and resource management; | 11007 |
| (c) Provide continuing assistance to local government | 11008 |
| officials and others in natural resource digital data base | 11009 |
| development and in applying and utilizing the geographic | 11010 |
| information system for land use planning, current agricultural use | 11011 |
| value assessment, development reviews, coastal management, and | 11012 |
| other resource management activities; | 11013 |
| (d) Coordinate and administer the remote sensing needs of the | 11014 |
| department, including the collection and analysis of aerial | 11015 |
| photography, satellite data, and other data pertaining to land, | 11016 |
| water, and other resources of the state; | 11017 |
| (e) Prepare and publish maps and digital data relating to the | 11018 |
| state's land use and land cover over time on a local, regional, | 11019 |
| and statewide basis; | 11020 |
| (f) Locate and distribute hard copy maps, digital data, | 11021 |
| aerial photography, and other resource data and information to | 11022 |
| government agencies and the public. | 11023 |
| | 11024 |
| functions, and responsibilities requested by the director. | 11025 |
| (B) The division may do any of the following: | 11026 |
| (1) Coordinate such environmental matters concerning the | 11027 |
| department and the state as are necessary to comply with the | 11028 |
| "National Environmental Policy Act of 1969," 83 Stat. 852, 42 | 11029 |
| U.S.C.A. 4321, as amended, the "Intergovernmental Cooperation Act | 11030 |
| of 1968," 82 Stat. 1098, 31 U.S.C.A. 6506, and the "Federal Water | 11031 |
| Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C.A. 1251, as | 11032 |
| amended, and regulations adopted under those acts; | 11033 |
| (2) With the approval of the director, coordinate and | 11034 |
| administer compensatory mitigation grant programs and other | 11035 |
| programs for streams and wetlands as approved in accordance with | 11036 |
| certifications and permits issued under sections 401 and 404 of | 11037 |
| the "Federal Water Pollution Control Act", 91 Stat. 1566(1977), 33 | 11038 |
| U.S.C.A. 1251, as amended, by the environmental protection agency | 11039 |
| and the United States army corps of engineers; | 11040 |
| (3) Administer any state or federally funded grant program | 11041 |
| that is related to natural resources and recreation as considered | 11042 |
| necessary by the director. | 11043 |
| Sec. 1506.01. As used in this chapter: | 11044 |
| (A) "Coastal area" means the waters of Lake Erie, the islands | 11045 |
| in the lake, and the lands under and adjacent to the lake, | 11046 |
| including transitional areas, wetlands, and beaches. The coastal | 11047 |
| area extends in Lake Erie to the international boundary line | 11048 |
| between the United States and Canada and landward only to the | 11049 |
| extent necessary to include shorelands, the uses of which have a | 11050 |
| direct and significant impact on coastal waters as determined by | 11051 |
| the director of natural resources. | 11052 |
| (B) "Coastal management program" means the comprehensive | 11053 |
| action of the state and its political subdivisions cooperatively | 11054 |
| to preserve, protect, develop, restore, or enhance the resources | 11055 |
| of the coastal area and to ensure wise use of the land and water | 11056 |
| resources of the coastal area, giving attention to natural, | 11057 |
| cultural, historic, and aesthetic values; agricultural, | 11058 |
| recreational, energy, and economic needs; and the national | 11059 |
| interest. "Coastal management program" includes the establishment | 11060 |
| of objectives, policies, standards, and criteria concerning, | 11061 |
| without limitation, protection of air, water, wildlife, rare and | 11062 |
| endangered species, wetlands and natural areas, and other natural | 11063 |
| resources in the coastal area; management of coastal development | 11064 |
| and redevelopment; preservation and restoration of historic, | 11065 |
| cultural, and aesthetic coastal features; and public access to the | 11066 |
| coastal area for recreation purposes. | 11067 |
| (C) "Coastal management program document" means a | 11068 |
| comprehensive statement consisting of, without limitation, text, | 11069 |
| maps, and illustrations that is adopted by the director in | 11070 |
| accordance with this chapter, describes the objectives, policies, | 11071 |
| standards, and criteria of the coastal management program for | 11072 |
| guiding public and private uses of lands and waters in the coastal | 11073 |
| area, lists the governmental agencies, including, without | 11074 |
| limitation, state agencies, involved in implementing the coastal | 11075 |
| management program, describes their applicable policies and | 11076 |
| programs, and cites the statutes and rules under which they may | 11077 |
| adopt and implement those policies and programs. | 11078 |
| (D) "Person" means any agency of this state, any political | 11079 |
| subdivision of this state or of the United States, and any legal | 11080 |
| entity defined as a person under section 1.59 of the Revised Code. | 11081 |
| (E) "Director" means the director of natural resources or the | 11082 |
| director's designee. | 11083 |
| (F) "Permanent structure" means any residential, commercial, | 11084 |
| industrial, institutional, or agricultural building, any mobile | 11085 |
| home as defined in division (O) of section 4501.01 of the Revised | 11086 |
| Code, any manufactured home as defined in division (C)(4) of | 11087 |
| section 3781.06 of the Revised Code, and any septic system that | 11088 |
| receives sewage from a single-family, two-family, or three-family | 11089 |
| dwelling, but does not include any recreational vehicle as defined | 11090 |
| in section 4501.01 of the Revised Code. | 11091 |
| (G) "State agency" or "agency of the state" has the same | 11092 |
| meaning as "agency" as defined in section 111.15 of the Revised | 11093 |
| Code. | 11094 |
| (H) "Coastal flood hazard area" means any territory within | 11095 |
| the coastal area that has been identified as a flood hazard area | 11096 |
| under the "Flood Disaster Protection Act of 1973," 87 Stat. 975, | 11097 |
| 42 U.S.C.A. 4002, as amended. | 11098 |
| (I) "Coastal erosion area" means any territory included in | 11099 |
| Lake Erie coastal erosion areas identified by the director under | 11100 |
| section 1506.06 of the Revised Code. | 11101 |
| (J) "Conservancy district" means a conservancy district that | 11102 |
| is established under Chapter 6101. of the Revised Code. | 11103 |
| (K) "Park board" means the board of park commissioners of a | 11104 |
| park district that is created under Chapter 1545. of the Revised | 11105 |
| Code. | 11106 |
| (L) "Erosion control structure" means a structure that is | 11107 |
| designed solely and specifically to reduce or control erosion of | 11108 |
| the shore along or near Lake Erie, including, without limitation, | 11109 |
| revetments, seawalls, bulkheads, certain breakwaters, and similar | 11110 |
| structures. | 11111 |
| (M) "Shore structure" includes, but is not limited to, | 11112 |
| beaches; groins; revetments; bulkheads; seawalls; breakwaters; | 11113 |
| certain dikes designated by the chief of the division of water; | 11114 |
| piers; docks; jetties; wharves; marinas; boat ramps; any | 11115 |
| associated fill or debris used as part of the construction of | 11116 |
| shore structures that may affect shore erosion, wave action, or | 11117 |
| inundation; and fill or debris that is placed along or near the | 11118 |
| shore, including bluffs, banks, or beach ridges, for the purpose | 11119 |
| of stabilizing slopes. | 11120 |
| | 11121 |
| 11122 | |
| state for the purpose of cooperating with the secretary of the | 11123 |
| army, acting through the chief of engineers of the United States | 11124 |
| army corps of engineers in the department of defense. The | 11125 |
| director shall cooperate with the secretary in carrying out, and | 11126 |
| may conduct, investigations and studies of conditions along the | 11127 |
| shorelines of Lake Erie and of the bays and projections therefrom, | 11128 |
| and of the islands therein, within the territorial waters of the | 11129 |
| state, with a view to devising and perfecting economical and | 11130 |
| effective methods and works for preventing, correcting, and | 11131 |
| controlling shore erosion and damage therefrom and controlling the | 11132 |
| inundation of improved property by the waters of Lake Erie, its | 11133 |
| bays, and associated inlets. | 11134 |
| | 11135 |
| 11136 | |
| director's duties under sections
| 11137 |
| 1506.48 of the
Revised Code, may call to
the | 11138 |
| assistance, temporarily, any engineers or other employees in any | 11139 |
| state department, or in the Ohio state university or other | 11140 |
| educational institutions financed wholly or in part by the state, | 11141 |
| for the purpose of devising the most effective and economical | 11142 |
| methods of controlling shore erosion and damage from it and | 11143 |
| controlling the inundation of improved property by the waters of | 11144 |
| Lake Erie and its bays and associated inlets. | 11145 |
| Such engineers and employees shall not receive any additional | 11146 |
| compensation over that which they receive from the departments or | 11147 |
| institutions by which they are employed, but they shall be | 11148 |
| reimbursed for their actual necessary expenses incurred while | 11149 |
|
working under the direction of the | 11150 |
| inundation projects. | 11151 |
| | 11152 |
| groin, or other structure to control erosion, wave action, or | 11153 |
| inundation along or near the Ohio shoreline of Lake Erie, | 11154 |
| including related islands, bays, and inlets, without first | 11155 |
| obtaining a
shore structure permit from
the | 11156 |
| director of | 11157 |
| The application for a | 11158 |
| detailed plans and specifications prepared by a professional | 11159 |
| engineer registered under Chapter 4733. of the Revised Code. An | 11160 |
| applicant shall provide appropriate evidence of compliance with | 11161 |
| any applicable provisions of this chapter and Chapters 1505. and | 11162 |
| 11163 | |
| director. A temporary shore structure permit may be issued by the | 11164 |
| 11165 | |
| is determined necessary to safeguard life, health, or property. | 11166 |
| Each application or reapplication for a permit under this | 11167 |
| section shall be
accompanied by a non-refundable fee as
the | 11168 |
| director shall prescribe by rule. | 11169 |
| If the application is approved,
the | 11170 |
| issue a permit to the applicant authorizing construction of the | 11171 |
| project. If requested in writing by the applicant within thirty | 11172 |
| days of issuance of a notice of disapproval of the application, | 11173 |
| the | 11174 |
| Chapter 119. of the Revised Code, except sections 119.12 and | 11175 |
| 119.121 of the Revised Code. After reviewing the record of the | 11176 |
| hearing, the | 11177 |
| the application, disapproving it, or approving it conditioned on | 11178 |
| the making of specified revisions in the plans and specifications. | 11179 |
| The | 11180 |
| which a construction permit issued under this section is valid and | 11181 |
| shall establish reapplication requirements governing a | 11182 |
| construction permit that expires before construction is completed. | 11183 |
| In accordance with Chapter 119. of the Revised Code, the | 11184 |
| 11185 | |
| as are necessary for the administration, implementation, and | 11186 |
| enforcement of this section. | 11187 |
| | 11188 |
| of permits and leases under section 1505.07 of the Revised Code | 11189 |
| for the removal of sand, gravel, stone, gas, oil, and other | 11190 |
| minerals and substances from and under the bed of Lake Erie and | 11191 |
| from applications for shore structure permits submitted under | 11192 |
| section
| 11193 |
| state treasury to the credit of the permit and lease fund, which | 11194 |
| is hereby created. Notwithstanding any section of the Revised Code | 11195 |
| relating to the distribution or crediting of fines for violations | 11196 |
| of the Revised Code, all fines imposed under division (A) of | 11197 |
| section 1505.99 of the Revised Code and under division (C) of | 11198 |
| section
| 11199 |
| that fund. The fund shall be administered by the department of | 11200 |
| natural resources for the protection of Lake Erie shores and | 11201 |
| waters; investigation and control of erosion; the planning, | 11202 |
| development, and construction of facilities for recreational use | 11203 |
| of Lake Erie; implementation of section | 11204 |
| Revised Code; preparation of the state shore erosion plan under | 11205 |
| section | 11206 |
| administration of Lake Erie coastal erosion areas under sections | 11207 |
| 1506.06 and 1506.07 of the Revised Code. | 11208 |
| | 11209 |
| director of | 11210 |
| section
| 11211 |
| agreements with counties, townships, municipal corporations, park | 11212 |
| boards, and conservancy districts, other political subdivisions, | 11213 |
| or any state departments or divisions for the purpose of | 11214 |
| constructing and maintaining projects to control erosion along the | 11215 |
| Ohio shoreline of Lake Erie and in any rivers and bays that are | 11216 |
| connected with Lake Erie and any other watercourses that flow into | 11217 |
| Lake Erie. Such projects also may be constructed on any Lake Erie | 11218 |
| island that is situated within the boundaries of the state. | 11219 |
| The cost of such shore erosion projects that are for the | 11220 |
| benefit of public littoral property shall be prorated on the basis | 11221 |
| of two-thirds of the total cost to the state through | 11222 |
|
appropriations made to the | 11223 |
| resources and one-third of the cost to the counties, townships, | 11224 |
| municipal corporations, park boards, conservancy districts, or | 11225 |
| other political subdivisions. | 11226 |
| If a shore erosion emergency is declared by the governor, the | 11227 |
| state, acting through the | 11228 |
| funds are available to alleviate shore erosion, without | 11229 |
| participation by any political subdivision, regardless of whether | 11230 |
| the project will benefit public or private littoral property. | 11231 |
| A board of county commissioners, acting for the county over | 11232 |
| which it has jurisdiction, may enter into and carry out agreements | 11233 |
| with the | 11234 |
| projects to control shore erosion. In providing the funds for the | 11235 |
| county's proportionate share of the cost of constructing and | 11236 |
| maintaining the projects referred to in this section, the board | 11237 |
| shall be governed by and may issue and refund bonds in accordance | 11238 |
| with Chapter 133. of the Revised Code. | 11239 |
| A municipal corporation or a township, acting through the | 11240 |
| legislative authority or the board of township trustees, may enter | 11241 |
| into and carry out agreements with the | 11242 |
| purpose of constructing and maintaining projects to control shore | 11243 |
| erosion. In providing the funds for the municipal corporation's or | 11244 |
| township's proportionate share of the cost of constructing and | 11245 |
| maintaining the projects referred to in this section, a municipal | 11246 |
| corporation or township may issue and refund bonds in accordance | 11247 |
| with Chapter 133. of the Revised Code. The contract shall be | 11248 |
| executed on behalf of the municipal corporation or township by the | 11249 |
| mayor, city manager, or other chief executive officer who has the | 11250 |
| authority to act for the municipal corporation or township. | 11251 |
| Conservancy districts may enter into and carry out agreements | 11252 |
| with the | 11253 |
| section, under the powers conferred upon conservancy districts | 11254 |
| under Chapter 6101. of the Revised Code. | 11255 |
| Park boards may enter into and carry out agreements with the | 11256 |
| 11257 | |
| issue bonds for that purpose under the powers conferred upon park | 11258 |
| districts under Chapter 1545. of the Revised Code. | 11259 |
| The | 11260 |
| that are to be constructed in accordance with this section. The | 11261 |
| 11262 | |
| project until all funds that are to be paid by the county, | 11263 |
| township, municipal corporation, park board, or conservancy | 11264 |
| district, in accordance with the terms of the agreement entered | 11265 |
| into between
the | 11266 |
| municipal corporation, park board, or conservancy district, are in | 11267 |
| the | 11268 |
| erosion fund, which is hereby created in the state treasury. If | 11269 |
| the | 11270 |
| state to construct projects as set forth in this section by the | 11271 |
| state itself, without the financial contribution of counties, | 11272 |
| townships, municipal corporations, park boards, or conservancy | 11273 |
| districts, the | 11274 |
| In deciding whether to assist a county or municipal | 11275 |
| corporation in constructing and maintaining a project under this | 11276 |
|
section, the state, acting through the | 11277 |
| consider, among other factors, whether the county or municipal | 11278 |
| corporation has adopted or is in the process of adopting a Lake | 11279 |
| Erie coastal erosion area resolution or ordinance under division | 11280 |
| (D) of section 1506.07 of the Revised Code. | 11281 |
| All projects constructed by the state in conformity with | 11282 |
|
sections | 11283 |
| shall be constructed subject to sections 153.01 to 153.20 of the | 11284 |
| Revised Code, except that the state architect and engineer is not | 11285 |
| required to prepare the plans and specifications for those | 11286 |
| projects. | 11287 |
| | 11288 |
| 11289 | |
| township, municipal corporation, conservancy district, or park | 11290 |
| board that has an agreement with the state in accordance with | 11291 |
| section | 11292 |
| of a shore erosion project. No contract shall be let until all | 11293 |
| money that is to be paid by the political subdivision entering | 11294 |
| into the agreement has been deposited in the shore erosion fund | 11295 |
| created in that section
| 11296 |
| 11297 | |
| 11298 |
| | 11299 |
| may use a loan obtained under division (C) of this section to | 11300 |
| provide financial assistance to any person who owns real property | 11301 |
| in a
coastal erosion area | 11302 |
| 11303 | |
| 1506.40 of the Revised Code to construct an erosion control | 11304 |
| structure in that coastal erosion area. The board shall enter into | 11305 |
| an agreement with the person that complies with all of the | 11306 |
| following requirements: | 11307 |
| (1) The agreement shall identify the person's real property | 11308 |
| for which the erosion control structure is being constructed and | 11309 |
| shall include a legal description of that property and a reference | 11310 |
| to the volume and page of the deed record in which the title of | 11311 |
| that person to that property is recorded. | 11312 |
| (2) In accordance with rules adopted by the Ohio water | 11313 |
| development authority under division (V) of section 6121.04 of the | 11314 |
| Revised Code for the purposes of division (C) of this section and | 11315 |
| pursuant to an agreement between the board and the authority under | 11316 |
| that division, the board shall agree to cause payments to be made | 11317 |
| by the authority to the contractor hired by the person to | 11318 |
| construct an erosion control structure in amounts not to exceed | 11319 |
| the total amount specified in the agreement between the board and | 11320 |
| the person. | 11321 |
| (3) The person shall agree to pay to the board, or to the | 11322 |
| authority as the assignee pursuant to division (C) of this | 11323 |
| section, the total amount of the payments plus administrative or | 11324 |
| other costs of the board or the authority at times, in | 11325 |
| installments, and bearing interest as specified in the agreement. | 11326 |
| The agreement may contain additional provisions that the | 11327 |
| board determines necessary to safeguard the interests of the | 11328 |
| county or to comply with an agreement entered into under division | 11329 |
| (C) of this section. | 11330 |
| (B) Upon entering into an agreement under division (A) of | 11331 |
| this section, the board shall do all of the following: | 11332 |
| (1) Cause the agreement to be recorded in the county deed | 11333 |
| records in the office of the county recorder of the county in | 11334 |
| which the real property is situated. Failure to record the | 11335 |
| agreement does not affect the validity of the agreement or the | 11336 |
| collection of any amounts due under the agreement. | 11337 |
| (2) Establish by resolution an erosion control repayment fund | 11338 |
| into which shall be deposited all amounts collected under division | 11339 |
| (B)(3) of this section. Moneys in that fund shall be used by the | 11340 |
| board for the repayment of the loan and for administrative or | 11341 |
| other costs of the board or the authority as specified in an | 11342 |
| agreement entered into under division (C) of this section. If the | 11343 |
| amount of money in the fund is inadequate to repay the loan when | 11344 |
| due, the board of county commissioners, by resolution, may advance | 11345 |
| money from any other fund in order to repay the loan if that use | 11346 |
| of the money from the other fund is not in conflict with law. If | 11347 |
| the board so advances money in order to repay the loan, the board | 11348 |
| subsequently shall reimburse each fund from which the board | 11349 |
| advances money with moneys from the erosion control repayment | 11350 |
| fund. | 11351 |
| (3) Bill and collect all amounts when due under the agreement | 11352 |
| entered into under division (A) of this section. The board shall | 11353 |
| certify amounts not paid when due to the county auditor, who shall | 11354 |
| enter the amounts on the real property tax list and duplicate | 11355 |
| against the property identified under division (A)(1) of this | 11356 |
| section. The amounts not paid when due shall be a lien on that | 11357 |
| property from the date on which the amounts are placed on the tax | 11358 |
| list and duplicate and shall be collected in the same manner as | 11359 |
| other taxes. | 11360 |
| (C) A board may apply to the authority for a loan for the | 11361 |
| purpose of entering into agreements under division (A) of this | 11362 |
| section. The loan shall be for an amount and on the terms | 11363 |
| established in an agreement between the board and the authority. | 11364 |
| The board may assign any agreements entered into under division | 11365 |
| (A) of this section to the authority in order to provide for the | 11366 |
| repayment of the loan and may pledge any lawfully available | 11367 |
| revenues to the repayment of the loan, provided that no moneys | 11368 |
| raised by taxation shall be obligated or pledged by the board for | 11369 |
| the repayment of the loan. Any agreement with the authority | 11370 |
| pursuant to this division is not subject to Chapter 133. of the | 11371 |
| Revised Code or any requirements or limitations established in | 11372 |
| that chapter. | 11373 |
| (D) The authority, as assignee of any agreement pursuant to | 11374 |
| division (C) of this section, may enforce and compel the board and | 11375 |
| the county auditor by mandamus pursuant to Chapter 2731. of the | 11376 |
| Revised Code to comply with division (B) of this section in a | 11377 |
| timely manner. | 11378 |
| (E) The construction of an erosion control structure by a | 11379 |
| contractor hired by an individual homeowner, group of individual | 11380 |
| homeowners, or homeowners association that enters into an | 11381 |
| agreement with a board under division (A) of this section is not a | 11382 |
| public improvement, as defined in section 4115.03 of the Revised | 11383 |
| Code, and is not subject to competitive bidding or public bond | 11384 |
| laws. | 11385 |
| | 11386 |
| municipal corporation, conservancy district, or park board that | 11387 |
| has entered into a contract under
section | 11388 |
| Revised Code, may acquire lands by gift or devise, purchase, or | 11389 |
| appropriation. In case of appropriation, the proceedings shall be | 11390 |
| instituted in the name of the state or the political subdivision | 11391 |
| and shall be conducted in the manner provided for the | 11392 |
| appropriation of private property by the state or the political | 11393 |
| subdivision insofar as those proceedings are applicable. Either | 11394 |
| the fee or any lesser interest may be acquired as the state or the | 11395 |
| political subdivision considers advisable. | 11396 |
| | 11397 |
| of | 11398 |
| 1506.38 to | 11399 |
| in conflict with certain powers and duties conferred upon and | 11400 |
| delegated to federal agencies and to municipal corporations under | 11401 |
| Section 7 of Article XVIII, Ohio Constitution, or as provided by | 11402 |
| sections 721.04 to 721.11 of the Revised Code. | 11403 |
| | 11404 |
| 11405 | |
| and divisions, including the division of geological survey, may | 11406 |
| prepare a plan for the management of shore erosion in the state | 11407 |
| along Lake Erie, its bays, and associated inlets, revise the plan | 11408 |
| whenever it can be made more effective, and make the plan | 11409 |
| available for public inspection. In the preparation of the plan, | 11410 |
| the | 11411 |
| available. | 11412 |
| The | 11413 |
| technical assistance on shore erosion control measures to | 11414 |
| municipal corporations, counties, townships, conservancy | 11415 |
| districts, park boards, and shoreline property owners. | 11416 |
| | 11417 |
| property damaged or destroyed by shore erosion, the county auditor | 11418 |
| of the county in which the real property is situated shall cause a | 11419 |
| reappraisal to be made and shall place the property on the tax | 11420 |
| list at its true value in money. | 11421 |
| Whenever the county auditor finds that ninety per cent or | 11422 |
| more of the area of any littoral parcel of land appearing upon the | 11423 |
| tax duplicate has been eroded and lies within the natural | 11424 |
| boundaries of Lake Erie and that the remainder of the parcel, if | 11425 |
| any, has no taxable value, the auditor may certify that finding to | 11426 |
| the county board of revision. Upon consideration thereof, the | 11427 |
| board may authorize removal of the parcel from the tax duplicate | 11428 |
| and cancellation of all current and delinquent taxes, assessments, | 11429 |
| interest, and penalties charged against the parcel. | 11430 |
| Sec. 1506.99. (A) Whoever violates division (A) of section | 11431 |
| 1506.09 of the Revised Code shall be fined not less than one | 11432 |
| hundred nor more than five hundred dollars for each offense. | 11433 |
| (B) Whoever violates division (K) of section 1506.32 of the | 11434 |
| Revised Code is guilty of a misdemeanor of the third degree. | 11435 |
| (C) Whoever violates sections 1506.38 to 1506.48 of the | 11436 |
| Revised Code shall be fined not less than one hundred dollars nor | 11437 |
| more than five hundred dollars for each offense. Each day of | 11438 |
| violation constitutes a separate offense. | 11439 |
| Sec. 1521.01. As used in sections 1521.01 to 1521.05 | 11440 |
| 1521.13 to 1521.18 | 11441 |
| (A) "Consumptive use," "diversion," "Lake Erie drainage | 11442 |
| basin," "other great lakes states and provinces," "water | 11443 |
| resources," and "waters of the state" have the same meanings as in | 11444 |
| section 1501.30 of the Revised Code. | 11445 |
| (B) "Well" means any excavation, regardless of design or | 11446 |
| method of construction, created for any of the following purposes: | 11447 |
| (1) Removing ground water from or recharging water into an | 11448 |
| aquifer, excluding subsurface drainage systems installed to | 11449 |
| enhance agricultural crop production or urban or suburban | 11450 |
| landscape management or to control seepage in dams, dikes, and | 11451 |
| levees; | 11452 |
| (2) Determining the quantity, quality, level, or movement of | 11453 |
| ground water in or the stratigraphy of an aquifer, excluding | 11454 |
| borings for instrumentation in dams, dikes, levees, or highway | 11455 |
| embankments; | 11456 |
| (3) Removing or exchanging heat from ground water, excluding | 11457 |
| horizontal trenches that are installed for water source heat pump | 11458 |
| systems. | 11459 |
| (C) "Aquifer" means a consolidated or unconsolidated geologic | 11460 |
| formation or series of formations that are hydraulically | 11461 |
| interconnected and that have the ability to receive, store, or | 11462 |
| transmit water. | 11463 |
| (D) "Ground water" means all water occurring in an aquifer. | 11464 |
| (E) "Ground water stress area" means a definable geographic | 11465 |
| area in which ground water quantity is being affected by human | 11466 |
| activity or natural forces to the extent that continuous | 11467 |
| availability of supply is jeopardized by withdrawals. | 11468 |
| (F) "Person" has the same meaning as in section 1.59 of the | 11469 |
| Revised Code and also includes the United States, the state, any | 11470 |
| political subdivision of the state, and any department, division, | 11471 |
| board, commission, agency, or instrumentality of the United | 11472 |
| States, the state, or a political subdivision of the state. | 11473 |
| (G) "State agency" or "agency of the state" has the same | 11474 |
| meaning as "agency" in section 111.15 of the Revised Code. | 11475 |
| (H) "Development" means any artificial change to improved or | 11476 |
| unimproved real estate, including the construction of buildings | 11477 |
| and other structures, any substantial improvement of a structure, | 11478 |
| mining, dredging, filling, grading, paving, excavating, and | 11479 |
| drilling operations, and storage of equipment or materials. | 11480 |
| (I) "Floodplain" means the area adjoining any river, stream, | 11481 |
| watercourse, or lake that has been or may be covered by flood | 11482 |
| water. | 11483 |
| (J) "Floodplain management" means the implementation of an | 11484 |
| overall program of corrective and preventive measures for reducing | 11485 |
| flood damage, including the collection and dissemination of flood | 11486 |
| information, construction of flood control works, nonstructural | 11487 |
| flood damage reduction techniques, and adoption of rules, | 11488 |
| ordinances, or resolutions governing development in floodplains. | 11489 |
| (K) "One-hundred-year flood" means a flood having a one per | 11490 |
| cent chance of being equaled or exceeded in any given year. | 11491 |
| (L) "One-hundred-year floodplain" means that portion of a | 11492 |
| floodplain inundated by a one-hundred-year flood. | 11493 |
| (M) "Structure" means a walled and roofed building, | 11494 |
| including, without limitation, gas or liquid storage tanks, mobile | 11495 |
| homes, and manufactured homes. | 11496 |
| (N) "Substantial improvement" means any reconstruction, | 11497 |
| rehabilitation, addition, or other improvement of a structure, the | 11498 |
| cost of which equals or exceeds fifty per cent of the market value | 11499 |
| of the structure before the start of construction of the | 11500 |
| improvement. "Substantial improvement" includes repairs to | 11501 |
| structures that have incurred substantial damage regardless of the | 11502 |
| actual repair work performed. "Substantial improvement" does not | 11503 |
| include either of the following: | 11504 |
| (1) Any project for the improvement of a structure to correct | 11505 |
| existing violations of state or local health, sanitary, or safety | 11506 |
| code specifications that have been identified by the state or | 11507 |
| local code enforcement official having jurisdiction and that are | 11508 |
| the minimum necessary to ensure safe living conditions; | 11509 |
| (2) Any alteration of an historic structure designated or | 11510 |
| listed pursuant to federal or state law, provided that the | 11511 |
| alteration will not preclude the structure's continued listing or | 11512 |
| designation as an historic structure. | 11513 |
| (O) | 11514 |
| 11515 | |
| 11516 | |
| 11517 | |
| 11518 | |
| 11519 | |
| 11520 | |
| 11521 | |
| 11522 |
| | 11523 |
| sustained by a structure if the cost of restoring the structure to | 11524 |
| its condition prior to the damage would equal or exceed fifty per | 11525 |
| cent of the market value of the structure before the damage | 11526 |
| occurred. | 11527 |
| | 11528 |
| flood insurance program established in the "National Flood | 11529 |
| Insurance Act of 1968," 82 Stat. 572, 42 U.S.C. 4001, as amended, | 11530 |
| and regulations adopted under it. | 11531 |
| | 11532 |
| established under Chapter 6101. of the Revised Code. | 11533 |
| | 11534 |
| 11535 |
| | 11536 |
| 11537 | |
| 11538 | |
| 11539 | |
| 11540 | |
| 11541 | |
| 11542 |
| Sec. 1521.99. (A) Whoever violates division (E)(1) of | 11543 |
| section 1521.05 or division (E)(1) of section 1521.16 of the | 11544 |
| Revised Code is guilty of a misdemeanor of the fourth degree. | 11545 |
| (B) Whoever violates section 1521.06 or 1521.062 of the | 11546 |
| Revised Code shall be fined not less than one hundred dollars nor | 11547 |
| more than one thousand dollars for each offense. Each day of | 11548 |
| violation constitutes a separate offense. | 11549 |
| | 11550 |
| 11551 | |
| 11552 | |
| 11553 |
| Sec. 1531.06. (A) The chief of the division of wildlife, | 11554 |
| with the approval of the director of natural resources, may | 11555 |
| acquire by gift, lease, purchase, or otherwise lands or surface | 11556 |
| rights upon lands and waters or surface rights upon waters for | 11557 |
| wild animals, fish or game management, preservation, propagation, | 11558 |
| and protection, outdoor and nature activities, public fishing and | 11559 |
| hunting grounds, and flora and fauna preservation. The chief, with | 11560 |
| the approval of the director, may receive by grant, devise, | 11561 |
| bequest, donation, or assignment evidences of indebtedness, the | 11562 |
| proceeds of which are to be used for the purchase of such lands or | 11563 |
| surface rights upon lands and waters or surface rights upon | 11564 |
| waters. | 11565 |
| (B)(1) The chief shall adopt rules for the protection of | 11566 |
| state-owned or leased lands and waters and property under the | 11567 |
| control of the division of wildlife against wrongful use or | 11568 |
| occupancy that will ensure the carrying out of the intent of this | 11569 |
| section, protect those lands, waters, and property from | 11570 |
| depredations, and preserve them from molestation, spoilation, | 11571 |
| destruction, or any improper use or occupancy thereof, including | 11572 |
| rules with respect to recreational activities and for the | 11573 |
| government and use of such lands, waters, and property. | 11574 |
| (2) The chief may adopt rules benefiting wild animals, fish | 11575 |
| or game management, preservation, propagation, and protection, | 11576 |
| outdoor and nature activities, public fishing and hunting grounds, | 11577 |
| and flora and fauna preservation, and regulating the taking and | 11578 |
| possession of wild animals on any lands or waters owned or leased | 11579 |
| or under the division's supervision and control and, for a | 11580 |
| specified period of years, may prohibit or recall the taking and | 11581 |
| possession of any wild animal on any portion of such lands or | 11582 |
| waters. The division clearly shall define and mark the boundaries | 11583 |
| of the lands and waters owned or leased or under its supervision | 11584 |
| and control upon which the taking of any wild animal is | 11585 |
| prohibited. | 11586 |
| (C) The chief, with the approval of the director, may acquire | 11587 |
| by gift, lease, or purchase land for the purpose of establishing | 11588 |
| state fish hatcheries and game farms and may erect on it buildings | 11589 |
| or structures that are necessary. | 11590 |
| The title to or lease of such lands and waters shall be taken | 11591 |
| by the chief in the name of the state. The lease or purchase price | 11592 |
| of all such lands and waters may be paid from hunting and trapping | 11593 |
| and fishing licenses and any other funds. | 11594 |
| (D) To provide more public recreation, stream and lake | 11595 |
| agreements for public fishing only may be obtained under rules | 11596 |
| adopted by the chief. | 11597 |
| (E) The chief, with the approval of the director, may | 11598 |
| establish user fees for the use of special public facilities or | 11599 |
| participation in special activities on lands and waters | 11600 |
| administered by the division. The special facilities and | 11601 |
| activities may include hunting or fishing on special designated | 11602 |
| public lands and waters intensively managed or stocked with | 11603 |
| artificially propagated game birds or fish, field trial | 11604 |
| facilities, wildlife nature centers, firearm ranges, boat mooring | 11605 |
| facilities, camping sites, and other similar special facilities | 11606 |
| and activities. The chief shall determine whether the user fees | 11607 |
| are refundable and shall ensure that that information is provided | 11608 |
| at the time the user fees are paid. | 11609 |
| (F) The chief, with the approval of the director, may enter | 11610 |
| into lease agreements for rental of concessions or other special | 11611 |
| projects situated on state-owned or leased lands or waters or | 11612 |
| other property under the division's control. The chief shall set | 11613 |
| and collect the fees for concession rentals or other special | 11614 |
| projects; regulate through contracts between the division and | 11615 |
| concessionaires the sale of tangible objects at concessions or | 11616 |
| other special projects; and keep a record of all such fee payments | 11617 |
| showing the amount received, from whom received, and for what | 11618 |
| purpose the fee was collected. | 11619 |
| (G) The chief may sell or donate conservation-related items | 11620 |
| or items that promote wildlife conservation, including, but not | 11621 |
| limited to, stamps, pins, badges, books, bulletins, maps, | 11622 |
| publications, calendars, and any other educational article or | 11623 |
| artifact pertaining to wild animals; sell confiscated or forfeited | 11624 |
| items; and sell surplus structures and equipment, and timber or | 11625 |
| crops from lands owned, administered, leased, or controlled by the | 11626 |
| division. The chief, with the approval of the director, also may | 11627 |
| engage in campaigns and special events that promote wildlife | 11628 |
| conservation by selling or donating wildlife-related materials, | 11629 |
| memberships, and other items of promotional value. | 11630 |
| (H) The chief may sell, lease, or transfer minerals or | 11631 |
| mineral rights, with the approval of the director, when the chief | 11632 |
| and the director determine it to be in the best interest of the | 11633 |
| state. Upon approval of the director, the chief may make, execute, | 11634 |
| and deliver contracts, including leases, to mine, drill, or | 11635 |
| excavate iron ore, stone, coal, petroleum, gas, salt, and other | 11636 |
| minerals upon and under lands owned by the state and administered | 11637 |
| by the division to any person who complies with the terms of such | 11638 |
| a contract. No such contract shall be valid for more than fifty | 11639 |
| years from its effective date. Consideration for minerals and | 11640 |
| mineral rights shall be by rental or royalty basis as prescribed | 11641 |
| by the chief and payable as prescribed by contract. Moneys | 11642 |
| collected under this division shall be paid into the state | 11643 |
| treasury to the credit of the wildlife habitat fund created in | 11644 |
| section 1531.33 of the Revised Code. Contracts entered into under | 11645 |
| this division also may provide for consideration for minerals or | 11646 |
| mineral rights in the form of acquisition of lands as provided | 11647 |
| under divisions (A) and (C) of this section. | 11648 |
| (I) All moneys received under divisions (E), (F), and (G) of | 11649 |
| this section shall be paid into the state treasury to the credit | 11650 |
| of a fund that shall be used for the purposes outlined in section | 11651 |
| 1533.15 of the Revised Code and for the management of other wild | 11652 |
| animals for their ecological and nonconsumptive recreational value | 11653 |
| or benefit. | 11654 |
| (J) The chief, with the approval of the director, may barter | 11655 |
| or sell wild animals to other states, state or federal agencies, | 11656 |
| and conservation or zoological organizations. Moneys received from | 11657 |
| the sale of wild animals shall be deposited into the wild animal | 11658 |
| fund created in section 1531.34 of the Revised Code. | 11659 |
| (K) The chief shall adopt rules establishing standards and | 11660 |
| guidelines for the administration of contraceptive chemicals to | 11661 |
| noncaptive wild animals. The rules may specify chemical delivery | 11662 |
| methods and devices and monitoring requirements. | 11663 |
| The chief shall establish criteria for the issuance of and | 11664 |
| shall issue permits for the administration of contraceptive | 11665 |
| chemicals to noncaptive wild animals. No person shall administer | 11666 |
| contraceptive chemicals to noncaptive wild animals without a | 11667 |
| permit issued by the chief. | 11668 |
| (L) All fees set by the chief under this section shall be | 11669 |
| approved by the wildlife council. | 11670 |
| (M) Information contained in the wildlife diversity database | 11671 |
| that is established pursuant to division (B)(2) of this section | 11672 |
| and section 1531.25 of the Revised Code may be made available to | 11673 |
| any individual or public or private agency for research, | 11674 |
| educational, environmental, land management, or other similar | 11675 |
| purposes that are not detrimental to the conservation of a species | 11676 |
| or feature. Information regarding sensitive site locations of | 11677 |
| species that are listed pursuant to section 1531.25 of the Revised | 11678 |
| Code and of features that are included in the wildlife diversity | 11679 |
| database is not subject to section 149.43 of the Revised Code if | 11680 |
| the chief determines that the release of the information could be | 11681 |
| detrimental to the conservation of a species or feature. | 11682 |
| Sec. 1531.35. The wildlife boater angler fund is hereby | 11683 |
| created in the state treasury. The fund shall consist of money | 11684 |
| credited to the fund pursuant to section 5735.051 of the Revised | 11685 |
| Code and other money contributed to the division of wildlife for | 11686 |
| the purposes of the fund. The fund shall be used for boating | 11687 |
| access construction, improvements, and maintenance, and to pay for | 11688 |
| equipment and personnel costs involved with those activities, on | 11689 |
| lakes on which the operation of gasoline-powered watercraft is | 11690 |
| permissible. However, not more than two hundred thousand dollars | 11691 |
| of the annual expenditures from the fund may be used to pay for | 11692 |
| the equipment and personnel costs. | 11693 |
| Sec. 1548.06. (A)(1) Application for a certificate of title | 11694 |
| for a watercraft or outboard motor shall be made upon a form | 11695 |
| prescribed by the chief of the division of watercraft and shall be | 11696 |
| sworn to before a notary public or other officer empowered to | 11697 |
| administer oaths. The application shall be filed with the clerk of | 11698 |
| any court of common pleas. An application for a certificate of | 11699 |
| title may be filed electronically by any electronic means approved | 11700 |
| by the chief in any county with the clerk of the court of common | 11701 |
| pleas of that county. The application shall be accompanied by the | 11702 |
| fee prescribed in section 1548.10 of the Revised Code. The fee | 11703 |
| shall be retained by the clerk who issues the certificate of title | 11704 |
| and shall be distributed in accordance with that section. If a | 11705 |
| clerk of a court of common pleas, other than the clerk of the | 11706 |
| court of common pleas of an applicant's county of residence, | 11707 |
| issues a certificate of title to the applicant, the clerk shall | 11708 |
| transmit data related to the transaction to the automated title | 11709 |
| processing system. | 11710 |
| (2) If a certificate of title previously has been issued for | 11711 |
| the watercraft or outboard motor, the application for a | 11712 |
| certificate of title also shall be accompanied by the certificate | 11713 |
| of title duly assigned unless otherwise provided in this chapter. | 11714 |
| If a certificate of title previously has not been issued for the | 11715 |
| watercraft or outboard motor in this state, the application, | 11716 |
| unless otherwise provided in this chapter, shall be accompanied by | 11717 |
| a manufacturer's or importer's certificate; by a sworn statement | 11718 |
| of ownership if the watercraft or outboard motor was purchased by | 11719 |
| the applicant on or before October 9, 1963, or if the watercraft | 11720 |
| is less than fourteen feet long with a permanently affixed | 11721 |
| mechanical means of propulsion and was purchased by the applicant | 11722 |
| on or before January 1, 2000; or by a certificate of title, bill | 11723 |
| of sale, or other evidence of ownership required by the law of | 11724 |
| another state from which the watercraft or outboard motor was | 11725 |
| brought into this state. Evidence of ownership of a watercraft or | 11726 |
| outboard motor for which an Ohio certificate of title previously | 11727 |
| has not been issued and which watercraft or outboard motor does | 11728 |
| not have permanently affixed to it a manufacturer's serial number | 11729 |
| shall be accompanied by the certificate of assignment of a hull | 11730 |
| identification number assigned by the chief as provided in section | 11731 |
| 1548.07 of the Revised Code. | 11732 |
| (3) The clerk shall retain the evidence of title presented by | 11733 |
| the applicant and on which the certificate of title is issued, | 11734 |
| except that, if an application for a certificate of title is filed | 11735 |
| electronically, by a vendor on behalf of a purchaser of a | 11736 |
| watercraft or outboard motor, the clerk shall retain the completed | 11737 |
| electronic record to which the vendor converted the certificate of | 11738 |
| title application and other required documents. The chief, after | 11739 |
| consultation with the attorney general, shall adopt rules that | 11740 |
| govern the location at which, and the manner in which, are stored | 11741 |
| the actual application and all other documents relating to the | 11742 |
| sale of a watercraft or outboard motor when a vendor files the | 11743 |
| application for a certificate of title electronically on behalf of | 11744 |
| a purchaser. | 11745 |
| (B) The clerk shall use reasonable diligence in ascertaining | 11746 |
| whether the facts in the application are true by checking the | 11747 |
| application and documents accompanying it or the electronic record | 11748 |
| to which a vendor converted the application and accompanying | 11749 |
| documents with the records of watercraft and outboard motors in | 11750 |
| the clerk's office. If the clerk is satisfied that the applicant | 11751 |
| is the owner of the watercraft or outboard motor and that the | 11752 |
| application is in the proper form, the clerk shall issue a | 11753 |
| physical certificate of title over the clerk's signature and | 11754 |
| sealed with the clerk's seal unless the applicant specifically | 11755 |
| requests the clerk not to issue a physical certificate of title | 11756 |
| and instead to issue an electronic certificate of title. However, | 11757 |
| if the evidence indicates and an investigation shows that one or | 11758 |
| more Ohio titles already exist for the watercraft or outboard | 11759 |
| motor, the chief may cause the redundant title or titles to be | 11760 |
| canceled. | 11761 |
| (C) In the case of the sale of a watercraft or outboard motor | 11762 |
| by a vendor to a general purchaser or user, the certificate of | 11763 |
| title shall be obtained in the name of the purchaser by the vendor | 11764 |
| upon application signed by the purchaser. In all other cases, the | 11765 |
| certificate shall be obtained by the purchaser. In all cases of | 11766 |
| transfer of watercraft or outboard motors, the application for | 11767 |
| certificate of title shall be filed within thirty days after the | 11768 |
| later of the date of purchase or assignment of ownership of the | 11769 |
| watercraft or outboard motor. If the application for certificate | 11770 |
| of title is not filed within thirty days after the later of the | 11771 |
| date of purchase or assignment of ownership of the watercraft or | 11772 |
| outboard motor, the clerk shall charge a late penalty fee of five | 11773 |
| dollars in addition to the fee prescribed by section 1548.10 of | 11774 |
| the Revised Code. The clerk shall retain the entire amount of each | 11775 |
| late penalty fee. | 11776 |
| (D) The clerk shall refuse to accept an application for | 11777 |
| certificate of title unless the applicant either tenders with the | 11778 |
| application payment of all taxes levied by or pursuant to Chapter | 11779 |
| 5739. or 5741. of the Revised Code based on the applicant's county | 11780 |
|
of residence | 11781 |
| 11782 | |
| 11783 |
| (1) A receipt issued by the tax commissioner or a clerk of | 11784 |
| courts showing payment of the tax; | 11785 |
| (2) A copy of the unit certificate of exemption completed by | 11786 |
| the purchaser at the time of sale as provided in section 5739.03 | 11787 |
| of the Revised Code; | 11788 |
| (3) An exemption certificate, in a form prescribed by the tax | 11789 |
| commissioner, that specifies why the purchase is not subject to | 11790 |
| the tax imposed by Chapter 5739. or 5741. of the Revised Code. | 11791 |
| Payment of the tax shall be in accordance with rules issued | 11792 |
| by the tax commissioner, and the clerk shall issue a receipt in | 11793 |
| the form prescribed by the tax commissioner to any applicant who | 11794 |
| tenders payment of the tax with the application for the | 11795 |
| certificate of title. | 11796 |
| (E)(1) For receiving and disbursing the taxes paid to the | 11797 |
| clerk by a resident of the clerk's county, the clerk may retain a | 11798 |
| poundage fee of one and one one-hundredth per cent of the taxes | 11799 |
| collected, which shall be paid into the certificate of title | 11800 |
| administration fund created by section 325.33 of the Revised Code. | 11801 |
| The clerk shall not retain a poundage fee from payments of taxes | 11802 |
| by persons who do not reside in the clerk's county. | 11803 |
| (2) A clerk, however, may retain from the taxes paid to the | 11804 |
| clerk an amount equal to the poundage fees associated with | 11805 |
| certificates of title issued by other clerks of courts of common | 11806 |
| pleas to applicants who reside in the first clerk's county. The | 11807 |
| chief of the division of watercraft, in consultation with the tax | 11808 |
| commissioner and the clerks of the courts of common pleas, shall | 11809 |
| develop a report from the automated title processing system that | 11810 |
| informs each clerk of the amount of the poundage fees that the | 11811 |
| clerk is permitted to retain from those taxes because of | 11812 |
| certificates of title issued by the clerks of other counties to | 11813 |
| applicants who reside in the first clerk's county. | 11814 |
| (F) In the case of casual sales of watercraft or outboard | 11815 |
| motors that are subject to the tax imposed by Chapter 5739. or | 11816 |
| 5741. of the Revised Code, the purchase price for the purpose of | 11817 |
| determining the tax shall be the purchase price on an affidavit | 11818 |
| executed and filed with the clerk by the vendor on a form to be | 11819 |
| prescribed by the chief, which shall be prima-facie evidence of | 11820 |
| the price for the determination of the tax. In addition to the | 11821 |
| information required by section 1548.08 of the Revised Code, each | 11822 |
| certificate of title shall contain in bold lettering the following | 11823 |
| notification and statements: "WARNING TO TRANSFEROR AND TRANSFEREE | 11824 |
| (SELLER AND BUYER). You are required by law to state the true | 11825 |
| selling price. A false statement is a violation of section 2921.13 | 11826 |
| of the Revised Code and is punishable by six months imprisonment | 11827 |
| or a fine of up to one thousand dollars, or both. All transfers | 11828 |
| are audited by the department of taxation. The seller and buyer | 11829 |
| must provide any information requested by the department of | 11830 |
| taxation. The buyer may be assessed any additional tax found to be | 11831 |
| due." | 11832 |
| (G) Each county clerk of courts shall forward to the | 11833 |
| treasurer of state all sales and use tax collections resulting | 11834 |
| from sales of titled watercraft and outboard motors during a | 11835 |
| calendar week on or before the Friday following the close of that | 11836 |
| week. If, on any Friday, the offices of the clerk of courts or the | 11837 |
| state are not open for business, the tax shall be forwarded to the | 11838 |
| treasurer of state on or before the next day on which the offices | 11839 |
| are open. Every remittance of tax under this division shall be | 11840 |
| accompanied by a remittance report in such form as the tax | 11841 |
| commissioner prescribes. Upon receipt of a tax remittance and | 11842 |
| remittance report, the treasurer of state shall date stamp the | 11843 |
| report and forward it to the tax commissioner. If the tax due for | 11844 |
| any week is not remitted by a clerk of courts as required under | 11845 |
| this division, the clerk shall forfeit the poundage fees for the | 11846 |
| sales made during that week. The treasurer of state may require | 11847 |
| the clerks of courts to transmit tax collections and remittance | 11848 |
| reports electronically. | 11849 |
| (H) For purposes of a transfer of a certificate of title, if | 11850 |
| the clerk is satisfied that a secured party has discharged a lien | 11851 |
| but has not canceled the lien notation with a clerk, the clerk may | 11852 |
| cancel the lien notation on the automated title processing system | 11853 |
| and notify the clerk of the county of origin. | 11854 |
| (I) Every clerk shall have the capability to transact by | 11855 |
| electronic means all procedures and transactions relating to the | 11856 |
| issuance of watercraft or outboard motor certificates of title | 11857 |
| that are described in the Revised Code as being accomplished by | 11858 |
| electronic means. | 11859 |
| Sec. 1555.08. (A) Subject to the limitations provided in | 11860 |
| Section 15 of Article VIII, Ohio Constitution, the commissioners | 11861 |
| of the sinking fund, upon certification by the director of the | 11862 |
| Ohio coal development office of the amount of moneys or additional | 11863 |
| moneys needed in the coal research and development fund for the | 11864 |
| purpose of making grants or loans for allowable costs, or needed | 11865 |
| for capitalized interest, for funding reserves, and for paying | 11866 |
| costs and expenses incurred in connection with the issuance, | 11867 |
| carrying, securing, paying, redeeming, or retirement of the | 11868 |
| obligations or any obligations refunded thereby, including payment | 11869 |
| of costs and expenses relating to letters of credit, lines of | 11870 |
| credit, insurance, put agreements, standby purchase agreements, | 11871 |
| indexing, marketing, remarketing and administrative arrangements, | 11872 |
| interest swap or hedging agreements, and any other credit | 11873 |
| enhancement, liquidity, remarketing, renewal, or refunding | 11874 |
| arrangements, all of which are authorized by this section, or | 11875 |
| providing moneys for loan guarantees, shall issue obligations of | 11876 |
| the state under this section in amounts authorized by the general | 11877 |
| assembly; provided that such obligations may be issued to the | 11878 |
| extent necessary to satisfy the covenants in contracts of | 11879 |
| guarantee made under section 1555.05 of the Revised Code to issue | 11880 |
| obligations to meet such guarantees, notwithstanding limitations | 11881 |
| otherwise applicable to the issuance of obligations under this | 11882 |
| section except the one-hundred-million-dollar limitation provided | 11883 |
| in Section 15 of Article VIII, Ohio Constitution. The proceeds of | 11884 |
| such obligations, except for the portion to be deposited in the | 11885 |
| coal research and development bond service fund as may be provided | 11886 |
| in the bond proceedings, shall as provided in the bond proceedings | 11887 |
| be deposited in the coal research and development fund. The | 11888 |
| commissioners of the sinking fund may appoint trustees, paying | 11889 |
| agents, and transfer agents and may retain the services of | 11890 |
| financial advisors, accounting experts, and attorneys, and retain | 11891 |
| or contract for the services of marketing, remarketing, indexing, | 11892 |
| and administrative agents, other consultants, and independent | 11893 |
| contractors, including printing services, as are necessary in | 11894 |
| their judgment to carry out this section. | 11895 |
| (B) The full faith and credit of the state of Ohio is hereby | 11896 |
| pledged to obligations issued under this section. The right of the | 11897 |
| holders and owners to payment of bond service charges is limited | 11898 |
| to all or that portion of the moneys pledged thereto pursuant to | 11899 |
| the bond proceedings in accordance with this section, and each | 11900 |
| such obligation shall bear on its face a statement to that effect. | 11901 |
| (C) Obligations shall be authorized by resolution of the | 11902 |
| commissioners of the sinking fund on request of the director of | 11903 |
| the Ohio coal development office as provided in section 1555.02 of | 11904 |
| the Revised Code and the bond proceedings shall provide for the | 11905 |
| purpose thereof and the principal amount or amounts, and shall | 11906 |
| provide for or authorize the manner or agency for determining the | 11907 |
| principal maturity or maturities, not exceeding forty years from | 11908 |
| the date of issuance, the interest rate or rates or the maximum | 11909 |
| interest rate, the date of the obligations and the dates of | 11910 |
| payment of interest thereon, their denomination, and the | 11911 |
| establishment within or without the state of a place or places of | 11912 |
| payment of bond service charges. Sections 9.98 to 9.983 of the | 11913 |
| Revised Code apply to obligations issued under this section. The | 11914 |
| purpose of such obligations may be stated in the bond proceedings | 11915 |
| in terms describing the general purpose or purposes to be served. | 11916 |
| The bond proceedings shall also provide, subject to the provisions | 11917 |
| of any other applicable bond proceedings, for the pledge of all, | 11918 |
| or such part as the commissioners of the sinking fund may | 11919 |
| determine, of the moneys credited to the coal research and | 11920 |
| development bond service fund to the payment of bond service | 11921 |
| charges, which pledges may be made either prior or subordinate to | 11922 |
| other expenses, claims, or payments and may be made to secure the | 11923 |
| obligations on a parity with obligations theretofore or thereafter | 11924 |
| issued, if and to the extent provided in the bond proceedings. The | 11925 |
| moneys so pledged and thereafter received by the state are | 11926 |
| immediately subject to the lien of such pledge without any | 11927 |
| physical delivery thereof or further act, and the lien of any such | 11928 |
| pledges is valid and binding against all parties having claims of | 11929 |
| any kind against the state or any governmental agency of the | 11930 |
| state, irrespective of whether such parties have notice thereof, | 11931 |
| and shall create a perfected security interest for all purposes of | 11932 |
| Chapter 1309. of the Revised Code, without the necessity for | 11933 |
| separation or delivery of funds or for the filing or recording of | 11934 |
| the bond proceedings by which such pledge is created or any | 11935 |
| certificate, statement or other document with respect thereto; and | 11936 |
| the pledge of such moneys is effective and the money therefrom and | 11937 |
| thereof may be applied to the purposes for which pledged without | 11938 |
| necessity for any act of appropriation. Every pledge, and every | 11939 |
| covenant and agreement made with respect thereto, made in the bond | 11940 |
| proceedings may therein be extended to the benefit of the owners | 11941 |
| and holders of obligations authorized by this section, and to any | 11942 |
| trustee therefor, for the further security of the payment of the | 11943 |
| bond service charges. | 11944 |
| (D) The bond proceedings may contain additional provisions as | 11945 |
| to: | 11946 |
| (1) The redemption of obligations prior to maturity at the | 11947 |
| option of the commissioners of the sinking fund at such price or | 11948 |
| prices and under such terms and conditions as are provided in the | 11949 |
| bond proceedings; | 11950 |
| (2) Other terms of the obligations; | 11951 |
| (3) Limitations on the issuance of additional obligations; | 11952 |
| (4) The terms of any trust agreement or indenture securing | 11953 |
| the obligations or under which the obligations may be issued; | 11954 |
| (5) The deposit, investment, and application of the coal | 11955 |
| research and development bond service fund, and the safeguarding | 11956 |
| of moneys on hand or on deposit, without regard to Chapter 131. or | 11957 |
| 135. of the Revised Code, but subject to any special provisions of | 11958 |
| this chapter, with respect to particular moneys; provided, that | 11959 |
| any bank or trust company which acts as depository of any moneys | 11960 |
| in the fund may furnish such indemnifying bonds or may pledge such | 11961 |
| securities as required by the commissioners of the sinking fund; | 11962 |
| (6) Any other provision of the bond proceedings being binding | 11963 |
| upon the commissioners of the sinking fund, or such other body or | 11964 |
| person as may from time to time have the authority under law to | 11965 |
| take such actions as may be necessary to perform all or any part | 11966 |
| of the duty required by such provision; | 11967 |
| (7) Any provision which may be made in a trust agreement or | 11968 |
| indenture; | 11969 |
| (8) Any other or additional agreements with the holders of | 11970 |
| the obligations, or the trustee therefor, relating to the | 11971 |
| obligations or the security therefor, including the assignment of | 11972 |
| mortgages or other security obtained or to be obtained for loans | 11973 |
| under this chapter. | 11974 |
| (E) The obligations may have the great seal of the state or a | 11975 |
| facsimile thereof affixed thereto or printed thereon. The | 11976 |
| obligations shall be signed by such members of the commissioners | 11977 |
| of the sinking fund as are designated in the resolution | 11978 |
| authorizing the obligations or bear the facsimile signatures of | 11979 |
| such members. Any coupons attached to the obligations shall bear | 11980 |
| the facsimile signature of the treasurer of state. Any obligations | 11981 |
| may be executed by the persons who, on the date of execution, are | 11982 |
| the commissioners although on the date of such bonds the persons | 11983 |
| were not the commissioners. Any coupons may be executed by the | 11984 |
| person who, on the date of execution, is the treasurer of state | 11985 |
| although on the date of such coupons the person was not the | 11986 |
| treasurer of state. In case any officer or commissioner whose | 11987 |
| signature or a facsimile of whose signature appears on any such | 11988 |
| obligations or any coupons ceases to be such officer or | 11989 |
| commissioner before delivery thereof, such signature or facsimile | 11990 |
| is nevertheless valid and sufficient for all purposes as if the | 11991 |
| individual had remained such officer or commissioner until such | 11992 |
| delivery; and in case the seal to be affixed to obligations has | 11993 |
| been changed after a facsimile of the seal has been imprinted on | 11994 |
| such obligations, such facsimile seal shall continue to be | 11995 |
| sufficient as to such obligations and obligations issued in | 11996 |
| substitution or exchange therefor. | 11997 |
| (F) All obligations except loan guarantees are negotiable | 11998 |
| instruments and securities under Chapter 1308. of the Revised | 11999 |
| Code, subject to the provisions of the bond proceedings as to | 12000 |
| registration. The obligations may be issued in coupon or in | 12001 |
| registered form, or both, as the commissioners of the sinking fund | 12002 |
| determine. Provision may be made for the registration of any | 12003 |
| obligations with coupons attached thereto as to principal alone or | 12004 |
| as to both principal and interest, their exchange for obligations | 12005 |
| so registered, and for the conversion or reconversion into | 12006 |
| obligations with coupons attached thereto of any obligations | 12007 |
| registered as to both principal and interest, and for reasonable | 12008 |
| charges for such registration, exchange, conversion, and | 12009 |
| reconversion. | 12010 |
| (G) Obligations may be sold at public sale or at private | 12011 |
| sale, as determined in the bond proceedings. | 12012 |
| (H) Pending preparation of definitive obligations, the | 12013 |
| commissioners of the sinking fund may issue interim receipts or | 12014 |
| certificates which shall be exchanged for such definitive | 12015 |
| obligations. | 12016 |
| (I) In the discretion of the commissioners of the sinking | 12017 |
| fund, obligations may be secured additionally by a trust agreement | 12018 |
| or indenture between the commissioners and a corporate trustee, | 12019 |
| which may be any trust company or bank having | 12020 |
| place of business within the state. Any such agreement or | 12021 |
| indenture may contain the resolution authorizing the issuance of | 12022 |
| the obligations, any provisions that may be contained in any bond | 12023 |
| proceedings, and other provisions that are customary or | 12024 |
| appropriate in an agreement or indenture of such type, including, | 12025 |
| but not limited to: | 12026 |
| (1) Maintenance of each pledge, trust agreement, indenture, | 12027 |
| or other instrument comprising part of the bond proceedings until | 12028 |
| the state has fully paid the bond service charges on the | 12029 |
| obligations secured thereby, or provision therefor has been made; | 12030 |
| (2) In the event of default in any payments required to be | 12031 |
| made by the bond proceedings, or any other agreement of the | 12032 |
| commissioners of the sinking fund made as a part of the contract | 12033 |
| under which the obligations were issued, enforcement of such | 12034 |
| payments or agreement by mandamus, the appointment of a receiver, | 12035 |
| suit in equity, action at law, or any combination of the | 12036 |
| foregoing; | 12037 |
| (3) The rights and remedies of the holders of obligations and | 12038 |
| of the trustee, and provisions for protecting and enforcing them, | 12039 |
| including limitations on rights of individual holders of | 12040 |
| obligations; | 12041 |
| (4) The replacement of any obligations that become mutilated | 12042 |
| or are destroyed, lost, or stolen; | 12043 |
| (5) Such other provisions as the trustee and the | 12044 |
| commissioners of the sinking fund agree upon, including | 12045 |
| limitations, conditions, or qualifications relating to any of the | 12046 |
| foregoing. | 12047 |
| (J) Any holder of obligations or a trustee under the bond | 12048 |
| proceedings, except to the extent that the holder's rights are | 12049 |
| restricted by the bond proceedings, may by any suitable form of | 12050 |
| legal proceedings protect and enforce any rights under the laws of | 12051 |
| this state or granted by such bond proceedings. Such rights | 12052 |
| include the right to compel the performance of all duties of the | 12053 |
| commissioners of the sinking fund, the Ohio air quality | 12054 |
| development authority, or the Ohio coal development office | 12055 |
| required by this chapter and Chapter 1551. of the Revised Code or | 12056 |
| the bond proceedings; to enjoin unlawful activities; and in the | 12057 |
| event of default with respect to the payment of any bond service | 12058 |
| charges on any obligations or in the performance of any covenant | 12059 |
| or agreement on the part of the commissioners, the authority, or | 12060 |
| the office in the bond proceedings, to apply to a court having | 12061 |
| jurisdiction of the cause to appoint a receiver to receive and | 12062 |
| administer the moneys pledged, other than those in the custody of | 12063 |
| the treasurer of state, that are pledged to the payment of the | 12064 |
| bond service charges on such obligations or that are the subject | 12065 |
| of the covenant or agreement, with full power to pay, and to | 12066 |
| provide for payment of bond service charges on, such obligations, | 12067 |
| and with such powers, subject to the direction of the court, as | 12068 |
| are accorded receivers in general equity cases, excluding any | 12069 |
| power to pledge additional revenues or receipts or other income or | 12070 |
| moneys of the commissioners of the sinking fund or the state or | 12071 |
| governmental agencies of the state to the payment of such | 12072 |
| principal and interest and excluding the power to take possession | 12073 |
| of, mortgage, or cause the sale or otherwise dispose of any | 12074 |
| project. | 12075 |
| Each duty of the commissioners of the sinking fund and their | 12076 |
| employees, and of each governmental agency and its officers, | 12077 |
| members, or employees, undertaken pursuant to the bond proceedings | 12078 |
| or any grant, loan, or loan guarantee agreement made under | 12079 |
| authority of this chapter, and in every agreement by or with the | 12080 |
| commissioners, is hereby established as a duty of the | 12081 |
| commissioners, and of each such officer, member, or employee | 12082 |
| having authority to perform such duty, specifically enjoined by | 12083 |
| the law resulting from an office, trust, or station within the | 12084 |
| meaning of section 2731.01 of the Revised Code. | 12085 |
| The persons who are at the time the commissioners of the | 12086 |
| sinking fund, or their employees, are not liable in their personal | 12087 |
| capacities on any obligations issued by the commissioners or any | 12088 |
| agreements of or with the commissioners. | 12089 |
| (K) Obligations issued under this section are lawful | 12090 |
| investments for banks, societies for savings, savings and loan | 12091 |
| associations, deposit guarantee associations, trust companies, | 12092 |
| trustees, fiduciaries, insurance companies, including domestic for | 12093 |
| life and domestic not for life, trustees or other officers having | 12094 |
| charge of sinking and bond retirement or other special funds of | 12095 |
| political subdivisions and taxing districts of this state, the | 12096 |
| commissioners of the sinking fund of the state, the administrator | 12097 |
| of workers' compensation, the state teachers retirement system, | 12098 |
| the public employees retirement system, the school employees | 12099 |
| retirement system, and the Ohio police and fire pension fund, | 12100 |
| notwithstanding any other provisions of the Revised Code or rules | 12101 |
| adopted pursuant thereto by any governmental agency of the state | 12102 |
| with respect to investments by them, and are also acceptable as | 12103 |
| security for the deposit of public moneys. | 12104 |
| (L) If the law or the instrument creating a trust pursuant to | 12105 |
| division (I) of this section expressly permits investment in | 12106 |
| direct obligations of the United States or an agency of the United | 12107 |
| States, unless expressly prohibited by the instrument, such moneys | 12108 |
| also may be invested in no-front-end-load money market mutual | 12109 |
| funds consisting exclusively of obligations of the United States | 12110 |
| or an agency of the United States and in repurchase agreements, | 12111 |
| including those issued by the fiduciary itself, secured by | 12112 |
| obligations of the United States or an agency of the United | 12113 |
| States; and in collective investment funds established in | 12114 |
| accordance with section 1111.14 of the Revised Code and consisting | 12115 |
| exclusively of any such securities, notwithstanding division | 12116 |
| (A)(1)(c) of that section. The income from such investments shall | 12117 |
| be credited to such funds as the commissioners of the sinking fund | 12118 |
| determine, and such investments may be sold at such times as the | 12119 |
| commissioners determine or authorize. | 12120 |
| (M) Provision may be made in the applicable bond proceedings | 12121 |
| for the establishment of separate accounts in the bond service | 12122 |
| fund and for the application of such accounts only to the | 12123 |
| specified bond service charges on obligations pertinent to such | 12124 |
| accounts and bond service fund and for other accounts therein | 12125 |
| within the general purposes of such fund. Moneys to the credit of | 12126 |
| the bond service fund shall be disbursed on the order of the | 12127 |
| treasurer of state; provided, that no such order is required for | 12128 |
| the payment from the bond service fund when due of bond service | 12129 |
| charges on obligations. | 12130 |
| (N) The commissioners of the sinking fund may pledge all, or | 12131 |
| such portion as they determine, of the receipts of the bond | 12132 |
| service fund to the payment of bond service charges on obligations | 12133 |
| issued under this section, and for the establishment and | 12134 |
| maintenance of any reserves, as provided in the bond proceedings, | 12135 |
| and make other provisions therein with respect to pledged receipts | 12136 |
| as authorized by this chapter, which provisions control | 12137 |
| notwithstanding any other provisions of law pertaining thereto. | 12138 |
| (O) The commissioners of the sinking fund may covenant in the | 12139 |
| bond proceedings, and any such covenants control notwithstanding | 12140 |
| any other provision of law, that the state and applicable officers | 12141 |
| and governmental agencies of the state, including the general | 12142 |
| assembly, so long as any obligations are outstanding, shall: | 12143 |
| (1) Maintain statutory authority for and cause to be levied | 12144 |
| and collected taxes so that the pledged receipts are sufficient in | 12145 |
| amount to meet bond service charges, and the establishment and | 12146 |
| maintenance of any reserves and other requirements provided for in | 12147 |
| the bond proceedings, and, as necessary, to meet covenants | 12148 |
| contained in any loan guarantees made under this chapter; | 12149 |
| (2) Take or permit no action, by statute or otherwise, that | 12150 |
| would impair the exemption from federal income taxation of the | 12151 |
| interest on the obligations. | 12152 |
| (P) All moneys received by or on account of the state and | 12153 |
| required by the applicable bond proceedings, consistent with this | 12154 |
| section, to be deposited, transferred, or credited to the coal | 12155 |
| research and development bond service fund, and all other moneys | 12156 |
| transferred or allocated to or received for the purposes of the | 12157 |
| fund, shall be credited to such fund and to any separate accounts | 12158 |
| therein, subject to applicable provisions of the bond proceedings, | 12159 |
| but without necessity for any act of appropriation. During the | 12160 |
| period beginning with the date of the first issuance of | 12161 |
| obligations and continuing during such time as any such | 12162 |
| obligations are outstanding, and so long as moneys in the bond | 12163 |
| service fund are insufficient to pay all bond service charges on | 12164 |
| such obligations becoming due in each year, a sufficient amount of | 12165 |
| moneys of the state are committed and shall be paid to the bond | 12166 |
| service fund in each year for the purpose of paying the bond | 12167 |
| service charges becoming due in that year without necessity for | 12168 |
| further act of appropriation for such purpose. The bond service | 12169 |
| fund is a trust fund and is hereby pledged to the payment of bond | 12170 |
| service charges to the extent provided in the applicable bond | 12171 |
| proceedings, and payment thereof from such fund shall be made or | 12172 |
| provided for by the treasurer of state in accordance with such | 12173 |
| bond proceedings without necessity for any act of appropriation. | 12174 |
| All investment earnings of the fund shall be credited to the fund. | 12175 |
| (Q) For purposes of establishing the limitations contained in | 12176 |
| Section 15 of Article VIII, Ohio Constitution, the "principal | 12177 |
| amount" refers to the aggregate of the offering price of the bonds | 12178 |
| or notes. "Principal amount" does not refer to the aggregate value | 12179 |
| at maturity or redemption of the bonds or notes. | 12180 |
| (R) This section applies only with respect to obligations | 12181 |
| issued and delivered prior to September 30, 2000. | 12182 |
| Sec. 1557.03. (A)(1) The commissioners of the sinking fund | 12183 |
| are authorized to issue and sell, as provided in this section and | 12184 |
| in amounts from time to time authorized by the general assembly, | 12185 |
| general obligations of this state for the purpose of financing or | 12186 |
| assisting in the financing of the costs of projects. The full | 12187 |
| faith and credit, revenues, and taxing power of the state are and | 12188 |
| shall be pledged to the timely payment of debt charges on | 12189 |
| outstanding obligations, all in accordance with Section 2l of | 12190 |
| Article VIII, Ohio Constitution, and Chapter 1557. of the Revised | 12191 |
| Code, excluding from that pledge fees, excises, or taxes relating | 12192 |
| to the registration, operation, or use of vehicles on the public | 12193 |
| highways, or to fuels used for propelling those vehicles, and so | 12194 |
| long as such obligations are outstanding there shall be levied and | 12195 |
| collected excises and taxes, excluding those excepted above, in | 12196 |
| amount sufficient to pay the debt charges on such obligations and | 12197 |
| financing costs relating to credit enhancement facilities. | 12198 |
| (2) For meetings of the commissioners of the sinking fund | 12199 |
| pertaining to the obligations under this chapter, each of the | 12200 |
| commissioners may designate an employee or officer of that | 12201 |
| commissioner's office to attend meetings when that commissioner is | 12202 |
| absent for any reason, and such designee, when present, shall be | 12203 |
| counted in determining whether a quorum is present at any meeting | 12204 |
| and may vote and participate in all proceedings and actions of the | 12205 |
| commissioners at that meeting pertaining to the obligations, | 12206 |
| provided, that such designee shall not execute or cause a | 12207 |
| facsimile of the designee's signature to be placed on any | 12208 |
| obligation, or execute any trust agreement or indenture of the | 12209 |
| commissioners. Such designation shall be in writing, executed by | 12210 |
| the designating member, and shall be filed with the secretary of | 12211 |
| the commissioners and such designation may be changed from time to | 12212 |
| time by a similar written designation. | 12213 |
| (B) The total principal amount of obligations outstanding at | 12214 |
| any one time shall not exceed two hundred million dollars, and not | 12215 |
| more than fifty million dollars in principal amount of obligations | 12216 |
| to pay costs of projects may be issued in any fiscal year, all | 12217 |
| determined as provided in Chapter 1557. of the Revised Code. | 12218 |
| (C) The state may participate by grants or contributions in | 12219 |
| financing projects under this section made by local government | 12220 |
| entities. Of the proceeds of the first two hundred million dollars | 12221 |
| principal amount in obligations issued under this section to pay | 12222 |
| costs of projects, at least twenty per cent shall be allocated in | 12223 |
| accordance with section 1557.06 of the Revised Code to grants or | 12224 |
| contributions to local government entities. The director of budget | 12225 |
| and management shall establish and maintain records in such manner | 12226 |
| as to show that the proceeds credited to the Ohio parks and | 12227 |
| natural resources fund have been expended for the purposes and in | 12228 |
| accordance with the limitations set forth herein. | 12229 |
| (D) Each issue of obligations shall be authorized by | 12230 |
| resolution of the commissioners of the sinking fund. The bond | 12231 |
| proceedings shall provide for the principal amount or maximum | 12232 |
| principal amount of obligations of an issue, and shall provide for | 12233 |
| or authorize the manner or agency for determining the principal | 12234 |
| maturity or maturities, not exceeding the earlier of twenty-five | 12235 |
| years from the date the debt represented by the particular | 12236 |
| obligations was originally contracted, the interest rate or rates, | 12237 |
| the date of and the dates of payment of interest on the | 12238 |
| obligations, their denominations, and the establishment within or | 12239 |
| without the state of a place or places of payment of debt charges. | 12240 |
| Sections 9.96 and 9.98 to 9.983 of the Revised Code are applicable | 12241 |
| to the obligations. The purpose of the obligations may be stated | 12242 |
| in the bond proceedings as "financing or assisting in the | 12243 |
| financing of projects as provided in Section 2l of Article VIII, | 12244 |
| Ohio Constitution." | 12245 |
| (E) The proceeds of the obligations, except for any portion | 12246 |
| to be deposited in special funds, or in escrow funds for the | 12247 |
| purpose of refunding outstanding obligations, all as may be | 12248 |
| provided in the bond proceedings, shall be deposited in the Ohio | 12249 |
| parks and natural resources fund established by section 1557.02 of | 12250 |
| the Revised Code. | 12251 |
| (F) The commissioners of the sinking fund may appoint paying | 12252 |
| agents, bond registrars, securities depositories, and transfer | 12253 |
| agents, and may retain the services of financial advisers and | 12254 |
| accounting experts, and retain or contract for the services of | 12255 |
| marketing, remarketing, indexing, and administrative agents, other | 12256 |
| consultants, and independent contractors, including printing | 12257 |
| services, as are necessary in the judgment of the commissioners to | 12258 |
| carry out this chapter of the Revised Code. Financing costs are | 12259 |
| payable, as provided in the bond proceedings, from the proceeds of | 12260 |
| the obligations, from special funds, or from other moneys | 12261 |
| available for the purpose. | 12262 |
| (G) The bond proceedings, including any trust agreement, may | 12263 |
| contain additional provisions customary or appropriate to the | 12264 |
| financing or to the obligations or to particular obligations, | 12265 |
| including, but not limited to: | 12266 |
| (1) The redemption of obligations prior to maturity at the | 12267 |
| option of the state or of the holder or upon the occurrence of | 12268 |
| certain conditions at such price or prices and under such terms | 12269 |
| and conditions as are provided in the bond proceedings; | 12270 |
| (2) The form of and other terms of the obligations; | 12271 |
| (3) The establishment, deposit, investment, and application | 12272 |
| of special funds, and the safeguarding of moneys on hand or on | 12273 |
| deposit, without regard to Chapter 131. or 135. of the Revised | 12274 |
| Code, provided that any bank or trust company that acts as a | 12275 |
| depository of any moneys in special funds may furnish such | 12276 |
| indemnifying bonds or may pledge such securities as required by | 12277 |
| the commissioners of the sinking fund; | 12278 |
| (4) Any or every provision of the bond proceedings binding | 12279 |
| upon the commissioners of the sinking fund and such state agency | 12280 |
| or local government entities, officer, board, commission, | 12281 |
| authority, agency, department, or other person or body as may from | 12282 |
| time to time have the authority under law to take such actions as | 12283 |
| may be necessary to perform all or any part of the duty required | 12284 |
| by such provision; | 12285 |
| (5) The maintenance of each pledge, any trust agreement, or | 12286 |
| other instrument composing part of the bond proceedings until the | 12287 |
| state has fully paid or provided for the payment of the debt | 12288 |
| charges on the obligations or met other stated conditions; | 12289 |
| (6) In the event of default in any payments required to be | 12290 |
| made by the bond proceedings, or any other agreement of the | 12291 |
| commissioners of the sinking fund made as part of a contract under | 12292 |
| which the obligations were issued or secured, the enforcement of | 12293 |
| such payments or agreements by mandamus, suit in equity, action at | 12294 |
| law, or any combination of the foregoing; | 12295 |
| (7) The rights and remedies of the holders of obligations and | 12296 |
| of the trustee under any trust agreement, and provisions for | 12297 |
| protecting and enforcing them, including limitations on rights of | 12298 |
| individual holders of obligations; | 12299 |
| (8) The replacement of any obligations that become mutilated | 12300 |
| or are destroyed, lost, or stolen; | 12301 |
| (9) Provision for the funding, refunding, or advance | 12302 |
| refunding or other provision for payment of obligations which will | 12303 |
| then no longer be or be deemed to be outstanding for purposes of | 12304 |
| this section or of the bond proceedings; | 12305 |
| (10) Any provision that may be made in bond proceedings or a | 12306 |
| trust agreement, including provision for amendment of the bond | 12307 |
| proceedings; | 12308 |
| (11) Such other provisions as the commissioners of the | 12309 |
| sinking fund determine, including limitations, conditions, or | 12310 |
| qualifications relating to any of the foregoing; | 12311 |
| (12) Any other or additional agreements with the holders of | 12312 |
| the obligations relating to the obligations or the security for | 12313 |
| the obligations. | 12314 |
| (H) The great seal of the state or a facsimile of that seal | 12315 |
| may be affixed to or printed on the obligations. The obligations | 12316 |
| shall be signed by or bear the facsimile signatures of two or more | 12317 |
| of the commissioners of the sinking fund as provided in the bond | 12318 |
| proceedings. Any obligations may be signed by the person who, on | 12319 |
| the date of execution, is the authorized signer although on the | 12320 |
| date of such obligations such person was not a commissioner. In | 12321 |
| case the individual whose signature or a facsimile of whose | 12322 |
| signature appears on any obligation ceases to be a commissioner | 12323 |
| before delivery of the obligation, such signature or facsimile is | 12324 |
| nevertheless valid and sufficient for all purposes as if the | 12325 |
| individual had remained the member until such delivery, and in | 12326 |
| case the seal to be affixed to or printed on obligations has been | 12327 |
| changed after the seal has been affixed to or a facsimile of the | 12328 |
| seal has been printed on the obligations, that seal or facsimile | 12329 |
| seal shall continue to be sufficient as to those obligations and | 12330 |
| obligations issued in substitution or exchange therefor. | 12331 |
| (I) Obligations may be issued in coupon or in fully | 12332 |
| registered form, or both, as the commissioners of the sinking fund | 12333 |
| determine. Provision may be made for the registration of any | 12334 |
| obligations with coupons attached as to principal alone or as to | 12335 |
| both principal and interest, their exchange for obligations so | 12336 |
| registered, and for the conversion or reconversion into | 12337 |
| obligations with coupons attached of any obligations registered as | 12338 |
| to both principal and interest, and for reasonable charges for | 12339 |
| such registration, exchange, conversion, and reconversion. Pending | 12340 |
| preparation of definitive obligations, the commissioners of the | 12341 |
| sinking fund may issue interim receipts or certificates which | 12342 |
| shall be exchanged for such definitive obligations. | 12343 |
| (J) Obligations may be sold at public sale or at private | 12344 |
| sale, and at such price at, above, or below par, as determined by | 12345 |
| the commissioners of the sinking fund in the bond proceedings. | 12346 |
| (K) In the discretion of the commissioners of the sinking | 12347 |
| fund, obligations may be secured additionally by a trust agreement | 12348 |
| between the state and a corporate trustee which may be any trust | 12349 |
| company or bank having | 12350 |
| the state. Any trust agreement may contain the resolution | 12351 |
| authorizing the issuance of the obligations, any provisions that | 12352 |
| may be contained in the bond proceedings, and other provisions | 12353 |
| that are customary or appropriate in an agreement of the type. | 12354 |
| (L) Except to the extent that their rights are restricted by | 12355 |
| the bond proceedings, any holder of obligations, or a trustee | 12356 |
| under the bond proceedings, may by any suitable form of legal | 12357 |
| proceedings protect and enforce any rights under the laws of this | 12358 |
| state or granted by the bond proceedings. Such rights include the | 12359 |
| right to compel the performance of all duties of the commissioners | 12360 |
| and the state. Each duty of the commissioners and employees of the | 12361 |
| commissioners, and of each state agency and local public entity | 12362 |
| and its officers, members, or employees, undertaken pursuant to | 12363 |
| the bond proceedings, is hereby established as a duty of the | 12364 |
| commissioners, and of each such agency, local government entity, | 12365 |
| officer, member, or employee having authority to perform such | 12366 |
| duty, specifically enjoined by the law and resulting from an | 12367 |
| office, trust, or station within the meaning of section 2731.01 of | 12368 |
| the Revised Code. The persons who are at the time the | 12369 |
| commissioners, or employees of the commissioners, are not liable | 12370 |
| in their personal capacities on any obligations or any agreements | 12371 |
| of or with the commissioners relating to obligations or under the | 12372 |
| bond proceedings. | 12373 |
| (M) Obligations are lawful investments for banks, societies | 12374 |
| for savings, savings and loan associations, deposit guarantee | 12375 |
| associations, trust companies, trustees, fiduciaries, insurance | 12376 |
| companies, including domestic for life and domestic not for life, | 12377 |
| trustees or other officers having charge of sinking and bond | 12378 |
| retirement or other special funds of political subdivisions and | 12379 |
| taxing districts of this state, the commissioners of the sinking | 12380 |
| fund, the administrator of workers' compensation, the state | 12381 |
| teachers retirement system, the public employees retirement | 12382 |
| system, the school employees retirement system, and the Ohio | 12383 |
| police and fire pension fund, notwithstanding any other provisions | 12384 |
| of the Revised Code or rules adopted pursuant thereto by any state | 12385 |
| agency with respect to investments by them, and are also | 12386 |
| acceptable as security for the deposit of public moneys. | 12387 |
| (N) Unless otherwise provided in any applicable bond | 12388 |
| proceedings, moneys to the credit of or in the special funds | 12389 |
| established by or pursuant to this section may be invested by or | 12390 |
| on behalf of the commissioners of the sinking fund only in notes, | 12391 |
| bonds, or other direct obligations of the United States or of any | 12392 |
| agency or instrumentality of the United States, in obligations of | 12393 |
| this state or any political subdivision of this state, in | 12394 |
| certificates of deposit of any national bank located in this state | 12395 |
| and any bank, as defined in section 1101.01 of the Revised Code, | 12396 |
| subject to inspection by the superintendent of financial | 12397 |
| institutions, in the Ohio subdivision's fund established pursuant | 12398 |
| to section 135.45 of the Revised Code, in no-front-end-load money | 12399 |
| market mutual funds consisting exclusively of direct obligations | 12400 |
| of the United States or of an agency or instrumentality of the | 12401 |
| United States, and in repurchase agreements, including those | 12402 |
| issued by any fiduciary, secured by direct obligations of the | 12403 |
| United States or an agency or instrumentality of the United | 12404 |
| States, and in collective investment funds established in | 12405 |
| accordance with section 1111.14 of the Revised Code and consisting | 12406 |
| exclusively of direct obligations of the United States or of an | 12407 |
| agency or instrumentality of the United States, notwithstanding | 12408 |
| division (A)(1)(c) of that section. The income from investments | 12409 |
| shall be credited to such special funds or otherwise as the | 12410 |
| commissioners of the sinking fund determine in the bond | 12411 |
| proceedings, and the investments may be sold or exchanged at such | 12412 |
| times as the commissioners determine or authorize. | 12413 |
| (O) Unless otherwise provided in any applicable bond | 12414 |
| proceedings, moneys to the credit of or in a special fund shall be | 12415 |
| disbursed on the order of the commissioners of the sinking fund, | 12416 |
| provided that no such order is required for the payment from the | 12417 |
| bond service fund or other special fund when due of debt charges | 12418 |
| or required payments under credit enhancement facilities. | 12419 |
| (P) The commissioners of the sinking fund may covenant in the | 12420 |
| bond proceedings, and any such covenants shall be controlling | 12421 |
| notwithstanding any other provision of law, that the state and the | 12422 |
| applicable officers and agencies of the state, including the | 12423 |
| general assembly, so long as any obligations are outstanding in | 12424 |
| accordance with their terms, shall maintain statutory authority | 12425 |
| for and cause to be charged and collected taxes, excises, and | 12426 |
| other receipts of the state so that the receipts to the bond | 12427 |
| service fund shall be sufficient in amounts to meet debt charges | 12428 |
| and for the establishment and maintenance of any reserves and | 12429 |
| other requirements, including payment of the costs of credit | 12430 |
| enhancement facilities, provided for in the bond proceedings. | 12431 |
| (Q) The obligations, the transfer thereof, and the interest, | 12432 |
| other accreted amounts, and other income therefrom, including any | 12433 |
| profit made on the sale thereof, at all times shall be free from | 12434 |
| taxation, direct or indirect, within the state. | 12435 |
| (R) This section applies only with respect to obligations | 12436 |
| issued and delivered before September 30, 2000. | 12437 |
| Sec. 1713.031. The Ohio board of regents shall review an | 12438 |
| application for a certificate of authorization from a school | 12439 |
| described in division (E) of section 3332.01 of the Revised Code | 12440 |
| within twenty-two weeks. | 12441 |
| Sec. 1901.34. (A) Except as provided in divisions (B) and | 12442 |
| (D) of this section, the village solicitor, city director of law, | 12443 |
| or similar chief legal officer for each municipal corporation | 12444 |
| within the territory of a municipal court shall prosecute all | 12445 |
| cases brought before the municipal court for criminal offenses | 12446 |
| occurring within the municipal corporation for which that person | 12447 |
| is the solicitor, director of law, or similar chief legal officer. | 12448 |
| Except as provided in division (B) of this section, the village | 12449 |
| solicitor, city director of law, or similar chief legal officer of | 12450 |
| the municipal corporation in which a municipal court is located | 12451 |
| shall prosecute all criminal cases brought before the court | 12452 |
| arising in the unincorporated areas within the territory of the | 12453 |
| municipal court. | 12454 |
| (B) The Auglaize county, Brown county, Clermont county, | 12455 |
| Hocking county, Holmes county, Jackson county, Morrow county, | 12456 |
| Ottawa county, and Portage county prosecuting attorneys shall | 12457 |
| prosecute in municipal court all violations of state law arising | 12458 |
| in their respective counties. The Carroll county, Crawford county, | 12459 |
| Hamilton county, Madison county, and Wayne county prosecuting | 12460 |
| attorneys and beginning January 1, 2008, the Erie county | 12461 |
| prosecuting attorney shall prosecute all violations of state law | 12462 |
| arising within the unincorporated areas of their respective | 12463 |
| counties. The Columbiana county prosecuting attorney shall | 12464 |
| prosecute in the Columbiana county municipal court all violations | 12465 |
| of state law arising in the county, except for violations arising | 12466 |
| in the municipal corporation of East Liverpool, Liverpool | 12467 |
| township, or St. Clair township. The Darke county prosecuting | 12468 |
| attorney shall prosecute in the Darke county municipal court all | 12469 |
| violations of state law arising in the county, except for | 12470 |
| violations of state law arising in the municipal corporation of | 12471 |
| Greenville and violations of state law arising in the village of | 12472 |
| Versailles. The Greene county | 12473 |
| 12474 | |
| 12475 | |
| prosecution of all violations of state law arising within the | 12476 |
| 12477 | |
| 12478 | |
| 12479 | |
| 12480 | |
| 12481 | |
| territorial jurisdiction of any municipal court located in Greene | 12482 |
| county. | 12483 |
| The prosecuting attorney of any county given the duty of | 12484 |
| prosecuting in municipal court violations of state law shall | 12485 |
| receive no additional compensation for assuming these additional | 12486 |
| duties, except that the prosecuting attorney of Hamilton, Portage, | 12487 |
| and Wayne counties shall receive compensation at the rate of four | 12488 |
| thousand eight hundred dollars per year, and the prosecuting | 12489 |
| attorney of Auglaize county shall receive compensation at the rate | 12490 |
| of one thousand eight hundred dollars per year, each payable from | 12491 |
| the county treasury of the respective counties in semimonthly | 12492 |
| installments. | 12493 |
| (C) The village solicitor, city director of law, or similar | 12494 |
| chief legal officer shall perform the same duties, insofar as they | 12495 |
| are applicable to the village solicitor, city director of law, or | 12496 |
| similar chief legal officer, as are required of the prosecuting | 12497 |
| attorney of the county. The village solicitor, city director of | 12498 |
| law, similar chief legal officer or any assistants who may be | 12499 |
| appointed shall receive for such services additional compensation | 12500 |
| to be paid from the treasury of the county as the board of county | 12501 |
| commissioners prescribes. | 12502 |
| (D) | 12503 |
| prosecuting attorney of any county, other than Auglaize, Brown, | 12504 |
| Clermont, Hocking, Holmes, Jackson, Morrow, Ottawa, or Portage | 12505 |
| county, may enter into an agreement with any municipal corporation | 12506 |
| in the county in which the prosecuting attorney serves pursuant to | 12507 |
| which the prosecuting attorney prosecutes all criminal cases | 12508 |
| brought before the municipal court that has territorial | 12509 |
| jurisdiction over that municipal corporation for criminal offenses | 12510 |
| occurring within the municipal corporation. The prosecuting | 12511 |
| attorney of Auglaize, Brown, Clermont, Hocking, Holmes, Jackson, | 12512 |
| Morrow, Ottawa, or Portage county may enter into an agreement with | 12513 |
| any municipal corporation in the county in which the prosecuting | 12514 |
| attorney serves pursuant to which the respective prosecuting | 12515 |
| attorney prosecutes all cases brought before the Auglaize county, | 12516 |
| Brown county, Clermont county, Hocking county, Holmes county, | 12517 |
| Jackson county, Morrow county, Ottawa county, or Portage county | 12518 |
| municipal court for violations of the ordinances of the municipal | 12519 |
| corporation or for criminal offenses other than violations of | 12520 |
| state law occurring within the municipal corporation. For | 12521 |
| prosecuting these cases, the prosecuting attorney and the | 12522 |
| municipal corporation may agree upon a fee to be paid by the | 12523 |
| municipal corporation, which fee shall be paid into the county | 12524 |
| treasury, to be used to cover expenses of the office of the | 12525 |
| prosecuting attorney. | 12526 |
| (2) Any agreement entered into by the Greene county | 12527 |
| prosecuting attorney under division (D)(1) of this section is | 12528 |
| subject to the authority under division (B) of this section of the | 12529 |
| Greene county board of county commissioners to provide for the | 12530 |
| prosecution of violations of state law in municipal courts located | 12531 |
| in Greene county. | 12532 |
| Sec. 2151.362. (A)(1) In the manner prescribed by division | 12533 |
| (C)(1) or (2) of section 3313.64 of the Revised Code, as | 12534 |
| applicable, the court, at the time of making any order that | 12535 |
| removes a child from the child's own home or that vests legal or | 12536 |
| permanent custody of the child in a person other than the child's | 12537 |
| parent or a government agency, shall determine the school district | 12538 |
| that is to bear the cost of educating the child. The court shall | 12539 |
| make the determination a part of the order that provides for the | 12540 |
| child's placement or commitment. That school district shall bear | 12541 |
| the cost of educating the child unless and until the | 12542 |
| 12543 | |
| different district shall be responsible for bearing that cost | 12544 |
| pursuant to division (A)(2) of this section. The court's order | 12545 |
| shall state that the determination of which school district is | 12546 |
| responsible to bear the cost of educating the child is subject to | 12547 |
| re-determination by the department pursuant to that division. | 12548 |
| (2) If, while the child is in the custody of a person other | 12549 |
| than the child's parent or a government agency, the department of | 12550 |
| education | 12551 |
| residence of the child's parent has changed since the court issued | 12552 |
| its initial order, the | 12553 |
| name a different school district to bear the cost of educating the | 12554 |
| child. The department | 12555 |
| 12556 | |
| determinations, based on evidence received from the school | 12557 |
| district | 12558 |
| of educating the child | 12559 |
| If the department finds that the evidence demonstrates to its | 12560 |
| satisfaction that the residence of the child's parent has changed | 12561 |
| since the court issued its initial order | 12562 |
| 12563 | |
| 12564 | |
| 12565 | |
| under division (A)(1) of this section, or since the department | 12566 |
| last made a determination under division (A)(2) of this section, | 12567 |
| the department shall | 12568 |
| which the child's parent currently resides or, if the parent's | 12569 |
| residence is not known, the district in which the parent's last | 12570 |
| known residence is located. If the department cannot determine any | 12571 |
| Ohio district in which the parent currently resides or has | 12572 |
| resided, the school district designated in the initial court order | 12573 |
| under division (A)(1) of this section, or in the most recent | 12574 |
| determination made by the department under division (A)(2) of this | 12575 |
| section, shall continue to bear the cost of educating the child. | 12576 |
| | 12577 |
| 12578 | |
| 12579 | |
| 12580 |
| (B) Whenever a child is placed in a detention facility | 12581 |
| established under section 2152.41 of the Revised Code or a | 12582 |
| juvenile facility established under section 2151.65 of the Revised | 12583 |
| Code, the child's school district as determined by the court or | 12584 |
| the department, in the same manner as prescribed in division (A) | 12585 |
| of this section, shall pay the cost of educating the child based | 12586 |
| on the per capita cost of the educational facility within the | 12587 |
| detention home or juvenile facility. | 12588 |
| (C) Whenever a child is placed by the court in a private | 12589 |
| institution, school, or residential treatment center or any other | 12590 |
| private facility, the state shall pay to the court a subsidy to | 12591 |
| help defray the expense of educating the child in an amount equal | 12592 |
| to the product of the daily per capita educational cost of the | 12593 |
| private facility, as determined pursuant to this section, and the | 12594 |
| number of days the child resides at the private facility, provided | 12595 |
| that the subsidy shall not exceed twenty-five hundred dollars per | 12596 |
| year per child. The daily per capita educational cost of a private | 12597 |
| facility shall be determined by dividing the actual program cost | 12598 |
| of the private facility or twenty-five hundred dollars, whichever | 12599 |
| is less, by three hundred sixty-five days or by three hundred | 12600 |
| sixty-six days for years that include February twenty-ninth. The | 12601 |
| state shall pay seventy-five per cent of the total subsidy for | 12602 |
| each year quarterly to the court. The state may adjust the | 12603 |
| remaining twenty-five per cent of the total subsidy to be paid to | 12604 |
| the court for each year to an amount that is less than twenty-five | 12605 |
| per cent of the total subsidy for that year based upon the | 12606 |
| availability of funds appropriated to the department of education | 12607 |
| for the purpose of subsidizing courts that place a child in a | 12608 |
| private institution, school, or residential treatment center or | 12609 |
| any other private facility and shall pay that adjusted amount to | 12610 |
| the court at the end of the year. | 12611 |
| Sec. 2913.40. (A) As used in this section: | 12612 |
| (1) "Statement or representation" means any oral, written, | 12613 |
| electronic, electronic impulse, or magnetic communication that is | 12614 |
| used to identify an item of goods or a service for which | 12615 |
| reimbursement may be made under the medical assistance program or | 12616 |
| that states income and expense and is or may be used to determine | 12617 |
| a rate of reimbursement under the medical assistance program. | 12618 |
| (2) "Medical assistance program" means the program | 12619 |
| established by the department of job and family services to | 12620 |
| provide medical assistance under section 5111.01 of the Revised | 12621 |
| Code and the medicaid program of Title XIX of the "Social Security | 12622 |
| Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended. | 12623 |
| (3) "Provider" means any person who has signed a provider | 12624 |
| agreement with the department of job and family services to | 12625 |
| provide goods or services pursuant to the medical assistance | 12626 |
| program or any person who has signed an agreement with a party to | 12627 |
| such a provider agreement under which the person agrees to provide | 12628 |
| goods or services that are reimbursable under the medical | 12629 |
| assistance program. | 12630 |
| (4) "Provider agreement" means an oral or written agreement | 12631 |
| between the department of job and family services and a person in | 12632 |
| which the person agrees to provide goods or services under the | 12633 |
| medical assistance program. | 12634 |
| (5) "Recipient" means any individual who receives goods or | 12635 |
| services from a provider under the medical assistance program. | 12636 |
| (6) "Records" means any medical, professional, financial, or | 12637 |
| business records relating to the treatment or care of any | 12638 |
| recipient, to goods or services provided to any recipient, or to | 12639 |
| rates paid for goods or services provided to any recipient and any | 12640 |
| records that are required by the rules of the director of job and | 12641 |
| family services to be kept for the medical assistance program. | 12642 |
| (B) No person shall knowingly make or cause to be made a | 12643 |
| false or misleading statement or representation for use in | 12644 |
| obtaining reimbursement from the medical assistance program. | 12645 |
| (C) No person, with purpose to commit fraud or knowing that | 12646 |
| the person is facilitating a fraud, shall do either of the | 12647 |
| following: | 12648 |
| (1) Contrary to the terms of the person's provider agreement, | 12649 |
| charge, solicit, accept, or receive for goods or services that the | 12650 |
| person provides under the medical assistance program any property, | 12651 |
| money, or other consideration in addition to the amount of | 12652 |
| reimbursement under the medical assistance program and the | 12653 |
| person's provider agreement for the goods or services and any | 12654 |
| 12655 | |
| section 5111.0112 of the Revised Code or rules adopted pursuant to | 12656 |
| section 5111.01, 5111.011, or 5111.02 of the Revised Code. | 12657 |
| (2) Solicit, offer, or receive any remuneration, other than | 12658 |
|
any | 12659 |
| section 5111.0112 of the Revised Code or rules adopted under | 12660 |
| section 5111.01, 5111.011, or 5111.02 of the Revised Code, in cash | 12661 |
| or in kind, including, but not limited to, a kickback or rebate, | 12662 |
| in connection with the furnishing of goods or services for which | 12663 |
| whole or partial reimbursement is or may be made under the medical | 12664 |
| assistance program. | 12665 |
| (D) No person, having submitted a claim for or provided goods | 12666 |
| or services under the medical assistance program, shall do either | 12667 |
| of the following for a period of at least six years after a | 12668 |
| reimbursement pursuant to that claim, or a reimbursement for those | 12669 |
| goods or services, is received under the medical assistance | 12670 |
| program: | 12671 |
| (1) Knowingly alter, falsify, destroy, conceal, or remove any | 12672 |
| records that are necessary to fully disclose the nature of all | 12673 |
| goods or services for which the claim was submitted, or for which | 12674 |
| reimbursement was received, by the person; | 12675 |
| (2) Knowingly alter, falsify, destroy, conceal, or remove any | 12676 |
| records that are necessary to disclose fully all income and | 12677 |
| expenditures upon which rates of reimbursements were based for the | 12678 |
| person. | 12679 |
| (E) Whoever violates this section is guilty of medicaid | 12680 |
| fraud. Except as otherwise provided in this division, medicaid | 12681 |
| fraud is a misdemeanor of the first degree. If the value of | 12682 |
| property, services, or funds obtained in violation of this section | 12683 |
| is five hundred dollars or more and is less than five thousand | 12684 |
| dollars, medicaid fraud is a felony of the fifth degree. If the | 12685 |
| value of property, services, or funds obtained in violation of | 12686 |
| this section is five thousand dollars or more and is less than one | 12687 |
| hundred thousand dollars, medicaid fraud is a felony of the fourth | 12688 |
| degree. If the value of the property, services, or funds obtained | 12689 |
| in violation of this section is one hundred thousand dollars or | 12690 |
| more, medicaid fraud is a felony of the third degree. | 12691 |
| (F) Upon application of the governmental agency, office, or | 12692 |
| other entity that conducted the investigation and prosecution in a | 12693 |
| case under this section, the court shall order any person who is | 12694 |
| convicted of a violation of this section for receiving any | 12695 |
| reimbursement for furnishing goods or services under the medical | 12696 |
| assistance program to which the person is not entitled to pay to | 12697 |
| the applicant its cost of investigating and prosecuting the case. | 12698 |
| The costs of investigation and prosecution that a defendant is | 12699 |
| ordered to pay pursuant to this division shall be in addition to | 12700 |
| any other penalties for the receipt of that reimbursement that are | 12701 |
| provided in this section, section 5111.03 of the Revised Code, or | 12702 |
| any other provision of law. | 12703 |
| (G) The provisions of this section are not intended to be | 12704 |
| exclusive remedies and do not preclude the use of any other | 12705 |
| criminal or civil remedy for any act that is in violation of this | 12706 |
| section. | 12707 |
| Sec. 2921.42. (A) No public official shall knowingly do any | 12708 |
| of the following: | 12709 |
| (1) Authorize, or employ the authority or influence of | 12710 |
| the public official's office to secure authorization of any public | 12711 |
| contract in which
| 12712 |
| public
official's family, or any of | 12713 |
| business associates has an interest; | 12714 |
| (2) Authorize, or employ the authority or influence of | 12715 |
| the public official's office to secure the investment of public | 12716 |
| funds in any share, bond, mortgage, or other security, with | 12717 |
| respect to which | 12718 |
| public official's family, or any of | 12719 |
| business associates either has an interest, is an underwriter, or | 12720 |
| receives any brokerage, origination, or servicing fees; | 12721 |
| (3) During | 12722 |
| one year thereafter, occupy any position of profit in the | 12723 |
| prosecution of a
public contract authorized by | 12724 |
| official or by a legislative body, commission, or board of which | 12725 |
| 12726 | |
| unless the contract was let by competitive bidding to the lowest | 12727 |
| and best bidder; | 12728 |
| (4) Have an interest in the profits or benefits of a public | 12729 |
| contract entered into by or for the use of the political | 12730 |
| subdivision or governmental agency or instrumentality with which | 12731 |
| 12732 |
| (5) Have an interest in the profits or benefits of a public | 12733 |
| contract that is not let by competitive bidding if required by law | 12734 |
| and that involves more than one hundred fifty dollars. | 12735 |
| (B) In the absence of bribery or a purpose to defraud, a | 12736 |
|
public official, member of | 12737 |
| of | 12738 |
| considered as having an interest in a public contract or the | 12739 |
| investment of public funds, if all of the following apply: | 12740 |
| (1) The interest of that person is limited to owning or | 12741 |
| controlling shares of the corporation, or being a creditor of the | 12742 |
| corporation or other organization, that is the contractor on the | 12743 |
| public contract involved, or that is the issuer of the security in | 12744 |
| which public funds are invested; | 12745 |
| (2) The shares owned or controlled by that person do not | 12746 |
| exceed five per cent of the outstanding shares of the corporation, | 12747 |
| and the amount due that person as creditor does not exceed five | 12748 |
| per cent of the total indebtedness of the corporation or other | 12749 |
| organization; | 12750 |
| (3) That person, prior to the time the public contract is | 12751 |
| entered into, files with the political subdivision or governmental | 12752 |
| agency or instrumentality involved, an affidavit
giving | 12753 |
| person's exact status in connection with the corporation or other | 12754 |
| organization. | 12755 |
| (C) This section does not apply to a public contract in which | 12756 |
| a public official, member of | 12757 |
| one of | 12758 |
| interest, when all of the following apply: | 12759 |
| (1) The subject of the public contract is necessary supplies | 12760 |
| or services for the political subdivision or governmental agency | 12761 |
| or instrumentality involved; | 12762 |
| (2) The supplies or services are unobtainable elsewhere for | 12763 |
| the same or lower cost, or are being furnished to the political | 12764 |
| subdivision or governmental agency or instrumentality as part of a | 12765 |
| continuing course of dealing established prior to the public | 12766 |
| official's becoming associated with the political subdivision or | 12767 |
| governmental agency or instrumentality involved; | 12768 |
| (3) The treatment accorded the political subdivision or | 12769 |
| governmental agency or instrumentality is either preferential to | 12770 |
| or the same as that accorded other customers or clients in similar | 12771 |
| transactions; | 12772 |
| (4) The entire transaction is conducted at arm's length, with | 12773 |
| full knowledge by the political subdivision or governmental agency | 12774 |
| or instrumentality involved, of the interest of the public | 12775 |
|
official, member of | 12776 |
| associate, and the public official takes no part in the | 12777 |
| deliberations or decision of the political subdivision or | 12778 |
| governmental agency or instrumentality with respect to the public | 12779 |
| contract. | 12780 |
| (D) Division (A)(4) of this section does not prohibit | 12781 |
| participation by a public employee in any housing program funded | 12782 |
| by public moneys if the public employee otherwise qualifies for | 12783 |
|
the program and does not use the authority or influence of | 12784 |
| public employee's office or employment to secure benefits from the | 12785 |
| program and if the moneys are to be used on the primary residence | 12786 |
| of the public employee. Such participation does not constitute an | 12787 |
| unlawful interest in a public contract in violation of this | 12788 |
| section. | 12789 |
| (E) Whoever violates this section is guilty of having an | 12790 |
| unlawful interest in a public contract. Violation of division | 12791 |
| (A)(1) or (2) of this section is a felony of the fourth degree. | 12792 |
| Violation of division (A)(3), (4), or (5) of this section is a | 12793 |
| misdemeanor of the first degree. | 12794 |
| (F) It is not a violation of this section for a prosecuting | 12795 |
| attorney to appoint assistants and employees in accordance with | 12796 |
| sections 309.06 and 2921.421 of the Revised Code, for a chief | 12797 |
| legal officer of a municipal corporation or an official designated | 12798 |
| as prosecutor in a municipal corporation to appoint assistants and | 12799 |
| employees in accordance with sections 733.621 and 2921.421 of the | 12800 |
| Revised Code, or for a township law director appointed under | 12801 |
| section 504.15 of the Revised Code to appoint assistants and | 12802 |
| employees in accordance with sections 504.151 and 2921.421 of the | 12803 |
| Revised Code. | 12804 |
| | 12805 |
| which a township trustee in a township with a population of five | 12806 |
| thousand or less in its unincorporated area, a member of the | 12807 |
|
township trustee's family, or one of | 12808 |
| business associates has an interest, if all of the following | 12809 |
| apply: | 12810 |
| (1) The subject of the public contract is necessary supplies | 12811 |
| or services for the township and the amount of the contract is | 12812 |
| less than five thousand dollars per year; | 12813 |
| (2) The supplies or services are being furnished to the | 12814 |
| township as part of a continuing course of dealing established | 12815 |
| before the township trustee held that office with the township; | 12816 |
| (3) The treatment accorded the township is either | 12817 |
| preferential to or the same as that accorded other customers or | 12818 |
| clients in similar transactions; | 12819 |
| (4) The entire transaction is conducted with full knowledge | 12820 |
| by the township of the interest of the township trustee, member of | 12821 |
| 12822 | |
| business associate. | 12823 |
| | 12824 |
| member of the public official's family, or any of the public | 12825 |
| official's business associates has an interest in violation of | 12826 |
| this section is void and unenforceable. Any contract securing the | 12827 |
| investment of public funds in which a public official, a member of | 12828 |
| the public official's family, or any of the public official's | 12829 |
| business associates has an interest, is an underwriter, or | 12830 |
| receives any brokerage, origination, or servicing fees and that | 12831 |
| was entered into in violation of this section is void and | 12832 |
| unenforceable. | 12833 |
| (I) As used in this section: | 12834 |
| (1) "Public contract" means any of the following: | 12835 |
| (a) The purchase or acquisition, or a contract for the | 12836 |
| purchase or acquisition, of property or services by or for the use | 12837 |
| of the state, any of its political subdivisions, or any agency or | 12838 |
| instrumentality of either, including the employment of an | 12839 |
| individual by the state, any of its political subdivisions, or any | 12840 |
| agency or instrumentality of either; | 12841 |
| (b) A contract for the design, construction, alteration, | 12842 |
| repair, or maintenance of any public property. | 12843 |
| (2) "Chief legal officer" has the same meaning as in section | 12844 |
| 733.621 of the Revised Code. | 12845 |
| Sec. 2927.023. (A) As used in this section "authorized | 12846 |
| recipient of tobacco products" means a person who is: | 12847 |
| (1) Licensed as a cigarette wholesale dealer under section | 12848 |
| 5743.15 of the Revised Code; | 12849 |
| (2) Licensed as a | 12850 |
| 12851 | |
| person purchases cigarettes with the appropriate tax stamp | 12852 |
| affixed; | 12853 |
| (3) An export warehouse proprietor as defined in section 5702 | 12854 |
| of the Internal Revenue Code; | 12855 |
| (4) An operator of a customs bonded warehouse under 19 U.S.C. | 12856 |
| 1311 or 19 U.S.C. 1555; | 12857 |
| (5) An officer, employee, or agent of the federal government | 12858 |
| or of this state acting in the person's official capacity; | 12859 |
| (6) A department, agency, instrumentality, or political | 12860 |
| subdivision of the federal government or of this state; | 12861 |
| (7) A person having a consent for consumer shipment issued by | 12862 |
| the tax commissioner under section 5743.71 of the Revised Code. | 12863 |
| The purpose of this section is to prevent the sale of | 12864 |
| cigarettes to minors and to ensure compliance with the Master | 12865 |
| Settlement Agreement, as defined in section 1346.01 of the Revised | 12866 |
| Code. | 12867 |
| (B)(1) No person shall cause to be shipped any cigarettes to | 12868 |
| any person in this state other than an authorized recipient of | 12869 |
| tobacco products. | 12870 |
| (2) No common carrier, contract carrier, or other person | 12871 |
| shall knowingly transport cigarettes to any person in this state | 12872 |
| that the carrier or other person reasonably believes is not an | 12873 |
| authorized recipient of tobacco products. If cigarettes are | 12874 |
| transported to a home or residence, it shall be presumed that the | 12875 |
| common carrier, contract carrier, or other person knew that the | 12876 |
| person to whom the cigarettes were delivered was not an authorized | 12877 |
| recipient of tobacco products. | 12878 |
| (C) No person engaged in the business of selling cigarettes | 12879 |
| who ships or causes to be shipped cigarettes to any person in this | 12880 |
| state in any container or wrapping other than the original | 12881 |
| container or wrapping of the cigarettes shall fail to plainly and | 12882 |
| visibly mark the exterior of the container or wrapping in which | 12883 |
| the cigarettes are shipped with the words "cigarettes." | 12884 |
| (D) A court shall impose a fine of up to one thousand dollars | 12885 |
| for each violation of division (B)(1), (B)(2), or (C) of this | 12886 |
| section. | 12887 |
| Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal, | 12888 |
| deputy marshal, municipal police officer, township constable, | 12889 |
| police officer of a township or joint township police district, | 12890 |
| member of a police force employed by a metropolitan housing | 12891 |
| authority under division (D) of section 3735.31 of the Revised | 12892 |
| Code, member of a police force employed by a regional transit | 12893 |
| authority under division (Y) of section 306.35 of the Revised | 12894 |
| Code, state university law enforcement officer appointed under | 12895 |
| section 3345.04 of the Revised Code, veterans' home police officer | 12896 |
| appointed under section 5907.02 of the Revised Code, special | 12897 |
| police officer employed by a port authority under section 4582.04 | 12898 |
| or 4582.28 of the Revised Code, or a special police officer | 12899 |
| employed by a municipal corporation at a municipal airport, or | 12900 |
| other municipal air navigation facility, that has scheduled | 12901 |
| operations, as defined in section 119.3 of Title 14 of the Code of | 12902 |
| Federal Regulations, 14 C.F.R. 119.3, as amended, and that is | 12903 |
| required to be under a security program and is governed by | 12904 |
| aviation security rules of the transportation security | 12905 |
| administration of the United States department of transportation | 12906 |
| as provided in Parts 1542. and 1544. of Title 49 of the Code of | 12907 |
| Federal Regulations, as amended, shall arrest and detain, until a | 12908 |
| warrant can be obtained, a person found violating, within the | 12909 |
| limits of the political subdivision, metropolitan housing | 12910 |
| authority housing project, regional transit authority facilities | 12911 |
| or areas of a municipal corporation that have been agreed to by a | 12912 |
| regional transit authority and a municipal corporation located | 12913 |
| within its territorial jurisdiction, college, university, | 12914 |
| veterans' home operated under Chapter 5907. of the Revised Code, | 12915 |
| port authority, or municipal airport or other municipal air | 12916 |
| navigation facility, in which the peace officer is appointed, | 12917 |
| employed, or elected, a law of this state, an ordinance of a | 12918 |
| municipal corporation, or a resolution of a township. | 12919 |
| (2) A peace officer of the department of natural resources or | 12920 |
| an individual designated to perform law enforcement duties under | 12921 |
| section 511.232, 1545.13, or 6101.75 of the Revised Code shall | 12922 |
| arrest and detain, until a warrant can be obtained, a person found | 12923 |
| violating, within the limits of the peace officer's or | 12924 |
| individual's territorial jurisdiction, a law of this state. | 12925 |
| (3) The house sergeant at arms if the house sergeant at arms | 12926 |
| has arrest authority pursuant to division (E)(1) of section | 12927 |
| 101.311 of the Revised Code and an assistant house sergeant at | 12928 |
| arms shall arrest and detain, until a warrant can be obtained, a | 12929 |
| person found violating, within the limits of the sergeant at | 12930 |
| arms's or assistant sergeant at arms's territorial jurisdiction | 12931 |
| specified in division (D)(1)(a) of section 101.311 of the Revised | 12932 |
| Code or while providing security pursuant to division (D)(1)(f) of | 12933 |
| section 101.311 of the Revised Code, a law of this state, an | 12934 |
| ordinance of a municipal corporation, or a resolution of a | 12935 |
| township. | 12936 |
| (B)(1) When there is reasonable ground to believe that an | 12937 |
| offense of violence, the offense of criminal child enticement as | 12938 |
| defined in section 2905.05 of the Revised Code, the offense of | 12939 |
| public indecency as defined in section 2907.09 of the Revised | 12940 |
| Code, the offense of domestic violence as defined in section | 12941 |
| 2919.25 of the Revised Code, the offense of violating a protection | 12942 |
| order as defined in section 2919.27 of the Revised Code, the | 12943 |
| offense of menacing by stalking as defined in section 2903.211 of | 12944 |
| the Revised Code, the offense of aggravated trespass as defined in | 12945 |
| section 2911.211 of the Revised Code, a theft offense as defined | 12946 |
| in section 2913.01 of the Revised Code, or a felony drug abuse | 12947 |
| offense as defined in section 2925.01 of the Revised Code, has | 12948 |
| been committed within the limits of the political subdivision, | 12949 |
| metropolitan housing authority housing project, regional transit | 12950 |
| authority facilities or those areas of a municipal corporation | 12951 |
| that have been agreed to by a regional transit authority and a | 12952 |
| municipal corporation located within its territorial jurisdiction, | 12953 |
| college, university, veterans' home operated under Chapter 5907. | 12954 |
| of the Revised Code, port authority, or municipal airport or other | 12955 |
| municipal air navigation facility, in which the peace officer is | 12956 |
| appointed, employed, or elected or within the limits of the | 12957 |
| territorial jurisdiction of the peace officer, a peace officer | 12958 |
| described in division (A) of this section may arrest and detain | 12959 |
| until a warrant can be obtained any person who the peace officer | 12960 |
| has reasonable cause to believe is guilty of the violation. | 12961 |
| (2) For purposes of division (B)(1) of this section, the | 12962 |
| execution of any of the following constitutes reasonable ground to | 12963 |
| believe that the offense alleged in the statement was committed | 12964 |
| and reasonable cause to believe that the person alleged in the | 12965 |
| statement to have committed the offense is guilty of the | 12966 |
| violation: | 12967 |
| (a) A written statement by a person alleging that an alleged | 12968 |
| offender has committed the offense of menacing by stalking or | 12969 |
| aggravated trespass; | 12970 |
| (b) A written statement by the administrator of the | 12971 |
| interstate compact on mental health appointed under section | 12972 |
| 5119.51 of the Revised Code alleging that a person who had been | 12973 |
| hospitalized, institutionalized, or confined in any facility under | 12974 |
| an order made pursuant to or under authority of section 2945.37, | 12975 |
| 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the | 12976 |
| Revised Code has escaped from the facility, from confinement in a | 12977 |
| vehicle for transportation to or from the facility, or from | 12978 |
| supervision by an employee of the facility that is incidental to | 12979 |
| hospitalization, institutionalization, or confinement in the | 12980 |
| facility and that occurs outside of the facility, in violation of | 12981 |
| section 2921.34 of the Revised Code; | 12982 |
| (c) A written statement by the administrator of any facility | 12983 |
| in which a person has been hospitalized, institutionalized, or | 12984 |
| confined under an order made pursuant to or under authority of | 12985 |
| section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or | 12986 |
| 2945.402 of the Revised Code alleging that the person has escaped | 12987 |
| from the facility, from confinement in a vehicle for | 12988 |
| transportation to or from the facility, or from supervision by an | 12989 |
| employee of the facility that is incidental to hospitalization, | 12990 |
| institutionalization, or confinement in the facility and that | 12991 |
| occurs outside of the facility, in violation of section 2921.34 of | 12992 |
| the Revised Code. | 12993 |
| (3)(a) For purposes of division (B)(1) of this section, a | 12994 |
| peace officer described in division (A) of this section has | 12995 |
| reasonable grounds to believe that the offense of domestic | 12996 |
| violence or the offense of violating a protection order has been | 12997 |
| committed and reasonable cause to believe that a particular person | 12998 |
| is guilty of committing the offense if any of the following | 12999 |
| occurs: | 13000 |
| (i) A person executes a written statement alleging that the | 13001 |
| person in question has committed the offense of domestic violence | 13002 |
| or the offense of violating a protection order against the person | 13003 |
| who executes the statement or against a child of the person who | 13004 |
| executes the statement. | 13005 |
| (ii) No written statement of the type described in division | 13006 |
| (B)(3)(a)(i) of this section is executed, but the peace officer, | 13007 |
| based upon the peace officer's own knowledge and observation of | 13008 |
| the facts and circumstances of the alleged incident of the offense | 13009 |
| of domestic violence or the alleged incident of the offense of | 13010 |
| violating a protection order or based upon any other information, | 13011 |
| including, but not limited to, any reasonably trustworthy | 13012 |
| information given to the peace officer by the alleged victim of | 13013 |
| the alleged incident of the offense or any witness of the alleged | 13014 |
| incident of the offense, concludes that there are reasonable | 13015 |
| grounds to believe that the offense of domestic violence or the | 13016 |
| offense of violating a protection order has been committed and | 13017 |
| reasonable cause to believe that the person in question is guilty | 13018 |
| of committing the offense. | 13019 |
| (iii) No written statement of the type described in division | 13020 |
| (B)(3)(a)(i) of this section is executed, but the peace officer | 13021 |
| witnessed the person in question commit the offense of domestic | 13022 |
| violence or the offense of violating a protection order. | 13023 |
| (b) If pursuant to division (B)(3)(a) of this section a peace | 13024 |
| officer has reasonable grounds to believe that the offense of | 13025 |
| domestic violence or the offense of violating a protection order | 13026 |
| has been committed and reasonable cause to believe that a | 13027 |
| particular person is guilty of committing the offense, it is the | 13028 |
| preferred course of action in this state that the officer arrest | 13029 |
| and detain that person pursuant to division (B)(1) of this section | 13030 |
| until a warrant can be obtained. | 13031 |
| If pursuant to division (B)(3)(a) of this section a peace | 13032 |
| officer has reasonable grounds to believe that the offense of | 13033 |
| domestic violence or the offense of violating a protection order | 13034 |
| has been committed and reasonable cause to believe that family or | 13035 |
| household members have committed the offense against each other, | 13036 |
| it is the preferred course of action in this state that the | 13037 |
| officer, pursuant to division (B)(1) of this section, arrest and | 13038 |
| detain until a warrant can be obtained the family or household | 13039 |
| member who committed the offense and whom the officer has | 13040 |
| reasonable cause to believe is the primary physical aggressor. | 13041 |
| There is no preferred course of action in this state regarding any | 13042 |
| other family or household member who committed the offense and | 13043 |
| whom the officer does not have reasonable cause to believe is the | 13044 |
| primary physical aggressor, but, pursuant to division (B)(1) of | 13045 |
| this section, the peace officer may arrest and detain until a | 13046 |
| warrant can be obtained any other family or household member who | 13047 |
| committed the offense and whom the officer does not have | 13048 |
| reasonable cause to believe is the primary physical aggressor. | 13049 |
| (c) If a peace officer described in division (A) of this | 13050 |
| section does not arrest and detain a person whom the officer has | 13051 |
| reasonable cause to believe committed the offense of domestic | 13052 |
| violence or the offense of violating a protection order when it is | 13053 |
| the preferred course of action in this state pursuant to division | 13054 |
| (B)(3)(b) of this section that the officer arrest that person, the | 13055 |
| officer shall articulate in the written report of the incident | 13056 |
| required by section 2935.032 of the Revised Code a clear statement | 13057 |
| of the officer's reasons for not arresting and detaining that | 13058 |
| person until a warrant can be obtained. | 13059 |
| (d) In determining for purposes of division (B)(3)(b) of this | 13060 |
| section which family or household member is the primary physical | 13061 |
| aggressor in a situation in which family or household members have | 13062 |
| committed the offense of domestic violence or the offense of | 13063 |
| violating a protection order against each other, a peace officer | 13064 |
| described in division (A) of this section, in addition to any | 13065 |
| other relevant circumstances, should consider all of the | 13066 |
| following: | 13067 |
| (i) Any history of domestic violence or of any other violent | 13068 |
| acts by either person involved in the alleged offense that the | 13069 |
| officer reasonably can ascertain; | 13070 |
| (ii) If violence is alleged, whether the alleged violence was | 13071 |
| caused by a person acting in self-defense; | 13072 |
| (iii) Each person's fear of physical harm, if any, resulting | 13073 |
| from the other person's threatened use of force against any person | 13074 |
| or resulting from the other person's use or history of the use of | 13075 |
| force against any person, and the reasonableness of that fear; | 13076 |
| (iv) The comparative severity of any injuries suffered by the | 13077 |
| persons involved in the alleged offense. | 13078 |
| (e)(i) A peace officer described in division (A) of this | 13079 |
| section shall not require, as a prerequisite to arresting or | 13080 |
| charging a person who has committed the offense of domestic | 13081 |
| violence or the offense of violating a protection order, that the | 13082 |
| victim of the offense specifically consent to the filing of | 13083 |
| charges against the person who has committed the offense or sign a | 13084 |
| complaint against the person who has committed the offense. | 13085 |
| (ii) If a person is arrested for or charged with committing | 13086 |
| the offense of domestic violence or the offense of violating a | 13087 |
| protection order and if the victim of the offense does not | 13088 |
| cooperate with the involved law enforcement or prosecuting | 13089 |
| authorities in the prosecution of the offense or, subsequent to | 13090 |
| the arrest or the filing of the charges, informs the involved law | 13091 |
| enforcement or prosecuting authorities that the victim does not | 13092 |
| wish the prosecution of the offense to continue or wishes to drop | 13093 |
| charges against the alleged offender relative to the offense, the | 13094 |
| involved prosecuting authorities, in determining whether to | 13095 |
| continue with the prosecution of the offense or whether to dismiss | 13096 |
| charges against the alleged offender relative to the offense and | 13097 |
| notwithstanding the victim's failure to cooperate or the victim's | 13098 |
| wishes, shall consider all facts and circumstances that are | 13099 |
| relevant to the offense, including, but not limited to, the | 13100 |
| statements and observations of the peace officers who responded to | 13101 |
| the incident that resulted in the arrest or filing of the charges | 13102 |
| and of all witnesses to that incident. | 13103 |
| (f) In determining pursuant to divisions (B)(3)(a) to (g) of | 13104 |
| this section whether to arrest a person pursuant to division | 13105 |
| (B)(1) of this section, a peace officer described in division (A) | 13106 |
| of this section shall not consider as a factor any possible | 13107 |
| shortage of cell space at the detention facility to which the | 13108 |
| person will be taken subsequent to the person's arrest or any | 13109 |
| possibility that the person's arrest might cause, contribute to, | 13110 |
| or exacerbate overcrowding at that detention facility or at any | 13111 |
| other detention facility. | 13112 |
| (g) If a peace officer described in division (A) of this | 13113 |
| section intends pursuant to divisions (B)(3)(a) to (g) of this | 13114 |
| section to arrest a person pursuant to division (B)(1) of this | 13115 |
| section and if the officer is unable to do so because the person | 13116 |
| is not present, the officer promptly shall seek a warrant for the | 13117 |
| arrest of the person. | 13118 |
| (h) If a peace officer described in division (A) of this | 13119 |
| section responds to a report of an alleged incident of the offense | 13120 |
| of domestic violence or an alleged incident of the offense of | 13121 |
| violating a protection order and if the circumstances of the | 13122 |
| incident involved the use or threatened use of a deadly weapon or | 13123 |
| any person involved in the incident brandished a deadly weapon | 13124 |
| during or in relation to the incident, the deadly weapon that was | 13125 |
| used, threatened to be used, or brandished constitutes contraband, | 13126 |
| and, to the extent possible, the officer shall seize the deadly | 13127 |
| weapon as contraband pursuant to Chapter 2981. of the Revised | 13128 |
| Code. Upon the seizure of a deadly weapon pursuant to division | 13129 |
| (B)(3)(h) of this section, section 2981.12 of the Revised Code | 13130 |
| shall apply regarding the treatment and disposition of the deadly | 13131 |
| weapon. For purposes of that section, the "underlying criminal | 13132 |
| offense" that was the basis of the seizure of a deadly weapon | 13133 |
| under division (B)(3)(h) of this section and to which the deadly | 13134 |
| weapon had a relationship is any of the following that is | 13135 |
| applicable: | 13136 |
| (i) The alleged incident of the offense of domestic violence | 13137 |
| or the alleged incident of the offense of violating a protection | 13138 |
| order to which the officer who seized the deadly weapon responded; | 13139 |
| (ii) Any offense that arose out of the same facts and | 13140 |
| circumstances as the report of the alleged incident of the offense | 13141 |
| of domestic violence or the alleged incident of the offense of | 13142 |
| violating a protection order to which the officer who seized the | 13143 |
| deadly weapon responded. | 13144 |
| (4) If, in the circumstances described in divisions (B)(3)(a) | 13145 |
| to (g) of this section, a peace officer described in division (A) | 13146 |
| of this section arrests and detains a person pursuant to division | 13147 |
| (B)(1) of this section, or if, pursuant to division (B)(3)(h) of | 13148 |
| this section, a peace officer described in division (A) of this | 13149 |
| section seizes a deadly weapon, the officer, to the extent | 13150 |
| described in and in accordance with section 9.86 or 2744.03 of the | 13151 |
| Revised Code, is immune in any civil action for damages for | 13152 |
| injury, death, or loss to person or property that arises from or | 13153 |
| is related to the arrest and detention or the seizure. | 13154 |
| (C) When there is reasonable ground to believe that a | 13155 |
| violation of division (A)(1), (2), (3), (4), or (5) of section | 13156 |
| 4506.15 or a violation of section 4511.19 of the Revised Code has | 13157 |
| been committed by a person operating a motor vehicle subject to | 13158 |
| regulation by the public utilities commission of Ohio under Title | 13159 |
| XLIX of the Revised Code, a peace officer with authority to | 13160 |
| enforce that provision of law may stop or detain the person whom | 13161 |
| the officer has reasonable cause to believe was operating the | 13162 |
| motor vehicle in violation of the division or section and, after | 13163 |
| investigating the circumstances surrounding the operation of the | 13164 |
| vehicle, may arrest and detain the person. | 13165 |
| (D) If a sheriff, deputy sheriff, marshal, deputy marshal, | 13166 |
| municipal police officer, member of a police force employed by a | 13167 |
| metropolitan housing authority under division (D) of section | 13168 |
| 3735.31 of the Revised Code, member of a police force employed by | 13169 |
| a regional transit authority under division (Y) of section 306.35 | 13170 |
| of the Revised Code, special police officer employed by a port | 13171 |
| authority under section 4582.04 or 4582.28 of the Revised Code, | 13172 |
| special police officer employed by a municipal corporation at a | 13173 |
| municipal airport or other municipal air navigation facility | 13174 |
| described in division (A) of this section, township constable, | 13175 |
| police officer of a township or joint township police district, | 13176 |
| state university law enforcement officer appointed under section | 13177 |
| 3345.04 of the Revised Code, peace officer of the department of | 13178 |
| natural resources, individual designated to perform law | 13179 |
| enforcement duties under section 511.232, 1545.13, or 6101.75 of | 13180 |
| the Revised Code, the house sergeant at arms if the house sergeant | 13181 |
| at arms has arrest authority pursuant to division (E)(1) of | 13182 |
| section 101.311 of the Revised Code, or an assistant house | 13183 |
| sergeant at arms is authorized by division (A) or (B) of this | 13184 |
| section to arrest and detain, within the limits of the political | 13185 |
| subdivision, metropolitan housing authority housing project, | 13186 |
| regional transit authority facilities or those areas of a | 13187 |
| municipal corporation that have been agreed to by a regional | 13188 |
| transit authority and a municipal corporation located within its | 13189 |
| territorial jurisdiction, port authority, municipal airport or | 13190 |
| other municipal air navigation facility, college, or university in | 13191 |
| which the officer is appointed, employed, or elected or within the | 13192 |
| limits of the territorial jurisdiction of the peace officer, a | 13193 |
| person until a warrant can be obtained, the peace officer, outside | 13194 |
| the limits of that territory, may pursue, arrest, and detain that | 13195 |
| person until a warrant can be obtained if all of the following | 13196 |
| apply: | 13197 |
| (1) The pursuit takes place without unreasonable delay after | 13198 |
| the offense is committed; | 13199 |
| (2) The pursuit is initiated within the limits of the | 13200 |
| political subdivision, metropolitan housing authority housing | 13201 |
| project, regional transit authority facilities or those areas of a | 13202 |
| municipal corporation that have been agreed to by a regional | 13203 |
| transit authority and a municipal corporation located within its | 13204 |
| territorial jurisdiction, port authority, municipal airport or | 13205 |
| other municipal air navigation facility, college, or university in | 13206 |
| which the peace officer is appointed, employed, or elected or | 13207 |
| within the limits of the territorial jurisdiction of the peace | 13208 |
| officer; | 13209 |
| (3) The offense involved is a felony, a misdemeanor of the | 13210 |
| first degree or a substantially equivalent municipal ordinance, a | 13211 |
| misdemeanor of the second degree or a substantially equivalent | 13212 |
| municipal ordinance, or any offense for which points are | 13213 |
| chargeable pursuant to section 4510.036 of the Revised Code. | 13214 |
| (E) In addition to the authority granted under division (A) | 13215 |
| or (B) of this section: | 13216 |
| (1) A sheriff or deputy sheriff may arrest and detain, until | 13217 |
| a warrant can be obtained, any person found violating section | 13218 |
| 4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section | 13219 |
| 4549.62, or Chapter 4511. or 4513. of the Revised Code on the | 13220 |
| portion of any street or highway that is located immediately | 13221 |
| adjacent to the boundaries of the county in which the sheriff or | 13222 |
| deputy sheriff is elected or appointed. | 13223 |
| (2) A member of the police force of a township police | 13224 |
| district created under section 505.48 of the Revised Code, a | 13225 |
| member of the police force of a joint township police district | 13226 |
| created under section 505.481 of the Revised Code, or a township | 13227 |
| constable appointed in accordance with section 509.01 of the | 13228 |
| Revised Code, who has received a certificate from the Ohio peace | 13229 |
| officer training commission under section 109.75 of the Revised | 13230 |
| Code, may arrest and detain, until a warrant can be obtained, any | 13231 |
| person found violating any section or chapter of the Revised Code | 13232 |
| listed in division (E)(1) of this section, other than sections | 13233 |
| 4513.33 and 4513.34 of the Revised Code, on the portion of any | 13234 |
| street or highway that is located immediately adjacent to the | 13235 |
| boundaries of the township police district or joint township | 13236 |
| police district, in the case of a member of a township police | 13237 |
| district or joint township police district police force, or the | 13238 |
| unincorporated territory of the township, in the case of a | 13239 |
| township constable. However, if the population of the township | 13240 |
| that created the township police district served by the member's | 13241 |
| police force, or the townships that created the joint township | 13242 |
| police district served by the member's police force, or the | 13243 |
| township that is served by the township constable, is sixty | 13244 |
| thousand or less, the member of the township police district or | 13245 |
| joint police district police force or the township constable may | 13246 |
| not make an arrest under division (E)(2) of this section on a | 13247 |
| state highway that is included as part of the interstate system. | 13248 |
| (3) A police officer or village marshal appointed, elected, | 13249 |
| or employed by a municipal corporation may arrest and detain, | 13250 |
| until a warrant can be obtained, any person found violating any | 13251 |
| section or chapter of the Revised Code listed in division (E)(1) | 13252 |
| of this section on the portion of any street or highway that is | 13253 |
| located immediately adjacent to the boundaries of the municipal | 13254 |
| corporation in which the police officer or village marshal is | 13255 |
| appointed, elected, or employed. | 13256 |
| (4) A peace officer of the department of natural resources or | 13257 |
| an individual designated to perform law enforcement duties under | 13258 |
| section 511.232, 1545.13, or 6101.75 of the Revised Code may | 13259 |
| arrest and detain, until a warrant can be obtained, any person | 13260 |
| found violating any section or chapter of the Revised Code listed | 13261 |
| in division (E)(1) of this section, other than sections 4513.33 | 13262 |
| and 4513.34 of the Revised Code, on the portion of any street or | 13263 |
| highway that is located immediately adjacent to the boundaries of | 13264 |
| the lands and waters that constitute the territorial jurisdiction | 13265 |
| of the peace officer. | 13266 |
| (F)(1) A department of mental health special police officer | 13267 |
| or a department of mental retardation and developmental | 13268 |
| disabilities special police officer may arrest without a warrant | 13269 |
| and detain until a warrant can be obtained any person found | 13270 |
| committing on the premises of any institution under the | 13271 |
| jurisdiction of the particular department a misdemeanor under a | 13272 |
| law of the state. | 13273 |
| A department of mental health special police officer or a | 13274 |
| department of mental retardation and developmental disabilities | 13275 |
| special police officer may arrest without a warrant and detain | 13276 |
| until a warrant can be obtained any person who has been | 13277 |
| hospitalized, institutionalized, or confined in an institution | 13278 |
| under the jurisdiction of the particular department pursuant to or | 13279 |
| under authority of section 2945.37, 2945.371, 2945.38, 2945.39, | 13280 |
| 2945.40, 2945.401, or 2945.402 of the Revised Code and who is | 13281 |
| found committing on the premises of any institution under the | 13282 |
| jurisdiction of the particular department a violation of section | 13283 |
| 2921.34 of the Revised Code that involves an escape from the | 13284 |
| premises of the institution. | 13285 |
| (2)(a) If a department of mental health special police | 13286 |
| officer or a department of mental retardation and developmental | 13287 |
| disabilities special police officer finds any person who has been | 13288 |
| hospitalized, institutionalized, or confined in an institution | 13289 |
| under the jurisdiction of the particular department pursuant to or | 13290 |
| under authority of section 2945.37, 2945.371, 2945.38, 2945.39, | 13291 |
| 2945.40, 2945.401, or 2945.402 of the Revised Code committing a | 13292 |
| violation of section 2921.34 of the Revised Code that involves an | 13293 |
| escape from the premises of the institution, or if there is | 13294 |
| reasonable ground to believe that a violation of section 2921.34 | 13295 |
| of the Revised Code has been committed that involves an escape | 13296 |
| from the premises of an institution under the jurisdiction of the | 13297 |
| department of mental health or the department of mental | 13298 |
| retardation and developmental disabilities and if a department of | 13299 |
| mental health special police officer or a department of mental | 13300 |
| retardation and developmental disabilities special police officer | 13301 |
| has reasonable cause to believe that a particular person who has | 13302 |
| been hospitalized, institutionalized, or confined in the | 13303 |
| institution pursuant to or under authority of section 2945.37, | 13304 |
| 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the | 13305 |
| Revised Code is guilty of the violation, the special police | 13306 |
| officer, outside of the premises of the institution, may pursue, | 13307 |
| arrest, and detain that person for that violation of section | 13308 |
| 2921.34 of the Revised Code, until a warrant can be obtained, if | 13309 |
| both of the following apply: | 13310 |
| (i) The pursuit takes place without unreasonable delay after | 13311 |
| the offense is committed; | 13312 |
| (ii) The pursuit is initiated within the premises of the | 13313 |
| institution from which the violation of section 2921.34 of the | 13314 |
| Revised Code occurred. | 13315 |
| (b) For purposes of division (F)(2)(a) of this section, the | 13316 |
| execution of a written statement by the administrator of the | 13317 |
| institution in which a person had been hospitalized, | 13318 |
| institutionalized, or confined pursuant to or under authority of | 13319 |
| section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or | 13320 |
| 2945.402 of the Revised Code alleging that the person has escaped | 13321 |
| from the premises of the institution in violation of section | 13322 |
| 2921.34 of the Revised Code constitutes reasonable ground to | 13323 |
| believe that the violation was committed and reasonable cause to | 13324 |
| believe that the person alleged in the statement to have committed | 13325 |
| the offense is guilty of the violation. | 13326 |
| (G) As used in this section: | 13327 |
| (1) A "department of mental health special police officer" | 13328 |
| means a special police officer of the department of mental health | 13329 |
| designated under section 5119.14 of the Revised Code who is | 13330 |
| certified by the Ohio peace officer training commission under | 13331 |
| section 109.77 of the Revised Code as having successfully | 13332 |
| completed an approved peace officer basic training program. | 13333 |
| (2) A "department of mental retardation and developmental | 13334 |
| disabilities special police officer" means a special police | 13335 |
| officer of the department of mental retardation and developmental | 13336 |
| disabilities designated under section 5123.13 of the Revised Code | 13337 |
| who is certified by the Ohio peace officer training council under | 13338 |
| section 109.77 of the Revised Code as having successfully | 13339 |
| completed an approved peace officer basic training program. | 13340 |
| (3) "Deadly weapon" has the same meaning as in section | 13341 |
| 2923.11 of the Revised Code. | 13342 |
| (4) "Family or household member" has the same meaning as in | 13343 |
| section 2919.25 of the Revised Code. | 13344 |
| (5) "Street" or "highway" has the same meaning as in section | 13345 |
| 4511.01 of the Revised Code. | 13346 |
| (6) "Interstate system" has the same meaning as in section | 13347 |
| 5516.01 of the Revised Code. | 13348 |
| (7) "Peace officer of the department of natural resources" | 13349 |
| means an employee of the department of natural resources who is a | 13350 |
| natural resources law enforcement staff officer designated | 13351 |
| pursuant to section 1501.013 of the Revised Code, a forest officer | 13352 |
| designated pursuant to section 1503.29 of the Revised Code, a | 13353 |
| preserve officer designated pursuant to section 1517.10 of the | 13354 |
| Revised Code, a wildlife officer designated pursuant to section | 13355 |
| 1531.13 of the Revised Code, a park officer designated pursuant to | 13356 |
| section 1541.10 of the Revised Code, or a state watercraft officer | 13357 |
| designated pursuant to section 1547.521 of the Revised Code. | 13358 |
| (8) "Portion of any street or highway" means all lanes of the | 13359 |
| street or highway irrespective of direction of travel, including | 13360 |
| designated turn lanes, and any berm, median, or shoulder. | 13361 |
| Sec. 3109.04. (A) In any divorce, legal separation, or | 13362 |
| annulment proceeding and in any proceeding pertaining to the | 13363 |
| allocation of parental rights and responsibilities for the care of | 13364 |
| a child, upon hearing the testimony of either or both parents and | 13365 |
| considering any mediation report filed pursuant to section | 13366 |
| 3109.052 of the Revised Code and in accordance with sections | 13367 |
| 3127.01 to 3127.53 of the Revised Code, the court shall allocate | 13368 |
| the parental rights and responsibilities for the care of the minor | 13369 |
| children of the marriage. Subject to division (D)(2) of this | 13370 |
| section, the court may allocate the parental rights and | 13371 |
| responsibilities for the care of the children in either of the | 13372 |
| following ways: | 13373 |
| (1) If neither parent files a pleading or motion in | 13374 |
| accordance with division (G) of this section, if at least one | 13375 |
| parent files a pleading or motion under that division but no | 13376 |
| parent who filed a pleading or motion under that division also | 13377 |
| files a plan for shared parenting, or if at least one parent files | 13378 |
| both a pleading or motion and a shared parenting plan under that | 13379 |
| division but no plan for shared parenting is in the best interest | 13380 |
| of the children, the court, in a manner consistent with the best | 13381 |
| interest of the children, shall allocate the parental rights and | 13382 |
| responsibilities for the care of the children primarily to one of | 13383 |
| the parents, designate that parent as the residential parent and | 13384 |
| the legal custodian of the child, and divide between the parents | 13385 |
| the other rights and responsibilities for the care of the | 13386 |
| children, including, but not limited to, the responsibility to | 13387 |
| provide support for the children and the right of the parent who | 13388 |
| is not the residential parent to have continuing contact with the | 13389 |
| children. | 13390 |
| (2) If at least one parent files a pleading or motion in | 13391 |
| accordance with division (G) of this section and a plan for shared | 13392 |
| parenting pursuant to that division and if a plan for shared | 13393 |
| parenting is in the best interest of the children and is approved | 13394 |
| by the court in accordance with division (D)(1) of this section, | 13395 |
| the court may allocate the parental rights and responsibilities | 13396 |
| for the care of the children to both parents and issue a shared | 13397 |
| parenting order requiring the parents to share all or some of the | 13398 |
| aspects of the physical and legal care of the children in | 13399 |
| accordance with the approved plan for shared parenting. If the | 13400 |
| court issues a shared parenting order under this division and it | 13401 |
| is necessary for the purpose of receiving public assistance, the | 13402 |
| court shall designate which one of the parents' residences is to | 13403 |
| serve as the child's home. The child support obligations of the | 13404 |
| parents under a shared parenting order issued under this division | 13405 |
| shall be determined in accordance with Chapters 3119., 3121., | 13406 |
| 3123., and 3125. of the Revised Code. | 13407 |
| (B)(1) When making the allocation of the parental rights and | 13408 |
| responsibilities for the care of the children under this section | 13409 |
| in an original proceeding or in any proceeding for modification of | 13410 |
| a prior order of the court making the allocation, the court shall | 13411 |
| take into account that which would be in the best interest of the | 13412 |
| children. In determining the child's best interest for purposes of | 13413 |
| making its allocation of the parental rights and responsibilities | 13414 |
| for the care of the child and for purposes of resolving any issues | 13415 |
| related to the making of that allocation, the court, in its | 13416 |
| discretion, may and, upon the request of either party, shall | 13417 |
| interview in chambers any or all of the involved children | 13418 |
| regarding their wishes and concerns with respect to the | 13419 |
| allocation. | 13420 |
| (2) If the court interviews any child pursuant to division | 13421 |
| (B)(1) of this section, all of the following apply: | 13422 |
| (a) The court, in its discretion, may and, upon the motion of | 13423 |
| either parent, shall appoint a guardian ad litem for the child. | 13424 |
| (b) The court first shall determine the reasoning ability of | 13425 |
| the child. If the court determines that the child does not have | 13426 |
| sufficient reasoning ability to express the child's wishes and | 13427 |
| concern with respect to the allocation of parental rights and | 13428 |
| responsibilities for the care of the child, it shall not determine | 13429 |
| the child's wishes and concerns with respect to the allocation. If | 13430 |
| the court determines that the child has sufficient reasoning | 13431 |
| ability to express the child's wishes or concerns with respect to | 13432 |
| the allocation, it then shall determine whether, because of | 13433 |
| special circumstances, it would not be in the best interest of the | 13434 |
| child to determine the child's wishes and concerns with respect to | 13435 |
| the allocation. If the court determines that, because of special | 13436 |
| circumstances, it would not be in the best interest of the child | 13437 |
| to determine the child's wishes and concerns with respect to the | 13438 |
| allocation, it shall not determine the child's wishes and concerns | 13439 |
| with respect to the allocation and shall enter its written | 13440 |
| findings of fact and opinion in the journal. If the court | 13441 |
| determines that it would be in the best interests of the child to | 13442 |
| determine the child's wishes and concerns with respect to the | 13443 |
| allocation, it shall proceed to make that determination. | 13444 |
| (c) The interview shall be conducted in chambers, and no | 13445 |
| person other than the child, the child's attorney, the judge, any | 13446 |
| necessary court personnel, and, in the judge's discretion, the | 13447 |
| attorney of each parent shall be permitted to be present in the | 13448 |
| chambers during the interview. | 13449 |
| (3) No person shall obtain or attempt to obtain from a child | 13450 |
| a written or recorded statement or affidavit setting forth the | 13451 |
| child's wishes and concerns regarding the allocation of parental | 13452 |
| rights and responsibilities concerning the child. No court, in | 13453 |
| determining the child's best interest for purposes of making its | 13454 |
| allocation of the parental rights and responsibilities for the | 13455 |
| care of the child or for purposes of resolving any issues related | 13456 |
| to the making of that allocation, shall accept or consider a | 13457 |
| written or recorded statement or affidavit that purports to set | 13458 |
| forth the child's wishes and concerns regarding those matters. | 13459 |
| (C) Prior to trial, the court may cause an investigation to | 13460 |
| be made as to the character, family relations, past conduct, | 13461 |
| earning ability, and financial worth of each parent and may order | 13462 |
| the parents and their minor children to submit to medical, | 13463 |
| psychological, and psychiatric examinations. The report of the | 13464 |
| investigation and examinations shall be made available to either | 13465 |
| parent or the parent's counsel of record not less than five days | 13466 |
| before trial, upon written request. The report shall be signed by | 13467 |
| the investigator, and the investigator shall be subject to | 13468 |
| cross-examination by either parent concerning the contents of the | 13469 |
| report. The court may tax as costs all or any part of the expenses | 13470 |
| for each investigation. | 13471 |
| If the court determines that either parent previously has | 13472 |
| been convicted of or pleaded guilty to any criminal offense | 13473 |
| involving any act that resulted in a child being a neglected | 13474 |
| child, that either parent previously has been determined to be the | 13475 |
| perpetrator of the neglectful act that is the basis of an | 13476 |
| adjudication that a child is a neglected child, or that there is | 13477 |
| reason to believe that either parent has acted in a manner | 13478 |
| resulting in a child being a neglected child, the court shall | 13479 |
| consider that fact against naming that parent the residential | 13480 |
| parent and against granting a shared parenting decree. When the | 13481 |
| court allocates parental rights and responsibilities for the care | 13482 |
| of children or determines whether to grant shared parenting in any | 13483 |
| proceeding, it shall consider whether either parent or any member | 13484 |
| of the household of either parent has been convicted of or pleaded | 13485 |
| guilty to a violation of section 2919.25 of the Revised Code or a | 13486 |
| sexually oriented offense involving a victim who at the time of | 13487 |
| the commission of the offense was a member of the family or | 13488 |
| household that is the subject of the proceeding, has been | 13489 |
| convicted of or pleaded guilty to any sexually oriented offense or | 13490 |
| other offense involving a victim who at the time of the commission | 13491 |
| of the offense was a member of the family or household that is the | 13492 |
| subject of the proceeding and caused physical harm to the victim | 13493 |
| in the commission of the offense, or has been determined to be the | 13494 |
| perpetrator of the abusive act that is the basis of an | 13495 |
| adjudication that a child is an abused child. If the court | 13496 |
| determines that either parent has been convicted of or pleaded | 13497 |
| guilty to a violation of section 2919.25 of the Revised Code or a | 13498 |
| sexually oriented offense involving a victim who at the time of | 13499 |
| the commission of the offense was a member of the family or | 13500 |
| household that is the subject of the proceeding, has been | 13501 |
| convicted of or pleaded guilty to any sexually oriented offense or | 13502 |
| other offense involving a victim who at the time of the commission | 13503 |
| of the offense was a member of the family or household that is the | 13504 |
| subject of the proceeding and caused physical harm to the victim | 13505 |
| in the commission of the offense, or has been determined to be the | 13506 |
| perpetrator of the abusive act that is the basis of an | 13507 |
| adjudication that a child is an abused child, it may designate | 13508 |
| that parent as the residential parent and may issue a shared | 13509 |
| parenting decree or order only if it determines that it is in the | 13510 |
| best interest of the child to name that parent the residential | 13511 |
| parent or to issue a shared parenting decree or order and it makes | 13512 |
| specific written findings of fact to support its determination. | 13513 |
| (D)(1)(a) Upon the filing of a pleading or motion by either | 13514 |
| parent or both parents, in accordance with division (G) of this | 13515 |
| section, requesting shared parenting and the filing of a shared | 13516 |
| parenting plan in accordance with that division, the court shall | 13517 |
| comply with division (D)(1)(a)(i), (ii), or (iii) of this section, | 13518 |
| whichever is applicable: | 13519 |
| (i) If both parents jointly make the request in their | 13520 |
| pleadings or jointly file the motion and also jointly file the | 13521 |
| plan, the court shall review the parents' plan to determine if it | 13522 |
| is in the best interest of the children. If the court determines | 13523 |
| that the plan is in the best interest of the children, the court | 13524 |
| shall approve it. If the court determines that the plan or any | 13525 |
| part of the plan is not in the best interest of the children, the | 13526 |
| court shall require the parents to make appropriate changes to the | 13527 |
| plan to meet the court's objections to it. If changes to the plan | 13528 |
| are made to meet the court's objections, and if the new plan is in | 13529 |
| the best interest of the children, the court shall approve the | 13530 |
| plan. If changes to the plan are not made to meet the court's | 13531 |
| objections, or if the parents attempt to make changes to the plan | 13532 |
| to meet the court's objections, but the court determines that the | 13533 |
| new plan or any part of the new plan still is not in the best | 13534 |
| interest of the children, the court may reject the portion of the | 13535 |
| parents' pleadings or deny their motion requesting shared | 13536 |
| parenting of the children and proceed as if the request in the | 13537 |
| pleadings or the motion had not been made. The court shall not | 13538 |
| approve a plan under this division unless it determines that the | 13539 |
| plan is in the best interest of the children. | 13540 |
| (ii) If each parent makes a request in the parent's pleadings | 13541 |
| or files a motion and each also files a separate plan, the court | 13542 |
| shall review each plan filed to determine if either is in the best | 13543 |
| interest of the children. If the court determines that one of the | 13544 |
| filed plans is in the best interest of the children, the court may | 13545 |
| approve the plan. If the court determines that neither filed plan | 13546 |
| is in the best interest of the children, the court may order each | 13547 |
| parent to submit appropriate changes to the parent's plan or both | 13548 |
| of the filed plans to meet the court's objections, or may select | 13549 |
| one of the filed plans and order each parent to submit appropriate | 13550 |
| changes to the selected plan to meet the court's objections. If | 13551 |
| changes to the plan or plans are submitted to meet the court's | 13552 |
| objections, and if any of the filed plans with the changes is in | 13553 |
| the best interest of the children, the court may approve the plan | 13554 |
| with the changes. If changes to the plan or plans are not | 13555 |
| submitted to meet the court's objections, or if the parents submit | 13556 |
| changes to the plan or plans to meet the court's objections but | 13557 |
| the court determines that none of the filed plans with the | 13558 |
| submitted changes is in the best interest of the children, the | 13559 |
| court may reject the portion of the parents' pleadings or deny | 13560 |
| their motions requesting shared parenting of the children and | 13561 |
| proceed as if the requests in the pleadings or the motions had not | 13562 |
| been made. If the court approves a plan under this division, | 13563 |
| either as originally filed or with submitted changes, or if the | 13564 |
| court rejects the portion of the parents' pleadings or denies | 13565 |
| their motions requesting shared parenting under this division and | 13566 |
| proceeds as if the requests in the pleadings or the motions had | 13567 |
| not been made, the court shall enter in the record of the case | 13568 |
| findings of fact and conclusions of law as to the reasons for the | 13569 |
| approval or the rejection or denial. Division (D)(1)(b) of this | 13570 |
| section applies in relation to the approval or disapproval of a | 13571 |
| plan under this division. | 13572 |
| (iii) If each parent makes a request in the parent's | 13573 |
| pleadings or files a motion but only one parent files a plan, or | 13574 |
| if only one parent makes a request in the parent's pleadings or | 13575 |
| files a motion and also files a plan, the court in the best | 13576 |
| interest of the children may order the other parent to file a plan | 13577 |
| for shared parenting in accordance with division (G) of this | 13578 |
| section. The court shall review each plan filed to determine if | 13579 |
| any plan is in the best interest of the children. If the court | 13580 |
| determines that one of the filed plans is in the best interest of | 13581 |
| the children, the court may approve the plan. If the court | 13582 |
| determines that no filed plan is in the best interest of the | 13583 |
| children, the court may order each parent to submit appropriate | 13584 |
| changes to the parent's plan or both of the filed plans to meet | 13585 |
| the court's objections or may select one filed plan and order each | 13586 |
| parent to submit appropriate changes to the selected plan to meet | 13587 |
| the court's objections. If changes to the plan or plans are | 13588 |
| submitted to meet the court's objections, and if any of the filed | 13589 |
| plans with the changes is in the best interest of the children, | 13590 |
| the court may approve the plan with the changes. If changes to the | 13591 |
| plan or plans are not submitted to meet the court's objections, or | 13592 |
| if the parents submit changes to the plan or plans to meet the | 13593 |
| court's objections but the court determines that none of the filed | 13594 |
| plans with the submitted changes is in the best interest of the | 13595 |
| children, the court may reject the portion of the parents' | 13596 |
| pleadings or deny the parents' motion or reject the portion of the | 13597 |
| parents' pleadings or deny their motions requesting shared | 13598 |
| parenting of the children and proceed as if the request or | 13599 |
| requests or the motion or motions had not been made. If the court | 13600 |
| approves a plan under this division, either as originally filed or | 13601 |
| with submitted changes, or if the court rejects the portion of the | 13602 |
| pleadings or denies the motion or motions requesting shared | 13603 |
| parenting under this division and proceeds as if the request or | 13604 |
| requests or the motion or motions had not been made, the court | 13605 |
| shall enter in the record of the case findings of fact and | 13606 |
| conclusions of law as to the reasons for the approval or the | 13607 |
| rejection or denial. Division (D)(1)(b) of this section applies in | 13608 |
| relation to the approval or disapproval of a plan under this | 13609 |
| division. | 13610 |
| (b) The approval of a plan under division (D)(1)(a)(ii) or | 13611 |
| (iii) of this section is discretionary with the court. The court | 13612 |
| shall not approve more than one plan under either division and | 13613 |
| shall not approve a plan under either division unless it | 13614 |
| determines that the plan is in the best interest of the children. | 13615 |
| If the court, under either division, does not determine that any | 13616 |
| filed plan or any filed plan with submitted changes is in the best | 13617 |
| interest of the children, the court shall not approve any plan. | 13618 |
| (c) Whenever possible, the court shall require that a shared | 13619 |
| parenting plan approved under division (D)(1)(a)(i), (ii), or | 13620 |
| (iii) of this section ensure the opportunity for both parents to | 13621 |
| have frequent and continuing contact with the child, unless | 13622 |
| frequent and continuing contact with any parent would not be in | 13623 |
| the best interest of the child. | 13624 |
| (d) If a court approves a shared parenting plan under | 13625 |
| division (D)(1)(a)(i), (ii), or (iii) of this section, the | 13626 |
| approved plan shall be incorporated into a final shared parenting | 13627 |
| decree granting the parents the shared parenting of the children. | 13628 |
| Any final shared parenting decree shall be issued at the same time | 13629 |
| as and shall be appended to the final decree of dissolution, | 13630 |
| divorce, annulment, or legal separation arising out of the action | 13631 |
| out of which the question of the allocation of parental rights and | 13632 |
| responsibilities for the care of the children arose. | 13633 |
| No provisional shared parenting decree shall be issued in | 13634 |
| relation to any shared parenting plan approved under division | 13635 |
| (D)(1)(a)(i), (ii), or (iii) of this section. A final shared | 13636 |
| parenting decree issued under this division has immediate effect | 13637 |
| as a final decree on the date of its issuance, subject to | 13638 |
| modification or termination as authorized by this section. | 13639 |
| (2) If the court finds, with respect to any child under | 13640 |
| eighteen years of age, that it is in the best interest of the | 13641 |
| child for neither parent to be designated the residential parent | 13642 |
| and legal custodian of the child, it may commit the child to a | 13643 |
| relative of the child or certify a copy of its findings, together | 13644 |
| with as much of the record and the further information, in | 13645 |
| narrative form or otherwise, that it considers necessary or as the | 13646 |
| juvenile court requests, to the juvenile court for further | 13647 |
| proceedings, and, upon the certification, the juvenile court has | 13648 |
| exclusive jurisdiction. | 13649 |
| (E)(1)(a) The court shall not modify a prior decree | 13650 |
| allocating parental rights and responsibilities for the care of | 13651 |
| children unless it finds, based on facts that have arisen since | 13652 |
| the prior decree or that were unknown to the court at the time of | 13653 |
| the prior decree, that a change has occurred in the circumstances | 13654 |
| of the child, the child's residential parent, or either of the | 13655 |
| parents subject to a shared parenting decree, and that the | 13656 |
| modification is necessary to serve the best interest of the child. | 13657 |
| In applying these standards, the court shall retain the | 13658 |
| residential parent designated by the prior decree or the prior | 13659 |
| shared parenting decree, unless a modification is in the best | 13660 |
| interest of the child and one of the following applies: | 13661 |
| (i) The residential parent agrees to a change in the | 13662 |
| residential parent or both parents under a shared parenting decree | 13663 |
| agree to a change in the designation of residential parent. | 13664 |
| (ii) The child, with the consent of the residential parent or | 13665 |
| of both parents under a shared parenting decree, has been | 13666 |
| integrated into the family of the person seeking to become the | 13667 |
| residential parent. | 13668 |
| (iii) The harm likely to be caused by a change of environment | 13669 |
| is outweighed by the advantages of the change of environment to | 13670 |
| the child. | 13671 |
| (b) One or both of the parents under a prior decree | 13672 |
| allocating parental rights and responsibilities for the care of | 13673 |
| children that is not a shared parenting decree may file a motion | 13674 |
| requesting that the prior decree be modified to give both parents | 13675 |
| shared rights and responsibilities for the care of the children. | 13676 |
| The motion shall include both a request for modification of the | 13677 |
| prior decree and a request for a shared parenting order that | 13678 |
| complies with division (G) of this section. Upon the filing of the | 13679 |
| motion, if the court determines that a modification of the prior | 13680 |
| decree is authorized under division (E)(1)(a) of this section, the | 13681 |
| court may modify the prior decree to grant a shared parenting | 13682 |
| order, provided that the court shall not modify the prior decree | 13683 |
| to grant a shared parenting order unless the court complies with | 13684 |
| divisions (A) and (D)(1) of this section and, in accordance with | 13685 |
| those divisions, approves the submitted shared parenting plan and | 13686 |
| determines that shared parenting would be in the best interest of | 13687 |
| the children. | 13688 |
| (2) In addition to a modification authorized under division | 13689 |
| (E)(1) of this section: | 13690 |
| (a) Both parents under a shared parenting decree jointly may | 13691 |
| modify the terms of the plan for shared parenting approved by the | 13692 |
| court and incorporated by it into the shared parenting decree. | 13693 |
| Modifications under this division may be made at any time. The | 13694 |
| modifications to the plan shall be filed jointly by both parents | 13695 |
| with the court, and the court shall include them in the plan, | 13696 |
| unless they are not in the best interest of the children. If the | 13697 |
| modifications are not in the best interests of the children, the | 13698 |
| court, in its discretion, may reject the modifications or make | 13699 |
| modifications to the proposed modifications or the plan that are | 13700 |
| in the best interest of the children. Modifications jointly | 13701 |
| submitted by both parents under a shared parenting decree shall be | 13702 |
| effective, either as originally filed or as modified by the court, | 13703 |
| upon their inclusion by the court in the plan. Modifications to | 13704 |
| the plan made by the court shall be effective upon their inclusion | 13705 |
| by the court in the plan. | 13706 |
| (b) The court may modify the terms of the plan for shared | 13707 |
| parenting approved by the court and incorporated by it into the | 13708 |
| shared parenting decree upon its own motion at any time if the | 13709 |
| court determines that the modifications are in the best interest | 13710 |
| of the children or upon the request of one or both of the parents | 13711 |
| under the decree. Modifications under this division may be made at | 13712 |
| any time. The court shall not make any modification to the plan | 13713 |
| under this division, unless the modification is in the best | 13714 |
| interest of the children. | 13715 |
| (c) The court may terminate a prior final shared parenting | 13716 |
| decree that includes a shared parenting plan approved under | 13717 |
| division (D)(1)(a)(i) of this section upon the request of one or | 13718 |
| both of the parents or whenever it determines that shared | 13719 |
| parenting is not in the best interest of the children. The court | 13720 |
| may terminate a prior final shared parenting decree that includes | 13721 |
| a shared parenting plan approved under division (D)(1)(a)(ii) or | 13722 |
| (iii) of this section if it determines, upon its own motion or | 13723 |
| upon the request of one or both parents, that shared parenting is | 13724 |
| not in the best interest of the children. If modification of the | 13725 |
| terms of the plan for shared parenting approved by the court and | 13726 |
| incorporated by it into the final shared parenting decree is | 13727 |
| attempted under division (E)(2)(a) of this section and the court | 13728 |
| rejects the modifications, it may terminate the final shared | 13729 |
| parenting decree if it determines that shared parenting is not in | 13730 |
| the best interest of the children. | 13731 |
| (d) Upon the termination of a prior final shared parenting | 13732 |
| decree under division (E)(2)(c) of this section, the court shall | 13733 |
| proceed and issue a modified decree for the allocation of parental | 13734 |
| rights and responsibilities for the care of the children under the | 13735 |
| standards applicable under divisions (A), (B), and (C) of this | 13736 |
| section as if no decree for shared parenting had been granted and | 13737 |
| as if no request for shared parenting ever had been made. | 13738 |
| (F)(1) In determining the best interest of a child pursuant | 13739 |
| to this section, whether on an original decree allocating parental | 13740 |
| rights and responsibilities for the care of children or a | 13741 |
| modification of a decree allocating those rights and | 13742 |
| responsibilities, the court shall consider all relevant factors, | 13743 |
| including, but not limited to: | 13744 |
| (a) The wishes of the child's parents regarding the child's | 13745 |
| care; | 13746 |
| (b) If the court has interviewed the child in chambers | 13747 |
| pursuant to division (B) of this section regarding the child's | 13748 |
| wishes and concerns as to the allocation of parental rights and | 13749 |
| responsibilities concerning the child, the wishes and concerns of | 13750 |
| the child, as expressed to the court; | 13751 |
| (c) The child's interaction and interrelationship with the | 13752 |
| child's parents, siblings, and any other person who may | 13753 |
| significantly affect the child's best interest; | 13754 |
| (d) The child's adjustment to the child's home, school, and | 13755 |
| community; | 13756 |
| (e) The mental and physical health of all persons involved in | 13757 |
| the situation; | 13758 |
| (f) The parent more likely to honor and facilitate | 13759 |
| court-approved parenting time rights or visitation and | 13760 |
| companionship rights; | 13761 |
| (g) Whether either parent has failed to make all child | 13762 |
| support payments, including all arrearages, that are required of | 13763 |
| that parent pursuant to a child support order under which that | 13764 |
| parent is an obligor; | 13765 |
| (h) Whether either parent or any member of the household of | 13766 |
| either parent previously has been convicted of or pleaded guilty | 13767 |
| to any criminal offense involving any act that resulted in a child | 13768 |
| being an abused child or a neglected child; whether either parent, | 13769 |
| in a case in which a child has been adjudicated an abused child or | 13770 |
| a neglected child, previously has been determined to be the | 13771 |
| perpetrator of the abusive or neglectful act that is the basis of | 13772 |
| an adjudication; whether either parent or any member of the | 13773 |
| household of either parent previously has been convicted of or | 13774 |
| pleaded guilty to a violation of section 2919.25 of the Revised | 13775 |
| Code or a sexually oriented offense involving a victim who at the | 13776 |
| time of the commission of the offense was a member of the family | 13777 |
| or household that is the subject of the current proceeding; | 13778 |
| whether either parent or any member of the household of either | 13779 |
| parent previously has been convicted of or pleaded guilty to any | 13780 |
| offense involving a victim who at the time of the commission of | 13781 |
| the offense was a member of the family or household that is the | 13782 |
| subject of the current proceeding and caused physical harm to the | 13783 |
| victim in the commission of the offense; and whether there is | 13784 |
| reason to believe that either parent has acted in a manner | 13785 |
| resulting in a child being an abused child or a neglected child; | 13786 |
| (i) Whether the residential parent or one of the parents | 13787 |
| subject to a shared parenting decree has continuously and | 13788 |
| willfully denied the other parent's right to parenting time in | 13789 |
| accordance with an order of the court; | 13790 |
| (j) Whether either parent has established a residence, or is | 13791 |
| planning to establish a residence, outside this state. | 13792 |
| (2) In determining whether shared parenting is in the best | 13793 |
| interest of the children, the court shall consider all relevant | 13794 |
| factors, including, but not limited to, the factors enumerated in | 13795 |
| division (F)(1) of this section, the factors enumerated in section | 13796 |
| 3119.23 of the Revised Code, and all of the following factors: | 13797 |
| (a) The ability of the parents to cooperate and make | 13798 |
| decisions jointly, with respect to the children; | 13799 |
| (b) The ability of each parent to encourage the sharing of | 13800 |
| love, affection, and contact between the child and the other | 13801 |
| parent; | 13802 |
| (c) Any history of, or potential for, child abuse, spouse | 13803 |
| abuse, other domestic violence, or parental kidnapping by either | 13804 |
| parent; | 13805 |
| (d) The geographic proximity of the parents to each other, as | 13806 |
| the proximity relates to the practical considerations of shared | 13807 |
| parenting; | 13808 |
| (e) The recommendation of the guardian ad litem of the child, | 13809 |
| if the child has a guardian ad litem. | 13810 |
| (3) When allocating parental rights and responsibilities for | 13811 |
| the care of children, the court shall not give preference to a | 13812 |
| parent because of that parent's financial status or condition. | 13813 |
| (G) Either parent or both parents of any children may file a | 13814 |
| pleading or motion with the court requesting the court to grant | 13815 |
| both parents shared parental rights and responsibilities for the | 13816 |
| care of the children in a proceeding held pursuant to division (A) | 13817 |
| of this section. If a pleading or motion requesting shared | 13818 |
| parenting is filed, the parent or parents filing the pleading or | 13819 |
| motion also shall file with the court a plan for the exercise of | 13820 |
| shared parenting by both parents. If each parent files a pleading | 13821 |
| or motion requesting shared parenting but only one parent files a | 13822 |
| plan or if only one parent files a pleading or motion requesting | 13823 |
| shared parenting and also files a plan, the other parent as | 13824 |
| ordered by the court shall file with the court a plan for the | 13825 |
| exercise of shared parenting by both parents. The plan for shared | 13826 |
| parenting shall be filed with the petition for dissolution of | 13827 |
| marriage, if the question of parental rights and responsibilities | 13828 |
| for the care of the children arises out of an action for | 13829 |
| dissolution of marriage, or, in other cases, at a time at least | 13830 |
| thirty days prior to the hearing on the issue of the parental | 13831 |
| rights and responsibilities for the care of the children. A plan | 13832 |
| for shared parenting shall include provisions covering all factors | 13833 |
| that are relevant to the care of the children, including, but not | 13834 |
| limited to, provisions covering factors such as physical living | 13835 |
| arrangements, child support obligations, provision for the | 13836 |
| children's medical and dental care, school placement, and the | 13837 |
| parent with which the children will be physically located during | 13838 |
| legal holidays, school holidays, and other days of special | 13839 |
| importance. | 13840 |
| (H) If an appeal is taken from a decision of a court that | 13841 |
| grants or modifies a decree allocating parental rights and | 13842 |
| responsibilities for the care of children, the court of appeals | 13843 |
| shall give the case calendar priority and handle it expeditiously. | 13844 |
| (I) Upon receipt of an order to active military service in | 13845 |
| the uniformed services, a parent who is subject to an order | 13846 |
| allocating parental rights and responsibilities or in relation to | 13847 |
| whom an action to allocate parental rights and responsibilities is | 13848 |
| pending and who is ordered to active military service shall notify | 13849 |
| the other parent who is subject to the order or in relation to | 13850 |
| whom the case is pending of the order to active military service. | 13851 |
| Either parent may apply to the court for a hearing to expedite an | 13852 |
| allocation or modification proceeding. The application shall | 13853 |
| include the date on which the active military service begins. | 13854 |
| The court shall schedule a hearing upon receipt of the | 13855 |
| application and hold the hearing not later than thirty days after | 13856 |
| receipt of the application, except that the court shall give the | 13857 |
| case calendar priority and handle the case expeditiously if | 13858 |
| exigent circumstances exist in the case. | 13859 |
| The court shall not modify a prior decree allocating parental | 13860 |
| rights and responsibilities unless the court determines by clear | 13861 |
| and convincing evidence that there has been a change in | 13862 |
| circumstances of the child, the child's residential parent, or | 13863 |
| either of the parents subject to a shared parenting decree, and | 13864 |
| that modification is necessary to serve the best interest of the | 13865 |
| child. The court shall not consider active military service in the | 13866 |
| uniformed services in determining whether a change in | 13867 |
| circumstances exists under this section. | 13868 |
| Nothing in this division shall prevent a court from issuing a | 13869 |
| temporary order allocating or modifying parental rights and | 13870 |
| responsibilities for the duration of the parent's active military | 13871 |
| service. | 13872 |
| (J) As used in this section: | 13873 |
| (1) "Abused child" has the same meaning as in section | 13874 |
| 2151.031 of the Revised Code | 13875 |
| (2) "Active military service" means the performance of active | 13876 |
| military duty by a member of the uniformed services for a period | 13877 |
| of more than thirty days. | 13878 |
| (3) "Neglected child" has the same meaning as in section | 13879 |
| 2151.03 of the Revised Code. | 13880 |
| | 13881 |
| section 2950.01 of the Revised Code. | 13882 |
| (5) "Uniformed services" means the United States armed | 13883 |
| forces, army national guard and air national guard when engaged in | 13884 |
| active duty for training, or the commissioned corps of the United | 13885 |
| States public health service. | 13886 |
| | 13887 |
| that the parents share, in the manner set forth in the plan for | 13888 |
| shared parenting that is approved by the court under division | 13889 |
|
(D)(1) and described in division | 13890 |
| some of the aspects of physical and legal care of their children. | 13891 |
| | 13892 |
| (1) A parent who is granted the care, custody, and control of | 13893 |
| a child under an order that was issued pursuant to this section | 13894 |
| prior to April 11, 1991, and that does not provide for shared | 13895 |
| parenting has "custody of the child" and "care, custody, and | 13896 |
| control of the child" under the order, and is the "residential | 13897 |
| parent," the "residential parent and legal custodian," or the | 13898 |
| "custodial parent" of the child under the order. | 13899 |
| (2) A parent who primarily is allocated the parental rights | 13900 |
| and responsibilities for the care of a child and who is designated | 13901 |
| as the residential parent and legal custodian of the child under | 13902 |
| an order that is issued pursuant to this section on or after April | 13903 |
| 11, 1991, and that does not provide for shared parenting has | 13904 |
| "custody of the child" and "care, custody, and control of the | 13905 |
| child" under the order, and is the "residential parent," the | 13906 |
| "residential parent and legal custodian," or the "custodial | 13907 |
| parent" of the child under the order. | 13908 |
| (3) A parent who is not granted custody of a child under an | 13909 |
| order that was issued pursuant to this section prior to April 11, | 13910 |
| 1991, and that does not provide for shared parenting is the | 13911 |
| "parent who is not the residential parent," the "parent who is not | 13912 |
| the residential parent and legal custodian," or the "noncustodial | 13913 |
| parent" of the child under the order. | 13914 |
| (4) A parent who is not primarily allocated the parental | 13915 |
| rights and responsibilities for the care of a child and who is not | 13916 |
| designated as the residential parent and legal custodian of the | 13917 |
| child under an order that is issued pursuant to this section on or | 13918 |
| after April 11, 1991, and that does not provide for shared | 13919 |
| parenting is the "parent who is not the residential parent," the | 13920 |
| "parent who is not the residential parent and legal custodian," or | 13921 |
| the "noncustodial parent" of the child under the order. | 13922 |
| (5) Unless the context clearly requires otherwise, if an | 13923 |
| order is issued by a court pursuant to this section and the order | 13924 |
| provides for shared parenting of a child, both parents have | 13925 |
| "custody of the child" or "care, custody, and control of the | 13926 |
| child" under the order, to the extent and in the manner specified | 13927 |
| in the order. | 13928 |
| (6) Unless the context clearly requires otherwise and except | 13929 |
| as otherwise provided in the order, if an order is issued by a | 13930 |
| court pursuant to this section and the order provides for shared | 13931 |
| parenting of a child, each parent, regardless of where the child | 13932 |
| is physically located or with whom the child is residing at a | 13933 |
| particular point in time, as specified in the order, is the | 13934 |
| "residential parent," the "residential parent and legal | 13935 |
| custodian," or the "custodial parent" of the child. | 13936 |
| (7) Unless the context clearly requires otherwise and except | 13937 |
| as otherwise provided in the order, a designation in the order of | 13938 |
| a parent as the residential parent for the purpose of determining | 13939 |
| the school the child attends, as the custodial parent for purposes | 13940 |
| of claiming the child as a dependent pursuant to section 152(e) of | 13941 |
| the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. | 13942 |
| 1, as amended, or as the residential parent for purposes of | 13943 |
| receiving public assistance pursuant to division (A)(2) of this | 13944 |
| section, does not affect the designation pursuant to division | 13945 |
| 13946 | |
| parent," the "residential parent and legal custodian," or the | 13947 |
| "custodial parent" of the child. | 13948 |
| | 13949 |
| an affidavit attesting as to whether the parent, and the members | 13950 |
| of the parent's household, have been convicted of or pleaded | 13951 |
| guilty to any of the offenses identified in divisions (C) and | 13952 |
| (F)(1)(h) of this section. | 13953 |
| Sec. 3109.041. (A) Parties to any custody decree issued | 13954 |
|
pursuant to section 3109.04 of the Revised Code prior to | 13955 |
| 13956 | |
| with the court that issued the decree requesting the issuance of a | 13957 |
| shared parenting decree in accordance with division (G) of section | 13958 |
| 3109.04 of the Revised Code. Upon the filing of the motion, the | 13959 |
| court shall determine whether to grant the parents shared rights | 13960 |
| and responsibilities for the care of the children in accordance | 13961 |
| with divisions (A), (D)(1), | 13962 |
| of the Revised Code. | 13963 |
| (B) A custody decree issued pursuant to section 3109.04 of | 13964 |
|
the Revised Code prior to | 13965 |
| April 11, 1991, that granted joint care, custody, and control of | 13966 |
| the children to the parents shall not be affected or invalidated | 13967 |
| by, and shall not be construed as being affected or invalidated | 13968 |
| by, the provisions of section 3109.04 of the Revised Code relative | 13969 |
| to the granting of a shared parenting decree or a decree | 13970 |
| allocating parental rights and responsibilities for the care of | 13971 |
| children on
and after | 13972 |
| 11,
1991.
The decree issued prior to | 13973 |
| 13974 | |
| subject to modification or termination pursuant to section 3109.04 | 13975 |
| of the
Revised Code as that section exists on and after | 13976 |
| 13977 |
| (C) As used in this section, "joint custody" and "joint care, | 13978 |
| custody, and control" have the same meaning as "shared parenting." | 13979 |
| Sec. 3119.022. When a court or child support enforcement | 13980 |
| agency calculates the amount of child support to be paid pursuant | 13981 |
| to a child support order in a proceeding in which one parent is | 13982 |
| the residential parent and legal custodian of all of the children | 13983 |
| who are the subject of the child support order or in which the | 13984 |
| court issues a shared parenting order, the court or agency shall | 13985 |
| use a worksheet identical in content and form to the following: | 13986 |
| 13987 |
| 13988 |
| Name of parties ................................................ | 13989 |
| Case No. ....................................................... | 13990 |
| Number of minor children ....................................... | 13991 |
| The following parent was designated as residential parent and | 13992 |
| legal custodian: ...... mother ...... father ...... shared | 13993 |
| Column I | Column II | Column III | 13994 | |||||
| Father | Mother | Combined | 13995 | |||||
| INCOME: | 13996 | |||||||
| 1.a. | Annual gross income from | 13997 | ||||||
| employment or, when | 13998 | |||||||
| determined appropriate | 13999 | |||||||
| by the court or agency, | 14000 | |||||||
| average annual gross income | 14001 | |||||||
| from employment over a | 14002 | |||||||
| reasonable period of years. | 14003 | |||||||
| (Exclude overtime, bonuses, | 14004 | |||||||
| self-employment income, or | 14005 | |||||||
| commissions)............... | $...... | $...... | 14006 | |||||
| b. | Amount of overtime, | 14007 | ||||||
| bonuses, and commissions | 14008 | |||||||
| (year 1 representing the | 14009 | |||||||
| most recent year) | 14010 | |||||||
| Father | Mother | 14011 | ||
| Yr. 3 $.......... | Yr. 3 $.......... | 14012 | ||
| (Three years ago) | (Three years ago) | 14013 | ||
| Yr. 2 $.......... | Yr. 2 $.......... | 14014 | ||
| (Two years ago) | (Two years ago) | 14015 | ||
| Yr. 1 $.......... | Yr. 1 $.......... | 14016 | ||
| (Last calendar year) | (Last calendar year) | 14017 | ||
| Average $......... | Average $......... | 14018 |
| (Include in Col. I and/or | 14019 | |||||||||
| Col. II the average of the | 14020 | |||||||||
| three years or the year 1 | 14021 | |||||||||
| amount, whichever is less, | 14022 | |||||||||
| if there exists a reasonable | 14023 | |||||||||
| expectation that the total | 14024 | |||||||||
| earnings from overtime and/or | 14025 | |||||||||
| bonuses during the current | 14026 | |||||||||
| calendar year will meet or | 14027 | |||||||||
| exceed the amount that is | 14028 | |||||||||
| the lower of the average | 14029 | |||||||||
| of the three years or the | 14030 | |||||||||
| year 1 amount. If, however, | 14031 | |||||||||
| there exists a reasonable | 14032 | |||||||||
| expectation that the total | 14033 | |||||||||
| earnings from overtime/ | 14034 | |||||||||
| bonuses during the current | 14035 | |||||||||
| calendar year will be less | 14036 | |||||||||
| than the lower of the average | 14037 | |||||||||
| of the 3 years or the year 1 | 14038 | |||||||||
| amount, include only the | 14039 | |||||||||
| amount reasonably expected | 14040 | |||||||||
| to be earned this year.)... | $...... | $...... | 14041 | |||||||
| 14042 | ||||||||||
| 2. | For self-employment income: | 14043 | ||||||||
| a. | Gross receipts from | 14044 | ||||||||
| business................... | $...... | $...... | 14045 | |||||||
| b. | Ordinary and necessary | 14046 | ||||||||
| business expenses.......... | $...... | $...... | 14047 | |||||||
| c. | 5.6% of adjusted gross | 14048 | ||||||||
| income or the actual | 14049 | |||||||||
| marginal difference between | 14050 | |||||||||
| the actual rate paid by the | 14051 | |||||||||
| self-employed individual | 14052 | |||||||||
| and the F.I.C.A. rate ..... | $...... | $...... | 14053 | |||||||
| d. | Adjusted gross income from | 14054 | ||||||||
| self-employment (subtract | 14055 | |||||||||
| the sum of 2b and 2c from | 14056 | |||||||||
| 2a)........................ | $...... | $...... | 14057 | |||||||
| 14058 | ||||||||||
| 3. | Annual income from interest | 14059 | ||||||||
| and dividends (whether or | 14060 | |||||||||
| not taxable)............... | $...... | $...... | 14061 | |||||||
| 14062 | ||||||||||
| 4. | Annual income from | 14063 | ||||||||
| unemployment compensation... | $...... | $...... | 14064 | |||||||
| 14065 | ||||||||||
| 5. | Annual income from workers' | 14066 | ||||||||
| compensation, disability | 14067 | |||||||||
| insurance benefits, or social | 14068 | |||||||||
| security disability/ | 14069 | |||||||||
| retirement benefits........ | $...... | $...... | 14070 | |||||||
| 14071 | ||||||||||
| 6. | Other annual income | 14072 | ||||||||
| (identify)................. | $...... | $...... | 14073 | |||||||
| 14074 | ||||||||||
| 7.a. | Total annual gross income | 14075 | ||||||||
| (add lines 1a, 1b, 2d, and | 14076 | |||||||||
| 3-6)....................... | $...... | $...... | 14077 | |||||||
| b. | Health care maximum (multiply | 14078 | ||||||||
| line 7a by 5%) | $...... | $...... | 14079 | |||||||
| 14080 | ||||||||||
| ADJUSTMENTS TO INCOME: | 14081 | |||||||||
| 8. | Adjustment for minor children | 14082 | ||||||||
| born to or adopted by either | 14083 | |||||||||
| parent and another parent who | 14084 | |||||||||
| are living with this parent; | 14085 | |||||||||
| adjustment does not apply | 14086 | |||||||||
| to stepchildren (number of | 14087 | |||||||||
| children times federal income | 14088 | |||||||||
| tax exemption less child | 14089 | |||||||||
| support received, not to | 14090 | |||||||||
| exceed the federal tax | 14091 | |||||||||
| exemption)................. | $...... | $...... | 14092 | |||||||
| 14093 | ||||||||||
| 9. | Annual court-ordered support | 14094 | ||||||||
| paid for other children.... | $...... | $...... | 14095 | |||||||
| 14096 | ||||||||||
| 10. | Annual court-ordered spousal | 14097 | ||||||||
| support paid to any spouse | 14098 | |||||||||
| or former spouse........... | $...... | $...... | 14099 | |||||||
| 14100 | ||||||||||
| 11. | Amount of local income taxes | 14101 | ||||||||
| actually paid or estimated | 14102 | |||||||||
| to be paid................. | $...... | $...... | 14103 | |||||||
| 14104 | ||||||||||
| 12. | Mandatory work-related | 14105 | ||||||||
| deductions such as union | 14106 | |||||||||
| dues, uniform fees, etc. | 14107 | |||||||||
| (not including taxes, social | 14108 | |||||||||
| security, or retirement)... | $...... | $...... | 14109 | |||||||
| 14110 | ||||||||||
| 13. | Total gross income | 14111 | ||||||||
| adjustments (add lines | 14112 | |||||||||
| 8 through 12).............. | $...... | $...... | 14113 | |||||||
| 14114 | ||||||||||
| 14. | Adjusted annual gross | 14115 | ||||||||
| income (subtract line 13 | 14116 | |||||||||
| from line 7a).............. | $...... | $...... | 14117 | |||||||
| 14118 | ||||||||||
| 15. | Combined annual income that | 14119 | ||||||||
| is basis for child support | 14120 | |||||||||
| order (add line 14, Col. I | 14121 | |||||||||
| and Col. II)................ | $...... | 14122 | ||||||||
| 14123 | ||||||||||
| 16. | Percentage of parent's | 14124 | ||||||||
| income to total income | 14125 | |||||||||
| a. | Father (divide line 14, | 14126 | ||||||||
| Col. I, by line 15, Col. | 14127 | |||||||||
| III).......................% | 14128 | |||||||||
| b. | Mother (divide line 14, | 14129 | ||||||||
| Col. II, by line 15, Col. | 14130 | |||||||||
| III).......................% | 14131 | |||||||||
| 14132 | ||||||||||
| 17. | Basic combined child | 14133 | ||||||||
| support obligation (refer | 14134 | |||||||||
| to schedule, first column, | 14135 | |||||||||
| locate the amount nearest | 14136 | |||||||||
| to the amount on line 15, | 14137 | |||||||||
| Col. III, then refer to | 14138 | |||||||||
| column for number of | 14139 | |||||||||
| children in this family. | 14140 | |||||||||
| If the income of the | 14141 | |||||||||
| parents is more than one | 14142 | |||||||||
| sum but less than another, | 14143 | |||||||||
| you may calculate the | 14144 | |||||||||
| difference.)............... | $...... | 14145 | ||||||||
| 14146 | ||||||||||
| 18. | Annual support obligation per parent | 14147 | ||||||||
| a. | Father (multiply line 17, | 14148 | ||||||||
| Col. III, by line 16a)..... | $...... | 14149 | ||||||||
| b. | Mother (multiply line 17, | 14150 | ||||||||
| Col. III, by line 16b)..... | $...... | 14151 | ||||||||
| 14152 | ||||||||||
| 19. | Annual child care expenses | 14153 | ||||||||
| for children who are the | 14154 | |||||||||
| subject of this order that | 14155 | |||||||||
| are work-, employment | 14156 | |||||||||
| training-, or education- | 14157 | |||||||||
| related, as approved by | 14158 | |||||||||
| the court or agency | 14159 | |||||||||
| (deduct tax credit from | 14160 | |||||||||
| annual cost, whether or | 14161 | |||||||||
| not claimed).............. | $...... | $...... | 14162 | |||||||
| 14163 | ||||||||||
| 20. | 14164 | |||||||||
| 14165 | ||||||||||
| 14166 | ||||||||||
| 14167 | ||||||||||
| 14168 | ||||||||||
| Actual out-of-pocket | 14169 | |||||||||
| health insurance cost | 14170 | |||||||||
| to parent for the children | 14171 | |||||||||
| who are the subject of | 14172 | |||||||||
| this order, if the parent | 14173 | |||||||||
| is ordered to provide | 14174 | |||||||||
| health insurance ........ | $...... | $...... | 14175 | |||||||
| 14176 | ||||||||||
| 21. | ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED: | 14177 | ||||||||
| Father (only if obligor | Mother (only if obligor | 14178 | |||||
| or shared parenting) | or shared parenting) | 14179 | |||||
| a. | Additions: line 16a | b. | Additions: line 16b | 14180 | |||
| times sum of amounts | times sum of amounts | 14181 | |||||
| shown on line 19, Col. II | shown on line 19, Col. I | 14182 | |||||
| and line 20, Col. II | and line 20, Col. I | 14183 | |||||
| $...................... | $...................... | 14184 | |||||
| c. | Subtractions: line 16b | d. | Subtractions: line 16a | 14185 | |||
| times sum of amounts | times sum of amounts | 14186 | |||||
| shown on line 19, Col. I | shown on line 19, Col. II | 14187 | |||||
| and line 20, Col. I | and line 20, Col. II | 14188 | |||||
| $....................... | $....................... | 14189 |
| 14190 | |||||||||
| 22. | OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED: | 14191 | |||||||
| a. | Father: line 18a plus or | 14192 | |||||||
| minus the difference between | 14193 | ||||||||
| line 21a minus line 21c | 14194 | ||||||||
| $...... | 14195 | ||||||||
| b. | Mother: line 18b plus or | 14196 | |||||||
| minus the difference between | 14197 | ||||||||
| line 21b minus line 21d | 14198 | ||||||||
| $...... | 14199 | ||||||||
| 14200 | |||||||||
| 23. | ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS PROVIDED: | 14201 | |||||||
| a. | (Line 22a or 22b, whichever | 14202 | |||||||
| line corresponds to the | 14203 | ||||||||
| parent who is the obligor). | $...... | 14204 | |||||||
| b. | Any non-means-tested | 14205 | |||||||
| benefits, including social | 14206 | ||||||||
| security and veterans' | 14207 | ||||||||
| benefits, paid to and | 14208 | ||||||||
| received by a child or a | 14209 | ||||||||
| person on behalf of the | 14210 | ||||||||
| child due to death, | 14211 | ||||||||
| disability, or retirement | 14212 | ||||||||
| of the parent............... | $...... | 14213 | |||||||
| c. | Actual annual obligation | 14214 | |||||||
| (subtract line 23b from | 14215 | ||||||||
| line 23a)................... | $...... | 14216 | |||||||
| 14217 | |||||||||
| 24. | ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED: | 14218 | |||||||
| Father (only if obligor | Mother (only if obligor | 14219 | |||||
| or shared parenting) | or shared parenting) | 14220 | |||||
| a. | Additions: line 16a times | b. | Additions: line 16b times | 14221 | |||
| amount shown on line 19, | amount shown on line 19, | 14222 | |||||
| Col. II | Col. I | 14223 | |||||
| $...................... | $...................... | 14224 | |||||
| c. | Subtractions: line 16b | d. | Subtractions: line 16a | 14225 | |||
| times amount shown on | times amount shown on | 14226 | |||||
| line 19, Col. I | line 19, Col. II | 14227 | |||||
| $....................... | $....................... | 14228 | |||||
| 14229 |
| 25. | OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT | 14230 | ||||||
| WHEN HEALTH INSURANCE IS NOT PROVIDED: | 14231 | |||||||
| a. | Father: line 18a plus or minus the difference between line 24a minus line 24c | 14232 | ||||||
| $...... | 14233 | |||||||
| b. | Mother: line 18b plus or minus the difference between line 24b and 24d | 14234 | ||||||
| $...... | 14235 | |||||||
| 14236 | ||||||||
| 26. | ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS NOT PROVIDED: | 14237 | ||||||
| a. | (Line 25a or 25b, whichever line corresponds to the parent who is the | 14238 | ||||||
| obligor) | $...... | 14239 | ||||||
| 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 | 14240 | ||||||
| parent | $...... | 14241 | ||||||
| c. | Actual annual obligation (subtract line 26b from line | 14242 | ||||||
| 26a | $...... | 14243 | ||||||
| 14244 | |||
| 27.a. | Deviation from sole residential parent support amount shown | 14245 | |
| on line 23c if amount would be unjust or inappropriate: (see | 14246 | ||
| section 3119.23 of the Revised Code.) (Specific facts and | 14247 | ||
| monetary value must be stated.) | 14248 | ||
| 14249 | |||
| 14250 | |||
| 14251 | |||
| 14252 | |||
| b. | Deviation from shared parenting order: (see sections 3119.23 | 14253 | |
| and 3119.24 of the Revised Code.) (Specific facts including | 14254 | ||
| amount of time children spend with each parent, ability of | 14255 | ||
| each parent to maintain adequate housing for children, and | 14256 | ||
| each parent's expenses for children must be stated to justify | 14257 | ||
| deviation.) | 14258 | ||
| 14259 | |||
| 14260 | |||
| 14261 | |||
| 14262 |
| WHEN HEALTH INSURANCE IS PROVIDED | WHEN HEALTH INSURANCE IS NOT PROVIDED | 14263 | ||||||
| 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 |
14264 | |||||||
| $...... | $...... | Father/Mother, OBLIGOR | 14265 | |||||
| 14266 | ||||||||
| FOR DECREE: Child support per month (divide obligor's annual share, line |
14267 | |||||||
| $...... | $...... | 14268 | ||||||
| 14269 | ||||||||
| 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 | 14270 | ||||||
| line 7b | $...... | 14271 | ||||||
| 14272 | ||||||||
| 31. | FOR DECREE: Cash medical support per month (divide | 14273 | ||||||
| line 30 by 12) | $...... | 14274 |
| Prepared by: | 14275 | |||
| Counsel: .................... | Pro se: ................. | 14276 | ||
| (For mother/father) | 14277 | |||
| CSEA: ....................... | Other: .................. | 14278 |
| 14279 |
| ........................... | ........................... | 14280 | ||
| Mother | Date | 14281 | ||
| ........................... | ........................... | 14282 | ||
| Father | Date | 14283 |
| Sec. 3119.023. When a court or child support enforcement | 14284 |
| agency calculates the amount of child support to be paid pursuant | 14285 |
| to a court child support order in a proceeding in which the | 14286 |
| parents have split parental rights and responsibilities with | 14287 |
| respect to the children who are the subject of the child support | 14288 |
| order, the court or child support enforcement agency shall use a | 14289 |
| worksheet that is identical in content and form to the following: | 14290 |
| 14291 |
| 14292 |
| Name of parties ................................................ | 14293 |
| Case No. ....................................................... | 14294 |
| Number of minor children ....................................... | 14295 |
| Number of minor children with mother .......... father ......... | 14296 |
| Column I | Column II | Column III | 14297 | |||||
| Father | Mother | Combined | 14298 | |||||
| INCOME: | 14299 | |||||||
| 1.a. | Annual gross income from | 14300 | ||||||
| employment or, when | 14301 | |||||||
| determined appropriate | 14302 | |||||||
| by the court or agency, | 14303 | |||||||
| average annual gross income | 14304 | |||||||
| from employment over a | 14305 | |||||||
| reasonable period of years. | 14306 | |||||||
| (Exclude overtime, bonuses, | 14307 | |||||||
| self-employment income, or | 14308 | |||||||
| commissions)............... | $...... | $...... | 14309 | |||||
| b. | Amount of overtime, | 14310 | ||||||
| bonuses, and commissions | 14311 | |||||||
| (year 1 representing the | 14312 | |||||||
| most recent year) | 14313 | |||||||
| Father | Mother | 14314 | ||
| Yr. 3 $.......... | Yr. 3 $.......... | 14315 | ||
| (Three years ago) | (Three years ago) | 14316 | ||
| Yr. 2 $.......... | Yr. 2 $.......... | 14317 | ||
| (Two years ago) | (Two years ago) | 14318 | ||
| Yr. 1 $.......... | Yr. 1 $.......... | 14319 | ||
| (Last calendar year) | (Last calendar year) | 14320 | ||
| Average $.......... | $............ | 14321 |
| (Include in Col. I and/or | 14322 | |||||||
| Col. II the average of the | 14323 | |||||||
| three years or the year 1 | 14324 | |||||||
| amount, whichever is less, | 14325 | |||||||
| if there exists a reasonable | 14326 | |||||||
| expectation that the total | 14327 | |||||||
| earnings from overtime and/or | 14328 | |||||||
| bonuses during the current | 14329 | |||||||
| calendar year will meet or | 14330 | |||||||
| exceed the amount that is | 14331 | |||||||
| the lower of the average | 14332 | |||||||
| of the three years or the | 14333 | |||||||
| year 1 amount. If, however, | 14334 | |||||||
| there exists a reasonable | 14335 | |||||||
| expectation that the total | 14336 | |||||||
| earnings from overtime/ | 14337 | |||||||
| bonuses during the current | 14338 | |||||||
| calendar year will be less | 14339 | |||||||
| than the lower of the average | 14340 | |||||||
| of the 3 years or the year 1 | 14341 | |||||||
| amount, include only the | 14342 | |||||||
| amount reasonably expected | 14343 | |||||||
| to be earned this year.)... | $...... | $...... | 14344 | |||||
| 14345 | ||||||||
| 2. | For self-employment income | 14346 | ||||||
| a. | Gross receipts from | 14347 | ||||||
| business................... | $...... | $...... | 14348 | |||||
| b. | Ordinary and necessary | 14349 | ||||||
| business expenses.......... | $...... | $...... | 14350 | |||||
| c. | 5.6% of adjusted gross | 14351 | ||||||
| income or the actual | 14352 | |||||||
| marginal difference between | 14353 | |||||||
| the actual rate paid by the | 14354 | |||||||
| self-employed individual | 14355 | |||||||
| and the F.I.C.A. rate ..... | $...... | $...... | 14356 | |||||
| d. | Adjusted gross income from | 14357 | ||||||
| self-employment (subtract | 14358 | |||||||
| the sum of 2b and 2c from | 14359 | |||||||
| 2a)........................ | $...... | $...... | 14360 | |||||
| 14361 | ||||||||
| 3. | Annual income from interest | 14362 | ||||||
| and dividends (whether or | 14363 | |||||||
| not taxable)............... | $...... | $...... | 14364 | |||||
| 14365 | ||||||||
| 4. | Annual income from | 14366 | ||||||
| unemployment compensation... | $...... | $...... | 14367 | |||||
| 14368 | ||||||||
| 5. | Annual income from workers' | 14369 | ||||||
| compensation, disability | 14370 | |||||||
| insurance benefits or social | 14371 | |||||||
| security disability | 14372 | |||||||
| retirement benefits........ | $...... | $...... | 14373 | |||||
| 14374 | ||||||||
| 6. | Other annual income | 14375 | ||||||
| (identify)................. | $...... | $...... | 14376 | |||||
| 14377 | ||||||||
| 7.a. | Total annual gross income | 14378 | ||||||
| (add lines 1a, 1b, 2d, and | 14379 | |||||||
| 3-6)....................... | $...... | $...... | 14380 | |||||
| b. | Health care maximum | 14381 | ||||||
| (multiply line 7a | 14382 | |||||||
| by 5%) | $...... | $...... | 14383 | |||||
| 14384 | ||||||||
| ADJUSTMENTS TO INCOME: | 14385 | |||||||
| 8. | Adjustment for minor children | 14386 | ||||||
| born to or adopted by either | 14387 | |||||||
| parent and another parent who | 14388 | |||||||
| are living with this parent; | 14389 | |||||||
| adjustment does not apply | 14390 | |||||||
| to stepchildren (number of | 14391 | |||||||
| children times federal income | 14392 | |||||||
| tax exemption less child | 14393 | |||||||
| support received, not to | 14394 | |||||||
| exceed the federal tax | 14395 | |||||||
| exemption)................. | $...... | $...... | 14396 | |||||
| 14397 | ||||||||
| 9. | Annual court-ordered support | 14398 | ||||||
| paid for other children.... | $...... | $...... | 14399 | |||||
| 14400 | ||||||||
| 10. | Annual court-ordered spousal | 14401 | ||||||
| support paid to any spouse | 14402 | |||||||
| or former spouse........... | $...... | $...... | 14403 | |||||
| 14404 | ||||||||
| 11. | Amount of local income taxes | 14405 | ||||||
| actually paid or estimated | 14406 | |||||||
| to be paid................. | $...... | $...... | 14407 | |||||
| 14408 | ||||||||
| 12. | Mandatory work-related | 14409 | ||||||
| deductions such as union | 14410 | |||||||
| dues, uniform fees, etc. | 14411 | |||||||
| (not including taxes, social | 14412 | |||||||
| security, or retirement)... | $...... | $...... | 14413 | |||||
| 14414 | ||||||||
| 13. | Total gross income | 14415 | ||||||
| adjustments (add lines | 14416 | |||||||
| 8 through 12).............. | $...... | $...... | 14417 | |||||
| 14418 | ||||||||
| 14. | Adjusted annual gross | 14419 | ||||||
| income (subtract line 13 | 14420 | |||||||
| from 7a).................... | $...... | $...... | 14421 | |||||
| 14422 | ||||||||
| 15. | Combined annual income that | 14423 | ||||||
| is basis for child support | 14424 | |||||||
| order (add line 14, Col. I | 14425 | |||||||
| and Col. II)................ | $...... | 14426 | ||||||
| 14427 | ||||||||
| 16. | Percentage of parent's | 14428 | ||||||
| income to total income | 14429 | |||||||
| a. | Father (divide line 14, | 14430 | ||||||
| Col. I, by line 15, Col. | 14431 | |||||||
| III).......................% | 14432 | |||||||
| b. | Mother (divide line 14, | 14433 | ||||||
| Col. II, by line 15, Col. | 14434 | |||||||
| III).......................% | 14435 | |||||||
| 14436 | ||||||||
| 17. | Basic combined child | 14437 | ||||||
| support obligation (refer | 14438 | |||||||
| to schedule, first column, | 14439 | |||||||
| locate the amount nearest | 14440 | |||||||
| to the amount on line 15, | 14441 | |||||||
| Col. III, then refer to | 14442 | |||||||
| column for number of | 14443 | |||||||
| children with this parent. | 14444 | |||||||
| If the income of the | 14445 | |||||||
| parents is more than one | 14446 | |||||||
| sum but less than another, | 14447 | |||||||
| you may calculate the | 14448 | |||||||
| difference)................ | 14449 | |||||||
| 14450 | ||||||||
| For children | For children | 14451 | |||
| for whom the | for whom the | 14452 | |||
| mother is the | father is the | 14453 | |||
| residential | residential | 14454 | |||
| parent and | parent and | 14455 | |||
| legal custodian | legal custodian | 14456 | |||
| $............ | $............ | 14457 |
| 14458 | ||||||||
| 18. | Annual support obligation per parent | 14459 | ||||||
| a. | Of father for children for | 14460 | ||||||
| whom mother is the | 14461 | |||||||
| residential parent and | 14462 | |||||||
| legal custodian (multiply | 14463 | |||||||
| line 17, Col. I, by line | 14464 | |||||||
| 16a)....................... | $...... | 14465 | ||||||
| b. | Of mother for children for | 14466 | ||||||
| whom the father is the | 14467 | |||||||
| residential parent and | 14468 | |||||||
| legal custodian (multiply | 14469 | |||||||
| line 17, Col. II, by line | 14470 | |||||||
| 16b)....................... | $...... | 14471 | ||||||
| 14472 | ||||||||
| 19. | Annual child care expenses | 14473 | ||||||
| for children who are the | 14474 | |||||||
| subject of this order that | 14475 | |||||||
| are work-, employment | 14476 | |||||||
| training-, or education- | 14477 | |||||||
| related, as approved by | 14478 | |||||||
| the court or agency | 14479 | |||||||
| (deduct tax credit from | 14480 | |||||||
| annual cost whether or | 14481 | |||||||
| not claimed)............... | Paid by | Paid by | 14482 | |||||
| father | mother | 14483 | ||||||
| $...... | $...... | 14484 | ||||||
| 14485 | ||||||||
| 20. | 14486 | |||||||
| 14487 | ||||||||
| 14488 | ||||||||
| 14489 | ||||||||
| 14490 | ||||||||
| 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 | 14491 | |||||||
| insurance | Paid by | Paid by | 14492 | |||||
| father | mother | 14493 | ||||||
| $...... | $...... | 14494 | ||||||
| 14495 | ||||||||
| 21. | ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED: | 14496 | ||||||
| Father | Mother | 14497 | |||||
| a. | Additions: line 16a | b. | Additions: line 16b | 14498 | |||
| times sum of amounts | times sum of amounts | 14499 | |||||
| shown on line 19, Col. II | shown on line 19, Col. I | 14500 | |||||
| and line 20, Col. II | and line 20, Col. I | 14501 | |||||
| $...................... | $...................... | 14502 | |||||
| c. | Subtractions: line 16b | d. | Subtractions: line 16a | 14503 | |||
| times sum of amounts | times sum of amounts | 14504 | |||||
| shown on line 19, Col. I | shown on line 19, Col. II | 14505 | |||||
| and line 20, Col. I | and line 20, Col. II | 14506 | |||||
| $....................... | $....................... | 14507 |
| 14508 | ||||||||
| 22. | ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS PROVIDED: | 14509 | ||||||
| a. | Father: line 18a plus line | 14510 | ||||||
| 21a minus line 21c (if the | 14511 | |||||||
| amount on line 21c is | 14512 | |||||||
| greater than or equal to | 14513 | |||||||
| the amount on line 21a-- | 14514 | |||||||
| enter the number on line | 14515 | |||||||
| 18a in Col. I).............. | $...... | 14516 | ||||||
| b. | Any non-means-tested | 14517 | ||||||
| benefits, including social | 14518 | |||||||
| security and veterans' | 14519 | |||||||
| benefits, paid to and | 14520 | |||||||
| received by children for | 14521 | |||||||
| whom the mother is the | 14522 | |||||||
| residential parent and | 14523 | |||||||
| legal custodian or a person | 14524 | |||||||
| on behalf of those children | 14525 | |||||||
| due to death, disability, | 14526 | |||||||
| or retirement of the | 14527 | |||||||
| father..................... | $...... | 14528 | ||||||
| c. | Actual annual obligation of | 14529 | ||||||
| father (subtract line 22b | 14530 | |||||||
| from line 22a)............. | $...... | 14531 | ||||||
| d. | Mother: line 18b plus line | 14532 | ||||||
| 21b minus line 21d (if the | 14533 | |||||||
| amount on line 21d is | 14534 | |||||||
| greater than or equal to | 14535 | |||||||
| the amount on line | 14536 | |||||||
| 21b--enter the number on | 14537 | |||||||
| line 18b in Col. II)....... | $...... | 14538 | ||||||
| e. | Any non-means-tested | 14539 | ||||||
| benefits, including social | 14540 | |||||||
| security and veterans' | 14541 | |||||||
| benefits, paid to and | 14542 | |||||||
| received by children for | 14543 | |||||||
| whom the father is the | 14544 | |||||||
| residential parent and | 14545 | |||||||
| legal custodian or a person | 14546 | |||||||
| on behalf of those children | 14547 | |||||||
| due to death, disability, | 14548 | |||||||
| or retirement of the | 14549 | |||||||
| mother...................... | $...... | 14550 | ||||||
| f. | Actual annual obligation | 14551 | ||||||
| of mother (subtract line 22e | 14552 | |||||||
| from line 22d).............. | $...... | 14553 | ||||||
| g. | Actual annual obligation | 14554 | ||||||
| payable (subtract lesser | 14555 | |||||||
| actual annual obligation | 14556 | |||||||
| from greater actual annual | 14557 | |||||||
| obligation using amounts in | 14558 | |||||||
| lines 22c and 22f to | 14559 | |||||||
| determine net child support | 14560 | |||||||
| payable).................... | $...... | $...... | 14561 | |||||
| 14562 | ||||||||
| 23. | ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED: | 14563 | ||||||
| Father | Mother | 14564 | |||||
| a. | Additions: line 16a times amount shown on line 19, Col. II | b. | Additions: line 16b times amount shown on line 19, Col. I | 14565 | |||
| $.......... | $.......... | 14566 | |||||
| c. | Subtractions: line 16b times amount shown on line 19, Col. I | d. | Subtractions: line 16a times amount shown on line 19, Col. II | 14567 | |||
| $.......... | $.......... | 14568 |
| 14569 | ||||||||
| 24. | ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS NOT PROVIDED: | 14570 | ||||||
| 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 | 14571 | ||||||
| Col. I) | $...... | 14572 | ||||||
| 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 | 14573 | ||||||
| retirement of the father | $...... | 14574 | ||||||
| c. | Actual annual obligation of the father (subtract line 24b | 14575 | ||||||
| from line 24a) | $...... | 14576 | ||||||
| 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) | 14577 | ||||||
| $...... | 14578 | |||||||
| 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 | 14579 | ||||||
| $...... | 14580 | |||||||
| f. | Actual annual obligation of the mother (subtract line 24e | 14581 | ||||||
| from line 24d) | $...... | 14582 | ||||||
| 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) | 14583 | ||||||
| $...... | $...... | 14584 | ||||||
| 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 | 14585 | ||||||
| $...... | $...... | 14586 | ||||||
| 14587 | |||
| 25. | Deviation from split residential parent guideline amount shown on line 22c |
14588 | |
| 14589 | |||
| 14590 | |||
| 14591 | |||
| 14592 |
| WHEN HEALTH INSURANCE IS PROVIDED | WHEN HEALTH INSURANCE IS NOT PROVIDED | 14593 | ||||||
| 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 |
14594 | |||||||
| $...... | $...... | Father/Mother, OBLIGOR | 14595 | |||||
| 14596 | ||||||||
| FOR DECREE: Child support per month (divide obligor's annual share, line |
14597 | |||||||
| $...... | $...... | 14598 | ||||||
| 14599 | ||||||||
| 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) | 14600 | ||||||
| $...... | 14601 | |||||||
| 14602 | ||||||||
| 29. | FOR DECREE: Cash medical support per month (divide line 28 by 12) | 14603 | ||||||
| $...... | 14604 |
| Prepared by: | 14605 | |||
| Counsel: .................... | Pro se: ................. | 14606 | ||
| (For mother/father) | 14607 | |||
| CSEA: ....................... | Other: .................. | 14608 |
| 14609 |
| ........................... | ........................... | 14610 | ||
| Mother | Date | 14611 | ||
| ........................... | ........................... | 14612 | ||
| Father | Date | 14613 |
| Sec. 3119.27. (A) A court that issues or modifies a court | 14614 |
| support order, or an administrative agency that issues or modifies | 14615 |
| an administrative child support order, shall impose on the obligor | 14616 |
| under the support order a processing charge that is the greater of | 14617 |
| two per cent of the support payment to be collected under a | 14618 |
| support order or one dollar per month. No court or agency may call | 14619 |
| the charge a poundage fee. | 14620 |
| (B) In each child support case that is a Title IV-D case, the | 14621 |
| department of job and family services shall claim twenty-five | 14622 |
| dollars from the processing charge described in division (A) of | 14623 |
| this section for federal reporting purposes if the obligee has | 14624 |
| never received assistance under Title IV-A and the department has | 14625 |
| collected at least five hundred dollars of child support for the | 14626 |
| obligee. The director of job and family services shall adopt rules | 14627 |
| under Chapter 119. of the Revised Code to implement this division, | 14628 |
| and the department shall implement this division not later than | 14629 |
| March 31, 2008. | 14630 |
| (C) As used in this section: | 14631 |
| (1) "Annual" means the period as defined in regulations | 14632 |
| issued by the United States secretary of health and human services | 14633 |
| to implement the Deficit Reduction Act of 2005 (P.L. 109-171). | 14634 |
| (2) "Title IV-A" has the same meaning as in section 5107.02 | 14635 |
| of the Revised Code. | 14636 |
| (3) "Title IV-D case" has the same meaning as in section | 14637 |
| 3125.01 of the Revised Code. | 14638 |
| Sec. 3119.29. (A) As used in this section and sections | 14639 |
| 3119.30 to 3119.56 of the Revised Code: | 14640 |
| | 14641 |
| paid in a child support order toward the cost of health insurance | 14642 |
| provided by a public entity, another parent, or person with whom | 14643 |
| the child resides, through employment or otherwise, or for other | 14644 |
| medical cost not covered by insurance. | 14645 |
| (2) "Federal poverty line" has the same meaning as defined in | 14646 |
| section 5104.01 of the Revised Code. | 14647 |
| (3) "Health care" means such medical support that includes | 14648 |
| coverage under a health insurance plan, payment of costs of | 14649 |
| premiums, co-payments, and deductibles, or payment for medical | 14650 |
| expenses incurred on behalf of the child. | 14651 |
| (4) "Health insurance coverage" means accessible health | 14652 |
| insurance that provides primary care services within either thirty | 14653 |
| miles or thirty minutes driving time from the residence of the | 14654 |
| child subject to the child support order. | 14655 |
| (5) "Health plan administrator" means any entity authorized | 14656 |
| under Title XXXIX of the Revised Code to engage in the business of | 14657 |
| insurance in this state, any health insuring corporation, any | 14658 |
| legal entity that is self-insured and provides benefits to its | 14659 |
| employees or members, and the administrator of any such entity or | 14660 |
| corporation. | 14661 |
| | 14662 |
| required by the "Child Support Performance and Incentive Act of | 14663 |
| 1998," P.L. 105-200, 112 Stat. 659, 42 U.S.C. 666(a)(19), as | 14664 |
| amended, and jointly developed and promulgated by the secretary of | 14665 |
| health and human services and the secretary of labor in federal | 14666 |
| regulations adopted under that act as modified by the department | 14667 |
| of job and family services under section 3119.291 of the Revised | 14668 |
| Code. | 14669 |
| | 14670 |
| means the obligor, obligee, or both, required by the court under a | 14671 |
| court child support order or by the child support enforcement | 14672 |
| agency under an administrative child support order to provide | 14673 |
| health insurance coverage pursuant to section 3119.30 of the | 14674 |
| Revised Code. | 14675 |
| (8) Subject to division (B) of this section, "reasonable | 14676 |
| cost" means the cost of private family health insurance that does | 14677 |
| not exceed an amount equal to five per cent of the annual gross | 14678 |
| income of the person responsible for the health care of the | 14679 |
| children subject to the child support order. | 14680 |
| (9) "Title XIX" has the same meaning as defined in section | 14681 |
| 5111.20 of the Revised Code. | 14682 |
| (B) If the United States secretary of health and human | 14683 |
| services issues a regulation defining "reasonable cost" or a | 14684 |
| similar term or phrase relevant to the provisions in child support | 14685 |
| orders relating to the provision of health care for children | 14686 |
| subject to the orders, and if that definition is substantively | 14687 |
| different from the meaning of "reasonable cost" as defined in | 14688 |
| division (A) of this section, "reasonable cost" as used in this | 14689 |
| section shall have the meaning as defined by the United States | 14690 |
| secretary of health and human services. | 14691 |
| Sec. 3119.30. (A) In any action or proceeding in which a | 14692 |
| child support order is issued or modified, the court, with respect | 14693 |
| to court child support orders, and the child support enforcement | 14694 |
| agency, with respect to administrative child support orders, shall | 14695 |
| determine the person responsible for the health care of the | 14696 |
| children subject to the child support order. The determination | 14697 |
| shall be based on information provided to the court or to the | 14698 |
| child support enforcement agency under section 3119.31 of the | 14699 |
| Revised Code. The order shall include
| 14700 |
| | 14701 |
| 14702 | |
| 14703 | |
| 14704 | |
| 14705 | |
| 14706 | |
| 14707 |
| | 14708 |
|
coverage for the children if
coverage is available | 14709 |
| 14710 | |
|
through any | 14711 |
| obligee and is available at a more reasonable cost than coverage | 14712 |
| is available to the obligor; | 14713 |
| | 14714 |
| order obtain health insurance coverage for the children if | 14715 |
| coverage is available at a reasonable cost through any group | 14716 |
| policy, contract, or plan available to the obligor and, in the | 14717 |
| alternative, if the court or child support enforcement agency | 14718 |
| determines that health insurance coverage is not available at a | 14719 |
| reasonable cost to the obligee or obligor, and that the gross | 14720 |
| income of the obligor is over one hundred fifty per cent of the | 14721 |
| federal poverty line, pay cash medical support that is five per | 14722 |
| cent of the obligor's annual gross income to either the office of | 14723 |
| child support in the department of job and family services to | 14724 |
| defray the cost of expenditures under Title XIX to provide health | 14725 |
| care for the children, or the obligee if the children are not | 14726 |
| receiving assistance under Title XIX; | 14727 |
| (3) If health insurance coverage for the children is not | 14728 |
|
available at
a reasonable cost
| 14729 |
| 14730 | |
| 14731 | |
|
or the obligee, | 14732 |
|
share liability for the cost of the | 14733 |
| of the children, under an equitable formula established by the | 14734 |
| court, with respect to a court child support order, or the child | 14735 |
| support enforcement agency, with respect to an administrative | 14736 |
| child support order, with appropriate offset of the amount of any | 14737 |
| cash medical payment ordered pursuant to division (A)(2) of this | 14738 |
| section, and a requirement that if, after the issuance of the | 14739 |
| order, health insurance coverage for the children becomes | 14740 |
|
available at a
reasonable cost
| 14741 |
| 14742 | |
|
any | 14743 |
| or obligee, the obligor or obligee to whom the coverage becomes | 14744 |
| available immediately inform the court, with respect to a court | 14745 |
| child support order, or the child support enforcement agency, with | 14746 |
| respect to an administrative child support order; | 14747 |
| | 14748 |
| obtain health insurance coverage for the children if coverage is | 14749 |
| available for the children at a reasonable cost to both the | 14750 |
| obligor and the obligee and dual coverage would provide for | 14751 |
| coordination of medical benefits without unnecessary duplication | 14752 |
| of coverage. | 14753 |
| (B) The court, with respect to court child support orders, | 14754 |
| and the child support enforcement agency, with respect to | 14755 |
| administrative child support orders, may determine and include in | 14756 |
| an order issued under division (A) of this section that longer | 14757 |
| travel times are permissible if residents in part or all of the | 14758 |
| service area customarily travel distances farther than thirty | 14759 |
| miles or thirty minutes driving time or that primary care services | 14760 |
| are accessible only by public transportation. | 14761 |
| Sec. 3123.23. (A) The director of job and family services | 14762 |
| shall adopt rules under Chapter 119. of the Revised Code to | 14763 |
| implement a program to collect arrearages owed under child support | 14764 |
| orders from insurance claims, settlements, awards, and payments | 14765 |
| based on information obtained pursuant to Title IV-D of the Social | 14766 |
| Security Act, 42 U.S.C. 652. | 14767 |
| (B) Any insurer and any director, agent, or employee | 14768 |
| authorized to act on behalf of an insurer, that releases | 14769 |
| information or makes a disclosure in accordance with rules adopted | 14770 |
| pursuant to this section shall be immune from liability in a civil | 14771 |
| action for harm resulting from the disclosure. | 14772 |
| (C) As used in this section, "insurer" has the same meaning | 14773 |
| as in section 3901.32 of the Revised Code. | 14774 |
| Sec. 3125.12. Each child support enforcement agency shall | 14775 |
| enter into a plan of cooperation with the board of county | 14776 |
| commissioners under section 307.983 of the Revised Code and comply | 14777 |
| with
each | 14778 |
| 14779 | |
| into under sections 307.981 and 307.982 of the Revised Code that | 14780 |
| affect the agency. | 14781 |
| Sec. 3301.0711. (A) The department of education shall: | 14782 |
| (1) Annually furnish to, grade, and score all tests required | 14783 |
| by section 3301.0710 of the Revised Code to be administered by | 14784 |
| city, local, exempted village, and joint vocational school | 14785 |
| districts, except that each district shall score any test | 14786 |
| administered pursuant to division (B)(10) of this section. Each | 14787 |
| test so furnished shall include the data verification code of the | 14788 |
| student to whom the test will be administered, as assigned | 14789 |
| pursuant to division (D)(2) of section 3301.0714 of the Revised | 14790 |
| Code. In furnishing the practice versions of Ohio graduation tests | 14791 |
| prescribed by division (F) of section 3301.0710 of the Revised | 14792 |
| Code, the department shall make the tests available on its web | 14793 |
| site for reproduction by districts. In awarding contracts for | 14794 |
| grading tests, the department shall give preference to Ohio-based | 14795 |
| entities employing Ohio residents. | 14796 |
| (2) Adopt rules for the ethical use of tests and prescribing | 14797 |
| the manner in which the tests prescribed by section 3301.0710 of | 14798 |
| the Revised Code shall be administered to students. | 14799 |
| (B) Except as provided in divisions (C) and (J) of this | 14800 |
| section, the board of education of each city, local, and exempted | 14801 |
| village school district shall, in accordance with rules adopted | 14802 |
| under division (A) of this section: | 14803 |
| (1) Administer the reading test prescribed under division | 14804 |
| (A)(1)(a) of section 3301.0710 of the Revised Code twice annually | 14805 |
| to all students in the third grade who have not attained the score | 14806 |
| designated for that test under division (A)(2)(c) of section | 14807 |
| 3301.0710 of the Revised Code. | 14808 |
| (2) Administer the mathematics test prescribed under division | 14809 |
| (A)(1)(a) of section 3301.0710 of the Revised Code at least once | 14810 |
| annually to all students in the third grade. | 14811 |
| (3) Administer the tests prescribed under division (A)(1)(b) | 14812 |
| of section 3301.0710 of the Revised Code at least once annually to | 14813 |
| all students in the fourth grade. | 14814 |
| (4) Administer the tests prescribed under division (A)(1)(c) | 14815 |
| of section 3301.0710 of the Revised Code at least once annually to | 14816 |
| all students in the fifth grade. | 14817 |
| (5) Administer the tests prescribed under division (A)(1)(d) | 14818 |
| of section 3301.0710 of the Revised Code at least once annually to | 14819 |
| all students in the sixth grade. | 14820 |
| (6) Administer the tests prescribed under division (A)(1)(e) | 14821 |
| of section 3301.0710 of the Revised Code at least once annually to | 14822 |
| all students in the seventh grade. | 14823 |
| (7) Administer the tests prescribed under division (A)(1)(f) | 14824 |
| of section 3301.0710 of the Revised Code at least once annually to | 14825 |
| all students in the eighth grade. | 14826 |
| (8) Except as provided in division (B)(9) of this section, | 14827 |
| administer any test prescribed under division (B) of section | 14828 |
| 3301.0710 of the Revised Code as follows: | 14829 |
| (a) At least once annually to all tenth grade students and at | 14830 |
| least twice annually to all students in eleventh or twelfth grade | 14831 |
| who have not yet attained the score on that test designated under | 14832 |
| that division; | 14833 |
| (b) To any person who has successfully completed the | 14834 |
| curriculum in any high school or the individualized education | 14835 |
| program developed for the person by any high school pursuant to | 14836 |
| section 3323.08 of the Revised Code but has not received a high | 14837 |
| school diploma and who requests to take such test, at any time | 14838 |
| such test is administered in the district. | 14839 |
| (9) In lieu of the board of education of any city, local, or | 14840 |
| exempted village school district in which the student is also | 14841 |
| enrolled, the board of a joint vocational school district shall | 14842 |
| administer any test prescribed under division (B) of section | 14843 |
| 3301.0710 of the Revised Code at least twice annually to any | 14844 |
| student enrolled in the joint vocational school district who has | 14845 |
| not yet attained the score on that test designated under that | 14846 |
| division. A board of a joint vocational school district may also | 14847 |
| administer such a test to any student described in division | 14848 |
| (B)(8)(b) of this section. | 14849 |
| (10) If the district has been declared to be under an | 14850 |
| academic watch or in a state of academic emergency pursuant to | 14851 |
| section 3302.03 of the Revised Code or has a three-year average | 14852 |
| graduation rate of not more than seventy-five per cent, administer | 14853 |
| each test prescribed by division (F) of section 3301.0710 of the | 14854 |
| Revised Code in September to all ninth grade students, beginning | 14855 |
| in the school year that starts July 1, 2005. | 14856 |
| (C)(1)(a) Any student receiving special education services | 14857 |
| under Chapter 3323. of the Revised Code may be excused from taking | 14858 |
| any particular test required to be administered under this section | 14859 |
| if the individualized education program developed for the student | 14860 |
| pursuant to section 3323.08 of the Revised Code excuses the | 14861 |
| student from taking that test and instead specifies an alternate | 14862 |
| assessment method approved by the department of education as | 14863 |
| conforming to requirements of federal law for receipt of federal | 14864 |
| funds for disadvantaged pupils. To the extent possible, the | 14865 |
| individualized education program shall not excuse the student from | 14866 |
| taking a test unless no reasonable accommodation can be made to | 14867 |
| enable the student to take the test. | 14868 |
| (b) Any alternate assessment approved by the department for a | 14869 |
| student under this division shall produce measurable results | 14870 |
| comparable to those produced by the tests which the alternate | 14871 |
| assessments are replacing in order to allow for the student's | 14872 |
| assessment results to be included in the data compiled for a | 14873 |
| school district or building under section 3302.03 of the Revised | 14874 |
| Code. | 14875 |
| (c) Any student enrolled in a chartered nonpublic school who | 14876 |
| has been identified, based on an evaluation conducted in | 14877 |
| accordance with section 3323.03 of the Revised Code or section 504 | 14878 |
| of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A. | 14879 |
| 794, as amended, as a child with a disability shall be excused | 14880 |
| from taking any particular test required to be administered under | 14881 |
| this section if a plan developed for the student pursuant to rules | 14882 |
| adopted by the state board excuses the student from taking that | 14883 |
| test. In the case of any student so excused from taking a test, | 14884 |
| the chartered nonpublic school shall not prohibit the student from | 14885 |
| taking the test. | 14886 |
| (2) A district board may, for medical reasons or other good | 14887 |
| cause, excuse a student from taking a test administered under this | 14888 |
| section on the date scheduled, but any such test shall be | 14889 |
| administered to such excused student not later than nine days | 14890 |
| following the scheduled date. The board shall annually report the | 14891 |
| number of students who have not taken one or more of the tests | 14892 |
| required by this section to the state board of education not later | 14893 |
| than the thirtieth day of June. | 14894 |
| (3) As used in this division, "limited English proficient | 14895 |
| student" has the same meaning as in 20 U.S.C. 7801. | 14896 |
| No school district board shall excuse any limited English | 14897 |
| proficient student from taking any particular test required to be | 14898 |
| administered under this section, except that any limited English | 14899 |
| proficient student who has been enrolled in United States schools | 14900 |
| for less than one full school year shall not be required to take | 14901 |
| any such reading or writing test. However, no board shall prohibit | 14902 |
| a limited English proficient student who is not required to take a | 14903 |
| test under this division from taking the test. A board may permit | 14904 |
| any limited English proficient student to take any test required | 14905 |
| to be administered under this section with appropriate | 14906 |
| accommodations, as determined by the department. For each limited | 14907 |
| English proficient student, each school district shall annually | 14908 |
| assess that student's progress in learning English, in accordance | 14909 |
| with procedures approved by the department. | 14910 |
| The governing authority of a chartered nonpublic school may | 14911 |
| excuse a limited English proficient student from taking any test | 14912 |
| administered under this section. However, no governing authority | 14913 |
| shall prohibit a limited English proficient student from taking | 14914 |
| the test. | 14915 |
| (D)(1) In the school year next succeeding the school year in | 14916 |
| which the tests prescribed by division (A)(1) or (B) of section | 14917 |
| 3301.0710 of the Revised Code or former division (A)(1), (A)(2), | 14918 |
| or (B) of section 3301.0710 of the Revised Code as it existed | 14919 |
| prior to September 11, 2001, are administered to any student, the | 14920 |
| board of education of any school district in which the student is | 14921 |
| enrolled in that year shall provide to the student intervention | 14922 |
| services commensurate with the student's test performance, | 14923 |
| including any intensive intervention required under section | 14924 |
| 3313.608 of the Revised Code, in any skill in which the student | 14925 |
| failed to demonstrate at least a score at the proficient level on | 14926 |
| the test. | 14927 |
| (2) Following any administration of the tests prescribed by | 14928 |
| division (F) of section 3301.0710 of the Revised Code to ninth | 14929 |
| grade students, each school district that has a three-year average | 14930 |
| graduation rate of not more than seventy-five per cent shall | 14931 |
| determine for each high school in the district whether the school | 14932 |
| shall be required to provide intervention services to any students | 14933 |
| who took the tests. In determining which high schools shall | 14934 |
| provide intervention services based on the resources available, | 14935 |
| the district shall consider each school's graduation rate and | 14936 |
| scores on the practice tests. The district also shall consider the | 14937 |
| scores received by ninth grade students on the reading and | 14938 |
| mathematics tests prescribed under division (A)(1)(f) of section | 14939 |
| 3301.0710 of the Revised Code in the eighth grade in determining | 14940 |
| which high schools shall provide intervention services. | 14941 |
| Each high school selected to provide intervention services | 14942 |
| under this division shall provide intervention services to any | 14943 |
| student whose test results indicate that the student is failing to | 14944 |
| make satisfactory progress toward being able to attain scores at | 14945 |
| the proficient level on the Ohio graduation tests. Intervention | 14946 |
| services shall be provided in any skill in which a student | 14947 |
| demonstrates unsatisfactory progress and shall be commensurate | 14948 |
| with the student's test performance. Schools shall provide the | 14949 |
| intervention services prior to the end of the school year, during | 14950 |
| the summer following the ninth grade, in the next succeeding | 14951 |
| school year, or at any combination of those times. | 14952 |
| (E) Except as provided in section 3313.608 of the Revised | 14953 |
| Code and division (M) of this section, no school district board of | 14954 |
| education shall utilize any student's failure to attain a | 14955 |
| specified score on any test administered under this section as a | 14956 |
| factor in any decision to deny the student promotion to a higher | 14957 |
| grade level. However, a district board may choose not to promote | 14958 |
| to the next grade level any student who does not take any test | 14959 |
| administered under this section or make up such test as provided | 14960 |
| by division (C)(2) of this section and who is not exempt from the | 14961 |
| requirement to take the test under division (C)(3) of this | 14962 |
| section. | 14963 |
| (F) No person shall be charged a fee for taking any test | 14964 |
| administered under this section. | 14965 |
| (G)(1) Each school district board shall | 14966 |
| location for the collection of tests administered in the spring | 14967 |
| under division (B)(1) of this section and the tests administered | 14968 |
| under divisions (B)(2) to (7) of this section. Each district board | 14969 |
| shall submit the tests to the entity with which the department | 14970 |
| contracts for the scoring of the tests as follows: | 14971 |
| (a) If the district's total enrollment in grades kindergarten | 14972 |
| through twelve during the first full school week of October was | 14973 |
| less than two thousand five hundred, not later than the Friday | 14974 |
| after the tests are administered | 14975 |
| (b) If the district's total enrollment in grades kindergarten | 14976 |
| through twelve during the first full school week of October was | 14977 |
| two thousand five hundred or more, but less than seven thousand, | 14978 |
| not later than the Monday after the tests are administered; | 14979 |
| (c) If the district's total enrollment in grades kindergarten | 14980 |
| through twelve during the first full school week of October was | 14981 |
| seven thousand or more, not later than the Tuesday after the tests | 14982 |
| are administered. | 14983 |
| However, any such test that a student takes during the | 14984 |
| make-up period described in division (C)(2) of this section shall | 14985 |
| be submitted not later than the Friday following the day the | 14986 |
| student takes the test. | 14987 |
| (2) The department or an entity with which the department | 14988 |
| contracts for the scoring of the test shall send to each school | 14989 |
| district board a list of the individual test scores of all persons | 14990 |
| taking any test prescribed by division (A)(1) or (B) of section | 14991 |
| 3301.0710 of the Revised Code within sixty days after its | 14992 |
| administration, but in no case shall the scores be returned later | 14993 |
| than the fifteenth day of June following the administration. For | 14994 |
| any tests administered under this section by a joint vocational | 14995 |
| school district, the department or entity shall also send to each | 14996 |
| city, local, or exempted village school district a list of the | 14997 |
| individual test scores of any students of such city, local, or | 14998 |
| exempted village school district who are attending school in the | 14999 |
| joint vocational school district. | 15000 |
| (H) Individual test scores on any tests administered under | 15001 |
| this section shall be released by a district board only in | 15002 |
| accordance with section 3319.321 of the Revised Code and the rules | 15003 |
| adopted under division (A) of this section. No district board or | 15004 |
| its employees shall utilize individual or aggregate test results | 15005 |
| in any manner that conflicts with rules for the ethical use of | 15006 |
| tests adopted pursuant to division (A) of this section. | 15007 |
| (I) Except as provided in division (G) of this section, the | 15008 |
| department or an entity with which the department contracts for | 15009 |
| the scoring of the test shall not release any individual test | 15010 |
| scores on any test administered under this section. The state | 15011 |
| board of education shall adopt rules to ensure the protection of | 15012 |
| student confidentiality at all times. The rules may require the | 15013 |
| use of the data verification codes assigned to students pursuant | 15014 |
| to division (D)(2) of section 3301.0714 of the Revised Code to | 15015 |
| protect the confidentiality of student test scores. | 15016 |
| (J) Notwithstanding division (D) of section 3311.52 of the | 15017 |
| Revised Code, this section does not apply to the board of | 15018 |
| education of any cooperative education school district except as | 15019 |
| provided under rules adopted pursuant to this division. | 15020 |
| (1) In accordance with rules that the state board of | 15021 |
| education shall adopt, the board of education of any city, | 15022 |
| exempted village, or local school district with territory in a | 15023 |
| cooperative education school district established pursuant to | 15024 |
| divisions (A) to (C) of section 3311.52 of the Revised Code may | 15025 |
| enter into an agreement with the board of education of the | 15026 |
| cooperative education school district for administering any test | 15027 |
| prescribed under this section to students of the city, exempted | 15028 |
| village, or local school district who are attending school in the | 15029 |
| cooperative education school district. | 15030 |
| (2) In accordance with rules that the state board of | 15031 |
| education shall adopt, the board of education of any city, | 15032 |
| exempted village, or local school district with territory in a | 15033 |
| cooperative education school district established pursuant to | 15034 |
| section 3311.521 of the Revised Code shall enter into an agreement | 15035 |
| with the cooperative district that provides for the administration | 15036 |
| of any test prescribed under this section to both of the | 15037 |
| following: | 15038 |
| (a) Students who are attending school in the cooperative | 15039 |
| district and who, if the cooperative district were not | 15040 |
| established, would be entitled to attend school in the city, | 15041 |
| local, or exempted village school district pursuant to section | 15042 |
| 3313.64 or 3313.65 of the Revised Code; | 15043 |
| (b) Persons described in division (B)(8)(b) of this section. | 15044 |
| Any testing of students pursuant to such an agreement shall | 15045 |
| be in lieu of any testing of such students or persons pursuant to | 15046 |
| this section. | 15047 |
| (K)(1) Any chartered nonpublic school may participate in the | 15048 |
| testing program by administering any of the tests prescribed by | 15049 |
| section 3301.0710 or 3301.0712 of the Revised Code if the chief | 15050 |
| administrator of the school specifies which tests the school | 15051 |
| wishes to administer. Such specification shall be made in writing | 15052 |
| to the superintendent of public instruction prior to the first day | 15053 |
| of August of any school year in which tests are administered and | 15054 |
| shall include a pledge that the nonpublic school will administer | 15055 |
| the specified tests in the same manner as public schools are | 15056 |
| required to do under this section and rules adopted by the | 15057 |
| department. | 15058 |
| (2) The department of education shall furnish the tests | 15059 |
| prescribed by section 3301.0710 or 3301.0712 of the Revised Code | 15060 |
| to any chartered nonpublic school electing to participate under | 15061 |
| this division. | 15062 |
| (L)(1) The superintendent of the state school for the blind | 15063 |
| and the superintendent of the state school for the deaf shall | 15064 |
| administer the tests described by section 3301.0710 of the Revised | 15065 |
| Code. Each superintendent shall administer the tests in the same | 15066 |
| manner as district boards are required to do under this section | 15067 |
| and rules adopted by the department of education and in conformity | 15068 |
| with division (C)(1)(a) of this section. | 15069 |
| (2) The department of education shall furnish the tests | 15070 |
| described by section 3301.0710 of the Revised Code to each | 15071 |
| superintendent. | 15072 |
| (M) Notwithstanding division (E) of this section, a school | 15073 |
| district may use a student's failure to attain a score in at least | 15074 |
| the basic range on the mathematics test described by division | 15075 |
| (A)(1)(a) of section 3301.0710 of the Revised Code or on any of | 15076 |
| the tests described by division (A)(1)(b), (c), (d), (e), or (f) | 15077 |
| of section 3301.0710 of the Revised Code as a factor in retaining | 15078 |
| that student in the current grade level. | 15079 |
| (N)(1) In the manner specified in divisions (N)(3) to (5) of | 15080 |
| this section, the tests required by section 3301.0710 of the | 15081 |
| Revised Code shall become public records pursuant to section | 15082 |
| 149.43 of the Revised Code on the first day of July following the | 15083 |
| school year that the test was administered. | 15084 |
| (2) The department may field test proposed test questions | 15085 |
| with samples of students to determine the validity, reliability, | 15086 |
| or appropriateness of test questions for possible inclusion in a | 15087 |
| future year's test. The department also may use anchor questions | 15088 |
| on tests to ensure that different versions of the same test are of | 15089 |
| comparable difficulty. | 15090 |
| Field test questions and anchor questions shall not be | 15091 |
| considered in computing test scores for individual students. Field | 15092 |
| test questions and anchor questions may be included as part of the | 15093 |
| administration of any test required by section 3301.0710 of the | 15094 |
| Revised Code. | 15095 |
| (3) Any field test question or anchor question administered | 15096 |
| under division (N)(2) of this section shall not be a public | 15097 |
| record. Such field test questions and anchor questions shall be | 15098 |
| redacted from any tests which are released as a public record | 15099 |
| pursuant to division (N)(1) of this section. | 15100 |
| (4) This division applies to the tests prescribed by division | 15101 |
| (A) of section 3301.0710 of the Revised Code. | 15102 |
| (a) The first administration of each test, as specified in | 15103 |
| section 3301.0712 of the Revised Code, shall be a public record. | 15104 |
| (b) For subsequent administrations of each test, not less | 15105 |
| than forty per cent of the questions on the test that are used to | 15106 |
| compute a student's score shall be a public record. The department | 15107 |
| shall determine which questions will be needed for reuse on a | 15108 |
| future test and those questions shall not be public records and | 15109 |
| shall be redacted from the test prior to its release as a public | 15110 |
| record. However, for each redacted question, the department shall | 15111 |
| inform each city, local, and exempted village school district of | 15112 |
| the statewide academic standard adopted by the state board of | 15113 |
| education under section 3301.079 of the Revised Code and the | 15114 |
| corresponding benchmark to which the question relates. The | 15115 |
| preceding sentence does not apply to field test questions that are | 15116 |
| redacted under division (N)(3) of this section. | 15117 |
| (5) Each test prescribed by division (B) of section 3301.0710 | 15118 |
| of the Revised Code that is administered in the spring shall be a | 15119 |
| public record. Each test prescribed by that division that is | 15120 |
| administered in the fall or summer shall not be a public record. | 15121 |
| (O) As used in this section: | 15122 |
| (1) "Three-year average" means the average of the most recent | 15123 |
| consecutive three school years of data. | 15124 |
| (2) "Dropout" means a student who withdraws from school | 15125 |
| before completing course requirements for graduation and who is | 15126 |
| not enrolled in an education program approved by the state board | 15127 |
| of education or an education program outside the state. "Dropout" | 15128 |
| does not include a student who has departed the country. | 15129 |
| (3) "Graduation rate" means the ratio of students receiving a | 15130 |
| diploma to the number of students who entered ninth grade four | 15131 |
| years earlier. Students who transfer into the district are added | 15132 |
| to the calculation. Students who transfer out of the district for | 15133 |
| reasons other than dropout are subtracted from the calculation. If | 15134 |
| a student who was a dropout in any previous year returns to the | 15135 |
| same school district, that student shall be entered into the | 15136 |
| calculation as if the student had entered ninth grade four years | 15137 |
| before the graduation year of the graduating class that the | 15138 |
| student joins. | 15139 |
| Sec. 3301.0714. (A) The state board of education shall adopt | 15140 |
| rules for a statewide education management information system. The | 15141 |
| rules shall require the state board to establish guidelines for | 15142 |
| the establishment and maintenance of the system in accordance with | 15143 |
| this section and the rules adopted under this section. The | 15144 |
| guidelines shall include: | 15145 |
| (1) Standards identifying and defining the types of data in | 15146 |
| the system in accordance with divisions (B) and (C) of this | 15147 |
| section; | 15148 |
| (2) Procedures for annually collecting and reporting the data | 15149 |
| to the state board in accordance with division (D) of this | 15150 |
| section; | 15151 |
| (3) Procedures for annually compiling the data in accordance | 15152 |
| with division (G) of this section; | 15153 |
| (4) Procedures for annually reporting the data to the public | 15154 |
| in accordance with division (H) of this section. | 15155 |
| (B) The guidelines adopted under this section shall require | 15156 |
| the data maintained in the education management information system | 15157 |
| to include at least the following: | 15158 |
| (1) Student participation and performance data, for each | 15159 |
| grade in each school district as a whole and for each grade in | 15160 |
| each school building in each school district, that includes: | 15161 |
| (a) The numbers of students receiving each category of | 15162 |
| instructional service offered by the school district, such as | 15163 |
| regular education instruction, vocational education instruction, | 15164 |
| specialized instruction programs or enrichment instruction that is | 15165 |
| part of the educational curriculum, instruction for gifted | 15166 |
| students, instruction for handicapped students, and remedial | 15167 |
| instruction. The guidelines shall require instructional services | 15168 |
| under this division to be divided into discrete categories if an | 15169 |
| instructional service is limited to a specific subject, a specific | 15170 |
| type of student, or both, such as regular instructional services | 15171 |
| in mathematics, remedial reading instructional services, | 15172 |
| instructional services specifically for students gifted in | 15173 |
| mathematics or some other subject area, or instructional services | 15174 |
| for students with a specific type of handicap. The categories of | 15175 |
| instructional services required by the guidelines under this | 15176 |
| division shall be the same as the categories of instructional | 15177 |
| services used in determining cost units pursuant to division | 15178 |
| (C)(3) of this section. | 15179 |
| (b) The numbers of students receiving support or | 15180 |
| extracurricular services for each of the support services or | 15181 |
| extracurricular programs offered by the school district, such as | 15182 |
| counseling services, health services, and extracurricular sports | 15183 |
| and fine arts programs. The categories of services required by the | 15184 |
| guidelines under this division shall be the same as the categories | 15185 |
| of services used in determining cost units pursuant to division | 15186 |
| (C)(4)(a) of this section. | 15187 |
| (c) Average student grades in each subject in grades nine | 15188 |
| through twelve; | 15189 |
| (d) Academic achievement levels as assessed by the testing of | 15190 |
| student achievement under sections 3301.0710 and 3301.0711 of the | 15191 |
| Revised Code; | 15192 |
| (e) The number of students designated as having a | 15193 |
| handicapping condition pursuant to division (C)(1) of section | 15194 |
| 3301.0711 of the Revised Code; | 15195 |
| (f) The numbers of students reported to the state board | 15196 |
| pursuant to division (C)(2) of section 3301.0711 of the Revised | 15197 |
| Code; | 15198 |
| (g) Attendance rates and the average daily attendance for the | 15199 |
| year. For purposes of this division, a student shall be counted as | 15200 |
| present for any field trip that is approved by the school | 15201 |
| administration. | 15202 |
| (h) Expulsion rates; | 15203 |
| (i) Suspension rates; | 15204 |
| (j) The percentage of students receiving corporal punishment; | 15205 |
| (k) Dropout rates; | 15206 |
| (l) Rates of retention in grade; | 15207 |
| (m) For pupils in grades nine through twelve, the average | 15208 |
| number of carnegie units, as calculated in accordance with state | 15209 |
| board of education rules; | 15210 |
| (n) Graduation rates, to be calculated in a manner specified | 15211 |
| by the department of education that reflects the rate at which | 15212 |
| students who were in the ninth grade three years prior to the | 15213 |
| current year complete school and that is consistent with | 15214 |
| nationally accepted reporting requirements; | 15215 |
| (o) Results of diagnostic assessments administered to | 15216 |
| kindergarten students as required under section 3301.0715 of the | 15217 |
| Revised Code to permit a comparison of the academic readiness of | 15218 |
| kindergarten students. However, no district shall be required to | 15219 |
| report to the department the results of any diagnostic assessment | 15220 |
| administered to a kindergarten student if the parent of that | 15221 |
| student requests the district not to report those results. | 15222 |
| (2) Personnel and classroom enrollment data for each school | 15223 |
| district, including: | 15224 |
| (a) The total numbers of licensed employees and nonlicensed | 15225 |
| employees and the numbers of full-time equivalent licensed | 15226 |
| employees and nonlicensed employees providing each category of | 15227 |
| instructional service, instructional support service, and | 15228 |
| administrative support service used pursuant to division (C)(3) of | 15229 |
| this section. The guidelines adopted under this section shall | 15230 |
| require these categories of data to be maintained for the school | 15231 |
| district as a whole and, wherever applicable, for each grade in | 15232 |
| the school district as a whole, for each school building as a | 15233 |
| whole, and for each grade in each school building. | 15234 |
| (b) The total number of employees and the number of full-time | 15235 |
| equivalent employees providing each category of service used | 15236 |
| pursuant to divisions (C)(4)(a) and (b) of this section, and the | 15237 |
| total numbers of licensed employees and nonlicensed employees and | 15238 |
| the numbers of full-time equivalent licensed employees and | 15239 |
| nonlicensed employees providing each category used pursuant to | 15240 |
| division (C)(4)(c) of this section. The guidelines adopted under | 15241 |
| this section shall require these categories of data to be | 15242 |
| maintained for the school district as a whole and, wherever | 15243 |
| applicable, for each grade in the school district as a whole, for | 15244 |
| each school building as a whole, and for each grade in each school | 15245 |
| building. | 15246 |
| (c) The total number of regular classroom teachers teaching | 15247 |
| classes of regular education and the average number of pupils | 15248 |
| enrolled in each such class, in each of grades kindergarten | 15249 |
| through five in the district as a whole and in each school | 15250 |
| building in the school district. | 15251 |
| (d) The number of master teachers employed by each school | 15252 |
| district and each school building, once a definition of master | 15253 |
| teacher has been developed by the educator standards board | 15254 |
| pursuant to section 3319.61 of the Revised Code. | 15255 |
| (3)(a) Student demographic data for each school district, | 15256 |
| including information regarding the gender ratio of the school | 15257 |
| district's pupils, the racial make-up of the school district's | 15258 |
| pupils, the number of limited English proficient students in the | 15259 |
| district, and an appropriate measure of the number of the school | 15260 |
| district's pupils who reside in economically disadvantaged | 15261 |
| households. The demographic data shall be collected in a manner to | 15262 |
| allow correlation with data collected under division (B)(1) of | 15263 |
| this section. Categories for data collected pursuant to division | 15264 |
| (B)(3) of this section shall conform, where appropriate, to | 15265 |
| standard practices of agencies of the federal government. | 15266 |
| (b) With respect to each student entering kindergarten, | 15267 |
| whether the student previously participated in a public preschool | 15268 |
| program, a private preschool program, or a head start program, and | 15269 |
| the number of years the student participated in each of these | 15270 |
| programs. | 15271 |
| (4) Any data required to be collected pursuant to federal | 15272 |
| law. | 15273 |
| (C) The education management information system shall include | 15274 |
| cost accounting data for each district as a whole and for each | 15275 |
| school building in each school district. The guidelines adopted | 15276 |
| under this section shall require the cost data for each school | 15277 |
| district to be maintained in a system of mutually exclusive cost | 15278 |
| units and shall require all of the costs of each school district | 15279 |
| to be divided among the cost units. The guidelines shall require | 15280 |
| the system of mutually exclusive cost units to include at least | 15281 |
| the following: | 15282 |
| (1) Administrative costs for the school district as a whole. | 15283 |
| The guidelines shall require the cost units under this division | 15284 |
| (C)(1) to be designed so that each of them may be compiled and | 15285 |
| reported in terms of average expenditure per pupil in formula ADM | 15286 |
| in the school district, as determined pursuant to section 3317.03 | 15287 |
| of the Revised Code. | 15288 |
| (2) Administrative costs for each school building in the | 15289 |
| school district. The guidelines shall require the cost units under | 15290 |
| this division (C)(2) to be designed so that each of them may be | 15291 |
| compiled and reported in terms of average expenditure per | 15292 |
| full-time equivalent pupil receiving instructional or support | 15293 |
| services in each building. | 15294 |
| (3) Instructional services costs for each category of | 15295 |
| instructional service provided directly to students and required | 15296 |
| by guidelines adopted pursuant to division (B)(1)(a) of this | 15297 |
| section. The guidelines shall require the cost units under | 15298 |
| division (C)(3) of this section to be designed so that each of | 15299 |
| them may be compiled and reported in terms of average expenditure | 15300 |
| per pupil receiving the service in the school district as a whole | 15301 |
| and average expenditure per pupil receiving the service in each | 15302 |
| building in the school district and in terms of a total cost for | 15303 |
| each category of service and, as a breakdown of the total cost, a | 15304 |
| cost for each of the following components: | 15305 |
| (a) The cost of each instructional services category required | 15306 |
| by guidelines adopted under division (B)(1)(a) of this section | 15307 |
| that is provided directly to students by a classroom teacher; | 15308 |
| (b) The cost of the instructional support services, such as | 15309 |
| services provided by a speech-language pathologist, classroom | 15310 |
| aide, multimedia aide, or librarian, provided directly to students | 15311 |
| in conjunction with each instructional services category; | 15312 |
| (c) The cost of the administrative support services related | 15313 |
| to each instructional services category, such as the cost of | 15314 |
| personnel that develop the curriculum for the instructional | 15315 |
| services category and the cost of personnel supervising or | 15316 |
| coordinating the delivery of the instructional services category. | 15317 |
| (4) Support or extracurricular services costs for each | 15318 |
| category of service directly provided to students and required by | 15319 |
| guidelines adopted pursuant to division (B)(1)(b) of this section. | 15320 |
| The guidelines shall require the cost units under division (C)(4) | 15321 |
| of this section to be designed so that each of them may be | 15322 |
| compiled and reported in terms of average expenditure per pupil | 15323 |
| receiving the service in the school district as a whole and | 15324 |
| average expenditure per pupil receiving the service in each | 15325 |
| building in the school district and in terms of a total cost for | 15326 |
| each category of service and, as a breakdown of the total cost, a | 15327 |
| cost for each of the following components: | 15328 |
| (a) The cost of each support or extracurricular services | 15329 |
| category required by guidelines adopted under division (B)(1)(b) | 15330 |
| of this section that is provided directly to students by a | 15331 |
| licensed employee, such as services provided by a guidance | 15332 |
| counselor or any services provided by a licensed employee under a | 15333 |
| supplemental contract; | 15334 |
| (b) The cost of each such services category provided directly | 15335 |
| to students by a nonlicensed employee, such as janitorial | 15336 |
| services, cafeteria services, or services of a sports trainer; | 15337 |
| (c) The cost of the administrative services related to each | 15338 |
| services category in division (C)(4)(a) or (b) of this section, | 15339 |
| such as the cost of any licensed or nonlicensed employees that | 15340 |
| develop, supervise, coordinate, or otherwise are involved in | 15341 |
| administering or aiding the delivery of each services category. | 15342 |
| (D)(1) The guidelines adopted under this section shall | 15343 |
| require school districts to collect information about individual | 15344 |
| students, staff members, or both in connection with any data | 15345 |
| required by division (B) or (C) of this section or other reporting | 15346 |
| requirements established in the Revised Code. The guidelines may | 15347 |
| also require school districts to report information about | 15348 |
| individual staff members in connection with any data required by | 15349 |
| division (B) or (C) of this section or other reporting | 15350 |
| requirements established in the Revised Code. The guidelines shall | 15351 |
| not authorize school districts to request social security numbers | 15352 |
| of individual students. The guidelines shall prohibit the | 15353 |
| reporting under this section of a student's name, address, and | 15354 |
| social security number to the state board of education or the | 15355 |
| department of education. The guidelines shall also prohibit the | 15356 |
| reporting under this section of any personally identifiable | 15357 |
| information about any student, except for the purpose of assigning | 15358 |
| the data verification code required by division (D)(2) of this | 15359 |
| section, to any other person unless such person is employed by the | 15360 |
| school district or the information technology center operated | 15361 |
| under section 3301.075 of the Revised Code and is authorized by | 15362 |
| the district or technology center to have access to such | 15363 |
| information or is employed by an entity with which the department | 15364 |
| contracts for the scoring of tests administered under section | 15365 |
| 3301.0711 or 3301.0712 of the Revised Code. The guidelines may | 15366 |
| require school districts to provide the social security numbers of | 15367 |
| individual staff members. | 15368 |
| (2) The guidelines shall provide for each school district or | 15369 |
| community school to assign a data verification code that is unique | 15370 |
| on a statewide basis over time to each student whose initial Ohio | 15371 |
| enrollment is in that district or school and to report all | 15372 |
| required individual student data for that student utilizing such | 15373 |
| code. The guidelines shall also provide for assigning data | 15374 |
| verification codes to all students enrolled in districts or | 15375 |
| community schools on the effective date of the guidelines | 15376 |
| established under this section. | 15377 |
| Individual student data shall be reported to the department | 15378 |
| through the information technology centers utilizing the code but, | 15379 |
| except as provided in section 3310.11 of the Revised Code, at no | 15380 |
| time shall the state board or the department have access to | 15381 |
| information that would enable any data verification code to be | 15382 |
| matched to personally identifiable student data. | 15383 |
| Each school district shall ensure that the data verification | 15384 |
| code is included in the student's records reported to any | 15385 |
| subsequent school district or community school in which the | 15386 |
| student enrolls. Any such subsequent district or school shall | 15387 |
| utilize the same identifier in its reporting of data under this | 15388 |
| section. | 15389 |
| The director of health shall request and receive, pursuant to | 15390 |
| sections 3301.0723 and 3701.62 of the Revised Code, a data | 15391 |
| verification code for a child who is receiving services under | 15392 |
| division (A)(2) of section 3701.61 of the Revised Code. | 15393 |
| A school district or community school shall submit to the | 15394 |
| eTech Ohio commission the data verification code for each of its | 15395 |
| enrolled students who is also enrolled in a course offered through | 15396 |
| the clearinghouse established under section 3353.21 of the Revised | 15397 |
| Code. | 15398 |
| (E) The guidelines adopted under this section may require | 15399 |
| school districts to collect and report data, information, or | 15400 |
| reports other than that described in divisions (A), (B), and (C) | 15401 |
| of this section for the purpose of complying with other reporting | 15402 |
| requirements established in the Revised Code. The other data, | 15403 |
| information, or reports may be maintained in the education | 15404 |
| management information system but are not required to be compiled | 15405 |
| as part of the profile formats required under division (G) of this | 15406 |
| section or the annual statewide report required under division (H) | 15407 |
| of this section. | 15408 |
| (F) Beginning with the school year that begins July 1, 1991, | 15409 |
| the board of education of each school district shall annually | 15410 |
| collect and report to the state board, in accordance with the | 15411 |
| guidelines established by the board, the data required pursuant to | 15412 |
| this section. A school district may collect and report these data | 15413 |
| notwithstanding section 2151.357 or 3319.321 of the Revised Code. | 15414 |
| (G) The state board shall, in accordance with the procedures | 15415 |
| it adopts, annually compile the data reported by each school | 15416 |
| district pursuant to division (D) of this section. The state board | 15417 |
| shall design formats for profiling each school district as a whole | 15418 |
| and each school building within each district and shall compile | 15419 |
| the data in accordance with these formats. These profile formats | 15420 |
| shall: | 15421 |
| (1) Include all of the data gathered under this section in a | 15422 |
| manner that facilitates comparison among school districts and | 15423 |
| among school buildings within each school district; | 15424 |
| (2) Present the data on academic achievement levels as | 15425 |
| assessed by the testing of student achievement maintained pursuant | 15426 |
| to division (B)(1)(d) of this section. | 15427 |
| (H)(1) The state board shall, in accordance with the | 15428 |
| procedures it adopts, annually prepare a statewide report for all | 15429 |
| school districts and the general public that includes the profile | 15430 |
| of each of the school districts developed pursuant to division (G) | 15431 |
| of this section. Copies of the report shall be sent to each school | 15432 |
| district. | 15433 |
| (2) The state board shall, in accordance with the procedures | 15434 |
| it adopts, annually prepare an individual report for each school | 15435 |
| district and the general public that includes the profiles of each | 15436 |
| of the school buildings in that school district developed pursuant | 15437 |
| to division (G) of this section. Copies of the report shall be | 15438 |
| sent to the superintendent of the district and to each member of | 15439 |
| the district board of education. | 15440 |
| (3) Copies of the reports received from the state board under | 15441 |
| divisions (H)(1) and (2) of this section shall be made available | 15442 |
| to the general public at each school district's offices. Each | 15443 |
| district board of education shall make copies of each report | 15444 |
| available to any person upon request and payment of a reasonable | 15445 |
| fee for the cost of reproducing the report. The board shall | 15446 |
| annually publish in a newspaper of general circulation in the | 15447 |
| school district, at least twice during the two weeks prior to the | 15448 |
| week in which the reports will first be available, a notice | 15449 |
| containing the address where the reports are available and the | 15450 |
| date on which the reports will be available. | 15451 |
| (I) Any data that is collected or maintained pursuant to this | 15452 |
| section and that identifies an individual pupil is not a public | 15453 |
| record for the purposes of section 149.43 of the Revised Code. | 15454 |
| (J) As used in this section | 15455 |
| | 15456 |
| 15457 |
| | 15458 |
| expenses made by a school district excluding any expenditures for | 15459 |
| debt retirement except for payments made to any commercial lending | 15460 |
| institution for any loan approved pursuant to section 3313.483 of | 15461 |
| the Revised Code. | 15462 |
| (K) Any person who removes data from the information system | 15463 |
| established under this section for the purpose of releasing it to | 15464 |
| any person not entitled under law to have access to such | 15465 |
| information is subject to section 2913.42 of the Revised Code | 15466 |
| prohibiting tampering with data. | 15467 |
| (L) | 15468 |
| 15469 | |
| 15470 | |
| 15471 | |
| 15472 | |
| 15473 |
| | 15474 |
| 15475 | |
| 15476 |
| | 15477 |
| 15478 | |
| 15479 |
| | 15480 |
| 15481 | |
| 15482 | |
| 15483 |
| | 15484 |
| 15485 |
| | 15486 |
| 15487 | |
| 15488 | |
| 15489 | |
| 15490 | |
| 15491 | |
| 15492 | |
| 15493 | |
| 15494 | |
| 15495 | |
| 15496 | |
| 15497 |
| (1) In accordance with division (L)(2) of this section, the | 15498 |
| department of education may sanction any school district that | 15499 |
| reports incomplete or inaccurate data, reports data that does not | 15500 |
| conform to data requirements and descriptions published by the | 15501 |
| department, fails to report data in a timely manner, or otherwise | 15502 |
| does not make a good faith effort to report data as required by | 15503 |
| this section. | 15504 |
| (2) If the department decides to sanction a school district | 15505 |
| under this division, the department shall take the following | 15506 |
| sequential actions: | 15507 |
| (a) Notify the district in writing that the department has | 15508 |
| determined that data has not been reported as required under this | 15509 |
| section and require the district to review its data submission and | 15510 |
| submit corrected data by a deadline established by the department. | 15511 |
| The department also may require the district to develop a | 15512 |
| corrective action plan, which shall include provisions for the | 15513 |
| district to provide mandatory staff training on data reporting | 15514 |
| procedures. | 15515 |
| (b) Withhold up to ten per cent of the total amount due to | 15516 |
| the district under Chapter 3317. of the Revised Code for the | 15517 |
| current fiscal year and, if not previously required under division | 15518 |
| (L)(2)(a) of this section, require the district to develop a | 15519 |
| corrective action plan in accordance with that division; | 15520 |
| (c) Withhold an additional amount of up to twenty per cent of | 15521 |
| the total amount due to the district under Chapter 3317. of the | 15522 |
| Revised Code for the current fiscal year; | 15523 |
| (d) Direct department staff or an outside entity to | 15524 |
| investigate the district's data reporting practices and make | 15525 |
| recommendations for subsequent actions. The recommendations may | 15526 |
| include one or more of the following actions: | 15527 |
| (i) Arrange for an audit of the district's data reporting | 15528 |
| practices by department staff or an outside entity; | 15529 |
| (ii) Conduct a site visit and evaluation of the district; | 15530 |
| (iii) Withhold an additional amount of up to thirty per cent | 15531 |
| of the total amount due to the district under Chapter 3317. of the | 15532 |
| Revised Code for the current fiscal year; | 15533 |
| (iv) Continue monitoring the district's data reporting; | 15534 |
| (v) Assign department staff to supervise the district's data | 15535 |
| management system; | 15536 |
| (vi) Conduct an investigation to determine whether to suspend | 15537 |
| or revoke the license of any district employee in accordance with | 15538 |
| division (N) of this section; | 15539 |
| (vii) Indicate on the report card issued for the district | 15540 |
| under section 3302.03 of the Revised Code that the district has | 15541 |
| been sanctioned for failing to report data as required by this | 15542 |
| section; | 15543 |
| (viii) If incomplete or inaccurate data submitted by the | 15544 |
| district likely caused the district to receive a higher | 15545 |
| performance rating than it deserved under section 3302.03 of the | 15546 |
| Revised Code, issue a revised report card for the district; | 15547 |
| (ix) Any other action designed to correct the district's data | 15548 |
| reporting problems. | 15549 |
| (3) Any time the department takes an action against a school | 15550 |
| district under division (L)(2) of this section, the department | 15551 |
| shall make a report of the circumstances that prompted the action. | 15552 |
| The department shall send a copy of the report to the district | 15553 |
| superintendent and maintain a copy of the report in its files. | 15554 |
| (4) If any action taken under division (L)(2) of this section | 15555 |
| resolves a school district's data reporting problems to the | 15556 |
| department's satisfaction, the department shall not take any | 15557 |
| further actions described by that division. If the department | 15558 |
| withheld funds from the district under that division, the | 15559 |
| department may release those funds to the district, except that if | 15560 |
| the department withheld funding under division (L)(2)(c) of this | 15561 |
| section, the department shall not release the funds withheld under | 15562 |
| division (L)(2)(b) of this section and, if the department withheld | 15563 |
| funding under division (L)(2)(d) of this section, the department | 15564 |
| shall not release the funds withheld under division (L)(2)(b) or | 15565 |
| (c) of this section. | 15566 |
| (5) Notwithstanding anything in this section to the contrary, | 15567 |
| the department may use its own staff or an outside entity to | 15568 |
| conduct an audit of a school district's data reporting practices | 15569 |
| any time the department has reason to believe the district has not | 15570 |
| made a good faith effort to report data as required by this | 15571 |
| section. If any audit conducted by an outside entity under | 15572 |
| division (L)(2)(d)(i) or (5) of this section confirms that a | 15573 |
| district has not made a good faith effort to report data as | 15574 |
| required by this section, the district shall reimburse the | 15575 |
| department for the full cost of the audit. The department may | 15576 |
| withhold funds due to the district under Chapter 3317. of the | 15577 |
| Revised Code for this purpose. | 15578 |
| (6) Prior to issuing a revised report card for a school | 15579 |
| district under division (L)(2)(d)(viii) of this section, the | 15580 |
| department may hold a hearing to provide the district with an | 15581 |
| opportunity to demonstrate that it made a good faith effort to | 15582 |
| report data as required by this section. The hearing shall be | 15583 |
| conducted by a referee appointed by the department. Based on the | 15584 |
| information provided in the hearing, the referee shall recommend | 15585 |
| whether the department should issue a revised report card for the | 15586 |
| district. If the referee affirms the department's contention that | 15587 |
| the district did not make a good faith effort to report data as | 15588 |
| required by this section, the district shall bear the full cost of | 15589 |
| conducting the hearing and of issuing any revised report card. | 15590 |
| (7) If the department determines that any inaccurate data | 15591 |
| reported under this section caused a school district to receive | 15592 |
| excess funds under Chapter 3317. of the Revised Code in any fiscal | 15593 |
| year, the district shall reimburse the department an amount equal | 15594 |
| to the excess funds, in accordance with a payment schedule | 15595 |
| determined by the department. The department may withhold funds | 15596 |
| due to the district under Chapter 3317. of the Revised Code for | 15597 |
| this purpose. | 15598 |
| (8) Any school district that has funds withheld under | 15599 |
| division (L)(2) of this section may appeal the withholding in | 15600 |
| accordance with Chapter 119. of the Revised Code. | 15601 |
| (9) In all cases of a disagreement between the department and | 15602 |
| a school district regarding the appropriateness of an action taken | 15603 |
| under division (L)(2) of this section, the burden of proof shall | 15604 |
| be on the district to demonstrate that it made a good faith effort | 15605 |
| to report data as required by this section. | 15606 |
| (M) No information technology center or school district shall | 15607 |
| acquire, change, or update its student administration software | 15608 |
| package to manage and report data required to be reported to the | 15609 |
| department unless it converts to a student software package that | 15610 |
| is certified by the department. | 15611 |
| (N) The state board of education, in accordance with sections | 15612 |
| 3319.31 and 3319.311 of the Revised Code, may suspend or revoke a | 15613 |
| license as defined under division (A) of section 3319.31 of the | 15614 |
| Revised Code that has been issued to any school district employee | 15615 |
| found to have willfully reported erroneous, inaccurate, or | 15616 |
| incomplete data to the education management information system. | 15617 |
| (O) No person shall release or maintain any information about | 15618 |
| any student in violation of this section. Whoever violates this | 15619 |
| division is guilty of a misdemeanor of the fourth degree. | 15620 |
| (P) The department shall disaggregate the data collected | 15621 |
| under division (B)(1)(o) of this section according to the race and | 15622 |
| socioeconomic status of the students assessed. No data collected | 15623 |
| under that division shall be included on the report cards required | 15624 |
| by section 3302.03 of the Revised Code. | 15625 |
| (Q) If the department cannot compile any of the information | 15626 |
| required by division (C)(5) of section 3302.03 of the Revised Code | 15627 |
| based upon the data collected under this section, the department | 15628 |
| shall develop a plan and a reasonable timeline for the collection | 15629 |
| of any data necessary to comply with that division. | 15630 |
| Sec. 3301.162. (A) If the governing authority of a chartered | 15631 |
| nonpublic school intends to close the school, the governing | 15632 |
| authority shall notify all of the following of that intent prior | 15633 |
| to closing the school: | 15634 |
| (1) The department of education; | 15635 |
| (2) The school district that receives auxiliary services | 15636 |
| funding under division (I) of section 3317.024 of the Revised Code | 15637 |
| on behalf of the students enrolled in the school; | 15638 |
| (3) The accrediting association that most recently accredited | 15639 |
| the school for purposes of chartering the school in accordance | 15640 |
| with the rules of the state board of education, if applicable. | 15641 |
| The notice shall include the school year and, if possible, | 15642 |
| the actual date the school will close. | 15643 |
| (B) The chief administrator of each chartered nonpublic | 15644 |
| school that closes shall deposit the school's records with the | 15645 |
| school district that received auxiliary services funding under | 15646 |
| division (I) of section 3317.024 of the Revised Code on behalf of | 15647 |
| the students enrolled in the school. | 15648 |
| The school district that receives the records may charge for | 15649 |
| and receive a one-time reimbursement from auxiliary services | 15650 |
| funding under division (I) of section 3317.024 of the Revised Code | 15651 |
| for costs the district incurred to store the records. | 15652 |
| Sec. 3301.53. (A) | 15653 |
| board of education, in consultation with the director of job and | 15654 |
| family services, shall formulate and prescribe by rule adopted | 15655 |
| under Chapter 119. of the Revised Code minimum standards to be | 15656 |
| applied to preschool programs operated by school district boards | 15657 |
| of education, county MR/DD boards, or eligible nonpublic schools. | 15658 |
| The rules shall include the following: | 15659 |
| (1) Standards ensuring that the preschool program is located | 15660 |
| in a safe and convenient facility that accommodates the enrollment | 15661 |
| of the program, is of the quality to support the growth and | 15662 |
| development of the children according to the program objectives, | 15663 |
| and meets the requirements of section 3301.55 of the Revised Code; | 15664 |
| (2) Standards ensuring that supervision, discipline, and | 15665 |
| programs will be administered according to established objectives | 15666 |
| and procedures; | 15667 |
| (3) Standards ensuring that preschool staff members and | 15668 |
| nonteaching employees are recruited, employed, assigned, | 15669 |
| evaluated, and provided inservice education without discrimination | 15670 |
| on the basis of age, color, national origin, race, or sex; and | 15671 |
| that preschool staff members and nonteaching employees are | 15672 |
| assigned responsibilities in accordance with written position | 15673 |
| descriptions commensurate with their training and experience; | 15674 |
| (4) A requirement that boards of education intending to | 15675 |
|
establish a preschool program | 15676 |
|
demonstrate a need for a preschool program | 15677 |
| 15678 | |
| establishing the program; | 15679 |
| (5) Requirements that children participating in preschool | 15680 |
| programs have been immunized to the extent considered appropriate | 15681 |
| by the state board to prevent the spread of communicable disease; | 15682 |
| (6) Requirements that the parents of preschool children | 15683 |
| complete the emergency medical authorization form specified in | 15684 |
| section 3313.712 of the Revised Code. | 15685 |
| (B) The state board of education in consultation with the | 15686 |
| director of job and family services shall ensure that the rules | 15687 |
| adopted by the state board under sections 3301.52 to 3301.58 of | 15688 |
| the Revised Code are consistent with and meet or exceed the | 15689 |
| requirements of Chapter 5104. of the Revised Code with regard to | 15690 |
| child day-care centers. The state board and the director of job | 15691 |
| and family services shall review all such rules at least once | 15692 |
| every five years. | 15693 |
| (C) | 15694 |
| education, in consultation with the director of job and family | 15695 |
| services, shall adopt rules for school child programs that are | 15696 |
| consistent with and meet or exceed the requirements of the rules | 15697 |
| adopted for school child day-care centers under Chapter 5104. of | 15698 |
| the Revised Code. | 15699 |
| Sec. 3302.03. (A) Annually the department of education shall | 15700 |
| report for each school district and each school building in a | 15701 |
| district all of the following: | 15702 |
| (1) The extent to which the school district or building meets | 15703 |
| each of the applicable performance indicators created by the state | 15704 |
| board of education under section 3302.02 of the Revised Code and | 15705 |
| the number of applicable performance indicators that have been | 15706 |
| achieved; | 15707 |
| (2) The performance index score of the school district or | 15708 |
| building; | 15709 |
| (3) Whether the school district or building has made adequate | 15710 |
| yearly progress; | 15711 |
| (4) Whether the school district or building is excellent, | 15712 |
| effective, needs continuous improvement, is under an academic | 15713 |
| watch, or is in a state of academic emergency. | 15714 |
| (B) Except as otherwise provided in | 15715 |
| and (7) of this section: | 15716 |
| (1) A school district or building shall be declared excellent | 15717 |
| if it fulfills one of the following requirements: | 15718 |
| (a) It makes adequate yearly progress and either meets at | 15719 |
| least ninety-four per cent of the applicable state performance | 15720 |
| indicators or has a performance index score established by the | 15721 |
| department. | 15722 |
| (b) It has failed to make adequate yearly progress for not | 15723 |
| more than two consecutive years and either meets at least | 15724 |
| ninety-four per cent of the applicable state performance | 15725 |
| indicators or has a performance index score established by the | 15726 |
| department. | 15727 |
| (2) A school district or building shall be declared effective | 15728 |
| if it fulfills one of the following requirements: | 15729 |
| (a) It makes adequate yearly progress and either meets at | 15730 |
| least seventy-five per cent but less than ninety-four per cent of | 15731 |
| the applicable state performance indicators or has a performance | 15732 |
| index score established by the department. | 15733 |
| (b) It does not make adequate yearly progress and either | 15734 |
| meets at least seventy-five per cent of the applicable state | 15735 |
| performance indicators or has a performance index score | 15736 |
| established by the department, except that if it does not make | 15737 |
| adequate yearly progress for three consecutive years, it shall be | 15738 |
| declared in need of continuous improvement. | 15739 |
| (3) A school district or building shall be declared to be in | 15740 |
| need of continuous improvement if it fulfills one of the following | 15741 |
| requirements: | 15742 |
| (a) It makes adequate yearly progress, meets less than | 15743 |
| seventy-five per cent of the applicable state performance | 15744 |
| indicators, and has a performance index score established by the | 15745 |
| department. | 15746 |
| (b) It does not make adequate yearly progress and either | 15747 |
| meets at least fifty per cent but less than seventy-five per cent | 15748 |
| of the applicable state performance indicators or has a | 15749 |
| performance index score established by the department. | 15750 |
| (4) A school district or building shall be declared to be | 15751 |
| under an academic watch if it does not make adequate yearly | 15752 |
| progress and either meets at least thirty-one per cent but less | 15753 |
| than fifty per cent of the applicable state performance indicators | 15754 |
| or has a performance index score established by the department. | 15755 |
| (5) A school district or building shall be declared to be in | 15756 |
| a state of academic emergency if it does not make adequate yearly | 15757 |
| progress, does not meet at least thirty-one per cent of the | 15758 |
| applicable state performance indicators, and has a performance | 15759 |
| index score established by the department. | 15760 |
| (6) When designating performance ratings for school districts | 15761 |
| and buildings under divisions (B)(1) to (5) of this section, the | 15762 |
| department shall not assign a school district or building a lower | 15763 |
| designation from its previous year's designation based solely on | 15764 |
| one subgroup not making adequate yearly progress. | 15765 |
| (7) Division (B)(7) of this section does not apply to any | 15766 |
| community school established under Chapter 3314. of the Revised | 15767 |
| Code in which a majority of the students are enrolled in a dropout | 15768 |
| prevention and recovery program. | 15769 |
| A school district or building shall not be assigned a higher | 15770 |
| performance rating than in need of continuous improvement if at | 15771 |
| least ten per cent but not more than fifteen per cent of the | 15772 |
| enrolled students do not take all achievement tests prescribed for | 15773 |
| their grade level under section 3301.0710 of the Revised Code from | 15774 |
| which they are not excused pursuant to division (C)(1) or (3) of | 15775 |
| section 3301.0711 of the Revised Code. A school district or | 15776 |
| building shall not be assigned a higher performance rating than | 15777 |
| under an academic watch if more than fifteen per cent but not more | 15778 |
| than twenty per cent of the enrolled students do not take all | 15779 |
| achievement tests prescribed for their grade level under section | 15780 |
| 3301.0710 of the Revised Code from which they are not excused | 15781 |
| pursuant to division (C)(1) or (3) of section 3301.0711 of the | 15782 |
| Revised Code. A school district or building shall not be assigned | 15783 |
| a higher performance rating than in a state of academic emergency | 15784 |
| if more than twenty per cent of the enrolled students do not take | 15785 |
| all achievement tests prescribed for their grade level under | 15786 |
| section 3301.0710 of the Revised Code from which they are not | 15787 |
| excused pursuant to division (C)(1) or (3) of section 3301.0711 of | 15788 |
| the Revised Code. | 15789 |
| (C)(1) The department shall issue annual report cards for | 15790 |
| each school district, each building within each district, and for | 15791 |
| the state as a whole reflecting performance on the indicators | 15792 |
| created by the state board under section 3302.02 of the Revised | 15793 |
| Code, the performance index score, and adequate yearly progress. | 15794 |
| (2) The department shall include on the report card for each | 15795 |
| district information pertaining to any change from the previous | 15796 |
| year made by the school district or school buildings within the | 15797 |
| district on any performance indicator. | 15798 |
| (3) When reporting data on student performance, the | 15799 |
| department shall disaggregate that data according to the following | 15800 |
| categories: | 15801 |
| (a) Performance of students by age group; | 15802 |
| (b) Performance of students by race and ethnic group; | 15803 |
| (c) Performance of students by gender; | 15804 |
| (d) Performance of students grouped by those who have been | 15805 |
| enrolled in a district or school for three or more years; | 15806 |
| (e) Performance of students grouped by those who have been | 15807 |
| enrolled in a district or school for more than one year and less | 15808 |
| than three years; | 15809 |
| (f) Performance of students grouped by those who have been | 15810 |
| enrolled in a district or school for one year or less; | 15811 |
| (g) Performance of students grouped by those who are | 15812 |
| economically disadvantaged; | 15813 |
| (h) Performance of students grouped by those who are enrolled | 15814 |
| in a conversion community school established under Chapter 3314. | 15815 |
| of the Revised Code; | 15816 |
| (i) Performance of students grouped by those who are | 15817 |
| classified as limited English proficient; | 15818 |
| (j) Performance of students grouped by those who have | 15819 |
| disabilities; | 15820 |
| (k) Performance of students grouped by those who are | 15821 |
| classified as migrants; | 15822 |
| (l) Performance of students grouped by those who are | 15823 |
| identified as gifted pursuant to Chapter 3324. of the Revised | 15824 |
| Code. | 15825 |
| The department may disaggregate data on student performance | 15826 |
| according to other categories that the department determines are | 15827 |
| appropriate. To the extent possible, the department shall | 15828 |
| disaggregate data on student performance according to any | 15829 |
| combinations of two or more of the categories listed in divisions | 15830 |
| (C)(3)(a) to (l) of this section that it deems relevant. | 15831 |
| In reporting data pursuant to division (C)(3) of this | 15832 |
| section, the department shall not include in the report cards any | 15833 |
| data statistical in nature that is statistically unreliable or | 15834 |
| that could result in the identification of individual students. | 15835 |
| For this purpose, the department shall not report student | 15836 |
| performance data for any group identified in division (C)(3) of | 15837 |
| this section that contains less than ten students. | 15838 |
| (4) The department may include with the report cards any | 15839 |
| additional education and fiscal performance data it deems | 15840 |
| valuable. | 15841 |
| (5) The department shall include on each report card a list | 15842 |
| of additional information collected by the department that is | 15843 |
| available regarding the district or building for which the report | 15844 |
| card is issued. When available, such additional information shall | 15845 |
| include student mobility data disaggregated by race and | 15846 |
| socioeconomic status, college enrollment data, and the reports | 15847 |
| prepared under section 3302.031 of the Revised Code. | 15848 |
| The department shall maintain a site on the world wide web. | 15849 |
| The report card shall include the address of the site and shall | 15850 |
| specify that such additional information is available to the | 15851 |
| public at that site. The department shall also provide a copy of | 15852 |
| each item on the list to the superintendent of each school | 15853 |
| district. The district superintendent shall provide a copy of any | 15854 |
| item on the list to anyone who requests it. | 15855 |
| (6)(a) This division does not apply to conversion community | 15856 |
| schools that primarily enroll students between sixteen and | 15857 |
| twenty-two years of age who dropped out of high school or are at | 15858 |
| risk of dropping out of high school due to poor attendance, | 15859 |
| disciplinary problems, or suspensions. | 15860 |
| For any district that sponsors a conversion community school | 15861 |
| under Chapter 3314. of the Revised Code, the department shall | 15862 |
| combine data regarding the academic performance of students | 15863 |
| enrolled in the community school with comparable data from the | 15864 |
| schools of the district for the purpose of calculating the | 15865 |
| performance of the district as a whole on the report card issued | 15866 |
| for the district. | 15867 |
| (b) Any district that leases a building to a community school | 15868 |
| located in the district or that enters into an agreement with a | 15869 |
| community school located in the district whereby the district and | 15870 |
| the school endorse each other's programs may elect to have data | 15871 |
| regarding the academic performance of students enrolled in the | 15872 |
| community school combined with comparable data from the schools of | 15873 |
| the district for the purpose of calculating the performance of the | 15874 |
| district as a whole on the district report card. Any district that | 15875 |
| so elects shall annually file a copy of the lease or agreement | 15876 |
| with the department. | 15877 |
| (7) The department shall include on each report card the | 15878 |
| percentage of teachers in the district or building who are highly | 15879 |
| qualified, as defined by the "No Child Left Behind Act of 2001," | 15880 |
| and a comparison of that percentage with the percentages of such | 15881 |
| teachers in similar districts and buildings. | 15882 |
| (8) The department shall include on the report card the | 15883 |
| number of master teachers employed by each district and each | 15884 |
| building once the data is available from the education management | 15885 |
| information system established under section 3301.0714 of the | 15886 |
| Revised Code. | 15887 |
| (D)(1) In calculating reading, writing, mathematics, social | 15888 |
| studies, or science proficiency or achievement test passage rates | 15889 |
| used to determine school district or building performance under | 15890 |
| this section, the department shall include all students taking a | 15891 |
| test with accommodation or to whom an alternate assessment is | 15892 |
| administered pursuant to division (C)(1) or (3) of section | 15893 |
| 3301.0711 of the Revised Code. | 15894 |
| (2) In calculating performance index scores, rates of | 15895 |
| achievement on the performance indicators established by the state | 15896 |
| board under section 3302.02 of the Revised Code, and adequate | 15897 |
| yearly progress for school districts and buildings under this | 15898 |
| section, the department shall do all of the following: | 15899 |
| (a) Include for each district or building only those students | 15900 |
| who are included in the ADM certified for the first full school | 15901 |
| week of October and are continuously enrolled in the district or | 15902 |
| building through the time of the spring administration of any test | 15903 |
| prescribed by section 3301.0710 of the Revised Code that is | 15904 |
| administered to the student's grade level; | 15905 |
| (b) Include cumulative totals from both the fall and spring | 15906 |
| administrations of the third grade reading achievement test; | 15907 |
| (c) Except as required by the "No Child Left Behind Act of | 15908 |
| 2001" for the calculation of adequate yearly progress, exclude for | 15909 |
| each district or building any limited English proficient student | 15910 |
| who has been enrolled in United States schools for less than one | 15911 |
| full school year. | 15912 |
| Sec. 3302.10. (A) Beginning July 1, 2007, the superintendent | 15913 |
| of public instruction | 15914 |
| commission for | 15915 |
| be in a state of academic emergency pursuant to section 3302.03 of | 15916 |
| the Revised Code and has failed to make adequate yearly progress | 15917 |
| for four or more consecutive school years. Each commission shall | 15918 |
| assist the district for which it was established in improving the | 15919 |
| district's academic performance. | 15920 |
| Each commission is a body both corporate and politic, | 15921 |
| constituting an agency and instrumentality of the state and | 15922 |
| performing essential governmental functions of the state. A | 15923 |
| commission shall be known as the "academic distress commission for | 15924 |
| ............... (name of school district)," and, in that name, may | 15925 |
| exercise all authority vested in such a commission by this | 15926 |
| section. A separate commission shall be established for each | 15927 |
| school district designated by the superintendent of public | 15928 |
| instruction. | 15929 |
| (B) Each academic distress commission shall consist of five | 15930 |
| voting members, three of whom shall be appointed by the | 15931 |
| superintendent of public instruction and two of whom shall be | 15932 |
| residents of the applicable school district appointed by the | 15933 |
| president of the district board of education | 15934 |
| 15935 | |
| section, the superintendent of public instruction shall provide | 15936 |
| written notification of that fact to the district board of | 15937 |
| education and shall request the president of the district board to | 15938 |
| submit to the superintendent of public instruction, in writing, | 15939 |
| the names of the president's appointees to the commission. The | 15940 |
| superintendent of public instruction and the president of the | 15941 |
| district board shall make appointments to the commission within | 15942 |
| thirty days after the district is notified that it is subject to | 15943 |
| this section. | 15944 |
| Members of the commission shall serve at the pleasure of | 15945 |
| their appointing authority during the life of the commission. In | 15946 |
| the event of the death, resignation, incapacity, removal, or | 15947 |
| ineligibility to serve of a member, the appointing authority shall | 15948 |
| appoint a successor within fifteen days after the vacancy occurs. | 15949 |
| Members shall serve without compensation, but shall be paid by the | 15950 |
| commission their necessary and actual expenses incurred while | 15951 |
| engaged in the business of the commission. | 15952 |
| (C) Immediately after appointment of the initial members of | 15953 |
| an academic distress commission, the superintendent of public | 15954 |
| instruction shall call the first meeting of the commission and | 15955 |
| shall cause written notice of the time, date, and place of that | 15956 |
| meeting to be given to each member of the commission at least | 15957 |
| forty-eight hours in advance of the meeting. The first meeting | 15958 |
| shall include an overview of the commission's roles and | 15959 |
| responsibilities, the requirements of section 2921.42 and Chapter | 15960 |
| 102. of the Revised Code as they pertain to commission members, | 15961 |
| the requirements of section 121.22 of the Revised Code, and the | 15962 |
| provisions of division (F) of this section. At its first meeting, | 15963 |
| the commission shall adopt temporary bylaws in accordance with | 15964 |
| division (D) of this section to govern its operations until the | 15965 |
| adoption of permanent bylaws. | 15966 |
| The superintendent of public instruction shall designate a | 15967 |
| chairperson for the commission from among the members appointed by | 15968 |
| the superintendent. The chairperson shall call and conduct | 15969 |
| meetings, set meeting agendas, and serve as a liaison between the | 15970 |
| commission and the district board of education. The chairperson | 15971 |
| also shall appoint a secretary, who shall not be a member of the | 15972 |
| commission. | 15973 |
| The department of education shall provide administrative | 15974 |
| support for the commission, provide data requested by the | 15975 |
| commission, and inform the commission of available state resources | 15976 |
| that could assist the commission in its work. | 15977 |
| (D) Each academic distress commission may adopt and alter | 15978 |
| bylaws and rules, which shall not be subject to section 111.15 or | 15979 |
| Chapter 119. of the Revised Code, for the conduct of its affairs | 15980 |
| and for the manner, subject to this section, in which its powers | 15981 |
| and functions shall be exercised and embodied. | 15982 |
| (E) Three members of an academic distress commission | 15983 |
| constitute a quorum of the commission. The affirmative vote of | 15984 |
| three members of the commission is necessary for any action taken | 15985 |
| by vote of the commission. No vacancy in the membership of the | 15986 |
| commission shall impair the rights of a quorum by such vote to | 15987 |
| exercise all the rights and perform all the duties of the | 15988 |
| commission. Members of the commission are not disqualified from | 15989 |
| voting by reason of the functions of any other office they hold | 15990 |
| and are not disqualified from exercising the functions of the | 15991 |
| other office with respect to the school district, its officers, or | 15992 |
| the commission. | 15993 |
| (F) The members of an academic distress commission, the | 15994 |
| superintendent of public instruction, and any person authorized to | 15995 |
| act on behalf of or assist them shall not be personally liable or | 15996 |
| subject to any suit, judgment, or claim for damages resulting from | 15997 |
| the exercise of or failure to exercise the powers, duties, and | 15998 |
| functions granted to them in regard to their functioning under | 15999 |
| this section, but the commission, superintendent of public | 16000 |
| instruction, and such other persons shall be subject to mandamus | 16001 |
| proceedings to compel performance of their duties under this | 16002 |
| section. | 16003 |
| (G) The members of an academic distress commission are not | 16004 |
| subject to section 102.02 of the Revised Code, except that a | 16005 |
| member who is subject to that section by virtue of holding another | 16006 |
| office or position shall comply with that section with respect to | 16007 |
| that other office or position. However, each member of the | 16008 |
| commission shall file with the Ohio ethics commission a signed | 16009 |
| written statement setting forth the general nature of sales of | 16010 |
| goods, property, or services or of loans to the applicable school | 16011 |
| district, in which the commission member has a pecuniary interest | 16012 |
| or in which any member of the commission member's immediate | 16013 |
| family, as defined in section 102.01 of the Revised Code, or any | 16014 |
| corporation, partnership, or enterprise of which the commission | 16015 |
| member is an officer, director, or partner, or of which the | 16016 |
| commission member or a member of the commission member's immediate | 16017 |
| family owns more than a five per cent interest, has a pecuniary | 16018 |
| interest, and of which sale, loan, or interest the commission | 16019 |
| member has knowledge. The statement shall be supplemented from | 16020 |
| time to time to reflect changes in the general nature of any such | 16021 |
| sales or loans. | 16022 |
| (H) Meetings of each academic distress commission shall be | 16023 |
| subject to section 121.22 of the Revised Code. | 16024 |
| (I)(1) Within one hundred twenty days after the first meeting | 16025 |
| of an academic distress commission, the commission shall adopt an | 16026 |
| academic recovery plan to improve academic performance in the | 16027 |
| school district. The plan shall address academic problems at both | 16028 |
| the district and school levels. The plan shall include the | 16029 |
| following: | 16030 |
| (a) Short-term and long-term actions to be taken to improve | 16031 |
| the district's academic performance, including any actions | 16032 |
| required by section 3302.04 of the Revised Code; | 16033 |
| (b) The sequence and timing of the actions described in | 16034 |
| division (I)(1)(a) of this section and the persons responsible for | 16035 |
| implementing the actions; | 16036 |
| (c) Resources that will be applied toward improvement | 16037 |
| efforts; | 16038 |
| (d) Procedures for monitoring and evaluating improvement | 16039 |
| efforts; | 16040 |
| (e) Requirements for reporting to the commission and the | 16041 |
| district board of education on the status of improvement efforts. | 16042 |
| (2) The commission may amend the academic recovery plan | 16043 |
| subsequent to adoption. The commission shall update the plan at | 16044 |
| least annually. | 16045 |
| (3) The commission shall submit the academic recovery plan it | 16046 |
| adopts or updates to the superintendent of public instruction for | 16047 |
| approval immediately following its adoption or updating. The | 16048 |
| superintendent shall evaluate the plan and either approve or | 16049 |
| disapprove it within thirty days after its submission. If the plan | 16050 |
| is disapproved, the superintendent shall recommend modifications | 16051 |
| that will render it acceptable. No academic distress commission | 16052 |
| shall implement an academic recovery plan unless the | 16053 |
| superintendent has approved it. | 16054 |
| (4) County, state, and school district officers and employees | 16055 |
| shall assist the commission diligently and promptly in the | 16056 |
| implementation of the academic recovery plan. | 16057 |
| (J) Each academic distress commission shall seek input from | 16058 |
| the district board of education regarding ways to improve the | 16059 |
| district's academic performance, but any decision of the | 16060 |
| commission related to any authority granted to the commission | 16061 |
| under this section shall be final. | 16062 |
| The commission may do any of the following: | 16063 |
| (1) Appoint school building administrators and reassign | 16064 |
| administrative personnel; | 16065 |
| (2) Terminate the contracts of administrators or | 16066 |
| administrative personnel. The commission shall not be required to | 16067 |
| comply with section 3319.16 of the Revised Code with respect to | 16068 |
| any contract terminated under this division. | 16069 |
| (3) Contract with a private entity to perform school or | 16070 |
| district management functions; | 16071 |
| (4) Establish a budget for the district and approve district | 16072 |
| appropriations and expenditures, unless a financial planning and | 16073 |
| supervision commission has been established for the district | 16074 |
| pursuant to section 3316.05 of the Revised Code. | 16075 |
| | 16076 |
| academic distress commission has been established under this | 16077 |
| section renews any collective bargaining agreement under Chapter | 16078 |
| 4117. of the Revised Code during the existence of the commission, | 16079 |
| the district board shall not enter into any agreement that would | 16080 |
| render any decision of the commission unenforceable. Section | 16081 |
| 3302.08 of the Revised Code does not apply to this division. | 16082 |
| Notwithstanding any provision to the contrary in Chapter | 16083 |
| 4117. of the Revised Code, if the board of education has entered | 16084 |
| into a collective bargaining agreement after | 16085 |
| 16086 | |
| relinquishing one or more of the rights or responsibilities listed | 16087 |
| in division (C) of section 4117.08 of the Revised Code, those | 16088 |
| stipulations are not enforceable and the district board shall | 16089 |
| resume holding those rights or responsibilities as if it had not | 16090 |
| relinquished them in that agreement until such time as both the | 16091 |
| academic distress commission ceases to exist and the district | 16092 |
| board agrees to relinquish those rights or responsibilities in a | 16093 |
| new collective bargaining agreement. The provisions of this | 16094 |
| paragraph apply to a collective bargaining agreement entered into | 16095 |
| after | 16096 |
| those provisions are deemed to be part of that agreement | 16097 |
| regardless of whether the district satisfied the conditions | 16098 |
| prescribed in division (A) of this section at the time the | 16099 |
| district entered into that agreement. | 16100 |
| | 16101 |
| when the district for which it was established receives a | 16102 |
| performance rating under section 3302.03 of the Revised Code of in | 16103 |
| need of continuous improvement or better for two | 16104 |
| prior school years; however, the superintendent of public | 16105 |
| instruction may dissolve the commission earlier if the | 16106 |
| superintendent determines that the district can perform adequately | 16107 |
| without the supervision of the commission. Upon termination of the | 16108 |
| commission, the department of education shall compile a final | 16109 |
| report of the commission's activities to assist other academic | 16110 |
| distress commissions in the conduct of their functions. | 16111 |
| Sec. 3303.20. The superintendent of public instruction shall | 16112 |
| appoint a supervisor of agricultural education within the | 16113 |
| department of education. The supervisor shall be responsible for | 16114 |
| administering and disseminating to school districts information | 16115 |
| about agricultural education. | 16116 |
| The department shall maintain an appropriate number of | 16117 |
| full-time employees focusing on agricultural education. The | 16118 |
| department shall employ at least three program consultants who | 16119 |
| shall be available to provide assistance to school districts on a | 16120 |
| regional basis throughout the state. At least one consultant may | 16121 |
| coordinate local activities of the student organization known as | 16122 |
| the future farmers of America. | 16123 |
| Sec. 3310.51. As used in sections 3310.51 to 3310.63 of the | 16124 |
| Revised Code: | 16125 |
| (A) "Alternative public provider" means either of the | 16126 |
| following providers that agrees to enroll a child in the | 16127 |
| provider's special education program to implement the child's | 16128 |
| individualized education program and to which the eligible | 16129 |
| applicant owes fees for the services provided to the child: | 16130 |
| (1) A school district that is not the school district in | 16131 |
| which the child is entitled to attend school or the child's school | 16132 |
| district of residence, if different; | 16133 |
| (2) A public entity other than a school district. | 16134 |
| (B) "Applicable special education weight" means the multiple | 16135 |
| specified in section 3317.013 of the Revised Code for a handicap | 16136 |
| described in that section. | 16137 |
| (C) "Category one through six special education ADM" means | 16138 |
| the respective categories prescribed in divisions (F)(1) to (6) of | 16139 |
| section 3317.02 of the Revised Code. | 16140 |
| (D) "Eligible applicant" means any of the following: | 16141 |
| (1) Either of the natural or adoptive parents of a qualified | 16142 |
| special education child, except as otherwise specified in this | 16143 |
| division. When the marriage of the natural or adoptive parents of | 16144 |
| the student has been terminated by a divorce, dissolution of | 16145 |
| marriage, or annulment, or when the natural or adoptive parents of | 16146 |
| the student are living separate and apart under a legal separation | 16147 |
| decree, and a court has issued an order allocating the parental | 16148 |
| rights and responsibilities with respect to the child, "eligible | 16149 |
| applicant" means the residential parent as designated by the | 16150 |
| court. If the court issues a shared parenting decree, "eligible | 16151 |
| applicant" means either parent. "Eligible applicant" does not mean | 16152 |
| a parent whose custodial rights have been terminated. | 16153 |
| (2) The custodian of a qualified special education child, | 16154 |
| when a court has granted temporary, legal, or permanent custody of | 16155 |
| the child to an individual other than either of the natural or | 16156 |
| adoptive parents of the child or to a government agency; | 16157 |
| (3) The guardian of a qualified special education child, when | 16158 |
| a court has appointed a guardian for the child; | 16159 |
| (4) The grandparent of a qualified special education child, | 16160 |
| when the grandparent is the child's attorney in fact under a power | 16161 |
| of attorney executed under sections 3109.51 to 3109.62 of the | 16162 |
| Revised Code or when the grandparent has executed a caregiver | 16163 |
| authorization affidavit under sections 3109.65 to 3109.73 of the | 16164 |
| Revised Code; | 16165 |
| (5) The surrogate parent appointed for a qualified special | 16166 |
| education child pursuant to division (B) of section 3323.05 and | 16167 |
| section 3323.051 of the Revised Code; | 16168 |
| (6) A qualified special education child, if the child does | 16169 |
| not have a custodian or guardian and the child is at least | 16170 |
| eighteen years of age. | 16171 |
| (E) "Entitled to attend school" means entitled to attend | 16172 |
| school in a school district under sections 3313.64 and 3313.65 of | 16173 |
| the Revised Code. | 16174 |
| (F) "Formula ADM" and "formula amount" have the same meanings | 16175 |
| as in section 3317.02 of the Revised Code. | 16176 |
| (G) "Handicapped child," "individualized education program," | 16177 |
| and "special education program" have the same meanings as in | 16178 |
| section 3323.01 of the Revised Code. | 16179 |
| (H) "Qualified special education child" is a child for whom | 16180 |
| all of the following conditions apply: | 16181 |
| (1) The child is at least five years of age and less than | 16182 |
| twenty-two years of age; | 16183 |
| (2) The school district in which the child is entitled to | 16184 |
| attend school, or the child's school district of residence if | 16185 |
| different, has identified the child as a handicapped child; | 16186 |
| (3) The school district in which the child is entitled to | 16187 |
| attend school, or the child's school district of residence if | 16188 |
| different, has developed an individualized education program under | 16189 |
| Chapter 3323. of the Revised Code for the child; | 16190 |
| (4) The child either: | 16191 |
| (a) Was enrolled in the schools of the school district in | 16192 |
| which the child is entitled to attend school in any grade from | 16193 |
| kindergarten through twelve in the school year prior to the school | 16194 |
| year in which a scholarship is first sought for the child; | 16195 |
| (b) Is eligible to enter school in any grade kindergarten | 16196 |
| through twelve in the school district in which the child is | 16197 |
| entitled to attend school in the school year in which a | 16198 |
| scholarship is first sought for the child. | 16199 |
| (I) "Registered private provider" means a nonpublic school or | 16200 |
| other nonpublic entity that has been registered by the | 16201 |
| superintendent of public instruction under section 3310.58 of the | 16202 |
| Revised Code. | 16203 |
| (J) "Scholarship" means a scholarship awarded under the | 16204 |
| special education scholarship pilot program pursuant to sections | 16205 |
| 3310.51 to 3310.63 of the Revised Code. | 16206 |
| (K) "School district of residence" has the same meaning as in | 16207 |
| section 3323.01 of the Revised Code. A community school | 16208 |
| established under Chapter 3314. of the Revised Code is not a | 16209 |
| "school district of residence" for purposes of sections 3310.51 to | 16210 |
| 3310.63 of the Revised Code. | 16211 |
| (L) "School year" has the same meaning as in section 3313.62 | 16212 |
| of the Revised Code. | 16213 |
| Sec. 3310.52. (A) The special education scholarship pilot | 16214 |
| program is hereby established. Under the program, in fiscal years | 16215 |
| 2008 through 2013, subject to division (B) of this section, the | 16216 |
| department of education annually shall pay a scholarship to an | 16217 |
| alternative public provider or a registered private provider on | 16218 |
| behalf of an eligible applicant for services provided for a | 16219 |
| qualified special education child. The scholarship shall be used | 16220 |
| only to pay all or part of the fees for the child to attend the | 16221 |
| special education program operated by the alternative public | 16222 |
| provider or registered private provider to implement the child's | 16223 |
| individualized education program in lieu of the child's attending | 16224 |
| the special education program operated by the school district in | 16225 |
| which the child is entitled to attend school. | 16226 |
| (B) The number of scholarships awarded under the pilot | 16227 |
| program in any fiscal year shall not exceed three per cent of the | 16228 |
| total number of students residing in the state identified as | 16229 |
| handicapped children during the previous fiscal year. | 16230 |
| Sec. 3310.53. (A) Except for development of the child's | 16231 |
| individualized education program, as specified in division (B) of | 16232 |
| this section, the school district in which a qualified special | 16233 |
| education child is entitled to attend school and the child's | 16234 |
| school district of residence, if different, are not obligated to | 16235 |
| provide the child with a free appropriate public education under | 16236 |
| Chapter 3323. of the Revised Code for as long as the child | 16237 |
| continues to attend the special education program operated by | 16238 |
| either an alternative public provider or a registered private | 16239 |
| provider for which a scholarship is awarded under the special | 16240 |
| education scholarship pilot program. If at any time, the eligible | 16241 |
| applicant for the child decides no longer to accept scholarship | 16242 |
| payments and enrolls the child in the special education program of | 16243 |
| the school district in which the child is entitled to attend | 16244 |
| school, that district shall provide the child with a free | 16245 |
| appropriate public education under Chapter 3323. of the Revised | 16246 |
| Code. | 16247 |
| (B) Each eligible applicant and each qualified special | 16248 |
| education child have a continuing right to the development of an | 16249 |
| individualized education program for the child that complies with | 16250 |
| Chapter 3323. of the Revised Code, 20 U.S.C. 1400 et seq., and | 16251 |
| administrative rules or guidelines adopted by the Ohio department | 16252 |
| of education or the United States department of education. The | 16253 |
| school district in which a qualified special education child is | 16254 |
| entitled to attend school, or the child's school district of | 16255 |
| residence if different, shall develop each individualized | 16256 |
| education program for the child in accordance with those | 16257 |
| provisions. | 16258 |
| (C) Each school district shall notify an eligible applicant | 16259 |
| of the applicant's and qualified special education child's rights | 16260 |
| under sections 3310.51 to 3310.63 of the Revised Code by providing | 16261 |
| to each eligible applicant the comparison document prescribed in | 16262 |
| section 3323.052 of the Revised Code. An eligible applicant's | 16263 |
| receipt of that document, as acknowledged in a format prescribed | 16264 |
| by the department of education, shall constitute notice that the | 16265 |
| eligible applicant has been informed of those rights. Upon receipt | 16266 |
| of that document, subsequent acceptance of a scholarship | 16267 |
| constitutes the eligible applicant's informed consent to the | 16268 |
| provisions of sections 3310.51 to 3310.63 of the Revised Code. | 16269 |
| Sec. 3310.54. As prescribed in divisions (A)(2)(h), | 16270 |
| (B)(3)(g), and (B)(5) to (10) of section 3317.03 of the Revised | 16271 |
| Code, a qualified special education child in any of grades | 16272 |
| kindergarten through twelve for whom a scholarship is awarded | 16273 |
| under the special education scholarship pilot program shall be | 16274 |
| counted in the formula ADM and category one through six special | 16275 |
| education ADM, as appropriate, of the school district in which the | 16276 |
| child is entitled to attend school. A qualified special education | 16277 |
| child shall not be counted in the formula ADM or category one | 16278 |
| through six special education ADM of any other school district. | 16279 |
| Sec. 3310.55. The department of education shall deduct from | 16280 |
| the amounts paid to each school district under Chapter 3317. of | 16281 |
| the Revised Code, and, if necessary, sections 321.24 and 323.156 | 16282 |
| of the Revised Code, the aggregate amount of scholarships paid | 16283 |
| under section 3310.57 of the Revised Code for qualified special | 16284 |
| education children included in the formula ADM and the category | 16285 |
| one through six special education ADM of that school district. | 16286 |
| Sec. 3310.56. The amount of the scholarship awarded and paid | 16287 |
| on behalf of an eligible applicant for services for a qualified | 16288 |
| special education child under the special education scholarship | 16289 |
| pilot program in each school year shall be the lesser of the | 16290 |
| following: | 16291 |
| (A) The amount of fees charged for that school year by the | 16292 |
| alternative public provider or registered private provider; | 16293 |
| (B) The sum of the amounts calculated under divisions (B)(1) | 16294 |
| and (2) of this section: | 16295 |
| (1) The sum of the formula amount plus the per pupil amount | 16296 |
| of the base funding supplements specified in divisions (C)(1) to | 16297 |
| (4) of section 3317.012 of the Revised Code. | 16298 |
| (2) The formula amount times the applicable special education | 16299 |
| weight for the child's disability. | 16300 |
| Sec. 3310.57. The department of education shall make | 16301 |
| periodic payments to an alternative public provider or a | 16302 |
| registered private provider on behalf of an eligible applicant for | 16303 |
| services for each qualified special education child for whom a | 16304 |
| scholarship has been awarded. The total of all payments made on | 16305 |
| behalf of an applicant in each school year shall not exceed the | 16306 |
| amount calculated for the child under section 3310.56 of the | 16307 |
| Revised Code. | 16308 |
| The scholarship amount shall be proportionately reduced in | 16309 |
| the case of a child who is not enrolled in the special education | 16310 |
| program of an alternative public provider or a registered private | 16311 |
| provider for the entire school year. | 16312 |
| In accordance with division (A) of section 3310.62 of the | 16313 |
| Revised Code, the department shall make no payments on behalf of | 16314 |
| an applicant for a first-time scholarship for a qualified special | 16315 |
| education child while any administrative or judicial mediation or | 16316 |
| proceedings with respect to the content of the child's | 16317 |
| individualized education program are pending. | 16318 |
| Sec. 3310.58. No nonpublic school or entity shall receive | 16319 |
| payments for services for a qualified special education child | 16320 |
| under the special education scholarship pilot program until the | 16321 |
| school or entity registers with the superintendent of public | 16322 |
| instruction. The superintendent shall register and designate as a | 16323 |
| registered private provider any nonpublic school or entity that | 16324 |
| meets the following requirements: | 16325 |
| (A) The special education program operated by the school or | 16326 |
| entity meets the minimum education standards established by the | 16327 |
| state board of education. | 16328 |
| (B) The school or entity does not discriminate on the basis | 16329 |
| of race, ethnicity, national origin, religion, sex, disability, | 16330 |
| age, or ancestry. | 16331 |
| (C) If the school or entity is not chartered by the state | 16332 |
| board under section 3301.16 of the Revised Code, the school or | 16333 |
| entity agrees to comply with section 3319.39 of the Revised Code | 16334 |
| as if it were a school district. | 16335 |
| (D) The teaching and nonteaching professionals employed by | 16336 |
| the school or entity, or employed by any subcontractors of the | 16337 |
| school or entity, hold credentials determined by the state board | 16338 |
| to be appropriate for the qualified special education children | 16339 |
| enrolled in the special education program it operates. | 16340 |
| (E) The school or entity meets applicable health and safety | 16341 |
| standards established by law for school buildings. | 16342 |
| (F) The school or entity agrees to retain on file | 16343 |
| documentation as required by the department of education. | 16344 |
| (G) The school or entity demonstrates fiscal soundness to the | 16345 |
| satisfaction of the department. | 16346 |
| (H) The school or entity agrees to meet other requirements | 16347 |
| established by rule of the state board under section 3310.63 of | 16348 |
| the Revised Code. | 16349 |
| Sec. 3310.59. The superintendent of public instruction shall | 16350 |
| revoke the registration of any school or entity if, after a | 16351 |
| hearing, the superintendent determines that the school or entity | 16352 |
| is in violation of any provision of section 3310.58 of the Revised | 16353 |
| Code. | 16354 |
| Sec. 3310.60. A qualified special education child attending | 16355 |
| a special education program at an alternative public provider or a | 16356 |
| registered private provider with a scholarship shall be entitled | 16357 |
| to transportation to and from that program in the manner | 16358 |
| prescribed by law for any handicapped child attending a nonpublic | 16359 |
| special education program. | 16360 |
| Sec. 3310.61. An eligible applicant on behalf of a child who | 16361 |
| currently attends a public special education program under a | 16362 |
| contract, compact, or other bilateral agreement, or on behalf of a | 16363 |
| child who currently attends a community school, shall not be | 16364 |
| prohibited from applying for and accepting a scholarship so that | 16365 |
| the applicant may withdraw the child from that program or | 16366 |
| community school and use the scholarship for the child to attend a | 16367 |
| special education program operated by an alternative public | 16368 |
| provider or a registered private provider. | 16369 |
| Sec. 3310.62. (A) A scholarship under the special education | 16370 |
| scholarship pilot program shall not be awarded for the first time | 16371 |
| to an eligible applicant on behalf of a qualified special | 16372 |
| education child while the child's individualized education program | 16373 |
| is being developed by the school district in which the child is | 16374 |
| entitled to attend school, or by the child's school district of | 16375 |
| residence if different, or while any administrative or judicial | 16376 |
| mediation or proceedings with respect to the content of that | 16377 |
| individualized education program are pending. | 16378 |
| (B) Development of individualized education programs | 16379 |
| subsequent to the one developed for the child the first time a | 16380 |
| scholarship was awarded on behalf of the child and the | 16381 |
| prosecuting, by the eligible applicant on behalf of the child, of | 16382 |
| administrative or judicial mediation or proceedings with respect | 16383 |
| to any of those subsequent individualized education programs do | 16384 |
| not affect the applicant's and the child's continued eligibility | 16385 |
| for scholarship payments. | 16386 |
| (C) In the case of any child for whom a scholarship has been | 16387 |
| awarded, if the school district in which the child is entitled to | 16388 |
| attend school has agreed to provide some services for the child | 16389 |
| under an agreement entered into with the eligible applicant or | 16390 |
| with the alternative public provider or registered private | 16391 |
| provider implementing the child's individualized education | 16392 |
| program, or if the district is required by law to provide some | 16393 |
| services for the child, including transportation services under | 16394 |
| sections 3310.60 and 3327.01 of the Revised Code, the district | 16395 |
| shall not discontinue the services it is providing pending | 16396 |
| completion of any administrative proceedings regarding those | 16397 |
| services. The prosecuting, by the eligible applicant on behalf of | 16398 |
| the child, of administrative proceedings regarding the services | 16399 |
| provided by the district does not affect the applicant's and the | 16400 |
| child's continued eligibility for scholarship payments. | 16401 |
| (D) The department of education shall continue to make | 16402 |
| payments to the alternative public provider or registered private | 16403 |
| provider on behalf of the eligible applicant under section 3310.57 | 16404 |
| of the Revised Code while either of the following are pending: | 16405 |
| (1) Administrative or judicial mediation or proceedings with | 16406 |
| respect to a subsequent individualized education program for the | 16407 |
| child referred to in division (B) of this section; | 16408 |
| (2) Administrative proceedings regarding services provided by | 16409 |
| the district under division (C) of this section. | 16410 |
| Sec. 3310.63. The state board of education shall adopt rules | 16411 |
| in accordance with Chapter 119. of the Revised Code prescribing | 16412 |
| procedures necessary to implement sections 3310.51 to 3310.62 of | 16413 |
| the Revised Code including, but not limited to, procedures and | 16414 |
| deadlines for parents to apply for scholarships, standards for | 16415 |
| registered private providers, and procedures for registration of | 16416 |
| private providers. | 16417 |
| Sec. 3311.24. (A)(1) Except as provided in division (B) of | 16418 |
|
this section, | 16419 |
|
village, or local school district
| 16420 |
| with the state board of education a proposal to transfer territory | 16421 |
| from such district to an adjoining city, exempted village, or | 16422 |
| local school district | 16423 |
| circumstances: | 16424 |
| (a) The district board deems the transfer advisable; | 16425 |
| (b) A petition, signed by seventy-five per cent of the | 16426 |
| qualified electors residing within that portion of a city, | 16427 |
| exempted village, or local school district proposed to be | 16428 |
| transferred voting at the last general election, requests such a | 16429 |
| transfer | 16430 |
| (c) If no qualified electors reside in that portion of the | 16431 |
| district proposed to be transferred, a petition, signed by | 16432 |
| seventy-five per cent of the owners of parcels of real property on | 16433 |
| the tax duplicate within that portion of the district, requests | 16434 |
| such a transfer. | 16435 |
| (2) The board of education of the district in which such | 16436 |
| proposal originates shall file such proposal, together with a map | 16437 |
| showing the boundaries of the territory proposed to be | 16438 |
| transferred, with the state board of education prior to the first | 16439 |
| day of April in any even-numbered year. The state board of | 16440 |
| education may, if it is advisable, provide for a hearing in any | 16441 |
| suitable place in any of the school districts affected by such | 16442 |
| proposed transfer of territory. The state board of education or | 16443 |
| its representatives shall preside at any such hearing. | 16444 |
| (3) A board of education of a city, exempted village, or | 16445 |
| local school district that receives a petition of transfer signed | 16446 |
| by electors of the district under | 16447 |
| section shall cause the board of elections to check the | 16448 |
| sufficiency of signatures on the petition. A board of education of | 16449 |
| a city, exempted village, or local school district that receives a | 16450 |
| petition of transfer signed by owners of parcels of real property | 16451 |
| under division (A)(1)(c) of this section shall cause the county | 16452 |
| auditor to check the sufficiency of signatures on the petition. | 16453 |
| (4) Not later than the first day of September the state board | 16454 |
| of education shall either approve or disapprove a proposed | 16455 |
| transfer of territory filed with it as provided by this section | 16456 |
| and shall notify, in writing, the boards of education of the | 16457 |
| districts affected by such proposed transfer of territory of its | 16458 |
| decision. | 16459 |
| If the decision of the state board of education is an | 16460 |
| approval of the proposed transfer of territory then the board of | 16461 |
| education of the district in which the territory is located shall, | 16462 |
| within thirty days after receiving the state board of education's | 16463 |
| decision, adopt a resolution transferring the territory and shall | 16464 |
| forthwith submit a copy of such resolution to the treasurer of the | 16465 |
| board of education of the city, exempted village, or local school | 16466 |
| district to which the territory is transferred. Such transfer | 16467 |
| shall not be complete however, until: | 16468 |
| | 16469 |
| a majority vote of the full membership of the board of education | 16470 |
| of the city, exempted village, or local school district to which | 16471 |
| the territory is transferred; | 16472 |
| | 16473 |
| between the districts involved has been made by the board of | 16474 |
| education making the transfer; | 16475 |
| | 16476 |
| transferred has been filed, by the board of education accepting | 16477 |
| the transfer, with the county auditor of each county affected by | 16478 |
| the transfer. | 16479 |
| When such transfer is complete the legal title of the school | 16480 |
| property in the territory transferred shall be vested in the board | 16481 |
| of education or governing board of the school district to which | 16482 |
| the territory is transferred. | 16483 |
| (B) Whenever the transfer of territory pursuant to this | 16484 |
| section is initiated by a board of education, the board shall, | 16485 |
| before filing a proposal for transfer with the state board of | 16486 |
| education under this section, make a good faith effort to | 16487 |
| negotiate the terms of transfer with any other school district | 16488 |
| whose territory would be affected by the transfer. Before the | 16489 |
| state board may hold a hearing on the transfer, or approve or | 16490 |
| disapprove any such transfer, it must receive the following: | 16491 |
| (1) A resolution requesting approval of the transfer, passed | 16492 |
| by the school district submitting the proposal; | 16493 |
| (2) Evidence determined to be sufficient by the state board | 16494 |
| to show that good faith negotiations have taken place or that the | 16495 |
| district requesting the transfer has made a good faith effort to | 16496 |
| hold such negotiations; | 16497 |
| (3) If any negotiations took place, a statement signed by all | 16498 |
| boards that participated in the negotiations, listing the terms | 16499 |
| agreed on and the points on which no agreement could be reached. | 16500 |
| Negotiations held pursuant to this section shall be governed | 16501 |
| by the rules adopted by the state board under division (D) of | 16502 |
| section 3311.06 of the Revised Code. Districts involved in a | 16503 |
| transfer under division (B) of this section may agree to share | 16504 |
| revenues from the property included in the territory to be | 16505 |
| transferred, establish cooperative programs between the | 16506 |
| participating districts, and establish mechanisms for the | 16507 |
| settlement of any future boundary disputes. | 16508 |
| Sec. 3313.41. (A) Except as provided in divisions (C), (D), | 16509 |
| (F), and (G) of this section, when a board of education decides to | 16510 |
| dispose of real or personal property that it owns in its corporate | 16511 |
| capacity and that exceeds in value ten thousand dollars, it shall | 16512 |
| sell the property at public auction, after giving at least thirty | 16513 |
| days' notice of the auction by publication in a newspaper of | 16514 |
| general circulation or by posting notices in five of the most | 16515 |
| public places in the school district in which the property, if it | 16516 |
| is real property, is situated, or, if it is personal property, in | 16517 |
| the school district of the board of education that owns the | 16518 |
| property. The board may offer real property for sale as an entire | 16519 |
| tract or in parcels. | 16520 |
| (B) When the board of education has offered real or personal | 16521 |
| property for sale at public auction at least once pursuant to | 16522 |
| division (A) of this section, and the property has not been sold, | 16523 |
| the board may sell it at a private sale. Regardless of how it was | 16524 |
| offered at public auction, at a private sale, the board shall, as | 16525 |
| it considers best, sell real property as an entire tract or in | 16526 |
| parcels, and personal property in a single lot or in several lots. | 16527 |
| (C) If a board of education decides to dispose of real or | 16528 |
| personal property that it owns in its corporate capacity and that | 16529 |
| exceeds in value ten thousand dollars, it may sell the property to | 16530 |
| the adjutant general; to any subdivision or taxing authority as | 16531 |
| respectively defined in divisions (A) and (C) of section 5705.01 | 16532 |
| of the Revised Code, township park district, board of park | 16533 |
| commissioners established under Chapter 755. of the Revised Code, | 16534 |
| or park district established under Chapter 1545. of the Revised | 16535 |
| Code; to a wholly or partially tax-supported university, | 16536 |
| university branch, or college; or to the board of trustees of a | 16537 |
| school district library, upon such terms as are agreed upon. The | 16538 |
| sale of real or personal property to the board of trustees of a | 16539 |
| school district library is limited, in the case of real property, | 16540 |
| to a school district library within whose boundaries the real | 16541 |
| property is situated, or, in the case of personal property, to a | 16542 |
| school district library whose boundaries lie in whole or in part | 16543 |
| within the school district of the selling board of education. | 16544 |
| (D) When a board of education decides to trade as a part or | 16545 |
| an entire consideration, an item of personal property on the | 16546 |
| purchase price of an item of similar personal property, it may | 16547 |
| trade the same upon such terms as are agreed upon by the parties | 16548 |
| to the trade. | 16549 |
| (E) The president and the treasurer of the board of education | 16550 |
| shall execute and deliver deeds or other necessary instruments of | 16551 |
| conveyance to complete any sale or trade under this section. | 16552 |
| (F) When a board of education has identified a parcel of real | 16553 |
| property that it determines is needed for school purposes, the | 16554 |
| board may, upon a majority vote of the members of the board, | 16555 |
| acquire that property by exchanging real property that the board | 16556 |
| owns in its corporate capacity for the identified real property or | 16557 |
| by using real property that the board owns in its corporate | 16558 |
| capacity as part or an entire consideration for the purchase price | 16559 |
| of the identified real property. Any exchange or acquisition made | 16560 |
| pursuant to this division shall be made by a conveyance executed | 16561 |
| by the president and the treasurer of the board. | 16562 |
| (G)(1) When a school district board of education decides to | 16563 |
| dispose of real property suitable for use as classroom space, | 16564 |
| prior to disposing of that property under divisions (A) to (F) of | 16565 |
| this section, it shall first offer that property for sale to the | 16566 |
| governing authorities of the start-up community schools | 16567 |
| established under Chapter 3314. of the Revised Code located within | 16568 |
| the territory of the school district, at a price that is not | 16569 |
| higher than the appraised fair market value of that property. If | 16570 |
| more than one community school governing authority accepts the | 16571 |
| offer made by the school district board, the board shall sell the | 16572 |
| property to the governing authority that accepted the offer first | 16573 |
| in time. If no community school governing authority accepts the | 16574 |
| offer within sixty days after the offer is made by the school | 16575 |
| district board, the board may dispose of the property in the | 16576 |
| applicable manner prescribed under divisions (A) to (F) of this | 16577 |
| section. | 16578 |
| (2) When a school district board of education has not used | 16579 |
| 16580 | |
| suitable for classroom space for academic instruction | 16581 |
| 16582 | |
| 16583 | |
| adopted a resolution outlining a plan for using at least | 16584 |
| seventy-five per cent of that | 16585 |
| 16586 | |
| cent of the next | 16587 |
| 16588 | |
| start-up community schools established under Chapter 3314. of the | 16589 |
| Revised Code located within the territory of the school district, | 16590 |
| at a price that is not higher than the appraised fair market value | 16591 |
| of that property. If more than one community school governing | 16592 |
| authority accepts the offer made by the school district board, the | 16593 |
| board shall sell the property to the governing authority that | 16594 |
| accepted the offer first in time. | 16595 |
| (H) When a school district board of education has property | 16596 |
| that the board, by resolution, finds is not needed for school | 16597 |
| district use, is obsolete, or is unfit for the use for which it | 16598 |
| was acquired, the board may donate that property in accordance | 16599 |
| with this division if the fair market value of the property is, in | 16600 |
| the opinion of the board, two thousand five hundred dollars or | 16601 |
| less. | 16602 |
| The property may be donated to an eligible nonprofit | 16603 |
| organization that is located in this state and is exempt from | 16604 |
| federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3). | 16605 |
| Before donating any property under this division, the board shall | 16606 |
| adopt a resolution expressing its intent to make unneeded, | 16607 |
| obsolete, or unfit-for-use school district property available to | 16608 |
| these organizations. The resolution shall include guidelines and | 16609 |
| procedures the board considers to be necessary to implement the | 16610 |
| donation program and shall indicate whether the school district | 16611 |
| will conduct the donation program or the board will contract with | 16612 |
| a representative to conduct it. If a representative is known when | 16613 |
| the resolution is adopted, the resolution shall provide contact | 16614 |
| information such as the representative's name, address, and | 16615 |
| telephone number. | 16616 |
| The resolution shall include within its procedures a | 16617 |
| requirement that any nonprofit organization desiring to obtain | 16618 |
| donated property under this division shall submit a written notice | 16619 |
| to the board or its representative. The written notice shall | 16620 |
| include evidence that the organization is a nonprofit organization | 16621 |
| that is located in this state and is exempt from federal income | 16622 |
| taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of | 16623 |
| the organization's primary purpose; a description of the type or | 16624 |
| types of property the organization needs; and the name, address, | 16625 |
| and telephone number of a person designated by the organization's | 16626 |
| governing board to receive donated property and to serve as its | 16627 |
| agent. | 16628 |
| After adoption of the resolution, the board shall publish, in | 16629 |
| a newspaper of general circulation in the school district, notice | 16630 |
| of its intent to donate unneeded, obsolete, or unfit-for-use | 16631 |
| school district property to eligible nonprofit organizations. The | 16632 |
| notice shall include a summary of the information provided in the | 16633 |
| resolution and shall be published at least twice. The second and | 16634 |
| any subsequent notice shall be published not less than ten nor | 16635 |
| more than twenty days after the previous notice. A similar notice | 16636 |
| also shall be posted continually in the board's office, and, if | 16637 |
| the school district maintains a web site on the internet, the | 16638 |
| notice shall be posted continually at that web site. | 16639 |
| The board or its representatives shall maintain a list of all | 16640 |
| nonprofit organizations that notify the board or its | 16641 |
| representative of their desire to obtain donated property under | 16642 |
| this division and that the board or its representative determines | 16643 |
| to be eligible, in accordance with the requirements set forth in | 16644 |
| this section and in the donation program's guidelines and | 16645 |
| procedures, to receive donated property. | 16646 |
| The board or its representative also shall maintain a list of | 16647 |
| all school district property the board finds to be unneeded, | 16648 |
| obsolete, or unfit for use and to be available for donation under | 16649 |
| this division. The list shall be posted continually in a | 16650 |
| conspicuous location in the board's office, and, if the school | 16651 |
| district maintains a web site on the internet, the list shall be | 16652 |
| posted continually at that web site. An item of property on the | 16653 |
| list shall be donated to the eligible nonprofit organization that | 16654 |
| first declares to the board or its representative its desire to | 16655 |
| obtain the item unless the board previously has established, by | 16656 |
| resolution, a list of eligible nonprofit organizations that shall | 16657 |
| be given priority with respect to the item's donation. Priority | 16658 |
| may be given on the basis that the purposes of a nonprofit | 16659 |
| organization have a direct relationship to specific school | 16660 |
| district purposes of programs provided or administered by the | 16661 |
| board. A resolution giving priority to certain nonprofit | 16662 |
| organizations with respect to the donation of an item of property | 16663 |
| shall specify the reasons why the organizations are given that | 16664 |
| priority. | 16665 |
| Members of the board shall consult with the Ohio ethics | 16666 |
| commission, and comply with Chapters 102. and 2921. of the Revised | 16667 |
| Code, with respect to any donation under this division to a | 16668 |
| nonprofit organization of which a board member, any member of a | 16669 |
| board member's family, or any business associate of a board member | 16670 |
| is a trustee, officer, board member, or employee. | 16671 |
| Sec. 3313.603. (A) As used in this section: | 16672 |
| (1) "One unit" means a minimum of one hundred twenty hours of | 16673 |
| course instruction, except that for a laboratory course, "one | 16674 |
| unit" means a minimum of one hundred fifty hours of course | 16675 |
| instruction. | 16676 |
| (2) "One-half unit" means a minimum of sixty hours of course | 16677 |
| instruction, except that for physical education courses, "one-half | 16678 |
| unit" means a minimum of one hundred twenty hours of course | 16679 |
| instruction. | 16680 |
| (B) Beginning September 15, 2001, except as required in | 16681 |
| division (C) of this section and division (C) of section 3313.614 | 16682 |
| of the Revised Code, the requirements for graduation from every | 16683 |
| high school shall include twenty units earned in grades nine | 16684 |
| through twelve and shall be distributed as follows: | 16685 |
| (1) English language arts, four units; | 16686 |
| (2) Health, one-half unit; | 16687 |
| (3) Mathematics, three units; | 16688 |
| (4) Physical education, one-half unit; | 16689 |
| (5) Science, two units until September 15, 2003, and three | 16690 |
| units thereafter, which at all times shall include both of the | 16691 |
| following: | 16692 |
| (a) Biological sciences, one unit; | 16693 |
| (b) Physical sciences, one unit. | 16694 |
| (6) Social studies, three units, which shall include both of | 16695 |
| the following: | 16696 |
| (a) American history, one-half unit; | 16697 |
| (b) American government, one-half unit. | 16698 |
| (7) Elective units, seven units until September 15, 2003, and | 16699 |
| six units thereafter. | 16700 |
| Each student's electives shall include at least one unit, or | 16701 |
| two half units, chosen from among the areas of | 16702 |
| business/technology, fine arts, and/or foreign language. | 16703 |
| (C) Beginning with students who enter ninth grade for the | 16704 |
| first time on or after July 1, 2010, except as provided in | 16705 |
| divisions (D) to (F) of this section, the requirements for | 16706 |
| graduation from every public and chartered nonpublic high school | 16707 |
| shall include twenty units that are designed to prepare students | 16708 |
| for the workforce and college. The units shall be distributed as | 16709 |
| follows: | 16710 |
| (1) English language arts, four units; | 16711 |
| (2) Health, one-half unit; | 16712 |
| (3) Mathematics, four units, which shall include one unit of | 16713 |
| algebra II or the equivalent of algebra II; | 16714 |
| (4) Physical education, one-half unit; | 16715 |
| (5) Science, three units with inquiry-based laboratory | 16716 |
| experience that engages students in asking valid scientific | 16717 |
| questions and gathering and analyzing information, which shall | 16718 |
| include the following, or their equivalent: | 16719 |
| (a) Physical sciences, one unit; | 16720 |
| (b) | 16721 |
| (c) Advanced study in one or more of the following sciences, | 16722 |
| one unit: | 16723 |
| (i) Chemistry, physics, or other physical science; | 16724 |
| (ii) Advanced biology or other life science; | 16725 |
| (iii) Astronomy, physical geology, or other earth or space | 16726 |
| science. | 16727 |
| (6) Social studies, three units, which shall include both of | 16728 |
| the following: | 16729 |
| (a) American history, one-half unit; | 16730 |
| (b) American government, one-half unit. | 16731 |
| Each school shall integrate the study of economics and | 16732 |
| financial literacy, as expressed in the social studies academic | 16733 |
| content standards adopted by the state board of education under | 16734 |
| section 3301.079 of the Revised Code, into one or more existing | 16735 |
| social studies credits required under division (C)(6) of this | 16736 |
| section, or into the content of another class, so that every high | 16737 |
| school student receives instruction in those concepts. In | 16738 |
| developing the curriculum required by this paragraph, schools | 16739 |
| shall use available public-private partnerships and resources and | 16740 |
| materials that exist in business, industry, and through the | 16741 |
| centers for economics education at institutions of higher | 16742 |
| education in the state. | 16743 |
| (7) Five units consisting of one or any combination of | 16744 |
| foreign language, fine arts, business, career-technical education, | 16745 |
| family and consumer sciences, technology, agricultural education, | 16746 |
| or English language arts, mathematics, science, or social studies | 16747 |
| courses not otherwise required under division (C) of this section. | 16748 |
| Ohioans must be prepared to apply increased knowledge and | 16749 |
| skills in the workplace and to adapt their knowledge and skills | 16750 |
| quickly to meet the rapidly changing conditions of the | 16751 |
| twenty-first century. National studies indicate that all high | 16752 |
| school graduates need the same academic foundation, regardless of | 16753 |
| the opportunities they pursue after graduation. The goal of Ohio's | 16754 |
| system of elementary and secondary education is to prepare all | 16755 |
| students for and seamlessly connect all students to success in | 16756 |
| life beyond high school graduation, regardless of whether the next | 16757 |
| step is entering the workforce, beginning an apprenticeship, | 16758 |
| engaging in post-secondary training, serving in the military, or | 16759 |
| pursuing a college degree. | 16760 |
| The Ohio core curriculum is the standard expectation for all | 16761 |
| students entering ninth grade for the first time at a public or | 16762 |
| chartered nonpublic high school on or after July 1, 2010. A | 16763 |
| student may satisfy this expectation through a variety of methods, | 16764 |
| including, but not limited to, integrated, applied, | 16765 |
| career-technical, and traditional coursework. | 16766 |
| Whereas teacher quality is essential for student success in | 16767 |
| completing the Ohio core curriculum, the general assembly shall | 16768 |
| appropriate funds for strategic initiatives designed to strengthen | 16769 |
| schools' capacities to hire and retain highly qualified teachers | 16770 |
| in the subject areas required by the curriculum. Such initiatives | 16771 |
| are expected to require an investment of $120,000,000 over five | 16772 |
| years. | 16773 |
| Stronger coordination between high schools and institutions | 16774 |
| of higher education is necessary to prepare students for more | 16775 |
| challenging academic endeavors and to lessen the need for academic | 16776 |
| remediation in college, thereby reducing the costs of higher | 16777 |
| education for Ohio's students, families, and the state. The state | 16778 |
| board of education, the Ohio board of regents, and the partnership | 16779 |
| for continued learning shall develop policies to ensure that only | 16780 |
| in rare instances will students who complete the Ohio core | 16781 |
| curriculum require academic remediation after high school. | 16782 |
| School districts, community schools, and chartered nonpublic | 16783 |
| schools shall integrate technology into learning experiences | 16784 |
| whenever practicable across the curriculum in order to maximize | 16785 |
| efficiency, enhance learning, and prepare students for success in | 16786 |
| the technology-driven twenty-first century. Districts and schools | 16787 |
| may use distance and web-based course delivery as a method of | 16788 |
| providing or augmenting all instruction required under this | 16789 |
| division, including laboratory experience in science. Districts | 16790 |
| and schools shall whenever practicable utilize technology access | 16791 |
| and electronic learning opportunities provided by the eTech Ohio | 16792 |
| commission, the Ohio learning network, education technology | 16793 |
| centers, public television stations, and other public and private | 16794 |
| providers. | 16795 |
| (D) Except as provided in division (E) of this section, a | 16796 |
| student who enters ninth grade on or after July 1, 2010, and | 16797 |
| before July 1, 2014, may qualify for graduation from a public or | 16798 |
| chartered nonpublic high school even though the student has not | 16799 |
| completed the Ohio core curriculum prescribed in division (C) of | 16800 |
| this section if all of the following conditions are satisfied: | 16801 |
| (1) After the student has attended high school for two years, | 16802 |
| as determined by the school, the student and the student's parent, | 16803 |
| guardian, or custodian sign and file with the school a written | 16804 |
| statement asserting the parent's, guardian's, or custodian's | 16805 |
| consent to the student's graduating without completing the Ohio | 16806 |
| core curriculum and acknowledging that one consequence of not | 16807 |
| completing the Ohio core curriculum is ineligibility to enroll in | 16808 |
| most state universities in Ohio without further coursework. | 16809 |
| (2) The student and parent, guardian, or custodian fulfill | 16810 |
| any procedural requirements the school stipulates to ensure the | 16811 |
| student's and parent's, guardian's, or custodian's informed | 16812 |
| consent and to facilitate orderly filing of statements under | 16813 |
| division (D)(1) of this section. | 16814 |
| (3) The student and the student's parent, guardian, or | 16815 |
| custodian and a representative of the student's high school | 16816 |
| jointly develop an individual career plan for the student that | 16817 |
| specifies the student matriculating to a two-year degree program, | 16818 |
| acquiring a business and industry credential, or entering an | 16819 |
| apprenticeship. | 16820 |
| (4) The student's high school provides counseling and support | 16821 |
| for the student related to the plan developed under division | 16822 |
| (D)(3) of this section during the remainder of the student's high | 16823 |
| school experience. | 16824 |
| (5) The student successfully completes, at a minimum, the | 16825 |
| curriculum prescribed in division (B) of this section. | 16826 |
| The partnership for continued learning, in collaboration with | 16827 |
| the department of education and the Ohio board of regents, shall | 16828 |
| analyze student performance data to determine if there are | 16829 |
| mitigating factors that warrant extending the exception permitted | 16830 |
| by division (D) of this section to high school classes beyond | 16831 |
| those entering ninth grade before July 1, 2014. The partnership | 16832 |
| shall submit its findings and any recommendations not later than | 16833 |
| August 1, 2014, to the speaker and minority leader of the house of | 16834 |
| representatives, the president and minority leader of the senate, | 16835 |
| the chairpersons and ranking minority members of the standing | 16836 |
| committees of the house of representatives and the senate that | 16837 |
| consider education legislation, the state board of education, and | 16838 |
| the superintendent of public instruction. | 16839 |
| (E) Each school district and chartered nonpublic school | 16840 |
| retains the authority to require an even more rigorous minimum | 16841 |
| curriculum for high school graduation than specified in division | 16842 |
| (B) or (C) of this section. A school district board of education, | 16843 |
| through the adoption of a resolution, or the governing authority | 16844 |
| of a chartered nonpublic school may stipulate any of the | 16845 |
| following: | 16846 |
| (1) A minimum high school curriculum that requires more than | 16847 |
| twenty units of academic credit to graduate; | 16848 |
| (2) An exception to the district's or school's minimum high | 16849 |
| school curriculum that is comparable to the exception provided in | 16850 |
| division (D) of this section but with additional requirements, | 16851 |
| which may include a requirement that the student successfully | 16852 |
| complete more than the minimum curriculum prescribed in division | 16853 |
| (B) of this section; | 16854 |
| (3) That no exception comparable to that provided in division | 16855 |
| (D) of this section is available. | 16856 |
| (F) A student enrolled in a dropout prevention and recovery | 16857 |
| program, which program has received a waiver from the department | 16858 |
| of education, may qualify for graduation from high school by | 16859 |
| successfully completing a competency-based instructional program | 16860 |
| administered by the dropout prevention and recovery program in | 16861 |
| lieu of completing the Ohio core curriculum prescribed in division | 16862 |
| (C) of this section. The department shall grant a waiver to a | 16863 |
| dropout prevention and recovery program, within sixty days after | 16864 |
| the program applies for the waiver, if the program meets all of | 16865 |
| the following conditions: | 16866 |
| (1) The program serves only students not younger than sixteen | 16867 |
| years of age and not older than twenty-one years of age. | 16868 |
| (2) The program enrolls students who, at the time of their | 16869 |
| initial enrollment, either, or both, are at least one grade level | 16870 |
| behind their cohort age groups or experience crises that | 16871 |
| significantly interfere with their academic progress such that | 16872 |
| they are prevented from continuing their traditional programs. | 16873 |
| (3) The program requires students to attain at least the | 16874 |
| applicable score designated for each of the tests prescribed under | 16875 |
| division (B) of section 3301.0710 of the Revised Code. | 16876 |
| (4) The program develops an individual career plan for the | 16877 |
| student that specifies the student's matriculating to a two-year | 16878 |
| degree program, acquiring a business and industry credential, or | 16879 |
| entering an apprenticeship. | 16880 |
| (5) The program provides counseling and support for the | 16881 |
| student related to the plan developed under division (F)(4) of | 16882 |
| this section during the remainder of the student's high school | 16883 |
| experience. | 16884 |
| (6) The program requires the student and the student's | 16885 |
| parent, guardian, or custodian to sign and file, in accordance | 16886 |
| with procedural requirements stipulated by the program, a written | 16887 |
| statement asserting the parent's, guardian's, or custodian's | 16888 |
| consent to the student's graduating without completing the Ohio | 16889 |
| core curriculum and acknowledging that one consequence of not | 16890 |
| completing the Ohio core curriculum is ineligibility to enroll in | 16891 |
| most state universities in Ohio without further coursework. | 16892 |
| (7) Prior to receiving the waiver, the program has submitted | 16893 |
| to the department an instructional plan that demonstrates how the | 16894 |
| academic content standards adopted by the state board of education | 16895 |
| under section 3301.079 of the Revised Code will be taught and | 16896 |
| assessed. | 16897 |
| If the department does not act either to grant the waiver or | 16898 |
| to reject the program application for the waiver within sixty days | 16899 |
| as required under this section, the waiver shall be considered to | 16900 |
| be granted. | 16901 |
| (G) Every high school may permit students below the ninth | 16902 |
| grade to take advanced work for high school credit. A high school | 16903 |
| shall count such advanced work toward the graduation requirements | 16904 |
| of division (B) or (C) of this section if the advanced work was | 16905 |
| both: | 16906 |
| (1) Taught by a person who possesses a license or certificate | 16907 |
| issued under section 3301.071, 3319.22, or 3319.222 of the Revised | 16908 |
| Code that is valid for teaching high school; | 16909 |
| (2) Designated by the board of education of the city, local, | 16910 |
| or exempted village school district, the board of the cooperative | 16911 |
| education school district, or the governing authority of the | 16912 |
| chartered nonpublic school as meeting the high school curriculum | 16913 |
| requirements. | 16914 |
| Each high school shall record on the student's high school | 16915 |
| transcript all high school credit awarded under division (G) of | 16916 |
| this section. In addition, if the student completed a seventh- or | 16917 |
| eighth-grade fine arts course described in division (K) of this | 16918 |
| section and the course qualified for high school credit under that | 16919 |
| division, the high school shall record that course on the | 16920 |
| student's high school transcript. | 16921 |
| (H) The department shall make its individual academic career | 16922 |
| plan available through its Ohio career information system web site | 16923 |
| for districts and schools to use as a tool for communicating with | 16924 |
| and providing guidance to students and families in selecting high | 16925 |
| school courses. | 16926 |
| (I) Units earned in English language arts, mathematics, | 16927 |
| science, and social studies that are delivered through integrated | 16928 |
| academic and career-technical instruction are eligible to meet the | 16929 |
| graduation requirements of division (B) or (C) of this section. | 16930 |
| (J) The state board of education, in consultation with the | 16931 |
| Ohio board of regents and the partnership for continued learning, | 16932 |
| shall adopt a statewide plan implementing methods for students to | 16933 |
| earn units of high school credit based on a demonstration of | 16934 |
| subject area competency, instead of or in combination with | 16935 |
| completing hours of classroom instruction. The state board shall | 16936 |
| adopt the plan not later than March 31, 2009, and commence phasing | 16937 |
| in the plan during the 2009-2010 school year. The plan shall | 16938 |
| include a standard method for recording demonstrated proficiency | 16939 |
| on high school transcripts. Each school district, community | 16940 |
| school, and chartered nonpublic school shall comply with the state | 16941 |
| board's plan adopted under this division and award units of high | 16942 |
| school credit in accordance with the plan. The state board may | 16943 |
| adopt existing methods for earning high school credit based on a | 16944 |
| demonstration of subject area competency as necessary prior to the | 16945 |
| 2009-2010 school year. | 16946 |
| (K) This division does not apply to students who qualify for | 16947 |
| graduation from high school under division (D) or (F) of this | 16948 |
| section, or to students pursuing a career-technical instructional | 16949 |
| track as determined by the school district board of education or | 16950 |
| the chartered nonpublic school's governing authority. | 16951 |
| Nevertheless, the general assembly encourages such students to | 16952 |
| consider enrolling in a fine arts course as an elective. | 16953 |
| Beginning with students who enter ninth grade for the first | 16954 |
| time on or after July 1, 2010, each student enrolled in a public | 16955 |
| or chartered nonpublic high school shall complete two semesters or | 16956 |
| the equivalent of fine arts to graduate from high school. The | 16957 |
| coursework may be completed in any of grades seven to twelve. Each | 16958 |
| student who completes a fine arts course in grade seven or eight | 16959 |
| may elect to count that course toward the five units of electives | 16960 |
| required for graduation under division (C)(7) of this section, if | 16961 |
| the course satisfied the requirements of division (G) of this | 16962 |
| section. In that case, the high school shall award the student | 16963 |
| high school credit for the course and count the course toward the | 16964 |
| five units required under division (C)(7) of this section. If the | 16965 |
| course in grade seven or eight did not satisfy the requirements of | 16966 |
| division (G) of this section, the high school shall not award the | 16967 |
| student high school credit for the course but shall count the | 16968 |
| course toward the two semesters or the equivalent of fine arts | 16969 |
| required by this division. | 16970 |
| (L) Notwithstanding anything to the contrary in this section, | 16971 |
| the board of education of each school district and the governing | 16972 |
| authority of each chartered nonpublic school may adopt a policy to | 16973 |
| excuse from the high school physical education requirement each | 16974 |
| student who, during high school, has participated in | 16975 |
| interscholastic athletics, marching band, or cheerleading for at | 16976 |
| least two full seasons. If the board or authority adopts such a | 16977 |
| policy, the board or authority shall not require the student to | 16978 |
| complete any physical education course as a condition to graduate. | 16979 |
| However, the student shall be required to complete one-half unit, | 16980 |
| consisting of at least sixty hours of instruction, in another | 16981 |
| course of study. | 16982 |
| Sec. 3313.615. This section shall apply to diplomas awarded | 16983 |
| after September 15, 2006, to students who are required to take the | 16984 |
| five Ohio graduation tests prescribed by division (B) of section | 16985 |
| 3301.0710 of the Revised Code. | 16986 |
| (A) As an alternative to the requirement that a person attain | 16987 |
| the scores designated under division (B) of section 3301.0710 of | 16988 |
| the Revised Code on all the tests required under that division in | 16989 |
| order to be eligible for a high school diploma or an honors | 16990 |
| diploma under sections 3313.61, 3313.612, or 3325.08 of the | 16991 |
| Revised Code or for a diploma of adult education under section | 16992 |
| 3313.611 of the Revised Code, a person who has attained at least | 16993 |
| the applicable scores designated under division (B) of section | 16994 |
| 3301.0710 of the Revised Code on all but one of the tests required | 16995 |
| by that division and from which the person was not excused or | 16996 |
|
exempted, pursuant to division | 16997 |
| division (B)(1) of section 3313.612, or section 3313.532 of the | 16998 |
| Revised Code, may be awarded a diploma or honors diploma if the | 16999 |
| person has satisfied all of the following conditions: | 17000 |
| (1) On the one test required under division (B) of section | 17001 |
| 3301.0710 of the Revised Code for which the person failed to | 17002 |
| attain the designated score, the person missed that score by ten | 17003 |
| points or less; | 17004 |
| (2) Has a ninety-seven per cent school attendance rate in | 17005 |
| each of the last four school years, excluding any excused | 17006 |
| absences; | 17007 |
| (3) Has not been expelled from school under section 3313.66 | 17008 |
| of the Revised Code in any of the last four school years; | 17009 |
| (4) Has a grade point average of at least 2.5 out of 4.0, or | 17010 |
| its equivalent as designated in rules adopted by the state board | 17011 |
| of education, in the subject area of the test required under | 17012 |
| division (B) of section 3301.0710 of the Revised Code for which | 17013 |
| the person failed to attain the designated score; | 17014 |
| (5) Has completed the high school curriculum requirements | 17015 |
| prescribed in section 3313.603 of the Revised Code or has | 17016 |
| qualified under division (D) or (F) of that section; | 17017 |
| (6) Has taken advantage of any intervention programs provided | 17018 |
| by the school district or school in the subject area described in | 17019 |
| division (A)(4) of this section and has a ninety-seven per cent | 17020 |
| attendance rate, excluding any excused absences, in any of those | 17021 |
| programs that are provided at times beyond the normal school day, | 17022 |
| school week, or school year or has received comparable | 17023 |
| intervention services from a source other than the school district | 17024 |
| or school; | 17025 |
| (7) Holds a letter recommending graduation from each of the | 17026 |
| person's high school teachers in the subject area described in | 17027 |
| division (A)(4) of this section and from the person's high school | 17028 |
| principal. | 17029 |
| (B) The state board of education shall establish rules | 17030 |
| designating grade point averages equivalent to the average | 17031 |
| specified in division (A)(4) of this section for use by school | 17032 |
| districts and schools with different grading systems. | 17033 |
| (C) Any student who is exempt from attaining the applicable | 17034 |
| score designated under division (B) of section 3301.0710 of the | 17035 |
| Revised Code on the Ohio graduation test in social studies | 17036 |
| pursuant to division (H) of section 3313.61 or division (B)(2) of | 17037 |
| section 3313.612 of the Revised Code shall not qualify for a high | 17038 |
| school diploma under this section, unless, notwithstanding the | 17039 |
| exemption, the student attains the applicable score on that test. | 17040 |
| If the student attains the applicable score on that test, the | 17041 |
| student may qualify for a diploma under this section in the same | 17042 |
| manner as any other student who is required to take the five Ohio | 17043 |
| graduation tests prescribed by division (B) of section 3301.0710 | 17044 |
| of the Revised Code. | 17045 |
| Sec. 3313.64. (A) As used in this section and in section | 17046 |
| 3313.65 of the Revised Code: | 17047 |
| (1)(a) Except as provided in division (A)(1)(b) of this | 17048 |
| section, "parent" means either parent, unless the parents are | 17049 |
| separated or divorced or their marriage has been dissolved or | 17050 |
| annulled, in which case "parent" means the parent who is the | 17051 |
| residential parent and legal custodian of the child. When a child | 17052 |
| is in the legal custody of a government agency or a person other | 17053 |
| than the child's natural or adoptive parent, "parent" means the | 17054 |
| parent with residual parental rights, privileges, and | 17055 |
| responsibilities. When a child is in the permanent custody of a | 17056 |
| government agency or a person other than the child's natural or | 17057 |
| adoptive parent, "parent" means the parent who was divested of | 17058 |
| parental rights and responsibilities for the care of the child and | 17059 |
| the right to have the child live with the parent and be the legal | 17060 |
| custodian of the child and all residual parental rights, | 17061 |
| privileges, and responsibilities. | 17062 |
| (b) When a child is the subject of a power of attorney | 17063 |
| executed under sections 3109.51 to 3109.62 of the Revised Code, | 17064 |
| "parent" means the grandparent designated as attorney in fact | 17065 |
| under the power of attorney. When a child is the subject of a | 17066 |
| caretaker authorization affidavit executed under sections 3109.64 | 17067 |
| to 3109.73 of the Revised Code, "parent" means the grandparent | 17068 |
| that executed the affidavit. | 17069 |
| (2) "Legal custody," "permanent custody," and "residual | 17070 |
| parental rights, privileges, and responsibilities" have the same | 17071 |
| meanings as in section 2151.011 of the Revised Code. | 17072 |
| (3) "School district" or "district" means a city, local, or | 17073 |
| exempted village school district and excludes any school operated | 17074 |
| in an institution maintained by the department of youth services. | 17075 |
| (4) Except as used in division (C)(2) of this section, "home" | 17076 |
| means a home, institution, foster home, group home, or other | 17077 |
| residential facility in this state that receives and cares for | 17078 |
| children, to which any of the following applies: | 17079 |
| (a) The home is licensed, certified, or approved for such | 17080 |
| purpose by the state or is maintained by the department of youth | 17081 |
| services. | 17082 |
| (b) The home is operated by a person who is licensed, | 17083 |
| certified, or approved by the state to operate the home for such | 17084 |
| purpose. | 17085 |
| (c) The home accepted the child through a placement by a | 17086 |
| person licensed, certified, or approved to place a child in such a | 17087 |
| home by the state. | 17088 |
| (d) The home is a children's home created under section | 17089 |
| 5153.21 or 5153.36 of the Revised Code. | 17090 |
| (5) "Agency" means all of the following: | 17091 |
| (a) A public children services agency; | 17092 |
| (b) An organization that holds a certificate issued by the | 17093 |
| Ohio department of job and family services in accordance with the | 17094 |
| requirements of section 5103.03 of the Revised Code and assumes | 17095 |
| temporary or permanent custody of children through commitment, | 17096 |
| agreement, or surrender, and places children in family homes for | 17097 |
| the purpose of adoption; | 17098 |
| (c) Comparable agencies of other states or countries that | 17099 |
| have complied with applicable requirements of section 2151.39, or | 17100 |
| sections 5103.20 to 5103.22 of the Revised Code. | 17101 |
| (6) A child is placed for adoption if either of the following | 17102 |
| occurs: | 17103 |
| (a) An agency to which the child has been permanently | 17104 |
| committed or surrendered enters into an agreement with a person | 17105 |
| pursuant to section 5103.16 of the Revised Code for the care and | 17106 |
| adoption of the child. | 17107 |
| (b) The child's natural parent places the child pursuant to | 17108 |
| section 5103.16 of the Revised Code with a person who will care | 17109 |
| for and adopt the child. | 17110 |
| (7) "Handicapped preschool child" means a handicapped child, | 17111 |
| as defined by division (A) of section 3323.01 of the Revised Code, | 17112 |
| who is at least three years of age but is not of compulsory school | 17113 |
| age, as defined in section 3321.01 of the Revised Code, and who is | 17114 |
| not currently enrolled in kindergarten. | 17115 |
| (8) "Child," unless otherwise indicated, includes handicapped | 17116 |
| preschool children. | 17117 |
| (9) "Active duty" means active duty pursuant to an executive | 17118 |
| order of the president of the United States, an act of the | 17119 |
| congress of the United States, or section 5919.29 or 5923.21 of | 17120 |
| the Revised Code. | 17121 |
| (B) Except as otherwise provided in section 3321.01 of the | 17122 |
| Revised Code for admittance to kindergarten and first grade, a | 17123 |
| child who is at least five but under twenty-two years of age and | 17124 |
| any handicapped preschool child shall be admitted to school as | 17125 |
| provided in this division. | 17126 |
| (1) A child shall be admitted to the schools of the school | 17127 |
| district in which the child's parent resides. | 17128 |
| (2) A child who does not reside in the district where the | 17129 |
| child's parent resides shall be admitted to the schools of the | 17130 |
| district in which the child resides if any of the following | 17131 |
| applies: | 17132 |
| (a) The child is in the legal or permanent custody of a | 17133 |
| government agency or a person other than the child's natural or | 17134 |
| adoptive parent. | 17135 |
| (b) The child resides in a home. | 17136 |
| (c) The child requires special education. | 17137 |
| (3) A child who is not entitled under division (B)(2) of this | 17138 |
| section to be admitted to the schools of the district where the | 17139 |
| child resides and who is residing with a resident of this state | 17140 |
| with whom the child has been placed for adoption shall be admitted | 17141 |
| to the schools of the district where the child resides unless | 17142 |
| either of the following applies: | 17143 |
| (a) The placement for adoption has been terminated. | 17144 |
| (b) Another school district is required to admit the child | 17145 |
| under division (B)(1) of this section. | 17146 |
| Division (B) of this section does not prohibit the board of | 17147 |
| education of a school district from placing a handicapped child | 17148 |
| who resides in the district in a special education program outside | 17149 |
| of the district or its schools in compliance with Chapter 3323. of | 17150 |
| the Revised Code. | 17151 |
| (C) A district shall not charge tuition for children admitted | 17152 |
| under division (B)(1) or (3) of this section. If the district | 17153 |
| admits a child under division (B)(2) of this section, tuition | 17154 |
| shall be paid to the district that admits the child as follows: | 17155 |
| (1) If the child receives special education in accordance | 17156 |
| with Chapter 3323. of the Revised Code, the school district of | 17157 |
| residence, as defined in section 3323.01 of the Revised Code, | 17158 |
| shall pay tuition for the child in accordance with section | 17159 |
| 3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code | 17160 |
| regardless of who has custody of the child or whether the child | 17161 |
| resides in a home. | 17162 |
| (2) For a child that does not receive special education in | 17163 |
| accordance with Chapter 3323. of the Revised Code, except as | 17164 |
| otherwise provided in division (C)(2)(d) of this section, if the | 17165 |
| child is in the permanent or legal custody of a government agency | 17166 |
| or person other than the child's parent, tuition shall be paid by: | 17167 |
| (a) The district in which the child's parent resided at the | 17168 |
| time the court removed the child from home or at the time the | 17169 |
| court vested legal or permanent custody of the child in the person | 17170 |
| or government agency, whichever occurred first; | 17171 |
| (b) If the parent's residence at the time the court removed | 17172 |
| the child from home or placed the child in the legal or permanent | 17173 |
| custody of the person or government agency is unknown, tuition | 17174 |
| shall be paid by the district in which the child resided at the | 17175 |
| time the child was removed from home or placed in legal or | 17176 |
| permanent custody, whichever occurred first; | 17177 |
| (c) If a school district cannot be established under division | 17178 |
| (C)(2)(a) or (b) of this section, tuition shall be paid by the | 17179 |
| district determined as required by section 2151.362 of the Revised | 17180 |
| Code by the court at the time it vests custody of the child in the | 17181 |
| person or government agency; | 17182 |
| (d) If at the time the court removed the child from home or | 17183 |
| vested legal or permanent custody of the child in the person or | 17184 |
| government agency, whichever occurred first, one parent was in a | 17185 |
| residential or correctional facility or a juvenile residential | 17186 |
| placement and the other parent, if living and not in such a | 17187 |
| facility or placement, was not known to reside in this state, | 17188 |
| tuition shall be paid by the district determined under division | 17189 |
| (D) of section 3313.65 of the Revised Code as the district | 17190 |
| required to pay any tuition while the parent was in such facility | 17191 |
| or placement; | 17192 |
| (e) If the | 17193 |
| department of education has determined, pursuant to division | 17194 |
| (A)(2) of section 2151.362 of the Revised Code, that a school | 17195 |
| district other than the one named in the court's initial order, or | 17196 |
| in a prior determination of the department, is responsible to bear | 17197 |
| the cost of educating the child | 17198 |
| 17199 | |
| 17200 |
| (3) If the child is not in the permanent or legal custody of | 17201 |
| a government agency or person other than the child's parent and | 17202 |
| the child resides in a home, tuition shall be paid by one of the | 17203 |
| following: | 17204 |
| (a) The school district in which the child's parent resides; | 17205 |
| (b) If the child's parent is not a resident of this state, | 17206 |
| the home in which the child resides. | 17207 |
| (D) Tuition required to be paid under divisions (C)(2) and | 17208 |
| (3)(a) of this section shall be computed in accordance with | 17209 |
| section 3317.08 of the Revised Code. Tuition required to be paid | 17210 |
| under division (C)(3)(b) of this section shall be computed in | 17211 |
| accordance with section 3317.081 of the Revised Code. If a home | 17212 |
| fails to pay the tuition required by division (C)(3)(b) of this | 17213 |
| section, the board of education providing the education may | 17214 |
| recover in a civil action the tuition and the expenses incurred in | 17215 |
| prosecuting the action, including court costs and reasonable | 17216 |
| attorney's fees. If the prosecuting attorney or city director of | 17217 |
| law represents the board in such action, costs and reasonable | 17218 |
| attorney's fees awarded by the court, based upon the prosecuting | 17219 |
| attorney's, director's, or one of their designee's time spent | 17220 |
| preparing and presenting the case, shall be deposited in the | 17221 |
| county or city general fund. | 17222 |
| (E) A board of education may enroll a child free of any | 17223 |
| tuition obligation for a period not to exceed sixty days, on the | 17224 |
| sworn statement of an adult resident of the district that the | 17225 |
| resident has initiated legal proceedings for custody of the child. | 17226 |
| (F) In the case of any individual entitled to attend school | 17227 |
| under this division, no tuition shall be charged by the school | 17228 |
| district of attendance and no other school district shall be | 17229 |
| required to pay tuition for the individual's attendance. | 17230 |
| Notwithstanding division (B), (C), or (E) of this section: | 17231 |
| (1) All persons at least eighteen but under twenty-two years | 17232 |
| of age who live apart from their parents, support themselves by | 17233 |
| their own labor, and have not successfully completed the high | 17234 |
| school curriculum or the individualized education program | 17235 |
| developed for the person by the high school pursuant to section | 17236 |
| 3323.08 of the Revised Code, are entitled to attend school in the | 17237 |
| district in which they reside. | 17238 |
| (2) Any child under eighteen years of age who is married is | 17239 |
| entitled to attend school in the child's district of residence. | 17240 |
| (3) A child is entitled to attend school in the district in | 17241 |
| which either of the child's parents is employed if the child has a | 17242 |
| medical condition that may require emergency medical attention. | 17243 |
| The parent of a child entitled to attend school under division | 17244 |
| (F)(3) of this section shall submit to the board of education of | 17245 |
| the district in which the parent is employed a statement from the | 17246 |
| child's physician certifying that the child's medical condition | 17247 |
| may require emergency medical attention. The statement shall be | 17248 |
| supported by such other evidence as the board may require. | 17249 |
| (4) Any child residing with a person other than the child's | 17250 |
| parent is entitled, for a period not to exceed twelve months, to | 17251 |
| attend school in the district in which that person resides if the | 17252 |
| child's parent files an affidavit with the superintendent of the | 17253 |
| district in which the person with whom the child is living resides | 17254 |
| stating all of the following: | 17255 |
| (a) That the parent is serving outside of the state in the | 17256 |
| armed services of the United States; | 17257 |
| (b) That the parent intends to reside in the district upon | 17258 |
| returning to this state; | 17259 |
| (c) The name and address of the person with whom the child is | 17260 |
| living while the parent is outside the state. | 17261 |
| (5) Any child under the age of twenty-two years who, after | 17262 |
| the death of a parent, resides in a school district other than the | 17263 |
| district in which the child attended school at the time of the | 17264 |
| parent's death is entitled to continue to attend school in the | 17265 |
| district in which the child attended school at the time of the | 17266 |
| parent's death for the remainder of the school year, subject to | 17267 |
| approval of that district board. | 17268 |
| (6) A child under the age of twenty-two years who resides | 17269 |
| with a parent who is having a new house built in a school district | 17270 |
| outside the district where the parent is residing is entitled to | 17271 |
| attend school for a period of time in the district where the new | 17272 |
| house is being built. In order to be entitled to such attendance, | 17273 |
| the parent shall provide the district superintendent with the | 17274 |
| following: | 17275 |
| (a) A sworn statement explaining the situation, revealing the | 17276 |
| location of the house being built, and stating the parent's | 17277 |
| intention to reside there upon its completion; | 17278 |
| (b) A statement from the builder confirming that a new house | 17279 |
| is being built for the parent and that the house is at the | 17280 |
| location indicated in the parent's statement. | 17281 |
| (7) A child under the age of twenty-two years residing with a | 17282 |
| parent who has a contract to purchase a house in a school district | 17283 |
| outside the district where the parent is residing and who is | 17284 |
| waiting upon the date of closing of the mortgage loan for the | 17285 |
| purchase of such house is entitled to attend school for a period | 17286 |
| of time in the district where the house is being purchased. In | 17287 |
| order to be entitled to such attendance, the parent shall provide | 17288 |
| the district superintendent with the following: | 17289 |
| (a) A sworn statement explaining the situation, revealing the | 17290 |
| location of the house being purchased, and stating the parent's | 17291 |
| intent to reside there; | 17292 |
| (b) A statement from a real estate broker or bank officer | 17293 |
| confirming that the parent has a contract to purchase the house, | 17294 |
| that the parent is waiting upon the date of closing of the | 17295 |
| mortgage loan, and that the house is at the location indicated in | 17296 |
| the parent's statement. | 17297 |
| The district superintendent shall establish a period of time | 17298 |
| not to exceed ninety days during which the child entitled to | 17299 |
| attend school under division (F)(6) or (7) of this section may | 17300 |
| attend without tuition obligation. A student attending a school | 17301 |
| under division (F)(6) or (7) of this section shall be eligible to | 17302 |
| participate in interscholastic athletics under the auspices of | 17303 |
| that school, provided the board of education of the school | 17304 |
| district where the student's parent resides, by a formal action, | 17305 |
| releases the student to participate in interscholastic athletics | 17306 |
| at the school where the student is attending, and provided the | 17307 |
| student receives any authorization required by a public agency or | 17308 |
| private organization of which the school district is a member | 17309 |
| exercising authority over interscholastic sports. | 17310 |
| (8) A child whose parent is a full-time employee of a city, | 17311 |
| local, or exempted village school district, or of an educational | 17312 |
| service center, may be admitted to the schools of the district | 17313 |
| where the child's parent is employed, or in the case of a child | 17314 |
| whose parent is employed by an educational service center, in the | 17315 |
| district that serves the location where the parent's job is | 17316 |
| primarily located, provided the district board of education | 17317 |
| establishes such an admission policy by resolution adopted by a | 17318 |
| majority of its members. Any such policy shall take effect on the | 17319 |
| first day of the school year and the effective date of any | 17320 |
| amendment or repeal may not be prior to the first day of the | 17321 |
| subsequent school year. The policy shall be uniformly applied to | 17322 |
| all such children and shall provide for the admission of any such | 17323 |
| child upon request of the parent. No child may be admitted under | 17324 |
| this policy after the first day of classes of any school year. | 17325 |
| (9) A child who is with the child's parent under the care of | 17326 |
| a shelter for victims of domestic violence, as defined in section | 17327 |
| 3113.33 of the Revised Code, is entitled to attend school free in | 17328 |
| the district in which the child is with the child's parent, and no | 17329 |
| other school district shall be required to pay tuition for the | 17330 |
| child's attendance in that school district. | 17331 |
| The enrollment of a child in a school district under this | 17332 |
| division shall not be denied due to a delay in the school | 17333 |
| district's receipt of any records required under section 3313.672 | 17334 |
| of the Revised Code or any other records required for enrollment. | 17335 |
| Any days of attendance and any credits earned by a child while | 17336 |
| enrolled in a school district under this division shall be | 17337 |
| transferred to and accepted by any school district in which the | 17338 |
| child subsequently enrolls. The state board of education shall | 17339 |
| adopt rules to ensure compliance with this division. | 17340 |
| (10) Any child under the age of twenty-two years whose parent | 17341 |
| has moved out of the school district after the commencement of | 17342 |
| classes in the child's senior year of high school is entitled, | 17343 |
| subject to the approval of that district board, to attend school | 17344 |
| in the district in which the child attended school at the time of | 17345 |
| the parental move for the remainder of the school year and for one | 17346 |
| additional semester or equivalent term. A district board may also | 17347 |
| adopt a policy specifying extenuating circumstances under which a | 17348 |
| student may continue to attend school under division (F)(10) of | 17349 |
| this section for an additional period of time in order to | 17350 |
| successfully complete the high school curriculum for the | 17351 |
| individualized education program developed for the student by the | 17352 |
| high school pursuant to section 3323.08 of the Revised Code. | 17353 |
| (11) As used in this division, "grandparent" means a parent | 17354 |
| of a parent of a child. A child under the age of twenty-two years | 17355 |
| who is in the custody of the child's parent, resides with a | 17356 |
| grandparent, and does not require special education is entitled to | 17357 |
| attend the schools of the district in which the child's | 17358 |
| grandparent resides, provided that, prior to such attendance in | 17359 |
| any school year, the board of education of the school district in | 17360 |
| which the child's grandparent resides and the board of education | 17361 |
| of the school district in which the child's parent resides enter | 17362 |
| into a written agreement specifying that good cause exists for | 17363 |
| such attendance, describing the nature of this good cause, and | 17364 |
| consenting to such attendance. | 17365 |
| In lieu of a consent form signed by a parent, a board of | 17366 |
| education may request the grandparent of a child attending school | 17367 |
| in the district in which the grandparent resides pursuant to | 17368 |
| division (F)(11) of this section to complete any consent form | 17369 |
| required by the district, including any authorization required by | 17370 |
| sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised | 17371 |
| Code. Upon request, the grandparent shall complete any consent | 17372 |
| form required by the district. A school district shall not incur | 17373 |
| any liability solely because of its receipt of a consent form from | 17374 |
| a grandparent in lieu of a parent. | 17375 |
| Division (F)(11) of this section does not create, and shall | 17376 |
| not be construed as creating, a new cause of action or substantive | 17377 |
| legal right against a school district, a member of a board of | 17378 |
| education, or an employee of a school district. This section does | 17379 |
| not affect, and shall not be construed as affecting, any | 17380 |
| immunities from defenses to tort liability created or recognized | 17381 |
| by Chapter 2744. of the Revised Code for a school district, | 17382 |
| member, or employee. | 17383 |
| (12) A child under the age of twenty-two years is entitled to | 17384 |
| attend school in a school district other than the district in | 17385 |
| which the child is entitled to attend school under division (B), | 17386 |
| (C), or (E) of this section provided that, prior to such | 17387 |
| attendance in any school year, both of the following occur: | 17388 |
| (a) The superintendent of the district in which the child is | 17389 |
| entitled to attend school under division (B), (C), or (E) of this | 17390 |
| section contacts the superintendent of another district for | 17391 |
| purposes of this division; | 17392 |
| (b) The superintendents of both districts enter into a | 17393 |
| written agreement that consents to the attendance and specifies | 17394 |
| that the purpose of such attendance is to protect the student's | 17395 |
| physical or mental well-being or to deal with other extenuating | 17396 |
| circumstances deemed appropriate by the superintendents. | 17397 |
| While an agreement is in effect under this division for a | 17398 |
| student who is not receiving special education under Chapter 3323. | 17399 |
| of the Revised Code and notwithstanding Chapter 3327. of the | 17400 |
| Revised Code, the board of education of neither school district | 17401 |
| involved in the agreement is required to provide transportation | 17402 |
| for the student to and from the school where the student attends. | 17403 |
| A student attending a school of a district pursuant to this | 17404 |
| division shall be allowed to participate in all student | 17405 |
| activities, including interscholastic athletics, at the school | 17406 |
| where the student is attending on the same basis as any student | 17407 |
| who has always attended the schools of that district while of | 17408 |
| compulsory school age. | 17409 |
| (13) All school districts shall comply with the | 17410 |
| "McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et | 17411 |
| seq., for the education of homeless children. Each city, local, | 17412 |
| and exempted village school district shall comply with the | 17413 |
| requirements of that act governing the provision of a free, | 17414 |
| appropriate public education, including public preschool, to each | 17415 |
| homeless child. | 17416 |
| When a child loses permanent housing and becomes a homeless | 17417 |
| person, as defined in 42 U.S.C.A. 11481(5), or when a child who is | 17418 |
| such a homeless person changes temporary living arrangements, the | 17419 |
| child's parent or guardian shall have the option of enrolling the | 17420 |
| child in either of the following: | 17421 |
| (a) The child's school of origin, as defined in 42 U.S.C.A. | 17422 |
| 11432(g)(3)(C); | 17423 |
| (b) The school that is operated by the school district in | 17424 |
| which the shelter where the child currently resides is located and | 17425 |
| that serves the geographic area in which the shelter is located. | 17426 |
| (14) A child under the age of twenty-two years who resides | 17427 |
| with a person other than the child's parent is entitled to attend | 17428 |
| school in the school district in which that person resides if both | 17429 |
| of the following apply: | 17430 |
| (a) That person has been appointed, through a military power | 17431 |
| of attorney executed under section 574(a) of the "National Defense | 17432 |
| Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10 | 17433 |
| U.S.C. 1044b, or through a comparable document necessary to | 17434 |
| complete a family care plan, as the parent's agent for the care, | 17435 |
| custody, and control of the child while the parent is on active | 17436 |
| duty as a member of the national guard or a reserve unit of the | 17437 |
| armed forces of the United States or because the parent is a | 17438 |
| member of the armed forces of the United States and is on a duty | 17439 |
| assignment away from the parent's residence. | 17440 |
| (b) The military power of attorney or comparable document | 17441 |
| includes at least the authority to enroll the child in school. | 17442 |
| The entitlement to attend school in the district in which the | 17443 |
| parent's agent under the military power of attorney or comparable | 17444 |
| document resides applies until the end of the school year in which | 17445 |
| the military power of attorney or comparable document expires. | 17446 |
| (G) A board of education, after approving admission, may | 17447 |
| waive tuition for students who will temporarily reside in the | 17448 |
| district and who are either of the following: | 17449 |
| (1) Residents or domiciliaries of a foreign nation who | 17450 |
| request admission as foreign exchange students; | 17451 |
| (2) Residents or domiciliaries of the United States but not | 17452 |
| of Ohio who request admission as participants in an exchange | 17453 |
| program operated by a student exchange organization. | 17454 |
| (H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04, | 17455 |
| 3327.04, and 3327.06 of the Revised Code, a child may attend | 17456 |
| school or participate in a special education program in a school | 17457 |
| district other than in the district where the child is entitled to | 17458 |
| attend school under division (B) of this section. | 17459 |
| (I)(1) Notwithstanding anything to the contrary in this | 17460 |
| section or section 3313.65 of the Revised Code, a child under | 17461 |
| twenty-two years of age may attend school in the school district | 17462 |
| in which the child, at the end of the first full week of October | 17463 |
| of the school year, was entitled to attend school as otherwise | 17464 |
| provided under this section or section 3313.65 of the Revised | 17465 |
| Code, if at that time the child was enrolled in the schools of the | 17466 |
| district but since that time the child or the child's parent has | 17467 |
| relocated to a new address located outside of that school district | 17468 |
| and within the same county as the child's or parent's address | 17469 |
| immediately prior to the relocation. The child may continue to | 17470 |
| attend school in the district, and at the school to which the | 17471 |
| child was assigned at the end of the first full week of October of | 17472 |
| the current school year, for the balance of the school year. | 17473 |
| Division (I)(1) of this section applies only if both of the | 17474 |
| following conditions are satisfied: | 17475 |
| (a) The board of education of the school district in which | 17476 |
| the child was entitled to attend school at the end of the first | 17477 |
| full week in October and of the district to which the child or | 17478 |
| child's parent has relocated each has adopted a policy to enroll | 17479 |
| children described in division (I)(1) of this section. | 17480 |
| (b) The child's parent provides written notification of the | 17481 |
| relocation outside of the school district to the superintendent of | 17482 |
| each of the two school districts. | 17483 |
| (2) At the beginning of the school year following the school | 17484 |
| year in which the child or the child's parent relocated outside of | 17485 |
| the school district as described in division (I)(1) of this | 17486 |
| section, the child is not entitled to attend school in the school | 17487 |
| district under that division. | 17488 |
| (3) Any person or entity owing tuition to the school district | 17489 |
| on behalf of the child at the end of the first full week in | 17490 |
| October, as provided in division (C) of this section, shall | 17491 |
| continue to owe such tuition to the district for the child's | 17492 |
| attendance under division (I)(1) of this section for the lesser of | 17493 |
| the balance of the school year or the balance of the time that the | 17494 |
| child attends school in the district under division (I)(1) of this | 17495 |
| section. | 17496 |
| (4) A pupil who may attend school in the district under | 17497 |
| division (I)(1) of this section shall be entitled to | 17498 |
| transportation services pursuant to an agreement between the | 17499 |
| district and the district in which the child or child's parent has | 17500 |
| relocated unless the districts have not entered into such | 17501 |
| agreement, in which case the child shall be entitled to | 17502 |
| transportation services in the same manner as a pupil attending | 17503 |
| school in the district under interdistrict open enrollment as | 17504 |
| described in division (H) of section 3313.981 of the Revised Code, | 17505 |
| regardless of whether the district has adopted an open enrollment | 17506 |
| policy as described in division (B)(1)(b) or (c) of section | 17507 |
| 3313.98 of the Revised Code. | 17508 |
| (J) This division does not apply to a child receiving special | 17509 |
| education. | 17510 |
| A school district required to pay tuition pursuant to | 17511 |
| division (C)(2) or (3) of this section or section 3313.65 of the | 17512 |
| Revised Code shall have an amount deducted under division (F) of | 17513 |
| section 3317.023 of the Revised Code equal to its own tuition rate | 17514 |
| for the same period of attendance. A school district entitled to | 17515 |
| receive tuition pursuant to division (C)(2) or (3) of this section | 17516 |
| or section 3313.65 of the Revised Code shall have an amount | 17517 |
| credited under division (F) of section 3317.023 of the Revised | 17518 |
| Code equal to its own tuition rate for the same period of | 17519 |
| attendance. If the tuition rate credited to the district of | 17520 |
| attendance exceeds the rate deducted from the district required to | 17521 |
| pay tuition, the department of education shall pay the district of | 17522 |
| attendance the difference from amounts deducted from all | 17523 |
| districts' payments under division (F) of section 3317.023 of the | 17524 |
| Revised Code but not credited to other school districts under such | 17525 |
| division and from appropriations made for such purpose. The | 17526 |
| treasurer of each school district shall, by the fifteenth day of | 17527 |
| January and July, furnish the superintendent of public instruction | 17528 |
| a report of the names of each child who attended the district's | 17529 |
| schools under divisions (C)(2) and (3) of this section or section | 17530 |
| 3313.65 of the Revised Code during the preceding six calendar | 17531 |
| months, the duration of the attendance of those children, the | 17532 |
| school district responsible for tuition on behalf of the child, | 17533 |
| and any other information that the superintendent requires. | 17534 |
| Upon receipt of the report the superintendent, pursuant to | 17535 |
| division (F) of section 3317.023 of the Revised Code, shall deduct | 17536 |
| each district's tuition obligations under divisions (C)(2) and (3) | 17537 |
| of this section or section 3313.65 of the Revised Code and pay to | 17538 |
| the district of attendance that amount plus any amount required to | 17539 |
| be paid by the state. | 17540 |
| (K) In the event of a disagreement, the superintendent of | 17541 |
| public instruction shall determine the school district in which | 17542 |
| the parent resides. | 17543 |
| (L) Nothing in this section requires or authorizes, or shall | 17544 |
| be construed to require or authorize, the admission to a public | 17545 |
| school in this state of a pupil who has been permanently excluded | 17546 |
| from public school attendance by the superintendent of public | 17547 |
| instruction pursuant to sections 3301.121 and 3313.662 of the | 17548 |
| Revised Code. | 17549 |
| (M) In accordance with division (B)(1) of this section, a | 17550 |
| child whose parent is a member of the national guard or a reserve | 17551 |
| unit of the armed forces of the United States and is called to | 17552 |
| active duty, or a child whose parent is a member of the armed | 17553 |
| forces of the United States and is ordered to a temporary duty | 17554 |
| assignment outside of the district, may continue to attend school | 17555 |
| in the district in which the child's parent lived before being | 17556 |
| called to active duty or ordered to a temporary duty assignment | 17557 |
| outside of the district, as long as the child's parent continues | 17558 |
| to be a resident of that district, and regardless of where the | 17559 |
| child lives as a result of the parent's active duty status or | 17560 |
| temporary duty assignment. However, the district is not | 17561 |
| responsible for providing transportation for the child if the | 17562 |
| child lives outside of the district as a result of the parent's | 17563 |
| active duty status or temporary duty assignment. | 17564 |
| Sec. 3313.646. (A) The board of education of a school | 17565 |
| district, except a cooperative education district established | 17566 |
| pursuant to section 3311.521 of the Revised Code, may establish | 17567 |
|
and operate a preschool program | 17568 |
| 17569 | |
| 17570 |
| | 17571 |
| program | 17572 |
| | 17573 |
| 17574 | |
| 17575 | |
| 17576 | |
| 17577 | |
| programs. The board shall maintain, operate, and admit children to | 17578 |
| any such program pursuant to rules adopted by such board and the | 17579 |
| rules of the state board of education adopted under sections | 17580 |
| 3301.52 to 3301.57 of the Revised Code. | 17581 |
| A board of education may establish fees or tuition, which may | 17582 |
| be graduated in proportion to family income, for participation in | 17583 |
| a preschool program. In cases where payment of fees or tuition | 17584 |
| would create a hardship for the child's parent or guardian, the | 17585 |
| board may waive any such fees or tuition. | 17586 |
| (B) No board of education that is not receiving funds under | 17587 |
| the "Head Start Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, on | 17588 |
| March 17, 1989, shall compete for funds under the "Head Start Act" | 17589 |
| with any grantee receiving funds under that act. | 17590 |
| (C) A board of education may contract with any of the | 17591 |
| following preschool providers to provide preschool programs, other | 17592 |
| than programs for units described by divisions (B) and (C) of | 17593 |
| section 3317.05 of the Revised Code, for children of the school | 17594 |
| district: | 17595 |
| (1) Any organization receiving funds under the "Head Start | 17596 |
| Act"; | 17597 |
| (2) Any nonsectarian eligible nonpublic school as defined in | 17598 |
| division (H) of section 3301.52 of the Revised Code; | 17599 |
| (3) Any child care provider licensed under Chapter 5104. of | 17600 |
| the Revised Code. | 17601 |
| Boards may contract to provide preschool programs only with | 17602 |
| such organizations whose staff meet the requirements of rules | 17603 |
| adopted under section 3301.53 of the Revised Code or those of the | 17604 |
| child development associate credential established by the national | 17605 |
| association for the education of young children. | 17606 |
| (D) A contract entered into under division (C) of this | 17607 |
| section may provide for the board of education to lease school | 17608 |
| facilities to the preschool provider or to furnish transportation, | 17609 |
| utilities, or staff for the preschool program. | 17610 |
| (E) The treasurer of any board of education operating a | 17611 |
| preschool program pursuant to this section shall keep an account | 17612 |
|
of all funds used to operate the program in the same manner as | 17613 |
| the treasurer would any other funds of the district pursuant to | 17614 |
| this chapter. | 17615 |
| Sec. 3313.66. (A) Except as provided under division (B)(2) | 17616 |
| of this section, the superintendent of schools of a city, exempted | 17617 |
| village, or local school district, or the principal of a public | 17618 |
| school may suspend a pupil from school for not more than ten | 17619 |
| school days. The board of education of a city, exempted village, | 17620 |
| or local school district may adopt a policy granting assistant | 17621 |
| principals and other administrators the authority to suspend a | 17622 |
| pupil from school for a period of time as specified in the policy | 17623 |
| of the board of education, not to exceed ten school days. If at | 17624 |
| the time a suspension is imposed there are fewer than ten school | 17625 |
| days remaining in the school year in which the incident that gives | 17626 |
| rise to the suspension takes place, the superintendent may apply | 17627 |
| any remaining part or all of the period of the suspension to the | 17628 |
| following school year. Except in the case of a pupil given an | 17629 |
| in-school suspension, no pupil shall be suspended unless prior to | 17630 |
| the suspension such superintendent or principal does both of the | 17631 |
| following: | 17632 |
| (1) Gives the pupil written notice of the intention to | 17633 |
| suspend the pupil and the reasons for the intended suspension and, | 17634 |
| if the proposed suspension is based on a violation listed in | 17635 |
| division (A) of section 3313.662 of the Revised Code and if the | 17636 |
| pupil is sixteen years of age or older, includes in the notice a | 17637 |
| statement that the superintendent may seek to permanently exclude | 17638 |
| the pupil if the pupil is convicted of or adjudicated a delinquent | 17639 |
| child for that violation; | 17640 |
| (2) Provides the pupil an opportunity to appear at an | 17641 |
| informal hearing before the principal, assistant principal, | 17642 |
| superintendent, or superintendent's designee and challenge the | 17643 |
| reason for the intended suspension or otherwise to explain the | 17644 |
| pupil's actions. | 17645 |
| (B)(1) Except as provided under division (B)(2), (3), or (4) | 17646 |
| of this section, the superintendent of schools of a city, exempted | 17647 |
| village, or local school district may expel a pupil from school | 17648 |
| for a period not to exceed the greater of eighty school days or | 17649 |
| the number of school days remaining in the semester or term in | 17650 |
| which the incident that gives rise to the expulsion takes place, | 17651 |
| unless the expulsion is extended pursuant to division (F) of this | 17652 |
| section. If at the time an expulsion is imposed there are fewer | 17653 |
| than eighty school days remaining in the school year in which the | 17654 |
| incident that gives rise to the expulsion takes place, the | 17655 |
| superintendent may apply any remaining part or all of the period | 17656 |
| of the expulsion to the following school year. | 17657 |
| (2)(a) Unless a pupil is permanently excluded pursuant to | 17658 |
| section 3313.662 of the Revised Code, the superintendent of | 17659 |
| schools of a city, exempted village, or local school district | 17660 |
| shall expel a pupil from school for a period of one year for | 17661 |
| bringing a firearm to a school operated by the board of education | 17662 |
| of the district or onto any other property owned or controlled by | 17663 |
| the board, except that the superintendent may reduce this | 17664 |
| requirement on a case-by-case basis in accordance with the policy | 17665 |
| adopted by the board under section 3313.661 of the Revised Code. | 17666 |
| (b) The superintendent of schools of a city, exempted | 17667 |
| village, or local school district may expel a pupil from school | 17668 |
| for a period of one year for bringing a firearm to an | 17669 |
| interscholastic competition, an extracurricular event, or any | 17670 |
| other school program or activity that is not located in a school | 17671 |
| or on property that is owned or controlled by the district. The | 17672 |
| superintendent may reduce this disciplinary action on a | 17673 |
| case-by-case basis in accordance with the policy adopted by the | 17674 |
| board under section 3313.661 of the Revised Code. | 17675 |
| (c) Any expulsion pursuant to division (B)(2) of this section | 17676 |
| shall extend, as necessary, into the school year following the | 17677 |
| school year in which the incident that gives rise to the expulsion | 17678 |
| takes place. As used in this division, "firearm" has the same | 17679 |
| meaning as provided
pursuant to the "Gun-Free Schools Act
| 17680 |
| 17681 |
| (3) The board of education of a city, exempted village, or | 17682 |
| local school district may adopt a resolution authorizing the | 17683 |
| superintendent of schools to expel a pupil from school for a | 17684 |
| period not to exceed one year for bringing a knife to a school | 17685 |
| operated by the board, onto any other property owned or controlled | 17686 |
| by the board, or to an interscholastic competition, an | 17687 |
| extracurricular event, or any other program or activity sponsored | 17688 |
| by the school district or in which the district is a participant, | 17689 |
| or for possessing a firearm or knife at a school, on any other | 17690 |
| property owned or controlled by the board, or at an | 17691 |
| interscholastic competition, an extracurricular event, or any | 17692 |
| other school program or activity, which firearm or knife was | 17693 |
| initially brought onto school board property by another person. | 17694 |
| The resolution may authorize the superintendent to extend such an | 17695 |
| expulsion, as necessary, into the school year following the school | 17696 |
| year in which the incident that gives rise to the expulsion takes | 17697 |
| place. | 17698 |
| (4) The board of education of a city, exempted village, or | 17699 |
| local school district may adopt a resolution establishing a policy | 17700 |
| under section 3313.661 of the Revised Code that authorizes the | 17701 |
| superintendent of schools to expel a pupil from school for a | 17702 |
| period not to exceed one year for committing an act that is a | 17703 |
| criminal offense when committed by an adult and that results in | 17704 |
| serious physical harm to persons as defined in division (A)(5) of | 17705 |
| section 2901.01 of the Revised Code or serious physical harm to | 17706 |
| property as defined in division (A)(6) of section 2901.01 of the | 17707 |
| Revised Code while the pupil is at school, on any other property | 17708 |
| owned or controlled by the board, or at an interscholastic | 17709 |
| competition, an extracurricular event, or any other school program | 17710 |
| or activity. Any expulsion under this division shall extend, as | 17711 |
| necessary, into the school year following the school year in which | 17712 |
| the incident that gives rise to the expulsion takes place. | 17713 |
| (5) The board of education of any city, exempted village, or | 17714 |
| local school district may adopt a resolution establishing a policy | 17715 |
| under section 3313.661 of the Revised Code that authorizes the | 17716 |
| superintendent of schools to expel a pupil from school for a | 17717 |
| period not to exceed one year for making a bomb threat to a school | 17718 |
| building or to any premises at which a school activity is | 17719 |
| occurring at the time of the threat. Any expulsion under this | 17720 |
| division shall extend, as necessary, into the school year | 17721 |
| following the school year in which the incident that gives rise to | 17722 |
| the expulsion takes place. | 17723 |
| (6) No pupil shall be expelled under division (B)(1), (2), | 17724 |
| (3), (4), or (5) of this section unless, prior to the pupil's | 17725 |
| expulsion, the superintendent does both of the following: | 17726 |
| (a) Gives the pupil and the pupil's parent, guardian, or | 17727 |
| custodian written notice of the intention to expel the pupil; | 17728 |
| (b) Provides the pupil and the pupil's parent, guardian, | 17729 |
| custodian, or representative an opportunity to appear in person | 17730 |
| before the superintendent or the superintendent's designee to | 17731 |
| challenge the reasons for the intended expulsion or otherwise to | 17732 |
| explain the pupil's actions. | 17733 |
| The notice required in this division shall include the | 17734 |
| reasons for the intended expulsion, notification of the | 17735 |
| opportunity of the pupil and the pupil's parent, guardian, | 17736 |
| custodian, or representative to appear before the superintendent | 17737 |
| or the superintendent's designee to challenge the reasons for the | 17738 |
| intended expulsion or otherwise to explain the pupil's action, and | 17739 |
| notification of the time and place to appear. The time to appear | 17740 |
| shall not be earlier than three nor later than five school days | 17741 |
| after the notice is given, unless the superintendent grants an | 17742 |
| extension of time at the request of the pupil or the pupil's | 17743 |
| parent, guardian, custodian, or representative. If an extension is | 17744 |
| granted after giving the original notice, the superintendent shall | 17745 |
| notify the pupil and the pupil's parent, guardian, custodian, or | 17746 |
| representative of the new time and place to appear. If the | 17747 |
| proposed expulsion is based on a violation listed in division (A) | 17748 |
| of section 3313.662 of the Revised Code and if the pupil is | 17749 |
| sixteen years of age or older, the notice shall include a | 17750 |
| statement that the superintendent may seek to permanently exclude | 17751 |
| the pupil if the pupil is convicted of or adjudicated a delinquent | 17752 |
| child for that violation. | 17753 |
| (7) A superintendent of schools of a city, exempted village, | 17754 |
| or local school district shall initiate expulsion proceedings | 17755 |
| pursuant to this section with respect to any pupil who has | 17756 |
| committed an act warranting expulsion under the district's policy | 17757 |
| regarding expulsion even if the pupil has withdrawn from school | 17758 |
| for any reason after the incident that gives rise to the hearing | 17759 |
| but prior to the hearing or decision to impose the expulsion. If, | 17760 |
| following the hearing, the pupil would have been expelled for a | 17761 |
| period of time had the pupil still been enrolled in the school, | 17762 |
| the expulsion shall be imposed for the same length of time as on a | 17763 |
| pupil who has not withdrawn from the school. | 17764 |
| (C) If a pupil's presence poses a continuing danger to | 17765 |
| persons or property or an ongoing threat of disrupting the | 17766 |
| academic process taking place either within a classroom or | 17767 |
| elsewhere on the school premises, the superintendent or a | 17768 |
| principal or assistant principal may remove a pupil from | 17769 |
| curricular activities or from the school premises, and a teacher | 17770 |
| may remove a pupil from curricular activities under the teacher's | 17771 |
| supervision, without the notice and hearing requirements of | 17772 |
| division (A) or (B) of this section. As soon as practicable after | 17773 |
| making such a removal, the teacher shall submit in writing to the | 17774 |
| principal the reasons for such removal. | 17775 |
| If a pupil is removed under this division from a curricular | 17776 |
| activity or from the school premises, written notice of the | 17777 |
| hearing and of the reason for the removal shall be given to the | 17778 |
| pupil as soon as practicable prior to the hearing, which shall be | 17779 |
| held within three school days from the time the initial removal is | 17780 |
| ordered. The hearing shall be held in accordance with division (A) | 17781 |
| of this section unless it is probable that the pupil may be | 17782 |
| subject to expulsion, in which case a hearing in accordance with | 17783 |
| division (B) of this section shall be held, except that the | 17784 |
| hearing shall be held within three school days of the initial | 17785 |
| removal. The individual who ordered, caused, or requested the | 17786 |
| removal to be made shall be present at the hearing. | 17787 |
| If the superintendent or the principal reinstates a pupil in | 17788 |
| a curricular activity under the teacher's supervision prior to the | 17789 |
| hearing following a removal under this division, the teacher, upon | 17790 |
| request, shall be given in writing the reasons for such | 17791 |
| reinstatement. | 17792 |
| (D) The superintendent or principal, within one school day | 17793 |
| after the time of a pupil's expulsion or suspension, shall notify | 17794 |
| in writing the parent, guardian, or custodian of the pupil and the | 17795 |
| treasurer of the board of education of the expulsion or | 17796 |
| suspension. The notice shall include the reasons for the expulsion | 17797 |
| or suspension, notification of the right of the pupil or the | 17798 |
| pupil's parent, guardian, or custodian to appeal the expulsion or | 17799 |
| suspension to the board of education or to its designee, to be | 17800 |
| represented in all appeal proceedings, to be granted a hearing | 17801 |
| before the board or its designee in order to be heard against the | 17802 |
| suspension or expulsion, and to request that the hearing be held | 17803 |
| in executive session, notification that the expulsion may be | 17804 |
| subject to extension pursuant to division (F) of this section if | 17805 |
| the pupil is sixteen years of age or older, and notification that | 17806 |
| the superintendent may seek the pupil's permanent exclusion if the | 17807 |
| suspension or expulsion was based on a violation listed in | 17808 |
| division (A) of section 3313.662 of the Revised Code that was | 17809 |
| committed when the child was sixteen years of age or older and if | 17810 |
| the pupil is convicted of or adjudicated a delinquent child for | 17811 |
| that violation. | 17812 |
| In accordance with the policy adopted by the board of | 17813 |
| education under section 3313.661 of the Revised Code, the notice | 17814 |
| provided under this division shall specify the manner and date by | 17815 |
| which the pupil or the pupil's parent, guardian, or custodian | 17816 |
| shall notify the board of the pupil's, parent's, guardian's, or | 17817 |
| custodian's intent to appeal the expulsion or suspension to the | 17818 |
| board or its designee. | 17819 |
| Any superintendent expelling a pupil under this section for | 17820 |
| more than twenty school days or for any period of time if the | 17821 |
| expulsion will extend into the following semester or school year | 17822 |
| shall, in the notice required under this division, provide the | 17823 |
| pupil and the pupil's parent, guardian, or custodian with | 17824 |
| information about services or programs offered by public and | 17825 |
| private agencies that work toward improving those aspects of the | 17826 |
| pupil's attitudes and behavior that contributed to the incident | 17827 |
| that gave rise to the pupil's expulsion. The information shall | 17828 |
| include the names, addresses, and phone numbers of the appropriate | 17829 |
| public and private agencies. | 17830 |
| (E) A pupil or the pupil's parent, guardian, or custodian may | 17831 |
| appeal the pupil's expulsion by a superintendent or suspension by | 17832 |
| a superintendent, principal, assistant principal, or other | 17833 |
| administrator to the board of education or to its designee. If the | 17834 |
| pupil or the pupil's parent, guardian, or custodian intends to | 17835 |
| appeal the expulsion or suspension to the board or its designee, | 17836 |
| the pupil or the pupil's parent, guardian, or custodian shall | 17837 |
| notify the board in the manner and by the date specified in the | 17838 |
| notice provided under division (D) of this section. The pupil or | 17839 |
| the pupil's parent, guardian, or custodian may be represented in | 17840 |
| all appeal proceedings and shall be granted a hearing before the | 17841 |
| board or its designee in order to be heard against the suspension | 17842 |
| or expulsion. At the request of the pupil or of the pupil's | 17843 |
| parent, guardian, custodian, or attorney, the board or its | 17844 |
| designee may hold the hearing in executive session but shall act | 17845 |
| upon the suspension or expulsion only at a public meeting. The | 17846 |
| board, by a majority vote of its full membership or by the action | 17847 |
| of its designee, may affirm the order of suspension or expulsion, | 17848 |
| reinstate the pupil, or otherwise reverse, vacate, or modify the | 17849 |
| order of suspension or expulsion. | 17850 |
| The board or its designee shall make a verbatim record of | 17851 |
| hearings held under this division. The decisions of the board or | 17852 |
| its designee may be appealed under Chapter 2506. of the Revised | 17853 |
| Code. | 17854 |
| This section shall not be construed to require notice and | 17855 |
| hearing in accordance with division (A), (B), or (C) of this | 17856 |
| section in the case of normal disciplinary procedures in which a | 17857 |
| pupil is removed from a curricular activity for a period of less | 17858 |
| than one school day and is not subject to suspension or expulsion. | 17859 |
| (F)(1) If a pupil is expelled pursuant to division (B) of | 17860 |
| this section for committing any violation listed in division (A) | 17861 |
| of section 3313.662 of the Revised Code and the pupil was sixteen | 17862 |
| years of age or older at the time of committing the violation, if | 17863 |
| a complaint, indictment, or information is filed alleging that the | 17864 |
| pupil is a delinquent child based upon the commission of the | 17865 |
| violation or the pupil is prosecuted as an adult for the | 17866 |
| commission of the violation, and if the resultant juvenile court | 17867 |
| or criminal proceeding is pending at the time that the expulsion | 17868 |
| terminates, the superintendent of schools that expelled the pupil | 17869 |
| may file a motion with the court in which the proceeding is | 17870 |
| pending requesting an order extending the expulsion for the lesser | 17871 |
| of an additional eighty days or the number of school days | 17872 |
| remaining in the school year. Upon the filing of the motion, the | 17873 |
| court immediately shall schedule a hearing and give written notice | 17874 |
| of the time, date, and location of the hearing to the | 17875 |
| superintendent and to the pupil and the pupil's parent, guardian, | 17876 |
| or custodian. At the hearing, the court shall determine whether | 17877 |
| there is reasonable cause to believe that the pupil committed the | 17878 |
| alleged violation that is the basis of the expulsion and, upon | 17879 |
| determining that reasonable cause to believe the pupil committed | 17880 |
| the violation does exist, shall grant the requested extension. | 17881 |
| (2) If a pupil has been convicted of or adjudicated a | 17882 |
| delinquent child for a violation listed in division (A) of section | 17883 |
| 3313.662 of the Revised Code for an act that was committed when | 17884 |
| the child was sixteen years of age or older, if the pupil has been | 17885 |
| expelled pursuant to division (B) of this section for that | 17886 |
| violation, and if the board of education of the school district of | 17887 |
| the school from which the pupil was expelled has adopted a | 17888 |
| resolution seeking the pupil's permanent exclusion, the | 17889 |
| superintendent may file a motion with the court that convicted the | 17890 |
| pupil or adjudicated the pupil a delinquent child requesting an | 17891 |
| order to extend the expulsion until an adjudication order or other | 17892 |
| determination regarding permanent exclusion is issued by the | 17893 |
| superintendent of public instruction pursuant to section 3301.121 | 17894 |
| and division (D) of section 3313.662 of the Revised Code. Upon the | 17895 |
| filing of the motion, the court immediately shall schedule a | 17896 |
| hearing and give written notice of the time, date, and location of | 17897 |
| the hearing to the superintendent of the school district, the | 17898 |
| pupil, and the pupil's parent, guardian, or custodian. At the | 17899 |
| hearing, the court shall determine whether there is reasonable | 17900 |
| cause to believe the pupil's continued attendance in the public | 17901 |
| school system may endanger the health and safety of other pupils | 17902 |
| or school employees and, upon making that determination, shall | 17903 |
| grant the requested extension. | 17904 |
| (G) The failure of the superintendent or the board of | 17905 |
| education to provide the information regarding the possibility of | 17906 |
| permanent exclusion in the notice required by divisions (A), (B), | 17907 |
| and (D) of this section is not jurisdictional, and the failure | 17908 |
| shall not affect the validity of any suspension or expulsion | 17909 |
| procedure that is conducted in accordance with this section or the | 17910 |
| validity of a permanent exclusion procedure that is conducted in | 17911 |
| accordance with sections 3301.121 and 3313.662 of the Revised | 17912 |
| Code. | 17913 |
| (H) With regard to suspensions and expulsions pursuant to | 17914 |
| divisions (A) and (B) of this section by the board of education of | 17915 |
| any city, exempted village, or local school district, this section | 17916 |
| shall apply to any student, whether or not the student is enrolled | 17917 |
| in the district, attending or otherwise participating in any | 17918 |
| curricular program provided in a school operated by the board or | 17919 |
| provided on any other property owned or controlled by the board. | 17920 |
| (I) Whenever a student is expelled under this section, the | 17921 |
| expulsion shall result in removal of the student from the | 17922 |
| student's regular school setting. However, during the period of | 17923 |
| the expulsion, the board of education of the school district that | 17924 |
| expelled the student or any board of education admitting the | 17925 |
| student during that expulsion period may provide educational | 17926 |
| services to the student in an alternative setting. | 17927 |
| (J)(1) Notwithstanding sections 3109.51 to 3109.80, 3313.64, | 17928 |
| and 3313.65 of the Revised Code, any school district, after | 17929 |
| offering an opportunity for a hearing, may temporarily deny | 17930 |
| admittance to any pupil if one of the following applies: | 17931 |
| (a) The pupil has been suspended from the schools of another | 17932 |
| district under division (A) of this section and the period of | 17933 |
| suspension, as established under that division, has not expired; | 17934 |
| (b) The pupil has been expelled from the schools of another | 17935 |
| district under division (B) of this section and the period of the | 17936 |
| expulsion, as established under that division or as extended under | 17937 |
| division (F) of this section, has not expired. | 17938 |
| If a pupil is temporarily denied admission under this | 17939 |
| division, the pupil shall be admitted to school in accordance with | 17940 |
| sections 3109.51 to 3109.80, 3313.64, or 3313.65 of the Revised | 17941 |
| Code no later than upon expiration of the suspension or expulsion | 17942 |
| period, as applicable. | 17943 |
| (2) Notwithstanding sections 3109.51 to 3109.80, 3313.64, and | 17944 |
| 3313.65 of the Revised Code, any school district, after offering | 17945 |
| an opportunity for a hearing, may temporarily deny admittance to | 17946 |
| any pupil if the pupil has been expelled or otherwise removed for | 17947 |
| disciplinary purposes from a public school in another state and | 17948 |
| the period of expulsion or removal has not expired. If a pupil is | 17949 |
| temporarily denied admission under this division, the pupil shall | 17950 |
| be admitted to school in accordance with sections 3109.51 to | 17951 |
| 3109.80, 3313.64, or 3313.65 of the Revised Code no later than the | 17952 |
| earlier of the following: | 17953 |
| (a) Upon expiration of the expulsion or removal period | 17954 |
| imposed by the out-of-state school; | 17955 |
| (b) Upon expiration of a period established by the district, | 17956 |
| beginning with the date of expulsion or removal from the | 17957 |
| out-of-state school, that is no greater than the period of | 17958 |
| expulsion that the pupil would have received under the policy | 17959 |
| adopted by the district under section 3313.661 of the Revised Code | 17960 |
| had the offense that gave rise to the expulsion or removal by the | 17961 |
| out-of-state school been committed while the pupil was enrolled in | 17962 |
| the district. | 17963 |
| (K) As used in this section: | 17964 |
| (1) "Permanently exclude" and "permanent exclusion" have the | 17965 |
| same meanings as in section 3313.662 of the Revised Code. | 17966 |
| (2) "In-school suspension" means the pupil will serve all of | 17967 |
| the suspension in a school setting. | 17968 |
| Sec. 3313.661. (A) The board of education of each city, | 17969 |
| exempted village, and local school district shall adopt a policy | 17970 |
| regarding suspension, expulsion, removal, and permanent exclusion | 17971 |
| that specifies the types of misconduct for which a pupil may be | 17972 |
| suspended, expelled, or removed. The types of misconduct may | 17973 |
| include misconduct by a pupil that occurs off of property owned or | 17974 |
| controlled by the district but that is connected to activities or | 17975 |
| incidents that have occurred on property owned or controlled by | 17976 |
| that district and misconduct by a pupil that, regardless of where | 17977 |
| it occurs, is directed at a district official or employee, or the | 17978 |
| property of such official or employee. The policy shall specify | 17979 |
| the reasons for which the superintendent of the district may | 17980 |
| reduce the expulsion requirement in division (B)(2) of section | 17981 |
| 3313.66 of the Revised Code. If a board of education adopts a | 17982 |
| resolution pursuant to division (B)(3) of section 3313.66 of the | 17983 |
| Revised Code, the policy shall define the term "knife" or | 17984 |
| "firearm," as applicable, for purposes of expulsion under that | 17985 |
| resolution and shall specify any reasons for which the | 17986 |
| superintendent of the district may reduce any required expulsion | 17987 |
| period on a case-by-case basis. If a board of education adopts a | 17988 |
| resolution pursuant to division (B)(4) or (5) of section 3313.66 | 17989 |
| of the Revised Code, the policy shall specify any reasons for | 17990 |
| which the superintendent of the district may reduce any required | 17991 |
| expulsion period on a case-by-case basis. The policy also shall | 17992 |
| set forth the acts listed in section 3313.662 of the Revised Code | 17993 |
| for which a pupil may be permanently excluded. | 17994 |
| The policy adopted under this division shall specify the date | 17995 |
| and manner by which a pupil or a pupil's parent, guardian, or | 17996 |
| custodian may notify the board of the pupil's, parent's, | 17997 |
| guardian's, or custodian's intent to appeal an expulsion or | 17998 |
| suspension to the board or its designee pursuant to division (E) | 17999 |
| of section 3313.66 of the Revised Code. In the case of any | 18000 |
| expulsion, the policy shall not specify a date that is less than | 18001 |
| fourteen days after the date of the notice provided to the pupil | 18002 |
| or the pupil's parent, guardian, or custodian under division (D) | 18003 |
| of that section. | 18004 |
| A copy of the policy shall be posted in a central location in | 18005 |
| the school and made available to pupils upon request. No pupil | 18006 |
| shall be suspended, expelled, or removed except in accordance with | 18007 |
| the policy adopted by the board of education of the school | 18008 |
| district in which the pupil attends school, and no pupil shall be | 18009 |
| permanently excluded except in accordance with sections 3301.121 | 18010 |
| and 3313.662 of the Revised Code. | 18011 |
| (B) A board of education may establish a program and adopt | 18012 |
| guidelines under which a superintendent may require a pupil to | 18013 |
| perform community service in conjunction with a suspension or | 18014 |
| expulsion imposed under section 3313.66 of the Revised Code or in | 18015 |
| place of a suspension or expulsion imposed under section 3313.66 | 18016 |
| of the Revised Code except for an expulsion imposed pursuant to | 18017 |
| division (B)(2) of that section. If a board adopts guidelines | 18018 |
| under this division, they shall permit, except with regard to an | 18019 |
| expulsion pursuant to division (B)(2) of section 3313.66 of the | 18020 |
| Revised Code, a superintendent to impose a community service | 18021 |
| requirement beyond the end of the school year in lieu of applying | 18022 |
| the suspension or expulsion into the following school year. Any | 18023 |
| guidelines adopted shall be included in the policy adopted under | 18024 |
| this section. | 18025 |
| (C) The written policy of each board of education that is | 18026 |
| adopted pursuant to section 3313.20 of the Revised Code shall be | 18027 |
| posted in a central location in each school that is subject to the | 18028 |
| policy and shall be made available to pupils upon request. | 18029 |
| (D) Any policy, program, or guideline adopted by a board of | 18030 |
| education under this section with regard to suspensions or | 18031 |
| expulsions pursuant to division (A) or (B) of section 3313.66 of | 18032 |
| the Revised Code shall apply to any student, whether or not the | 18033 |
| student is enrolled in the district, attending or otherwise | 18034 |
| participating in any curricular program provided in a school | 18035 |
| operated by the board or provided on any other property owned or | 18036 |
| controlled by the board. | 18037 |
| (E) As used in this section, "permanently exclude" and | 18038 |
| "permanent exclusion" have the same meanings as in section | 18039 |
| 3313.662 of the Revised Code. | 18040 |
| Sec. 3313.98. Notwithstanding division (D) of section | 18041 |
| 3311.19 and division (D) of section 3311.52 of the Revised Code, | 18042 |
| the provisions of this section and sections 3313.981 to 3313.983 | 18043 |
| of the Revised Code that apply to a city school district do not | 18044 |
| apply to a joint vocational or cooperative education school | 18045 |
| district unless expressly specified. | 18046 |
| (A) As used in this section and sections 3313.981 to 3313.983 | 18047 |
| of the Revised Code: | 18048 |
| (1) "Parent" means either of the natural or adoptive parents | 18049 |
| of a student, except under the following conditions: | 18050 |
| (a) When the marriage of the natural or adoptive parents of | 18051 |
| the student has been terminated by a divorce, dissolution of | 18052 |
| marriage, or annulment or the natural or adoptive parents of the | 18053 |
| student are living separate and apart under a legal separation | 18054 |
| decree and the court has issued an order allocating the parental | 18055 |
| rights and responsibilities with respect to the student, "parent" | 18056 |
| means the residential parent as designated by the court except | 18057 |
| that "parent" means either parent when the court issues a shared | 18058 |
| parenting decree. | 18059 |
| (b) When a court has granted temporary or permanent custody | 18060 |
| of the student to an individual or agency other than either of the | 18061 |
| natural or adoptive parents of the student, "parent" means the | 18062 |
| legal custodian of the child. | 18063 |
| (c) When a court has appointed a guardian for the student, | 18064 |
| "parent" means the guardian of the student. | 18065 |
| (2) "Native student" means a student entitled under section | 18066 |
| 3313.64 or 3313.65 of the Revised Code to attend school in a | 18067 |
| district adopting a resolution under this section. | 18068 |
| (3) "Adjacent district" means a city, exempted village, or | 18069 |
| local school district having territory that abuts the territory of | 18070 |
| a district adopting a resolution under this section. | 18071 |
| (4) "Adjacent district student" means a student entitled | 18072 |
| under section 3313.64 or 3313.65 of the Revised Code to attend | 18073 |
| school in an adjacent district. | 18074 |
| (5) "Adjacent district joint vocational student" means an | 18075 |
| adjacent district student who enrolls in a city, exempted village, | 18076 |
| or local school district pursuant to this section and who also | 18077 |
| enrolls in a joint vocational school district that does not | 18078 |
| contain the territory of the district for which that student is a | 18079 |
| native student and does contain the territory of the city, | 18080 |
| exempted village, or local district in which the student enrolls. | 18081 |
| (6) "Formula amount" has the same meaning as in section | 18082 |
| 3317.02 of the Revised Code. | 18083 |
| (7) "Adjusted formula amount" means the | 18084 |
| 18085 |
| | 18086 |
| 18087 | |
| 18088 | |
| 18089 |
| | 18090 |
| 18091 | |
| 18092 | |
| supplements specified in divisions (C)(1) to (4) of section | 18093 |
| 3317.012 of the Revised Code. | 18094 |
| (8) "Poverty line" means the poverty line established by the | 18095 |
| director of the United States office of management and budget as | 18096 |
| revised by the director of the office of community services in | 18097 |
| accordance with section 673(2) of the "Community Services Block | 18098 |
| Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended. | 18099 |
| (9) "IEP" means an individualized education program defined | 18100 |
| by division (E) of section 3323.01 of the Revised Code. | 18101 |
| (10) "Other district" means a city, exempted village, or | 18102 |
| local school district having territory outside of the territory of | 18103 |
| a district adopting a resolution under this section. | 18104 |
| (11) "Other district student" means a student entitled under | 18105 |
| section 3313.64 or 3313.65 of the Revised Code to attend school in | 18106 |
| an other district. | 18107 |
| (12) "Other district joint vocational student" means a | 18108 |
| student who is enrolled in any city, exempted village, or local | 18109 |
| school district and who also enrolls in a joint vocational school | 18110 |
| district that does not contain the territory of the district for | 18111 |
| which that student is a native student in accordance with a policy | 18112 |
| adopted under section 3313.983 of the Revised Code. | 18113 |
| (B)(1) The board of education of each city, local, and | 18114 |
| exempted village school district shall adopt a resolution | 18115 |
| establishing for the school district one of the following | 18116 |
| policies: | 18117 |
| (a) A policy that entirely prohibits the enrollment of | 18118 |
| students from adjacent districts or other districts, other than | 18119 |
| students for whom tuition is paid in accordance with section | 18120 |
| 3317.08 of the Revised Code; | 18121 |
| (b) A policy that permits enrollment of students from all | 18122 |
| adjacent districts in accordance with policy statements contained | 18123 |
| in the resolution; | 18124 |
| (c) A policy that permits enrollment of students from all | 18125 |
| other districts in accordance with policy statements contained in | 18126 |
| the resolution. | 18127 |
| (2) A policy permitting enrollment of students from adjacent | 18128 |
| or from other districts, as applicable, shall provide for all of | 18129 |
| the following: | 18130 |
| (a) Application procedures, including deadlines for | 18131 |
| application and for notification of students and the | 18132 |
| superintendent of the applicable district whenever an adjacent or | 18133 |
| other district student's application is approved. | 18134 |
| (b) Procedures for admitting adjacent or other district | 18135 |
| applicants free of any tuition obligation to the district's | 18136 |
| schools, including, but not limited to: | 18137 |
| (i) The establishment of district capacity limits by grade | 18138 |
| level, school building, and education program; | 18139 |
| (ii) A requirement that all native students wishing to be | 18140 |
| enrolled in the district will be enrolled and that any adjacent or | 18141 |
| other district students previously enrolled in the district shall | 18142 |
| receive preference over first-time applicants; | 18143 |
| (iii) Procedures to ensure that an appropriate racial balance | 18144 |
| is maintained in the district schools. | 18145 |
| (C) Except as provided in section 3313.982 of the Revised | 18146 |
| Code, the procedures for admitting adjacent or other district | 18147 |
| students, as applicable, shall not include: | 18148 |
| (1) Any requirement of academic ability, or any level of | 18149 |
| athletic, artistic, or other extracurricular skills; | 18150 |
| (2) Limitations on admitting applicants because of | 18151 |
| handicapping conditions, except that a board may refuse to admit a | 18152 |
| student receiving services under Chapter 3323. of the Revised | 18153 |
| Code, if the services described in the student's IEP are not | 18154 |
| available in the district's schools; | 18155 |
| (3) A requirement that the student be proficient in the | 18156 |
| English language; | 18157 |
| (4) Rejection of any applicant because the student has been | 18158 |
| subject to disciplinary proceedings, except that if an applicant | 18159 |
| has been suspended or expelled by the student's district for ten | 18160 |
| consecutive days or more in the term for which admission is sought | 18161 |
| or in the term immediately preceding the term for which admission | 18162 |
| is sought, the procedures may include a provision denying | 18163 |
| admission of such applicant. | 18164 |
| (D)(1) Each school board permitting only enrollment of | 18165 |
| adjacent district students shall provide information about the | 18166 |
| policy adopted under this section, including the application | 18167 |
| procedures and deadlines, to the superintendent and the board of | 18168 |
| education of each adjacent district and, upon request, to the | 18169 |
| parent of any adjacent district student. | 18170 |
| (2) Each school board permitting enrollment of other district | 18171 |
| students shall provide information about the policy adopted under | 18172 |
| this section, including the application procedures and deadlines, | 18173 |
| upon request, to the board of education of any other school | 18174 |
| district or to the parent of any student anywhere in the state. | 18175 |
| (E) Any school board shall accept all credits toward | 18176 |
| graduation earned in adjacent or other district schools by an | 18177 |
| adjacent or other district student or a native student. | 18178 |
| (F)(1) No board of education may adopt a policy discouraging | 18179 |
| or prohibiting its native students from applying to enroll in the | 18180 |
| schools of an adjacent or any other district that has adopted a | 18181 |
| policy permitting such enrollment, except that: | 18182 |
| (a) A district may object to the enrollment of a native | 18183 |
| student in an adjacent or other district in order to maintain an | 18184 |
| appropriate racial balance. | 18185 |
| (b) The board of education of a district receiving funds | 18186 |
| under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended, | 18187 |
| may adopt a resolution objecting to the enrollment of its native | 18188 |
| students in adjacent or other districts if at least ten per cent | 18189 |
| of its students are included in the determination of the United | 18190 |
| States secretary of education made under section 20 U.S.C.A. | 18191 |
| 238(a). | 18192 |
| (2) If a board objects to enrollment of native students under | 18193 |
| this division, any adjacent or other district shall refuse to | 18194 |
| enroll such native students unless tuition is paid for the | 18195 |
| students in accordance with section 3317.08 of the Revised Code. | 18196 |
| An adjacent or other district enrolling such students may not | 18197 |
| receive funding for those students in accordance with section | 18198 |
| 3313.981 of the Revised Code. | 18199 |
| (G) The state board of education shall monitor school | 18200 |
| districts to ensure compliance with this section and the | 18201 |
| districts' policies. The board may adopt rules requiring uniform | 18202 |
| application procedures, deadlines for application, notification | 18203 |
| procedures, and record-keeping requirements for all school boards | 18204 |
| that adopt policies permitting the enrollment of adjacent or other | 18205 |
| district students, as applicable. If the state board adopts such | 18206 |
| rules, no school board shall adopt a policy that conflicts with | 18207 |
| those rules. | 18208 |
| (H) A resolution adopted by a board of education under this | 18209 |
| section that entirely prohibits the enrollment of students from | 18210 |
| adjacent and from other school districts does not abrogate any | 18211 |
| agreement entered into under section 3313.841 or 3313.92 of the | 18212 |
| Revised Code or any contract entered into under section 3313.90 of | 18213 |
| the Revised Code between the board of education adopting the | 18214 |
| resolution and the board of education of any adjacent or other | 18215 |
| district or prohibit these boards of education from entering into | 18216 |
| any such agreement or contract. | 18217 |
| (I) Nothing in this section shall be construed to permit or | 18218 |
| require the board of education of a city, exempted village, or | 18219 |
| local school district to exclude any native student of the | 18220 |
| district from enrolling in the district. | 18221 |
| Sec. 3314.015. (A) The department of education shall be | 18222 |
| responsible for the oversight of sponsors of the community schools | 18223 |
| established under this chapter and shall provide technical | 18224 |
| assistance to schools and sponsors in their compliance with | 18225 |
| applicable laws and the terms of the contracts entered into under | 18226 |
| section 3314.03 of the Revised Code and in the development and | 18227 |
| start-up activities of those schools. In carrying out its duties | 18228 |
| under this section, the department shall do all of the following: | 18229 |
| (1) In providing technical assistance to proposing parties, | 18230 |
| governing authorities, and sponsors, conduct training sessions and | 18231 |
| distribute informational materials; | 18232 |
| (2) Approve entities to be sponsors of community schools and | 18233 |
| monitor the effectiveness of those sponsors in their oversight of | 18234 |
| the schools with which they have contracted; | 18235 |
| (3) By December thirty-first of each year, issue a report to | 18236 |
| the governor, the speaker of the house of representatives, the | 18237 |
| president of the senate, and the chairpersons of the house and | 18238 |
| senate committees principally responsible for education matters | 18239 |
| regarding the effectiveness of academic programs, operations, and | 18240 |
| legal compliance and of the financial condition of all community | 18241 |
| schools established under this chapter; | 18242 |
| (4) From time to time, make legislative recommendations to | 18243 |
| the general assembly designed to enhance the operation and | 18244 |
| performance of community schools. | 18245 |
| (B)(1) No entity listed in division (C)(1) of section 3314.02 | 18246 |
| of the Revised Code shall enter into a preliminary agreement under | 18247 |
| division (C)(2) of section 3314.02 of the Revised Code until it | 18248 |
| has received approval from the department of education to sponsor | 18249 |
| community schools under this chapter and has entered into a | 18250 |
| written agreement with the department regarding the manner in | 18251 |
| which the entity will conduct such sponsorship. The department | 18252 |
| shall adopt in accordance with Chapter 119. of the Revised Code | 18253 |
| rules containing criteria, procedures, and deadlines for | 18254 |
| processing applications for such approval, for oversight of | 18255 |
| sponsors, for revocation of the approval of sponsors, and for | 18256 |
| entering into written agreements with sponsors. The rules shall | 18257 |
| require an entity to submit evidence of the entity's ability and | 18258 |
| willingness to comply with the provisions of division (D) of | 18259 |
| section 3314.03 of the Revised Code. The rules also shall require | 18260 |
| entities approved as sponsors on and after June 30, 2005, to | 18261 |
| demonstrate a record of financial responsibility and successful | 18262 |
| implementation of educational programs. If an entity seeking | 18263 |
| approval on or after June 30, 2005, to sponsor community schools | 18264 |
| in this state sponsors or operates schools in another state, at | 18265 |
| least one of the schools sponsored or operated by the entity must | 18266 |
| be comparable to or better than the performance of Ohio schools in | 18267 |
| 18268 | |
| section 3302.03 of the Revised Code, as determined by the | 18269 |
| department. | 18270 |
| An entity that sponsors community schools may enter into | 18271 |
| preliminary agreements and sponsor schools as follows, provided | 18272 |
| each school and the contract for sponsorship meets the | 18273 |
| requirements of this chapter: | 18274 |
| (a) An entity that sponsored fifty or fewer schools that were | 18275 |
| open for operation as of May 1, 2005, may sponsor not more than | 18276 |
| fifty schools. | 18277 |
| (b) An entity that sponsored more than fifty but not more | 18278 |
| than seventy-five schools that were open for operation as of May | 18279 |
| 1, 2005, may sponsor not more than the number of schools the | 18280 |
| entity sponsored that were open for operation as of May 1, 2005. | 18281 |
| (c) Until June 30, 2006, an entity that sponsored more than | 18282 |
| seventy-five schools that were open for operation as of May 1, | 18283 |
| 2005, may sponsor not more than the number of schools the entity | 18284 |
| sponsored that were open for operation as of May 1, 2005. After | 18285 |
| June 30, 2006, such an entity may sponsor not more than | 18286 |
| seventy-five schools. | 18287 |
| Upon approval of an entity to be a sponsor under this | 18288 |
| division, the department shall notify the entity of the number of | 18289 |
| schools the entity may sponsor. | 18290 |
| The limit imposed on an entity to which division (B)(1) of | 18291 |
| this section applies shall be decreased by one for each school | 18292 |
| sponsored by the entity that permanently closes. | 18293 |
| If at any time an entity exceeds the number of schools it may | 18294 |
| sponsor under this division, the department shall assist the | 18295 |
| schools in excess of the entity's limit in securing new sponsors. | 18296 |
| If a school is unable to secure a new sponsor, the department | 18297 |
| shall assume sponsorship of the school in accordance with division | 18298 |
| (C) of this section. Those schools for which another sponsor or | 18299 |
| the department assumes sponsorship shall be the schools that most | 18300 |
| recently entered into contracts with the entity under section | 18301 |
| 3314.03 of the Revised Code. | 18302 |
| (2) The department of education shall determine, pursuant to | 18303 |
| criteria adopted by rule of the department, whether the mission | 18304 |
| proposed to be specified in the contract of a community school to | 18305 |
| be sponsored by a state university board of trustees or the | 18306 |
| board's designee under division (C)(1)(e) of section 3314.02 of | 18307 |
| the Revised Code complies with the requirements of that division. | 18308 |
| Such determination of the department is final. | 18309 |
| (3) The department of education shall determine, pursuant to | 18310 |
| criteria adopted by rule of the department, if any tax-exempt | 18311 |
| entity under section 501(c)(3) of the Internal Revenue Code that | 18312 |
| is proposed to be a sponsor of a community school is an | 18313 |
| education-oriented entity for purpose of satisfying the condition | 18314 |
| prescribed in division (C)(1)(f)(iii) of section 3314.02 of the | 18315 |
| Revised Code. Such determination of the department is final. | 18316 |
| (C) If at any time the state board of education finds that a | 18317 |
| sponsor is not in compliance or is no longer willing to comply | 18318 |
| with its contract with any community school or with the | 18319 |
| department's rules for sponsorship, the state board or designee | 18320 |
| shall conduct a hearing in accordance with Chapter 119. of the | 18321 |
| Revised Code on that matter. If after the hearing, the state board | 18322 |
| or designee has confirmed the original finding, the department of | 18323 |
| education may revoke the sponsor's approval to sponsor community | 18324 |
| schools and may assume the sponsorship of any schools with which | 18325 |
| the sponsor has contracted until the earlier of the expiration of | 18326 |
| two school years or until a new sponsor as described in division | 18327 |
| (C)(1) of section 3314.02 of the Revised Code is secured by the | 18328 |
| school's governing authority. The department may extend the term | 18329 |
| of the contract in the case of a school for which it has assumed | 18330 |
| sponsorship under this division as necessary to accommodate the | 18331 |
| term of the department's authorization to sponsor the school | 18332 |
| specified in this division. | 18333 |
| (D) The decision of the department to disapprove an entity | 18334 |
| for sponsorship of a community school or to revoke approval for | 18335 |
| such sponsorship, as provided in division (C) of this section, may | 18336 |
| be appealed by the entity in accordance with section 119.12 of the | 18337 |
| Revised Code. | 18338 |
| (E) The department shall adopt procedures for use by a | 18339 |
| community school governing authority and sponsor when the school | 18340 |
| permanently closes and ceases operation, which shall include at | 18341 |
| least procedures for data reporting to the department, handling of | 18342 |
| student records, distribution of assets in accordance with section | 18343 |
| 3314.074 of the Revised Code, and other matters related to ceasing | 18344 |
| operation of the school. | 18345 |
| (F) In carrying out its duties under this chapter, the | 18346 |
| department shall not impose requirements on community schools or | 18347 |
| their sponsors that are not permitted by law or duly adopted | 18348 |
| rules. | 18349 |
| Sec. 3314.016. (A) After June 30, 2007, a new start-up | 18350 |
| school may be established under this chapter only if the school's | 18351 |
| governing authority enters into a contract with an operator that | 18352 |
| manages other schools in the United States that perform at a level | 18353 |
| higher than academic watch. The governing authority of the | 18354 |
| community school may sign a contract with an operator only if the | 18355 |
| operator has fewer contracts with the governing authorities of new | 18356 |
| start-up schools established under this chapter after June 30, | 18357 |
| 2007, than the number of schools managed by the operator in the | 18358 |
| United States that perform at a level higher than academic watch, | 18359 |
| as determined by the department of education. | 18360 |
| (B) Notwithstanding division (A) of this section, the | 18361 |
| governing authority of a start-up school sponsored by an entity | 18362 |
| described in divisions (C)(1)(b) to (f) of section 3314.02 of the | 18363 |
| Revised Code may establish one additional school serving the same | 18364 |
| grade levels and providing the same educational program as the | 18365 |
| current start-up school and may open that additional school in the | 18366 |
| 2007-2008 school year, if both of the following conditions are | 18367 |
| met: | 18368 |
| (1) The governing authority entered into another contract | 18369 |
| with the same sponsor or a different sponsor described in | 18370 |
| divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code | 18371 |
| and filed a copy of that contract with the superintendent of | 18372 |
| public instruction prior to March 15, 2006. | 18373 |
| (2) The governing authority's current school satisfies all of | 18374 |
| the following conditions: | 18375 |
| (a) The school currently is rated as excellent or effective | 18376 |
| pursuant to section 3302.03 of the Revised Code. | 18377 |
| (b) The school made adequate yearly progress, as defined in | 18378 |
| section 3302.01 of the Revised Code, for the previous school year. | 18379 |
| (c) The school has been in operation for at least four school | 18380 |
| years. | 18381 |
| (d) The school is not managed by an operator. | 18382 |
| Sec. 3314.02. (A) As used in this chapter: | 18383 |
| (1) "Sponsor" means an entity listed in division (C)(1) of | 18384 |
| this section, which has been approved by the department of | 18385 |
| education to sponsor community schools and with which the | 18386 |
| governing authority of the proposed community school enters into a | 18387 |
| contract pursuant to this section. | 18388 |
| (2) "Pilot project area" means the school districts included | 18389 |
| in the territory of the former community school pilot project | 18390 |
| established by former Section 50.52 of Am. Sub. H.B. No. 215 of | 18391 |
| the 122nd general assembly. | 18392 |
| (3) "Challenged school district" means any of the following: | 18393 |
| (a) A school district that is part of the pilot project area; | 18394 |
| (b) A school district that is either in a state of academic | 18395 |
| emergency or in a state of academic watch under section 3302.03 of | 18396 |
| the Revised Code; | 18397 |
| (c) A big eight school district. | 18398 |
| (4) "Big eight school district" means a school district that | 18399 |
| for fiscal year 1997 had both of the following: | 18400 |
| (a) A percentage of children residing in the district and | 18401 |
| participating in the predecessor of Ohio works first greater than | 18402 |
| thirty per cent, as reported pursuant to section 3317.10 of the | 18403 |
| Revised Code; | 18404 |
| (b) An average daily membership greater than twelve thousand, | 18405 |
| as reported pursuant to former division (A) of section 3317.03 of | 18406 |
| the Revised Code. | 18407 |
| (5) "New start-up school" means a community school other than | 18408 |
| one created by converting all or part of an existing public | 18409 |
| school, as designated in the school's contract pursuant to | 18410 |
| division (A)(17) of section 3314.03 of the Revised Code. | 18411 |
| (6) "Urban school district" means one of the state's | 18412 |
| twenty-one urban school districts as defined in division (O) of | 18413 |
| section 3317.02 of the Revised Code as that section existed prior | 18414 |
| to July 1, 1998. | 18415 |
| (7) "Internet- or computer-based community school" means a | 18416 |
| community school established under this chapter in which the | 18417 |
| enrolled students work primarily from their residences on | 18418 |
| assignments in nonclassroom-based learning opportunities provided | 18419 |
| via an internet- or other computer-based instructional method that | 18420 |
| does not rely on regular classroom instruction or via | 18421 |
| comprehensive instructional methods that include internet-based, | 18422 |
| other computer-based, and noncomputer-based learning | 18423 |
| opportunities. | 18424 |
| (B) Any person or group of individuals may initially propose | 18425 |
| under this division the conversion of all or a portion of a public | 18426 |
| school to a community school. The proposal shall be made to the | 18427 |
| board of education of the city, local, or exempted village school | 18428 |
| district in which the public school is proposed to be converted. | 18429 |
| Upon receipt of a proposal, a board may enter into a preliminary | 18430 |
| agreement with the person or group proposing the conversion of the | 18431 |
| public school, indicating the intention of the board of education | 18432 |
| to support the conversion to a community school. A proposing | 18433 |
| person or group that has a preliminary agreement under this | 18434 |
| division may proceed to finalize plans for the school, establish a | 18435 |
| governing authority for the school, and negotiate a contract with | 18436 |
| the board of education. Provided the proposing person or group | 18437 |
| adheres to the preliminary agreement and all provisions of this | 18438 |
| chapter, the board of education shall negotiate in good faith to | 18439 |
| enter into a contract in accordance with section 3314.03 of the | 18440 |
| Revised Code and division (C) of this section. | 18441 |
| (C)(1) Any person or group of individuals may propose under | 18442 |
| this division the establishment of a new start-up school to be | 18443 |
| located in a challenged school district. The proposal may be made | 18444 |
| to any of the following entities: | 18445 |
| (a) The board of education of the district in which the | 18446 |
| school is proposed to be located; | 18447 |
| (b) The board of education of any joint vocational school | 18448 |
| district with territory in the county in which is located the | 18449 |
| majority of the territory of the district in which the school is | 18450 |
| proposed to be located; | 18451 |
| (c) The board of education of any other city, local, or | 18452 |
| exempted village school district having territory in the same | 18453 |
| county where the district in which the school is proposed to be | 18454 |
| located has the major portion of its territory; | 18455 |
| (d) The governing board of any educational service center, as | 18456 |
| long as the proposed school will be located in a county within the | 18457 |
| territory of the service center or in a county contiguous to such | 18458 |
| county; | 18459 |
| (e) A sponsoring authority designated by the board of | 18460 |
| trustees of any of the thirteen state universities listed in | 18461 |
| section 3345.011 of the Revised Code or the board of trustees | 18462 |
| itself as long as a mission of the proposed school to be specified | 18463 |
| in the contract under division (A)(2) of section 3314.03 of the | 18464 |
| Revised Code and as approved by the department of education under | 18465 |
| division (B)(2) of section 3314.015 of the Revised Code will be | 18466 |
| the practical demonstration of teaching methods, educational | 18467 |
| technology, or other teaching practices that are included in the | 18468 |
| curriculum of the university's teacher preparation program | 18469 |
| approved by the state board of education; | 18470 |
| (f) Any qualified tax-exempt entity under section 501(c)(3) | 18471 |
| of the Internal Revenue Code as long as all of the following | 18472 |
| conditions are satisfied: | 18473 |
| (i) The entity has been in operation for at least five years | 18474 |
| prior to applying to be a community school sponsor. | 18475 |
| (ii) The entity has assets of at least five hundred thousand | 18476 |
| dollars and a demonstrated record of financial responsibility. | 18477 |
| (iii) The department of education has determined that the | 18478 |
| entity is an education-oriented entity under division (B)(3) of | 18479 |
| section 3314.015 of the Revised Code and the entity has a | 18480 |
| demonstrated record of successful implementation of educational | 18481 |
| programs. | 18482 |
| (iv) The entity is not a community school. | 18483 |
| Any entity described in division (C)(1) of this section may | 18484 |
| enter into a preliminary agreement pursuant to division (C)(2) of | 18485 |
| this section with the proposing person or group. | 18486 |
| (2) A preliminary agreement indicates the intention of an | 18487 |
| entity described in division (C)(1) of this section to sponsor the | 18488 |
| community school. A proposing person or group that has such a | 18489 |
| preliminary agreement may proceed to finalize plans for the | 18490 |
| school, establish a governing authority as described in division | 18491 |
| (E) of this section for the school, and negotiate a contract with | 18492 |
| the entity. Provided the proposing person or group adheres to the | 18493 |
| preliminary agreement and all provisions of this chapter, the | 18494 |
| entity shall negotiate in good faith to enter into a contract in | 18495 |
| accordance with section 3314.03 of the Revised Code. | 18496 |
| (3) A new start-up school that is established in a school | 18497 |
| district while that district is either in a state of academic | 18498 |
| emergency or in a state of academic watch under section 3302.03 of | 18499 |
| the Revised Code may continue in existence once the school | 18500 |
| district is no longer in a state of academic emergency or academic | 18501 |
| watch, provided there is a valid contract between the school and a | 18502 |
| sponsor. | 18503 |
| (4) A copy of every preliminary agreement entered into under | 18504 |
| this division shall be filed with the superintendent of public | 18505 |
| instruction. | 18506 |
| (D) A majority vote of the board of a sponsoring entity and a | 18507 |
| majority vote of the members of the governing authority of a | 18508 |
| community school shall be required to adopt a contract and convert | 18509 |
| the public school to a community school or establish the new | 18510 |
| start-up school. Beginning September 29, 2005, adoption of the | 18511 |
| contract shall occur not later than the fifteenth day of March, | 18512 |
| and signing of the contract shall occur not later than the | 18513 |
| fifteenth day of May, prior to the school year in which the school | 18514 |
| will open. The governing authority shall notify the department of | 18515 |
| education when the contract has been signed. Subject to sections | 18516 |
| 3314.013 | 18517 |
| unlimited number of community schools may be established in any | 18518 |
| school district provided that a contract is entered into for each | 18519 |
| community school pursuant to this chapter. | 18520 |
| (E)(1) As used in this division, "immediate relatives" are | 18521 |
| limited to spouses, children, parents, grandparents, siblings, and | 18522 |
| in-laws. | 18523 |
| Each new start-up community school established under this | 18524 |
| chapter shall be under the direction of a governing authority | 18525 |
| which shall consist of a board of not less than five individuals . | 18526 |
| No person shall serve on the governing authority or operate | 18527 |
| the community school under contract with the governing authority | 18528 |
| so long as the person owes the state any money or is in a dispute | 18529 |
| over whether the person owes the state any money concerning the | 18530 |
| operation of a community school that has closed. | 18531 |
| (2) No person shall serve on the governing authorities of | 18532 |
| more than two start-up community schools at the same time. | 18533 |
| (3) No present or former member, or immediate relative of a | 18534 |
| present or former member, of the governing authority of any | 18535 |
| community school established under this chapter shall be an owner, | 18536 |
| employee, or consultant of any nonprofit or for-profit operator of | 18537 |
| a community school, | 18538 |
| 18539 | |
| the person's membership. | 18540 |
| (F) Nothing in this chapter shall be construed to permit the | 18541 |
| establishment of a community school in more than one school | 18542 |
| district under the same contract. | 18543 |
| (G)(1) A new start-up school that is established prior to | 18544 |
| August 15, 2003, in an urban school district that is not also a | 18545 |
| big-eight school district may continue to operate after that date | 18546 |
| and the contract between the school's governing authority and the | 18547 |
| school's sponsor may be renewed, as provided under this chapter, | 18548 |
| after that date, but no additional new start-up schools may be | 18549 |
| established in such a district unless the district is a challenged | 18550 |
| school district as defined in this section as it exists on and | 18551 |
| after that date. | 18552 |
| (2) A community school that was established prior to June 29, | 18553 |
| 1999, and is located in a county contiguous to the pilot project | 18554 |
| area and in a school district that is not a challenged school | 18555 |
| district may continue to operate after that date, provided the | 18556 |
| school complies with all provisions of this chapter. The contract | 18557 |
| between the school's governing authority and the school's sponsor | 18558 |
| may be renewed, but no additional start-up community school may be | 18559 |
| established in that district unless the district is a challenged | 18560 |
| school district. | 18561 |
| (3) Any educational service center that, on the effective | 18562 |
| date of this amendment, sponsors a community school that is not | 18563 |
| located in a county within the territory of the service center or | 18564 |
| in a county contiguous to such county may continue to sponsor that | 18565 |
| community school on and after the effective date of this amendment | 18566 |
| and may renew its contract with the school. However, the | 18567 |
| educational service center shall not enter into a contract with | 18568 |
| any additional community school unless the school is located in a | 18569 |
| county within the territory of the service center or in a county | 18570 |
| contiguous to such county. | 18571 |
| Sec. 3314.074. Divisions (A) and (B) of this section apply | 18572 |
| only to the extent permitted under Chapter 1702. of the Revised | 18573 |
| Code. | 18574 |
| (A) If any community school established under this chapter | 18575 |
| permanently closes and ceases its operation as a community school, | 18576 |
| the assets of that school shall be distributed first to the | 18577 |
| retirement funds of employees of the school, employees of the | 18578 |
| school, and private creditors who are owed compensation, and then | 18579 |
|
any remaining funds shall be paid to the
| 18580 |
| 18581 | |
| redistribution to the school districts in which the students who | 18582 |
| were enrolled in the school at the time it ceased operation were | 18583 |
| entitled to attend school under section 3313.64 or 3313.65 of the | 18584 |
| Revised Code. The amount distributed to each school district shall | 18585 |
| be proportional to the district's share of the total enrollment in | 18586 |
| the community school. | 18587 |
| (B) If a community school closes and ceases to operate as a | 18588 |
| community school and the school has received computer hardware or | 18589 |
| software from the former Ohio SchoolNet commission or the eTech | 18590 |
| Ohio commission, such hardware or software shall be returned to | 18591 |
| the eTech Ohio commission, and the eTech Ohio commission shall | 18592 |
| redistribute the hardware and software, to the extent such | 18593 |
| redistribution is possible, to school districts in conformance | 18594 |
| with the provisions of the programs operated and administered by | 18595 |
| the eTech Ohio commission. | 18596 |
| (C) If the assets of the school are insufficient to pay all | 18597 |
| persons or entities to whom compensation is owed, the | 18598 |
| prioritization of the distribution of the assets to individual | 18599 |
| persons or entities within each class of payees may be determined | 18600 |
| by decree of a court in accordance with this section and Chapter | 18601 |
| 1702. of the Revised Code. | 18602 |
| Sec. 3314.08. (A) As used in this section: | 18603 |
| (1) "Base formula amount" means the amount specified as such | 18604 |
| in a community school's financial plan for a school year pursuant | 18605 |
| to division (A)(15) of section 3314.03 of the Revised Code. | 18606 |
| (2)
| 18607 |
| 18608 |
| | 18609 |
| defined in section 3323.01 of the Revised Code. | 18610 |
| | 18611 |
| multiple specified in section 3317.013 of the Revised Code for a | 18612 |
| handicap described in that section. | 18613 |
| | 18614 |
| (a) For a student enrolled in vocational education programs | 18615 |
| or classes described in division (A) of section 3317.014 of the | 18616 |
| Revised Code, the multiple specified in that division; | 18617 |
| (b) For a student enrolled in vocational education programs | 18618 |
| or classes described in division (B) of section 3317.014 of the | 18619 |
| Revised Code, the multiple specified in that division. | 18620 |
| | 18621 |
| school in a district under section 3313.64 or 3313.65 of the | 18622 |
| Revised Code. | 18623 |
| | 18624 |
| poverty student count" of a school district if the student is | 18625 |
| entitled to attend school in the district and the student's family | 18626 |
| receives assistance under the Ohio works first program. | 18627 |
| | 18628 |
| percentage figure, if any, for reducing the per pupil amount of | 18629 |
| poverty-based assistance a community school is entitled to receive | 18630 |
| pursuant to
divisions (D)(5) | 18631 |
| year, as specified in the school's financial plan for the year | 18632 |
| pursuant to division (A)(15) of section 3314.03 of the Revised | 18633 |
| Code. | 18634 |
| | 18635 |
| section 3317.029 of the Revised Code. | 18636 |
| | 18637 |
| 18638 | |
| 18639 | |
| 18640 | |
| 18641 | |
| 18642 | |
| 18643 | |
| 18644 | |
| education aid" has the same meaning as in section 5751.20 of the | 18645 |
| Revised Code. | 18646 |
| (B) The state board of education shall adopt rules requiring | 18647 |
| both of the following: | 18648 |
| (1) The board of education of each city, exempted village, | 18649 |
| and local school district to annually report the number of | 18650 |
| students entitled to attend school in the district who are | 18651 |
| enrolled in grades one through twelve in a community school | 18652 |
| established under this chapter, the number of students entitled to | 18653 |
| attend school in the district who are enrolled in kindergarten in | 18654 |
| a community school, the number of those kindergartners who are | 18655 |
| enrolled in all-day kindergarten in their community school, and | 18656 |
| for each child, the community school in which the child is | 18657 |
| enrolled. | 18658 |
| (2) The governing authority of each community school | 18659 |
| established under this chapter to annually report all of the | 18660 |
| following: | 18661 |
| (a) The number of students enrolled in grades one through | 18662 |
| twelve and the number of students enrolled in kindergarten in the | 18663 |
| school who are not receiving special education and related | 18664 |
| services pursuant to an IEP; | 18665 |
| (b) The number of enrolled students in grades one through | 18666 |
| twelve and the number of enrolled students in kindergarten, who | 18667 |
| are receiving special education and related services pursuant to | 18668 |
| an IEP; | 18669 |
| (c) The number of students reported under division (B)(2)(b) | 18670 |
| of this section receiving special education and related services | 18671 |
| pursuant to an IEP for a handicap described in each of divisions | 18672 |
| (A) to (F) of section 3317.013 of the Revised Code; | 18673 |
| (d) The full-time equivalent number of students reported | 18674 |
| under divisions (B)(2)(a) and (b) of this section who are enrolled | 18675 |
| in vocational education programs or classes described in each of | 18676 |
| divisions (A) and (B) of section 3317.014 of the Revised Code that | 18677 |
| are provided by the community school; | 18678 |
| (e) Twenty per cent of the number of students reported under | 18679 |
| divisions (B)(2)(a) and (b) of this section who are not reported | 18680 |
| under division (B)(2)(d) of this section but who are enrolled in | 18681 |
| vocational education programs or classes described in each of | 18682 |
| divisions (A) and (B) of section 3317.014 of the Revised Code at a | 18683 |
| joint vocational school district under a contract between the | 18684 |
| community school and the joint vocational school district and are | 18685 |
| entitled to attend school in a city, local, or exempted village | 18686 |
| school district whose territory is part of the territory of the | 18687 |
| joint vocational district; | 18688 |
| (f) The number of enrolled preschool handicapped students | 18689 |
| receiving special education services in a state-funded unit; | 18690 |
| (g) The community school's base formula amount; | 18691 |
| (h) For each student, the city, exempted village, or local | 18692 |
| school district in which the student is entitled to attend school; | 18693 |
| (i) Any poverty-based assistance reduction factor that | 18694 |
| applies to a school year. | 18695 |
| (C) From the | 18696 |
| calculated for a city, exempted village, or local school district | 18697 |
| and, if necessary, from the payment made to the district under | 18698 |
| sections 321.24 and 323.156 of the Revised Code, the department of | 18699 |
| education shall annually subtract the sum of the amounts described | 18700 |
| in divisions (C)(1) to (9) of this section. However, when | 18701 |
| deducting payments on behalf of students enrolled in internet- or | 18702 |
| computer-based community schools, the department shall deduct only | 18703 |
| those amounts described in divisions (C)(1) and (2) of this | 18704 |
| section. Furthermore, the aggregate amount deducted under this | 18705 |
| division shall not exceed the sum of the district's | 18706 |
| state education aid and its payment under sections 321.24 and | 18707 |
| 323.156 of the Revised Code. | 18708 |
| (1) An amount equal to the sum of the amounts obtained when, | 18709 |
| for each community school where the district's students are | 18710 |
| enrolled, the number of the district's students reported under | 18711 |
| divisions (B)(2)(a), (b), and (e) of this section who are enrolled | 18712 |
| in grades one through twelve, and one-half the number of students | 18713 |
| reported under those divisions who are enrolled in kindergarten, | 18714 |
|
in that community school
is multiplied by
the | 18715 |
| 18716 |
| | 18717 |
| 18718 | |
| 18719 |
| | 18720 |
| community school | 18721 |
| 18722 | |
| base funding supplements specified in divisions (C)(1) to (4) of | 18723 |
| section 3317.012 of the Revised Code. | 18724 |
| (2) The sum of the amounts calculated under divisions | 18725 |
| (C)(2)(a) and (b) of this section: | 18726 |
| (a) For each of the district's students reported under | 18727 |
| division (B)(2)(c) of this section as enrolled in a community | 18728 |
| school in grades one through twelve and receiving special | 18729 |
| education and related services pursuant to an IEP for a handicap | 18730 |
| described in section 3317.013 of the Revised Code, the product of | 18731 |
| the applicable special education weight times the community | 18732 |
| school's base formula amount; | 18733 |
| (b) For each of the district's students reported under | 18734 |
| division (B)(2)(c) of this section as enrolled in kindergarten in | 18735 |
| a community school and receiving special education and related | 18736 |
| services pursuant to an IEP for a handicap described in section | 18737 |
| 3317.013 of the Revised Code, one-half of the amount calculated as | 18738 |
| prescribed in division (C)(2)(a) of this section. | 18739 |
| (3) For each of the district's students reported under | 18740 |
| division (B)(2)(d) of this section for whom payment is made under | 18741 |
| division (D)(4) of this section, the amount of that payment; | 18742 |
| (4) An amount equal to the sum of the amounts obtained when, | 18743 |
| for each community school where the district's students are | 18744 |
| enrolled, the number of the district's students enrolled in that | 18745 |
| community school who are included in the district's poverty | 18746 |
| student count is multiplied by the per pupil amount of | 18747 |
| poverty-based assistance the school district receives that year | 18748 |
| pursuant
to
division | 18749 |
| Code, as adjusted by any poverty-based assistance reduction factor | 18750 |
| of that
community
school.
| 18751 |
| 18752 | |
| 18753 | |
| 18754 | |
| 18755 | |
| 18756 | |
| 18757 | |
| for the district shall be calculated by the department. | 18758 |
| (5) An amount equal to the sum of the amounts obtained when, | 18759 |
| for each community school where the district's students are | 18760 |
| enrolled, the district's per pupil amount of aid received under | 18761 |
| division (E) of section 3317.029 of the Revised Code, as adjusted | 18762 |
| by any poverty-based assistance reduction factor of the community | 18763 |
| school, is multiplied by the sum of the following: | 18764 |
| (a) The number of the district's students reported under | 18765 |
| division (B)(2)(a) of this section who are enrolled in grades one | 18766 |
| to three in that community school and who are not receiving | 18767 |
| special education and related services pursuant to an IEP; | 18768 |
| (b) One-half of the district's students who are enrolled in | 18769 |
| all-day or any other kindergarten class in that community school | 18770 |
| and who are not receiving special education and related services | 18771 |
| pursuant to an IEP; | 18772 |
| (c) One-half of the district's students who are enrolled in | 18773 |
| all-day kindergarten in that community school and who are not | 18774 |
| receiving special education and related services pursuant to an | 18775 |
| IEP. | 18776 |
| The district's per pupil amount of aid under division (E) of | 18777 |
| section 3317.029 of the Revised Code is the quotient of the amount | 18778 |
| the district received under that division divided by the | 18779 |
| district's kindergarten through third grade ADM, as defined in | 18780 |
| that section. | 18781 |
| (6) An amount equal to the sum of the amounts obtained when, | 18782 |
| for each community school where the district's students are | 18783 |
| enrolled, the district's per pupil amount received under division | 18784 |
| (F) of section 3317.029 of the Revised Code, as adjusted by any | 18785 |
| poverty-based assistance reduction factor of that community | 18786 |
| school, is multiplied by the number of the district's students | 18787 |
| enrolled in the community school who are identified as | 18788 |
| limited-English proficient. | 18789 |
| (7) An amount equal to the sum of the amounts obtained when, | 18790 |
| for each community school where the district's students are | 18791 |
| enrolled, the district's per pupil amount received under division | 18792 |
| (G) of section 3317.029 of the Revised Code, as adjusted by any | 18793 |
| poverty-based assistance reduction factor of that community | 18794 |
| school, is multiplied by the sum of the following: | 18795 |
| (a) The number of the district's students enrolled in grades | 18796 |
| one through twelve in that community school; | 18797 |
| (b) One-half of the number of the district's students | 18798 |
| enrolled in kindergarten in that community school. | 18799 |
| The district's per pupil amount under division (G) of section | 18800 |
| 3317.029 of the Revised Code is the district's amount per teacher | 18801 |
| calculated under division (G)(1) or (2) of that section divided by | 18802 |
| 17 | 18803 |
| 18804 |
| (8) An amount equal to the sum of the amounts obtained when, | 18805 |
| for each community school where the district's students are | 18806 |
| enrolled, the district's per pupil amount received under divisions | 18807 |
| (H) and (I) of section 3317.029 of the Revised Code, as adjusted | 18808 |
| by any poverty-based assistance reduction factor of that community | 18809 |
| school, is multiplied by the sum of the following: | 18810 |
| (a) The number of the district's students enrolled in grades | 18811 |
| one through twelve in that community school; | 18812 |
| (b) One-half of the number of the district's students | 18813 |
| enrolled in kindergarten in that community school. | 18814 |
| The district's per pupil amount under divisions (H) and (I) | 18815 |
| of section 3317.029 of the Revised Code is the amount calculated | 18816 |
| under each division divided by the district's formula ADM, as | 18817 |
| defined in section 3317.02 of the Revised Code. | 18818 |
| (9) An amount equal to the per pupil state parity aid funding | 18819 |
| calculated for the school district under either division (C) or | 18820 |
| (D) of section 3317.0217 of the Revised Code multiplied by the sum | 18821 |
| of the number of students in grades one through twelve, and | 18822 |
| one-half of the number of students in kindergarten, who are | 18823 |
| entitled to attend school in the district and are enrolled in a | 18824 |
| community school as reported under division (B)(1) of this | 18825 |
| section. | 18826 |
| (D) The department shall annually pay to a community school | 18827 |
| established under this chapter the sum of the amounts described in | 18828 |
| divisions (D)(1) to (10) of this section. However, the department | 18829 |
| shall calculate and pay to each internet- or computer-based | 18830 |
| community school only the amounts described in divisions (D)(1) to | 18831 |
| (3) of this section. Furthermore, the sum of the payments to all | 18832 |
| community schools under divisions (D)(1), (2), and (4) to (10) of | 18833 |
| this section for the students entitled to attend school in any | 18834 |
| particular school district shall not exceed the sum of that | 18835 |
| district's | 18836 |
| sections 321.24 and 323.156 of the Revised Code. If the sum of the | 18837 |
| payments calculated under those divisions for the students | 18838 |
| entitled to attend school in a particular school district exceeds | 18839 |
| the sum of that district's | 18840 |
| its payment under sections 321.24 and 323.156 of the Revised Code, | 18841 |
| the department shall calculate and apply a proration factor to the | 18842 |
| payments to all community schools under those divisions for the | 18843 |
| students entitled to attend school in that district. | 18844 |
| (1) Subject to section 3314.085 of the Revised Code, an | 18845 |
| amount equal to the sum of the amounts obtained when the number of | 18846 |
| students enrolled in grades one through twelve, plus one-half of | 18847 |
| the kindergarten students in the school, reported under divisions | 18848 |
| (B)(2)(a), (b), and (e) of this section who are not receiving | 18849 |
| special education and related services pursuant to an IEP for a | 18850 |
| handicap described in section 3317.013 of the Revised Code is | 18851 |
|
multiplied by the | 18852 |
| | 18853 |
| 18854 | |
| 18855 | |
| 18856 |
| | 18857 |
| amount | 18858 |
| 18859 | |
| plus the per pupil amount of the base funding supplements | 18860 |
| specified in divisions (C)(1) to (4) of section 3317.012 of the | 18861 |
| Revised Code. | 18862 |
| (2) Prior to fiscal year 2007, the greater of the amount | 18863 |
| calculated under division (D)(2)(a) or (b) of this section, and in | 18864 |
| fiscal year 2007 and thereafter, the amount calculated under | 18865 |
| division (D)(2)(b) of this section: | 18866 |
| (a) The aggregate amount that the department paid to the | 18867 |
| community school in fiscal year 1999 for students receiving | 18868 |
| special education and related services pursuant to IEPs, excluding | 18869 |
| federal funds and state disadvantaged pupil impact aid funds; | 18870 |
| (b) The sum of the amounts calculated under divisions | 18871 |
| (D)(2)(b)(i) and (ii) of this section: | 18872 |
| (i) For each student reported under division (B)(2)(c) of | 18873 |
| this section as enrolled in the school in grades one through | 18874 |
| twelve and receiving special education and related services | 18875 |
| pursuant to an IEP for a handicap described in section 3317.013 of | 18876 |
| the Revised Code, the following amount: | 18877 |
| 18878 |
| 18879 |
| 18880 |
| 18881 |
| 18882 |
| 18883 |
| 18884 |
| 18885 |
| 18886 |
| 18887 |
| 18888 |
| (ii) For each student reported under division (B)(2)(c) of | 18889 |
| this section as enrolled in kindergarten and receiving special | 18890 |
| education and related services pursuant to an IEP for a handicap | 18891 |
| described in section 3317.013 of the Revised Code, one-half of the | 18892 |
| amount calculated under the formula prescribed in division | 18893 |
| (D)(2)(b)(i) of this section. | 18894 |
| (3) An amount received from federal funds to provide special | 18895 |
| education and related services to students in the community | 18896 |
| school, as determined by the superintendent of public instruction. | 18897 |
| (4) For each student reported under division (B)(2)(d) of | 18898 |
| this section as enrolled in vocational education programs or | 18899 |
| classes that are described in section 3317.014 of the Revised | 18900 |
| Code, are provided by the community school, and are comparable as | 18901 |
| determined by the superintendent of public instruction to school | 18902 |
| district vocational education programs and classes eligible for | 18903 |
| state weighted funding under section 3317.014 of the Revised Code, | 18904 |
| an amount equal to the applicable vocational education weight | 18905 |
| times the community school's base formula amount times the | 18906 |
| percentage of time the student spends in the vocational education | 18907 |
| programs or classes. | 18908 |
| (5) An amount equal to the sum of the amounts obtained when, | 18909 |
| for each school district where the community school's students are | 18910 |
| entitled to attend school, the number of that district's students | 18911 |
| enrolled in the community school who are included in the | 18912 |
| district's poverty student count is multiplied by the per pupil | 18913 |
| amount of poverty-based assistance that school district receives | 18914 |
| that year pursuant to
division
| 18915 |
| the Revised Code, as adjusted by any poverty-based assistance | 18916 |
| reduction factor of the community school. The per pupil amount of | 18917 |
| aid shall be determined as described in division (C)(4) of this | 18918 |
| section. | 18919 |
| (6) An amount equal to the sum of the amounts obtained when, | 18920 |
| for each school district where the community school's students are | 18921 |
| entitled to attend school, the district's per pupil amount of aid | 18922 |
| received under division (E) of section 3317.029 of the Revised | 18923 |
| Code, as adjusted by any poverty-based assistance reduction | 18924 |
| factor of the community school, is multiplied by the sum of the | 18925 |
| following: | 18926 |
| (a) The number of the district's students reported under | 18927 |
| division (B)(2)(a) of this section who are enrolled in grades one | 18928 |
| to three in that community school and who are not receiving | 18929 |
| special education and related services pursuant to an IEP; | 18930 |
| (b) One-half of the district's students who are enrolled in | 18931 |
| all-day or any other kindergarten class in that community school | 18932 |
| and who are not receiving special education and related services | 18933 |
| pursuant to an IEP; | 18934 |
| (c) One-half of the district's students who are enrolled in | 18935 |
| all-day kindergarten in that community school and who are not | 18936 |
| receiving special education and related services pursuant to an | 18937 |
| IEP. | 18938 |
| The district's per pupil amount of aid under division (E) of | 18939 |
| section 3317.029 of the Revised Code shall be determined as | 18940 |
| described in division (C)(5) of this section. | 18941 |
| (7) An amount equal to the sum of the amounts obtained when, | 18942 |
| for each school district where the community school's students are | 18943 |
| entitled to attend school, the number of that district's students | 18944 |
| enrolled in the community school who are identified as | 18945 |
| limited-English proficient is multiplied by the district's per | 18946 |
| pupil amount received under division (F) of section 3317.029 of | 18947 |
| the Revised Code, as adjusted by any poverty-based assistance | 18948 |
| reduction factor of the community school. | 18949 |
| (8) An amount equal to the sum of the amounts obtained when, | 18950 |
| for each school district where the community school's students are | 18951 |
| entitled to attend school, the district's per pupil amount | 18952 |
| received under division (G) of section 3317.029 of the Revised | 18953 |
| Code, as adjusted by any poverty-based assistance reduction factor | 18954 |
| of the community school, is multiplied by the sum of the | 18955 |
| following: | 18956 |
| (a) The number of the district's students enrolled in grades | 18957 |
| one through twelve in that community school; | 18958 |
| (b) One-half of the number of the district's students | 18959 |
| enrolled in kindergarten in that community school. | 18960 |
| The district's per pupil amount under division (G) of section | 18961 |
| 3317.029 of the Revised Code shall be determined as described in | 18962 |
| division (C)(7) of this section. | 18963 |
| (9) An amount equal to the sum of the amounts obtained when, | 18964 |
| for each school district where the community school's students are | 18965 |
| entitled to attend school, the district's per pupil amount | 18966 |
| received under divisions (H) and (I) of section 3317.029 of the | 18967 |
| Revised Code, as adjusted by any poverty-based assistance | 18968 |
| reduction factor of the community school, is multiplied by the sum | 18969 |
| of the following: | 18970 |
| (a) The number of the district's students enrolled in grades | 18971 |
| one through twelve in that community school; | 18972 |
| (b) One-half of the number of the district's students | 18973 |
| enrolled in kindergarten in that community school. | 18974 |
| The district's per pupil amount under divisions (H) and (I) | 18975 |
| of section 3317.029 of the Revised Code shall be determined as | 18976 |
| described in division (C)(8) of this section. | 18977 |
| (10) An amount equal to the sum of the amounts obtained when, | 18978 |
| for each school district where the community school's students are | 18979 |
| entitled to attend school, the district's per pupil amount of | 18980 |
| state parity aid funding calculated under either division (C) or | 18981 |
| (D) of section 3317.0217 of the Revised Code is multiplied by the | 18982 |
| sum of the number of that district's students enrolled in grades | 18983 |
| one through twelve, and one-half of the number of that district's | 18984 |
| students enrolled in kindergarten, in the community school as | 18985 |
| reported under division (B)(2)(a) and (b) of this section. | 18986 |
| (E)(1) If a community school's costs for a fiscal year for a | 18987 |
| student receiving special education and related services pursuant | 18988 |
| to an IEP for a handicap described in divisions (B) to (F) of | 18989 |
| section 3317.013 of the Revised Code exceed the threshold | 18990 |
| catastrophic cost for serving the student as specified in division | 18991 |
| (C)(3)(b) of section 3317.022 of the Revised Code, the school may | 18992 |
| submit to the superintendent of public instruction documentation, | 18993 |
| as prescribed by the superintendent, of all its costs for that | 18994 |
| student. Upon submission of documentation for a student of the | 18995 |
| type and in the manner prescribed, the department shall pay to the | 18996 |
| community school an amount equal to the school's costs for the | 18997 |
| student in excess of the threshold catastrophic costs. | 18998 |
| (2) The community school shall only report under division | 18999 |
| (E)(1) of this section, and the department shall only pay for, the | 19000 |
| costs of educational expenses and the related services provided to | 19001 |
| the student in accordance with the student's individualized | 19002 |
| education program. Any legal fees, court costs, or other costs | 19003 |
| associated with any cause of action relating to the student may | 19004 |
| not be included in the amount. | 19005 |
| (F) A community school may apply to the department of | 19006 |
| education for preschool handicapped or gifted unit funding the | 19007 |
| school would receive if it were a school district. Upon request of | 19008 |
| its governing authority, a community school that received unit | 19009 |
| funding as a school district-operated school before it became a | 19010 |
| community school shall retain any units awarded to it as a school | 19011 |
| district-operated school provided the school continues to meet | 19012 |
| eligibility standards for the unit. | 19013 |
| A community school shall be considered a school district and | 19014 |
| its governing authority shall be considered a board of education | 19015 |
| for the purpose of applying to any state or federal agency for | 19016 |
| grants that a school district may receive under federal or state | 19017 |
| law or any appropriations act of the general assembly. The | 19018 |
| governing authority of a community school may apply to any private | 19019 |
| entity for additional funds. | 19020 |
| (G) A board of education sponsoring a community school may | 19021 |
| utilize local funds to make enhancement grants to the school or | 19022 |
| may agree, either as part of the contract or separately, to | 19023 |
| provide any specific services to the community school at no cost | 19024 |
| to the school. | 19025 |
| (H) A community school may not levy taxes or issue bonds | 19026 |
| secured by tax revenues. | 19027 |
| (I) No community school shall charge tuition for the | 19028 |
| enrollment of any student. | 19029 |
| (J)(1)(a) A community school may borrow money to pay any | 19030 |
| necessary and actual expenses of the school in anticipation of the | 19031 |
| receipt of any portion of the payments to be received by the | 19032 |
| school pursuant to division (D) of this section. The school may | 19033 |
| issue notes to evidence such borrowing. The proceeds of the notes | 19034 |
| shall be used only for the purposes for which the anticipated | 19035 |
| receipts may be lawfully expended by the school. | 19036 |
| (b) A school may also borrow money for a term not to exceed | 19037 |
| fifteen years for the purpose of acquiring facilities. | 19038 |
| (2) Except for any amount guaranteed under section 3318.50 of | 19039 |
| the Revised Code, the state is not liable for debt incurred by the | 19040 |
| governing authority of a community school. | 19041 |
| (K) For purposes of determining the number of students for | 19042 |
| which divisions (D)(5) and (6) of this section applies in any | 19043 |
| school year, a community school may submit to the department of | 19044 |
| job and family services, no later than the first day of March, a | 19045 |
| list of the students enrolled in the school. For each student on | 19046 |
| the list, the community school shall indicate the student's name, | 19047 |
| address, and date of birth and the school district where the | 19048 |
| student is entitled to attend school. Upon receipt of a list under | 19049 |
| this division, the department of job and family services shall | 19050 |
| determine, for each school district where one or more students on | 19051 |
| the list is entitled to attend school, the number of students | 19052 |
| residing in that school district who were included in the | 19053 |
| department's report under section 3317.10 of the Revised Code. The | 19054 |
| department shall make this determination on the basis of | 19055 |
| information readily available to it. Upon making this | 19056 |
| determination and no later than ninety days after submission of | 19057 |
| the list by the community school, the department shall report to | 19058 |
| the state department of education the number of students on the | 19059 |
| list who reside in each school district who were included in the | 19060 |
| department's report under section 3317.10 of the Revised Code. In | 19061 |
| complying with this division, the department of job and family | 19062 |
| services shall not report to the state department of education any | 19063 |
| personally identifiable information on any student. | 19064 |
| (L) The department of education shall adjust the amounts | 19065 |
| subtracted and paid under divisions (C) and (D) of this section to | 19066 |
| reflect any enrollment of students in community schools for less | 19067 |
| than the equivalent of a full school year. The state board of | 19068 |
| education within ninety days after April 8, 2003, shall adopt in | 19069 |
| accordance with Chapter 119. of the Revised Code rules governing | 19070 |
| the payments to community schools under this section including | 19071 |
| initial payments in a school year and adjustments and reductions | 19072 |
| made in subsequent periodic payments to community schools and | 19073 |
| corresponding deductions from school district accounts as provided | 19074 |
| under divisions (C) and (D) of this section. For purposes of this | 19075 |
| section: | 19076 |
| (1) A student shall be considered enrolled in the community | 19077 |
| school for any portion of the school year the student is | 19078 |
| participating at a college under Chapter 3365. of the Revised | 19079 |
| Code. | 19080 |
| (2) A student shall be considered to be enrolled in a | 19081 |
| community school during a school year for the period of time | 19082 |
| beginning on the later of the date on which the school both has | 19083 |
| received documentation of the student's enrollment from a parent | 19084 |
| and the student has commenced participation in learning | 19085 |
| opportunities as defined in the contract with the sponsor, or | 19086 |
| thirty days prior to the date on which the student is entered into | 19087 |
| the education management information system established under | 19088 |
| section 3301.0714 of the Revised Code. For purposes of applying | 19089 |
| this division to a community school student, "learning | 19090 |
| opportunities" shall be defined in the contract, which shall | 19091 |
| describe both classroom-based and non-classroom-based learning | 19092 |
| opportunities and shall be in compliance with criteria and | 19093 |
| documentation requirements for student participation which shall | 19094 |
| be established by the department. Any student's instruction time | 19095 |
| in non-classroom-based learning opportunities shall be certified | 19096 |
| by an employee of the community school. A student's enrollment | 19097 |
| shall be considered to cease on the date on which any of the | 19098 |
| following occur: | 19099 |
| (a) The community school receives documentation from a parent | 19100 |
| terminating enrollment of the student. | 19101 |
| (b) The community school is provided documentation of a | 19102 |
| student's enrollment in another public or private school. | 19103 |
| (c) The community school ceases to offer learning | 19104 |
| opportunities to the student pursuant to the terms of the contract | 19105 |
| with the sponsor or the operation of any provision of this | 19106 |
| chapter. | 19107 |
| (3) A student's percentage of full-time equivalency shall be | 19108 |
| considered to be the percentage the hours of learning opportunity | 19109 |
| offered to that student is of nine hundred | 19110 |
| However, no internet- or computer-based community school shall be | 19111 |
| credited for any time a student spends participating in learning | 19112 |
| opportunities beyond ten hours within any period of twenty-four | 19113 |
| consecutive hours. | 19114 |
| (M) The department of education shall reduce the amounts paid | 19115 |
| under division (D) of this section to reflect payments made to | 19116 |
| colleges under division (B) of section 3365.07 of the Revised | 19117 |
| Code. | 19118 |
| (N)(1) No student shall be considered enrolled in any | 19119 |
| internet- or computer-based community school or, if applicable to | 19120 |
| the student, in any community school that is required to provide | 19121 |
| the student with a computer pursuant to division (C) of section | 19122 |
| 3314.22 of the Revised Code, unless both of the following | 19123 |
| conditions are satisfied: | 19124 |
| (a) The student possesses or has been provided with all | 19125 |
| required hardware and software materials and all such materials | 19126 |
| are operational so that the student is capable of fully | 19127 |
| participating in the learning opportunities specified in the | 19128 |
| contract between the school and the school's sponsor as required | 19129 |
| by division (A)(23) of section 3314.03 of the Revised Code; | 19130 |
| (b) The school is in compliance with division (A) of section | 19131 |
| 3314.22 of the Revised Code, relative to such student. | 19132 |
| (2) In accordance with policies adopted jointly by the | 19133 |
| superintendent of public instruction and the auditor of state, the | 19134 |
| department shall reduce the amounts otherwise payable under | 19135 |
| division (D) of this section to any community school that includes | 19136 |
| in its program the provision of computer hardware and software | 19137 |
| materials to any student, if such hardware and software materials | 19138 |
| have not been delivered, installed, and activated for each such | 19139 |
| student in a timely manner or other educational materials or | 19140 |
| services have not been provided according to the contract between | 19141 |
| the individual community school and its sponsor. | 19142 |
| The superintendent of public instruction and the auditor of | 19143 |
| state shall jointly establish a method for auditing any community | 19144 |
| school to which this division pertains to ensure compliance with | 19145 |
| this section. | 19146 |
| The superintendent, auditor of state, and the governor shall | 19147 |
| jointly make recommendations to the general assembly for | 19148 |
| legislative changes that may be required to assure fiscal and | 19149 |
| academic accountability for such schools. | 19150 |
| (O)(1) The department shall not withhold payments to a | 19151 |
| community school based on a challenge brought by a school district | 19152 |
| concerning the community school's enrollment and student residency | 19153 |
| reports submitted to the department without first providing the | 19154 |
| governing authority of the community school written notice stating | 19155 |
| the specific grounds for the challenge and requiring the school | 19156 |
| district to submit evidence supporting its claim that a particular | 19157 |
| student should not be included in the community school's | 19158 |
| enrollment or that payment for that student otherwise should be | 19159 |
| denied. The department also shall permit the governing authority | 19160 |
| to submit documentation the governing authority believes confirms | 19161 |
| or corrects its earlier reports that are subject to challenge. The | 19162 |
| school district bears the burden of proof. The department shall | 19163 |
| set a reasonable deadline for the school district and community | 19164 |
| school to submit documentation regarding the challenge. The | 19165 |
| department shall not withhold payments pending that deadline. The | 19166 |
| department immediately shall dismiss any challenge regarding a | 19167 |
| particular student if the department finds that the school | 19168 |
| district has not timely submitted evidence as required under this | 19169 |
| division or otherwise has not met its burden of proof or that the | 19170 |
| documentation submitted by the governing authority confirms or | 19171 |
| corrects its earlier reports regarding that student. | 19172 |
| (2) If the department finds that the school district has | 19173 |
| timely submitted evidence and has met its burden of proof and, | 19174 |
| accordingly, that the particular student for which the district | 19175 |
| brought the challenge should not be included in the community | 19176 |
| school's enrollment or that payment otherwise should be denied for | 19177 |
| that student, the department shall withhold payments to the | 19178 |
| community school for that student. | 19179 |
| If the governing authority of the community school | 19180 |
| subsequently submits documentation that the department finds | 19181 |
| confirms or corrects the earlier reports regarding that student, | 19182 |
| the department shall resume payments to the community school for | 19183 |
| that student and, if appropriate, shall include payment for the | 19184 |
| prior months that were withheld. | 19185 |
| (3) The department shall not withhold any other payments from | 19186 |
| a community school without first providing to the governing | 19187 |
| authority of the community school written notice stating the | 19188 |
| amount to be withheld, reasons for withholding, and offering an | 19189 |
| opportunity for a hearing in accordance with division (P)(2) of | 19190 |
| this section. | 19191 |
| (P)(1) If the department determines that a review of a | 19192 |
| community school's enrollment is necessary, such review shall be | 19193 |
| completed and written notice of the findings shall be provided to | 19194 |
| the governing authority of the community school and its sponsor | 19195 |
| within ninety days of the end of the community school's fiscal | 19196 |
| year, unless extended for a period not to exceed thirty additional | 19197 |
| days for one of the following reasons: | 19198 |
| (a) The department and the community school mutually agree to | 19199 |
| the extension. | 19200 |
| (b) Delays in data submission caused by either a community | 19201 |
| school or its sponsor. | 19202 |
| (2) If the review results in a finding that additional | 19203 |
| funding is owed to the school, such payment shall be made within | 19204 |
| thirty days of the written notice. If the review results in a | 19205 |
| finding that the community school owes moneys to the state, the | 19206 |
| following procedure shall apply: | 19207 |
| (a) Within ten business days of the receipt of the notice of | 19208 |
| findings, the community school may appeal the department's | 19209 |
| determination to the state board of education or its designee. | 19210 |
| (b) The board or its designee shall conduct an informal | 19211 |
| hearing on the matter within thirty days of receipt of such an | 19212 |
| appeal and shall issue a decision within fifteen days of the | 19213 |
| conclusion of the hearing. | 19214 |
| (c) If the board has enlisted a designee to conduct the | 19215 |
| hearing, the designee shall certify its decision to the board. The | 19216 |
| board may accept the decision of the designee or may reject the | 19217 |
| decision of the designee and issue its own decision on the matter. | 19218 |
| (d) Any decision made by the board under this division is | 19219 |
| final. | 19220 |
| (3) If it is decided that the community school owes moneys to | 19221 |
| the state, the department shall deduct such amount from the | 19222 |
| school's future payments in accordance with guidelines issued by | 19223 |
| the superintendent of public instruction. | 19224 |
| | 19225 |
| district's state aid account under division (C) of this section | 19226 |
| and shall not pay to a community school under division (D) of this | 19227 |
| section any amount for any of the following: | 19228 |
| (1) Any student who has graduated from the twelfth grade of a | 19229 |
| public or nonpublic high school; | 19230 |
| (2) Any student who is not a resident of the state; | 19231 |
| (3) Any student who was enrolled in the community school | 19232 |
| during the previous school year when tests were administered under | 19233 |
| section 3301.0711 of the Revised Code but did not take one or more | 19234 |
| of the tests required by that section and was not excused pursuant | 19235 |
| to division (C)(1) or (3) of that section, unless the | 19236 |
| superintendent of public instruction grants the student a waiver | 19237 |
| from the requirement to take the test and a parent is not paying | 19238 |
| tuition for the student pursuant to section 3314.26 of the Revised | 19239 |
| Code. The superintendent may grant a waiver only for good cause in | 19240 |
| accordance with rules adopted by the state board of education. | 19241 |
| (4) Any student who has attained the age of twenty-two years, | 19242 |
| except for veterans of the armed services whose attendance was | 19243 |
| interrupted before completing the recognized twelve-year course of | 19244 |
| the public schools by reason of induction or enlistment in the | 19245 |
| armed forces and who apply for enrollment in a community school | 19246 |
| not later than four years after termination of war or their | 19247 |
| honorable discharge. If, however, any such veteran elects to | 19248 |
| enroll in special courses organized for veterans for whom tuition | 19249 |
| is paid under federal law, or otherwise, the department shall not | 19250 |
| subtract from a school district's state aid account under division | 19251 |
| (C) of this section and shall not pay to a community school under | 19252 |
| division (D) of this section any amount for that veteran. | 19253 |
| Sec. 3314.086. If the department of education is required to | 19254 |
| pay an amount under section 3353.25 of the Revised Code to a | 19255 |
| school district delivering a course included in the clearinghouse | 19256 |
| established under section 3353.21 of the Revised Code for a | 19257 |
| student enrolled in a community school established under this | 19258 |
| chapter, the department shall deduct the amount of that payment | 19259 |
| from the amount calculated for payment to the community school | 19260 |
| under section 3314.08 of the Revised Code. | 19261 |
| Sec. 3314.087. (A) As used in this section: | 19262 |
| (1) "Career-technical program" means vocational programs or | 19263 |
| classes described in division (A) or (B) of section 3317.014 of | 19264 |
| the Revised Code in which a student is enrolled. | 19265 |
| (2) "Formula ADM," "category one or two vocational education | 19266 |
| ADM," and "FTE basis" have the same meanings as in section 3317.02 | 19267 |
| of the Revised Code. | 19268 |
| (3) "Resident school district" means the city, exempted | 19269 |
| village, or local school district in which a student is entitled | 19270 |
| to attend school under section 3313.64 or 3313.65 of the Revised | 19271 |
| Code. | 19272 |
| (B) Notwithstanding anything to the contrary in this chapter | 19273 |
| or Chapter 3317. of the Revised Code, a student enrolled in a | 19274 |
| community school may simultaneously enroll in the career-technical | 19275 |
| program operated by the student's resident school district. On an | 19276 |
| FTE basis, the student's resident school district shall count the | 19277 |
| student in the category one or two vocational education ADM for | 19278 |
| the proportion of the time the student is enrolled in the | 19279 |
| district's career-technical program and, accordingly, the | 19280 |
| department of education shall calculate funds under Chapter 3317. | 19281 |
| for the district attributable to the student for the proportion of | 19282 |
| time the student attends the career-technical program. The | 19283 |
| community school shall count the student in its enrollment report | 19284 |
| under section 3314.08 of the Revised Code and shall report to the | 19285 |
| department the proportion of time that the student attends classes | 19286 |
| at the community school. The department shall pay the community | 19287 |
| school and deduct from the student's resident school district the | 19288 |
| amount computed for the student under section 3314.08 of the | 19289 |
| Revised Code in proportion to the fraction of the time on an FTE | 19290 |
| basis that the student attends classes at the community school. | 19291 |
| "Full-time equivalency" for a community school student, as defined | 19292 |
| in division (L) of section 3314.08 of the Revised Code, does not | 19293 |
| apply to the student. | 19294 |
| Sec. 3314.19. The sponsor of each community school annually | 19295 |
| shall provide the following assurances in writing to the | 19296 |
| department of education not later than ten business days prior to | 19297 |
| the opening of the school: | 19298 |
| (A) That a current copy of the contract between the sponsor | 19299 |
| and the governing authority of the school entered into under | 19300 |
| section 3314.03 of the Revised Code has been filed with the state | 19301 |
| office of community schools established under section 3314.11 of | 19302 |
| the Revised Code and that any subsequent modifications to that | 19303 |
| contract will be filed with the office; | 19304 |
| (B) That the school has submitted to the sponsor a plan for | 19305 |
| providing special education and related services to students with | 19306 |
| disabilities and has demonstrated the capacity to provide those | 19307 |
| services in accordance with Chapter 3323. of the Revised Code and | 19308 |
| federal law; | 19309 |
| (C) That the school has a plan and procedures for | 19310 |
| administering the achievement tests and diagnostic assessments | 19311 |
| prescribed by sections 3301.0710 and 3301.0715 of the Revised | 19312 |
| Code; | 19313 |
| (D) That school personnel have the necessary training, | 19314 |
| knowledge, and resources to properly use and submit information to | 19315 |
| all databases maintained by the department for the collection of | 19316 |
| education data, including the education management information | 19317 |
| system established under section 3301.0714 of the Revised Code in | 19318 |
| accordance with methods and timelines established under section | 19319 |
| 3314.17 of the Revised Code; | 19320 |
| (E) That all required information about the school has been | 19321 |
| submitted to the Ohio education directory system or any successor | 19322 |
| system; | 19323 |
| (F) That the school will enroll at least the minimum number | 19324 |
| of students required by division (A)(11)(a) of section 3314.03 of | 19325 |
| the Revised Code in the school year for which the assurances are | 19326 |
| provided; | 19327 |
| (G) That all classroom teachers are licensed in accordance | 19328 |
| with sections 3319.22 to 3319.31 of the Revised Code, except for | 19329 |
| noncertificated persons engaged to teach up to twelve hours per | 19330 |
| week pursuant to section 3319.301 of the Revised Code; | 19331 |
| (H) That the school's fiscal officer is in compliance with | 19332 |
| section 3314.011 of the Revised Code; | 19333 |
| (I) That the school has complied with section 3319.39 of the | 19334 |
| Revised Code with respect to all employees who are responsible for | 19335 |
| the care, custody, or control of a child and that the school has | 19336 |
| conducted a criminal records check of each of its governing | 19337 |
| authority members; | 19338 |
| (J) That the school holds all of the following: | 19339 |
| (1) Proof of property ownership or a lease for the facilities | 19340 |
| used by the school; | 19341 |
| (2) A certificate of occupancy; | 19342 |
| (3) Liability insurance for the school, as required by | 19343 |
| division (A)(11)(b) of section 3314.03 of the Revised Code, that | 19344 |
| the sponsor considers sufficient to indemnify the school's | 19345 |
| facilities, staff, and governing authority against risk; | 19346 |
| (4) A satisfactory health and safety inspection; | 19347 |
| (5) A satisfactory fire inspection; | 19348 |
| (6) A valid food permit, if applicable. | 19349 |
| (K) That the sponsor has conducted a pre-opening site visit | 19350 |
| to the school for the school year for which the assurances are | 19351 |
| provided; | 19352 |
| (L) That the school has designated a date it will open for | 19353 |
| the school year for which the assurances are provided that is in | 19354 |
| compliance with division (A)(25) of section 3314.03 of the Revised | 19355 |
| Code; | 19356 |
| (M) That the school has met all of the sponsor's requirements | 19357 |
| for opening and any other requirements of the sponsor. | 19358 |
| Sec. 3314.26. (A) Each internet- or computer-based community | 19359 |
| school shall withdraw from the school any student who, for two | 19360 |
| consecutive school years, has failed to participate in the spring | 19361 |
| administration of any test prescribed under section 3301.0710 or | 19362 |
| 3301.0712 of the Revised Code for the student's grade level and | 19363 |
| was not excused from the test pursuant to division (C)(1) or (3) | 19364 |
| of section 3301.0711 of the Revised Code, regardless of whether a | 19365 |
| waiver was granted for the student under division | 19366 |
| section 3314.08 of the Revised Code. The school shall report any | 19367 |
| such student's data verification code, as assigned pursuant to | 19368 |
| section 3301.0714 of the Revised Code, to the department of | 19369 |
| education. The department shall maintain a list of all data | 19370 |
| verification codes reported under this division and section | 19371 |
| 3313.6410 of the Revised Code and provide that list to each | 19372 |
| internet- or computer-based community school and to each school to | 19373 |
| which section 3313.6410 of the Revised Code applies. | 19374 |
| (B) No internet- or computer-based community school shall | 19375 |
| receive any state funds under this chapter for any enrolled | 19376 |
| student whose data verification code appears on the list | 19377 |
| maintained by the department under division (A) of this section. | 19378 |
| Notwithstanding any provision of the Revised Code to the | 19379 |
| contrary, the parent of any such student shall pay tuition to the | 19380 |
| internet- or computer-based community school in an amount equal to | 19381 |
| the state funds the school otherwise would receive for that | 19382 |
| student, as determined by the department. An internet- or | 19383 |
| computer-based community school may withdraw any student for whom | 19384 |
| the parent does not pay tuition as required by this division. | 19385 |
| Sec. 3317.01. As used in this section and section 3317.011 | 19386 |
| of the Revised Code, "school district," unless otherwise | 19387 |
| specified, means any city, local, exempted village, joint | 19388 |
| vocational, or cooperative education school district and any | 19389 |
| educational service center. | 19390 |
| This chapter shall be administered by the state board of | 19391 |
| education. The superintendent of public instruction shall | 19392 |
| calculate the amounts payable to each school district and shall | 19393 |
| certify the amounts payable to each eligible district to the | 19394 |
| treasurer of the district as provided by this chapter. As soon as | 19395 |
| possible after such amounts are calculated, the superintendent | 19396 |
| shall certify to the treasurer of each school district the | 19397 |
| district's adjusted charge-off increase, as defined in section | 19398 |
| 5705.211 of the Revised Code. No moneys shall be distributed | 19399 |
| pursuant to this chapter without the approval of the controlling | 19400 |
| board. | 19401 |
| The state board of education shall, in accordance with | 19402 |
| appropriations made by the general assembly, meet the financial | 19403 |
| obligations of this chapter. | 19404 |
| Annually, the department of education shall calculate and | 19405 |
| report to each school district the district's total state and | 19406 |
| local funds for providing an adequate basic education to the | 19407 |
| district's nonhandicapped students, utilizing the determination in | 19408 |
| section 3317.012 of the Revised Code. In addition, the department | 19409 |
| shall calculate and report separately for each school district the | 19410 |
| district's total state and local funds for providing an adequate | 19411 |
| education for its handicapped students, utilizing the | 19412 |
| determinations in both sections 3317.012 and 3317.013 of the | 19413 |
| Revised Code. | 19414 |
| Not later than the thirty-first day of August of each fiscal | 19415 |
| year, the department of education shall provide to each school | 19416 |
| district and county MR/DD board a preliminary estimate of the | 19417 |
| amount of funding that the department calculates the district will | 19418 |
| receive under each of divisions (C)(1) and (4) of section 3317.022 | 19419 |
| of the Revised Code. No later than the first day of December of | 19420 |
| each fiscal year, the department shall update that preliminary | 19421 |
| estimate. | 19422 |
| Moneys distributed pursuant to this chapter shall be | 19423 |
| calculated and paid on a fiscal year basis, beginning with the | 19424 |
| first day of July and extending through the thirtieth day of June. | 19425 |
| The moneys appropriated for each fiscal year shall be distributed | 19426 |
| at least monthly to each school district unless otherwise provided | 19427 |
| for. The state board shall submit a yearly distribution plan to | 19428 |
| the controlling board at its first meeting in July. The state | 19429 |
| board shall submit any proposed midyear revision of the plan to | 19430 |
| the controlling board in January. Any year-end revision of the | 19431 |
| plan shall be submitted to the controlling board in June. If | 19432 |
| moneys appropriated for each fiscal year are distributed other | 19433 |
| than monthly, such distribution shall be on the same basis for | 19434 |
| each school district. | 19435 |
| The total amounts paid each month shall constitute, as nearly | 19436 |
| as possible, one-twelfth of the total amount payable for the | 19437 |
| entire year. | 19438 |
| | 19439 |
| first six months of the fiscal year may be based on an estimate of | 19440 |
| the amounts payable for the entire year. Payments made in the last | 19441 |
| six months shall be based on the final calculation of the amounts | 19442 |
| payable to each school district for that fiscal year. Payments | 19443 |
| made in the last six months may be adjusted, if necessary, to | 19444 |
| correct the amounts distributed in the first six months, and to | 19445 |
| reflect enrollment increases when such are at least three per | 19446 |
| cent. | 19447 |
| | 19448 |
| 19449 | |
| 19450 | |
| 19451 | |
| 19452 | |
| 19453 |
| 19454 |
| 19455 |
| 19456 |
| 19457 |
| Except as otherwise provided, payments under this chapter | 19458 |
| shall be made only to those school districts in which: | 19459 |
| (A) The school district, except for any educational service | 19460 |
| center and any joint vocational or cooperative education school | 19461 |
| district, levies for current operating expenses at least twenty | 19462 |
| mills. Levies for joint vocational or cooperative education | 19463 |
| school districts or county school financing districts, limited to | 19464 |
| or to the extent apportioned to current expenses, shall be | 19465 |
| included in this qualification requirement. School district income | 19466 |
| tax levies under Chapter 5748. of the Revised Code, limited to or | 19467 |
| to the extent apportioned to current operating expenses, shall be | 19468 |
| included in this qualification requirement to the extent | 19469 |
| determined by the tax commissioner under division (D) of section | 19470 |
| 3317.021 of the Revised Code. | 19471 |
| (B) The school year next preceding the fiscal year for which | 19472 |
| such payments are authorized meets the requirement of section | 19473 |
| 3313.48 or 3313.481 of the Revised Code, with regard to the | 19474 |
| minimum number of days or hours school must be open for | 19475 |
| instruction with pupils in attendance, for individualized | 19476 |
| parent-teacher conference and reporting periods, and for | 19477 |
| professional meetings of teachers. This requirement shall be | 19478 |
| waived by the superintendent of public instruction if it had been | 19479 |
| necessary for a school to be closed because of disease epidemic, | 19480 |
| hazardous weather conditions, inoperability of school buses or | 19481 |
| other equipment necessary to the school's operation, damage to a | 19482 |
| school building, or other temporary circumstances due to utility | 19483 |
| failure rendering the school building unfit for school use, | 19484 |
| provided that for those school districts operating pursuant to | 19485 |
| section 3313.48 of the Revised Code the number of days the school | 19486 |
| was actually open for instruction with pupils in attendance and | 19487 |
| for individualized parent-teacher conference and reporting periods | 19488 |
| is not less than one hundred seventy-five, or for those school | 19489 |
| districts operating on a trimester plan the number of days the | 19490 |
| school was actually open for instruction with pupils in attendance | 19491 |
| not less than seventy-nine days in any trimester, for those school | 19492 |
| districts operating on a quarterly plan the number of days the | 19493 |
| school was actually open for instruction with pupils in attendance | 19494 |
| not less than fifty-nine days in any quarter, or for those school | 19495 |
| districts operating on a pentamester plan the number of days the | 19496 |
| school was actually open for instruction with pupils in attendance | 19497 |
| not less than forty-four days in any pentamester. | 19498 |
| A school district shall not be considered to have failed to | 19499 |
| comply with this division or section 3313.481 of the Revised Code | 19500 |
| because schools were open for instruction but either twelfth grade | 19501 |
| students were excused from attendance for up to three days or only | 19502 |
| a portion of the kindergarten students were in attendance for up | 19503 |
| to three days in order to allow for the gradual orientation to | 19504 |
| school of such students. | 19505 |
| The superintendent of public instruction shall waive the | 19506 |
| requirements of this section with reference to the minimum number | 19507 |
| of days or hours school must be in session with pupils in | 19508 |
| attendance for the school year succeeding the school year in which | 19509 |
| a board of education initiates a plan of operation pursuant to | 19510 |
| section 3313.481 of the Revised Code. The minimum requirements of | 19511 |
| this section shall again be applicable to such a district | 19512 |
| beginning with the school year commencing the second July | 19513 |
| succeeding the initiation of one such plan, and for each school | 19514 |
| year thereafter. | 19515 |
| A school district shall not be considered to have failed to | 19516 |
| comply with this division or section 3313.48 or 3313.481 of the | 19517 |
| Revised Code because schools were open for instruction but the | 19518 |
| length of the regularly scheduled school day, for any number of | 19519 |
| days during the school year, was reduced by not more than two | 19520 |
| hours due to hazardous weather conditions. | 19521 |
| (C) The school district has on file, and is paying in | 19522 |
| accordance with, a teachers' salary schedule which complies with | 19523 |
| section 3317.13 of the Revised Code. | 19524 |
| A board of education or governing board of an educational | 19525 |
| service center which has not conformed with other law and the | 19526 |
| rules pursuant thereto, shall not participate in the distribution | 19527 |
| of funds authorized by sections 3317.022 to 3317.0211, 3317.11, | 19528 |
| 3317.16, 3317.17, and 3317.19 of the Revised Code, except for good | 19529 |
| and sufficient reason established to the satisfaction of the state | 19530 |
| board of education and the state controlling board. | 19531 |
| All funds allocated to school districts under this chapter, | 19532 |
| except those specifically allocated for other purposes, shall be | 19533 |
| used to pay current operating expenses only. | 19534 |
| Sec. 3317.012. (A) The general assembly, having deliberated | 19535 |
| on the model with which to calculate the base cost of an adequate | 19536 |
| education per pupil, has made a policy decision to calculate that | 19537 |
| amount as consisting of the following building blocks: | 19538 |
| (1) Base classroom teachers; | 19539 |
| (2) Other personnel support, which includes additional | 19540 |
| teachers, such as music, arts, and physical education teachers | 19541 |
| funded by state, local, or federal funds or other funds that are | 19542 |
| above the base cost funding level, and other school personnel | 19543 |
| including administrators; | 19544 |
| (3) Nonpersonnel support. | 19545 |
| This model reflects policy decisions made by the general | 19546 |
| assembly concerning the cost of base classroom teachers, which | 19547 |
| decisions entail two policy variables: the number of students per | 19548 |
| base classroom teacher necessary for an adequate education and the | 19549 |
| average compensation for a base classroom teacher necessary for an | 19550 |
| adequate education. The model requires the general assembly to | 19551 |
| decide the amount of other personnel support necessary for an | 19552 |
| adequate education | 19553 |
| 19554 | |
| 19555 | |
| assembly to decide the nonpersonnel costs necessary for an | 19556 |
| adequate education and to inflate the nonpersonnel costs from year | 19557 |
| to year using the projected inflationary measure for the gross | 19558 |
| domestic product deflator (all items) prepared by the bureau of | 19559 |
| labor statistics of the United States department of labor. | 19560 |
|
(B)(1) For fiscal year | 19561 |
| resolved that a ratio of one base classroom teacher per twenty | 19562 |
| students is necessary for an adequate education. The general | 19563 |
| assembly has made a policy decision that the average compensation | 19564 |
| for base classroom teachers is | 19565 |
| 19566 | |
| benefits. For fiscal year | 19567 |
| resolved that a ratio of one base classroom teacher per twenty | 19568 |
| students is necessary for an adequate education. The general | 19569 |
| assembly has made a policy decision that the average compensation | 19570 |
| for base classroom teachers is | 19571 |
| 2009, which includes an amount for the value of fringe benefits. | 19572 |
| Based on a ratio of twenty students per base classroom teacher, | 19573 |
| these amounts equal | 19574 |
| 2008 and | 19575 |
| (2) The general assembly has made a policy decision that the | 19576 |
| per pupil cost of salary and benefits of other personnel support | 19577 |
| is | 19578 |
| increase for the | 19579 |
| per pupil cost of salary and benefits of other personnel support | 19580 |
| from fiscal year | 19581 |
| cost of other personnel support is | 19582 |
| 19583 |
| (3) The general assembly has made a policy decision that the | 19584 |
| per pupil cost of nonpersonnel support is | 19585 |
| 19586 | |
| fiscal year | 19587 |
| for the gross domestic product deflator (all items) of | 19588 |
| 2.00%. | 19589 |
| (4) Based on the determinations specified in divisions (B)(1) | 19590 |
| to (3) of this section, the per-pupil base cost is | 19591 |
| in fiscal year | 19592 |
| 2009. | 19593 |
| (C) In addition to the per-pupil base cost as determined | 19594 |
| under divisions (A) and (B) of this section, the general assembly | 19595 |
| determines that the following base funding supplements shall be | 19596 |
| paid to each school district: | 19597 |
| (1) Base funding for large-group academic intervention for | 19598 |
| all students, based on 25 hours per group of students per year at | 19599 |
| an hourly rate of | 19600 |
| 19601 |
| 19602 |
| Where: | 19603 |
| (a) "Large-group intervention units" equals the district's | 19604 |
| formula ADM divided by 20; | 19605 |
| (b) "Hourly rate" equals | 19606 |
| 2008 and | 19607 |
| (2) Base funding for professional development, phased in | 19608 |
| according to the following formula: | 19609 |
| 19610 |
| 19611 |
| Where: | 19612 |
| (a) For each school district, the district's "teacher factor" | 19613 |
| is the district's formula ADM divided by 17; | 19614 |
|
(b) "Phase-in percentage" equals | 19615 |
| 0.75 | 19616 |
| (3) Base funding for data-based decision making, calculated | 19617 |
| according to the following formula: | 19618 |
| 19619 |
| (4) Base funding for professional development regarding | 19620 |
| data-based decision making, calculated according to the following | 19621 |
| formula: | 19622 |
| 19623 |
| 19624 |
| 19625 |
| Where: | 19626 |
| (a) For each school district, the district's "teacher factor" | 19627 |
| is the district's formula ADM divided by 17; | 19628 |
| (b) For each school district, the district's "principal | 19629 |
| factor" is the district's formula ADM divided by 340. | 19630 |
| (D) The general assembly intends that school districts spend | 19631 |
| the state funds calculated and paid for each component of the | 19632 |
| building blocks methodology described in divisions (B)(1) to (3) | 19633 |
| and (C)(1) to (4) of this section according to the purposes | 19634 |
| described in those divisions. | 19635 |
| Sec. 3317.013. Except for a handicapped preschool child for | 19636 |
| whom a scholarship has been awarded under section 3310.41 of the | 19637 |
| Revised Code, this section does not apply to handicapped preschool | 19638 |
| students. | 19639 |
| Analysis of special education cost data has resulted in a | 19640 |
| finding that the average special education additional cost per | 19641 |
| pupil, including the costs of related services, can be expressed | 19642 |
| as a multiple of the base cost per pupil calculated under section | 19643 |
| 3317.012 of the Revised Code. The multiples for the following | 19644 |
| categories of special education programs, as these programs are | 19645 |
| defined for purposes of Chapter 3323. of the Revised Code, and | 19646 |
| adjusted as provided in this section, are as follows: | 19647 |
| (A) A multiple of 0.2892 for students whose primary or only | 19648 |
| identified handicap is a speech and language handicap, as this | 19649 |
| term is defined pursuant to Chapter 3323. of the Revised Code; | 19650 |
| (B) A multiple of 0.3691 for students identified as specific | 19651 |
| learning disabled or developmentally handicapped, as these terms | 19652 |
| are defined pursuant to Chapter 3323. of the Revised Code, or | 19653 |
| other health handicapped-minor; | 19654 |
| (C) A multiple of 1.7695 for students identified as hearing | 19655 |
| handicapped, vision impaired, or severe behavior handicapped, as | 19656 |
| these terms are defined pursuant to Chapter 3323. of the Revised | 19657 |
| Code; | 19658 |
| (D) A multiple of 2.3646 for students identified as | 19659 |
| orthopedically handicapped, as this term is defined pursuant to | 19660 |
| Chapter 3323. of the Revised Code or other health handicapped - | 19661 |
| major; | 19662 |
| (E) A multiple of 3.1129 for students identified as | 19663 |
| multihandicapped, as this term is defined pursuant to Chapter | 19664 |
| 3323. of the Revised Code; | 19665 |
| (F) A multiple of 4.7342 for students identified as autistic, | 19666 |
| having traumatic brain injuries, or as both visually and hearing | 19667 |
| disabled, as these terms are defined pursuant to Chapter 3323. of | 19668 |
| the Revised Code. | 19669 |
| In fiscal | 19670 |
| specified in divisions (A)
to (F) of this section | 19671 |
| 19672 | |
| 19673 | |
| adjusted by multiplying them by 0.90. | 19674 |
| Not later than the thirtieth day of | 19675 |
| 19676 | |
| shall submit to the office of budget and management a report that | 19677 |
| specifies for each city, local, exempted village, and joint | 19678 |
| vocational school district the fiscal year allocation of the state | 19679 |
| and local shares of special education and related services | 19680 |
| additional weighted funding and federal special education funds | 19681 |
| passed through to the district. | 19682 |
| Not later than January 31, 2009, and the thirty-first day of | 19683 |
| January of each odd-numbered year thereafter, the department shall | 19684 |
| prepare an analysis of whether the multiples specified in this | 19685 |
| section continue to accurately reflect the cost of providing | 19686 |
| special education, including the costs of related services, for | 19687 |
| students in each of the respective categories of programs | 19688 |
| specified in this section. | 19689 |
| Sec. 3317.014. The average vocational education additional | 19690 |
| cost per pupil can be expressed as a multiple of the base cost per | 19691 |
|
pupil calculated under section 3317.012 of the Revised Code. | 19692 |
| The multiples for the following categories of vocational education | 19693 |
| programs are as follows: | 19694 |
| (A) A multiple of 0.57 for students enrolled in vocational | 19695 |
| education job-training and workforce development programs approved | 19696 |
| by the department of education in accordance with rules adopted | 19697 |
| under section 3313.90 of the Revised Code. | 19698 |
| (B) A multiple of 0.28 for students enrolled in vocational | 19699 |
| education classes other than job-training and workforce | 19700 |
| development programs. | 19701 |
| Vocational education associated services costs can be | 19702 |
| expressed as a multiple of 0.05 of the base cost per pupil | 19703 |
| calculated under section 3317.012 of the Revised Code. | 19704 |
| | 19705 |
| 19706 | |
| 19707 | |
| 19708 | |
| 19709 | |
| 19710 | |
| 19711 | |
| 19712 |
| | 19713 |
| education shall | 19714 |
| and management and the general assembly the amount of weighted | 19715 |
| funding for vocational education and associated services that | 19716 |
| was spent by each city, local, exempted village, and joint | 19717 |
| vocational school district specifically for vocational educational | 19718 |
| and associated services during the previous fiscal year. | 19719 |
| Sec. 3317.015. (A) In addition to the information certified | 19720 |
| to the department of education and the office of budget and | 19721 |
| management under division (A) of section 3317.021 of the Revised | 19722 |
| Code, the tax commissioner shall, at the same time, certify the | 19723 |
| following information to the department and the office of budget | 19724 |
| and management for each city, exempted village, and local school | 19725 |
| district to be used for the same purposes as described under that | 19726 |
| division: | 19727 |
| (1) The taxable value of the school district's carryover | 19728 |
| property, as defined in section 319.301 of the Revised Code, for | 19729 |
| the preceding tax year; | 19730 |
| (2) The increase in such carryover value, if any, between the | 19731 |
| second preceding tax year and the preceding tax year as used in | 19732 |
| calculating the percentage reduction under section 319.301 of the | 19733 |
| Revised Code. | 19734 |
| (B) For each fiscal year the department of education shall | 19735 |
| calculate each school district's recognized valuation in the | 19736 |
| following manner: | 19737 |
| (1) For a school district located in a county in which a | 19738 |
| reappraisal or triennial update occurred in the preceding tax | 19739 |
| year, the recognized valuation equals the district's total taxable | 19740 |
| value for the preceding tax year minus two-thirds times the | 19741 |
| increase in the carryover value from the second preceding tax year | 19742 |
| to the preceding tax year. | 19743 |
| (2) For a school district located in a county in which a | 19744 |
| reappraisal or triennial update occurred in the second preceding | 19745 |
| tax year, the recognized valuation equals the district's total | 19746 |
| taxable value for the preceding tax year minus one-third times the | 19747 |
| increase in the carryover value from the third preceding tax year | 19748 |
| to the second preceding tax year. | 19749 |
| (3) For a school district located in a county in which a | 19750 |
| reappraisal or triennial update occurred in the third preceding | 19751 |
| tax year, the recognized valuation equals the district's total | 19752 |
| taxable value for the preceding tax year. | 19753 |
| Sec. 3317.016. In addition to its form SF-3, or any successor | 19754 |
| to that form, the department of education shall publish on its web | 19755 |
| site a spreadsheet for each school district that specifies the | 19756 |
| constituent components of the district's "building blocks" funds, | 19757 |
| as follows: | 19758 |
| (A) For compensation of base classroom teachers, as described | 19759 |
| in division (B)(1) of section 3317.012 of the Revised Code, each | 19760 |
| spreadsheet shall specify the district's aggregate and per pupil | 19761 |
| amounts of state funds and of combined state and local funds, the | 19762 |
| average compensation decided by the general assembly for base | 19763 |
| classroom teachers, as specified in that division, and the number | 19764 |
| of base classroom teachers attributable to the district based on | 19765 |
| the student-teacher ratio decided by the general assembly, as | 19766 |
| specified in that division. | 19767 |
| (B) Each spreadsheet shall specify the district's aggregate | 19768 |
| and per pupil amounts of state funds and of combined state and | 19769 |
| local funds for each of the following: | 19770 |
| (1) Other personnel support, as described in division (B)(2) | 19771 |
| of section 3317.012 of the Revised Code; | 19772 |
| (2) Nonpersonnel support, as described in division (B)(3) of | 19773 |
| that section; | 19774 |
| (3) Academic intervention services, as described in division | 19775 |
| (C)(1) of that section; | 19776 |
| (4) Professional development, as described in division (C)(2) | 19777 |
| of that section; | 19778 |
| (5) Data-based decision making, as described in division | 19779 |
| (C)(3) of that section; | 19780 |
| (6) Professional development for data-based decision making, | 19781 |
| as described in division (C)(4) of that section. | 19782 |
| (C) Each spreadsheet shall separately specify the district's | 19783 |
| aggregate and per pupil state funds for each of the following | 19784 |
| components of poverty-based assistance under section 3317.029 of | 19785 |
| the Revised Code: | 19786 |
|
(1) | 19787 |
| 19788 |
| | 19789 |
| section; | 19790 |
| | 19791 |
| section; | 19792 |
| | 19793 |
| opportunities under division (E) of that section; | 19794 |
| | 19795 |
| division (F) of that section; | 19796 |
| | 19797 |
| section; | 19798 |
| | 19799 |
| | 19800 |
| (8) Assistance in closing the achievement gap under division | 19801 |
| (J) of that section. | 19802 |
| Sec. 3317.017. (A) Not later than July 1, 2006, the | 19803 |
| superintendent of public instruction shall adopt a rule under | 19804 |
| which the superintendent may issue an order with respect to the | 19805 |
| spending, by a school district declared to be under an academic | 19806 |
| watch or in a state of academic emergency under section 3302.03 of | 19807 |
| the Revised Code, of the following state building block funds | 19808 |
| intended to pay instructional-related costs: | 19809 |
| (1) State funds for compensation of base classroom teachers, | 19810 |
| as described in division (B)(1) of section 3317.012 of the Revised | 19811 |
| Code; | 19812 |
| (2) State funds for academic intervention services under | 19813 |
| division (C)(1) of section 3317.012 and division (C) of section | 19814 |
| 3317.029 of the Revised Code; | 19815 |
| (3) State funds for professional development under divisions | 19816 |
| (C)(2) and (4) of section 3317.012 and division (G) of section | 19817 |
| 3317.029 of the Revised Code; | 19818 |
| (4) State funds for data based decision making under division | 19819 |
| (C)(3) of section 3317.012 of the Revised Code; | 19820 |
| (5) | 19821 |
| 19822 |
| | 19823 |
| of section 3317.029 of the Revised Code; | 19824 |
| | 19825 |
| classroom learning opportunities under division (E) of section | 19826 |
| 3317.029 of the Revised Code; | 19827 |
| | 19828 |
| students under division (F) of section 3317.029 of the Revised | 19829 |
| Code; | 19830 |
| | 19831 |
| of section 3317.029 of the Revised Code; | 19832 |
| | 19833 |
| of section 3317.029 of the Revised Code; | 19834 |
| (10) State funds for assistance in closing the achievement | 19835 |
| gap under division (J) of section 3317.029 of the Revised Code. | 19836 |
| (B) The rule shall authorize the superintendent of public | 19837 |
| instruction to issue an order that does one or a combination of | 19838 |
| the following: | 19839 |
| (1) Requires the school district to periodically report to | 19840 |
| the superintendent of public instruction on its spending of the | 19841 |
| state funds paid for each building blocks component described in | 19842 |
| divisions (A)(1) to (10) of this section; | 19843 |
| (2) Requires the district to establish a separate account for | 19844 |
| each of the building blocks components described in divisions | 19845 |
| (A)(1) to (10) of this section to which the district shall credit | 19846 |
| the state funds paid for each; | 19847 |
| (3) Directs the district's spending of any or all of the | 19848 |
| state funds paid for the components described in divisions (A)(1) | 19849 |
| to (10) of this section in accordance with the descriptions and | 19850 |
| requirements of sections 3317.012 and 3317.029 of the Revised | 19851 |
| Code. | 19852 |
| (C) The rule shall specify situations in which the | 19853 |
| superintendent may issue an order and the types of orders the | 19854 |
| superintendent will issue for each of those situations. The rule, | 19855 |
| however, shall authorize the superintendent to issue orders in | 19856 |
| situations that are not enumerated or described in the rule. | 19857 |
| (D) The board of education of each school district to which | 19858 |
| the superintendent of public instruction issues an order pursuant | 19859 |
| to the rule adopted under this section shall comply with that | 19860 |
| order. | 19861 |
| Sec. 3317.02. As used in this chapter: | 19862 |
| (A) Unless otherwise specified, "school district" means city, | 19863 |
| local, and exempted village school districts. | 19864 |
| (B) "Formula amount" means the base cost for the fiscal year | 19865 |
| specified in division (B)(4) of section 3317.012 of the Revised | 19866 |
| Code. | 19867 |
| (C) "FTE basis" means a count of students based on full-time | 19868 |
| equivalency, in accordance with rules adopted by the department of | 19869 |
| education pursuant to section 3317.03 of the Revised Code. In | 19870 |
| adopting its rules under this division, the department shall | 19871 |
| provide for counting any student in category one, two, three, | 19872 |
| four, five, or six special education ADM or in category one or two | 19873 |
| vocational education ADM in the same proportion the student is | 19874 |
| counted in formula ADM. | 19875 |
| (D) "Formula ADM" means, for a city, local, or exempted | 19876 |
| village school district, the final number verified by the | 19877 |
| superintendent of public instruction, based on the number reported | 19878 |
| pursuant to division (A) of section 3317.03 of the Revised Code, | 19879 |
| 19880 | |
| section. "Formula ADM" means, for a joint vocational school | 19881 |
| district, the final number verified by the superintendent of | 19882 |
| public instruction, based on the number reported pursuant to | 19883 |
|
division
(D) of section 3317.03 of the Revised Code | 19884 |
| 19885 | |
| 19886 | |
| 19887 | |
| 19888 | |
| 19889 | |
| ordered, under division (K) of that section. | 19890 |
| (E) "Three-year average formula ADM" means the average of | 19891 |
|
formula ADMs for the
| 19892 |
| (F)(1) "Category one special education ADM" means the average | 19893 |
| daily membership of handicapped children receiving special | 19894 |
| education services for the handicap specified in division (A) of | 19895 |
| section 3317.013 of the Revised Code and reported under division | 19896 |
| (B)(5) or (D)(2)(b) of section 3317.03 of the Revised Code. | 19897 |
| 19898 | |
| 19899 | |
| 19900 | |
| 19901 | |
| 19902 |
| (2) "Category two special education ADM" means the average | 19903 |
| daily membership of handicapped children receiving special | 19904 |
| education services for those handicaps specified in division (B) | 19905 |
| of section 3317.013 of the Revised Code and reported under | 19906 |
| division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised | 19907 |
|
Code. | 19908 |
| 19909 | |
| 19910 | |
| 19911 | |
| 19912 |
| (3) "Category three special education ADM" means the average | 19913 |
| daily membership of students receiving special education services | 19914 |
| for those handicaps specified in division (C) of section 3317.013 | 19915 |
| of the Revised Code, and reported under division (B)(7) or | 19916 |
|
(D)(2)(d) of section 3317.03 of
the
Revised Code. | 19917 |
| 19918 | |
| 19919 | |
| 19920 | |
| 19921 | |
| 19922 |
| (4) "Category four special education ADM" means the average | 19923 |
| daily membership of students receiving special education services | 19924 |
| for those handicaps specified in division (D) of section 3317.013 | 19925 |
| of the Revised Code and reported under division (B)(8) or | 19926 |
|
(D)(2)(e) of section 3317.03 of
the Revised Code. | 19927 |
| 19928 | |
| 19929 | |
| 19930 | |
| 19931 | |
| 19932 |
| (5) "Category five special education ADM" means the average | 19933 |
| daily membership of students receiving special education services | 19934 |
| for the handicap specified in division (E) of section 3317.013 of | 19935 |
| the Revised Code and reported under division (B)(9) or (D)(2)(f) | 19936 |
|
of section 3317.03 of the Revised Code. | 19937 |
| 19938 | |
| 19939 | |
| 19940 | |
| 19941 |
| (6) "Category six special education ADM" means the average | 19942 |
| daily membership of students receiving special education services | 19943 |
| for the handicap specified in division (F) of section 3317.013 of | 19944 |
| the Revised Code and reported under division (B)(10) or (D)(2)(g) | 19945 |
|
of section 3317.03 of the Revised Code. | 19946 |
| 19947 | |
| 19948 | |
| 19949 | |
| 19950 |
| (7) "Category one vocational education ADM" means the average | 19951 |
| daily membership of students receiving vocational education | 19952 |
| services described in division (A) of section 3317.014 of the | 19953 |
| Revised Code and reported under division (B)(11) or (D)(2)(h) of | 19954 |
|
section 3317.03 of the Revised Code. | 19955 |
| 19956 | |
| 19957 | |
| 19958 | |
| 19959 |
| (8) "Category two vocational education ADM" means the average | 19960 |
| daily membership of students receiving vocational education | 19961 |
| services described in division (B) of section 3317.014 of the | 19962 |
| Revised Code and reported under division (B)(12) or (D)(2)(i) of | 19963 |
|
section
3317.03 of the Revised Code. | 19964 |
| 19965 | |
| 19966 | |
| 19967 | |
| 19968 |
| (G) "Handicapped preschool child" means a handicapped child, | 19969 |
| as defined in section 3323.01 of the Revised Code, who is at least | 19970 |
| age three but is not of compulsory school age, as defined in | 19971 |
| section 3321.01 of the Revised Code, and who is not currently | 19972 |
| enrolled in kindergarten. | 19973 |
| (H) "County MR/DD board" means a county board of mental | 19974 |
| retardation and developmental disabilities. | 19975 |
| (I) "Recognized valuation" means the amount calculated for a | 19976 |
| school district pursuant to section 3317.015 of the Revised Code. | 19977 |
| (J)
| 19978 |
| 19979 | |
| 19980 |
| | 19981 |
| 19982 | |
| 19983 | |
| 19984 |
| | 19985 |
| payable against real and public utility property after making the | 19986 |
| reduction required by section 319.301 of the Revised Code, plus | 19987 |
| the taxes levied against tangible personal property. | 19988 |
| | 19989 |
| certified for a city, local, exempted village, or joint vocational | 19990 |
| school district under divisions (A)(1) and (2) of section 3317.021 | 19991 |
| of the Revised Code. | 19992 |
| | 19993 |
| 19994 | |
| 19995 | |
| 19996 | |
| 19997 | |
| 19998 | |
| 19999 | |
| 20000 | |
| 20001 | |
| 20002 | |
| 20003 |
| | 20004 |
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| | 20096 |
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| 20187 |
| | 20188 |
| amount certified for a school district under division (A)(4) of | 20189 |
| section 3317.021 of the Revised Code. | 20190 |
| | 20191 |
| recognized valuation of a school district plus the tax exempt | 20192 |
| value of the district. | 20193 |
| | 20194 |
| adjusted gross income certified for a school district. On or | 20195 |
| before the first day of July of each year, the tax commissioner | 20196 |
| shall certify to the department of education and the office of | 20197 |
| budget and management for each city, exempted village, and local | 20198 |
| school district the median Ohio adjusted gross income of the | 20199 |
| residents of the school district determined on the basis of tax | 20200 |
| returns filed for the second preceding tax year by the residents | 20201 |
| of the district. | 20202 |
| | 20203 |
| median income of all city, exempted village, and local school | 20204 |
| districts in the state. | 20205 |
| | 20206 |
| school district means the quotient obtained by dividing that | 20207 |
| district's median income by the statewide median income. | 20208 |
| | 20209 |
| the following apply: | 20210 |
| (1) The child requires the services of a doctor of medicine | 20211 |
| or osteopathic medicine at least once a week due to the | 20212 |
| instability of the child's medical condition. | 20213 |
| (2) The child requires the services of a registered nurse on | 20214 |
| a daily basis. | 20215 |
| (3) The child is at risk of institutionalization in a | 20216 |
| hospital, skilled nursing facility, or intermediate care facility | 20217 |
| for the mentally retarded. | 20218 |
| | 20219 |
| handicapped-major" if the child's condition meets the definition | 20220 |
| of "other health impaired" established in rules adopted by the | 20221 |
| state board of education prior to July 1, 2001, and if either of | 20222 |
| the following apply: | 20223 |
| (1) The child is identified as having a medical condition | 20224 |
| that is among those listed by the superintendent of public | 20225 |
| instruction as conditions where a substantial majority of cases | 20226 |
| fall within the definition of "medically fragile child." The | 20227 |
| superintendent of public instruction shall issue an initial list | 20228 |
| no later than September 1, 2001. | 20229 |
| (2) The child is determined by the superintendent of public | 20230 |
| instruction to be a medically fragile child. A school district | 20231 |
| superintendent may petition the superintendent of public | 20232 |
| instruction for a determination that a child is a medically | 20233 |
| fragile child. | 20234 |
| | 20235 |
| handicapped-minor" if the child's condition meets the definition | 20236 |
| of "other health impaired" established in rules adopted by the | 20237 |
| state board of education prior to July 1, 2001, but the child's | 20238 |
| condition does not meet either of the conditions specified in | 20239 |
| division | 20240 |
| | 20241 |
| 20242 | |
| 20243 | |
| 20244 | |
| 20245 | |
| 20246 | |
| 20247 | |
| 20248 | |
| 20249 | |
| section 5751.20 of the Revised Code. | 20250 |
| | 20251 |
| 2006, and in fiscal year 2007 and each fiscal year thereafter, the | 20252 |
| amount certified for a school district under divisions (A)(6) and | 20253 |
| (7) of section 3317.021 of the Revised Code. | 20254 |
| (V) "Internet- or computer-based community school" has the | 20255 |
| same meaning as in section 3314.02 of the Revised Code. | 20256 |
| Sec. 3317.021. (A) On or before the first day of June of | 20257 |
| each year, the tax commissioner shall certify to the department of | 20258 |
| education and the office of budget and management the information | 20259 |
| described in divisions (A)(1) to (8) of this section for each | 20260 |
| city, exempted village, and local school district, and the | 20261 |
| information required by divisions (A)(1) and (2) of this section | 20262 |
| for each joint vocational school district, and it shall be used, | 20263 |
| along with the information certified under division (B) of this | 20264 |
| section, in making the computations for the district under | 20265 |
| sections 3317.022, 3317.0216, and 3317.0217 or section 3317.16 of | 20266 |
| the Revised Code. | 20267 |
| (1) The taxable value of real and public utility real | 20268 |
| property in the school district subject to taxation in the | 20269 |
| preceding tax year, by class and by county of location. | 20270 |
| (2) The taxable value of tangible personal property, | 20271 |
| including public utility personal property, subject to taxation by | 20272 |
| the district for the preceding tax year. | 20273 |
| (3)(a) The total property tax rate and total taxes charged | 20274 |
| and payable for the current expenses for the preceding tax year | 20275 |
| and the total property tax rate and the total taxes charged and | 20276 |
| payable to a joint vocational district for the preceding tax year | 20277 |
| that are limited to or to the extent apportioned to current | 20278 |
| expenses. | 20279 |
| (b) The portion of the amount of taxes charged and payable | 20280 |
| reported for each city, local, and exempted village school | 20281 |
| district under division (A)(3)(a) of this section attributable to | 20282 |
| a joint vocational school district. | 20283 |
| (4) The value of all real and public utility real property in | 20284 |
| the school district exempted from taxation minus both of the | 20285 |
| following: | 20286 |
| (a) The value of real and public utility real property in the | 20287 |
| district owned by the United States government and used | 20288 |
| exclusively for a public purpose; | 20289 |
| (b) The value of real and public utility real property in the | 20290 |
| district exempted from taxation under Chapter 725. or 1728. or | 20291 |
| section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632, | 20292 |
| 5709.73, or 5709.78 of the Revised Code. | 20293 |
| (5) The total federal adjusted gross income of the residents | 20294 |
| of the school district, based on tax returns filed by the | 20295 |
| residents of the district, for the most recent year for which this | 20296 |
| information is available. | 20297 |
| (6) The sum of the school district compensation value as | 20298 |
| indicated on the list of exempted property for the preceding tax | 20299 |
| year under section 5713.08 of the Revised Code as if such property | 20300 |
| had been assessed for taxation that year and the other | 20301 |
| compensation value for the school district, minus the amounts | 20302 |
| described in divisions (A)(6)(c) to (i) of this section. The | 20303 |
| portion of school district compensation value or other | 20304 |
| compensation value attributable to an incentive district exemption | 20305 |
| may be subtracted only once even if that incentive district | 20306 |
| satisfies more than one of the criteria in divisions (A)(6)(c) to | 20307 |
| (i) of this section. | 20308 |
| (a) "School district compensation value" means the aggregate | 20309 |
| value of real property in the school district exempted from | 20310 |
| taxation pursuant to an ordinance or resolution adopted under | 20311 |
| division (C) of section 5709.40, division (C) of section 5709.73, | 20312 |
| or division (B) of section 5709.78 of the Revised Code to the | 20313 |
| extent that the exempted value results in the charging of payments | 20314 |
| in lieu of taxes required to be paid to the school district under | 20315 |
| division (D)(1) or (2) of section 5709.40, division (D) of section | 20316 |
| 5709.73, or division (C) of section 5709.78 of the Revised Code. | 20317 |
| (b) "Other compensation value" means the quotient that | 20318 |
| results from dividing (i) the dollar value of compensation | 20319 |
| received by the school district during the preceding tax year | 20320 |
| pursuant to division (B), (C), or (D) of section 5709.82 of the | 20321 |
| Revised Code and the amounts received pursuant to an agreement as | 20322 |
| specified in division (D)(2) of section 5709.40, division (D) of | 20323 |
| section 5709.73, or division (C) of section 5709.78 of the Revised | 20324 |
| Code to the extent those amounts were not previously reported or | 20325 |
| included in division (A)(6)(a) of this section, and so that any | 20326 |
| such amount is reported only once under division (A)(6)(b) of this | 20327 |
| section, in relation to exemptions from taxation granted pursuant | 20328 |
| to an ordinance or resolution adopted under division (C) of | 20329 |
| section 5709.40, division (C) of section 5709.73, or division (B) | 20330 |
| of section 5709.78 of the Revised Code, by (ii) the real property | 20331 |
| tax rate in effect for the preceding tax year for | 20332 |
| nonresidential/agricultural real property after making the | 20333 |
| reductions required by section 319.301 of the Revised Code. | 20334 |
| (c) The portion of school district compensation value or | 20335 |
| other compensation value that was exempted from taxation pursuant | 20336 |
| to such an ordinance or resolution for the preceding tax year, if | 20337 |
| the ordinance or resolution is adopted prior to January 1, 2006, | 20338 |
| and the legislative authority or board of township trustees or | 20339 |
| county commissioners, prior to January 1, 2006, executes a | 20340 |
| contract or agreement with a developer, whether for-profit or | 20341 |
| not-for-profit, with respect to the development of a project | 20342 |
| undertaken or to be undertaken and identified in the ordinance or | 20343 |
| resolution, and upon which parcels such project is being, or will | 20344 |
| be, undertaken; | 20345 |
| (d) The portion of school district compensation value that | 20346 |
| was exempted from taxation for the preceding tax year and for | 20347 |
| which payments in lieu of taxes for the preceding tax year were | 20348 |
| provided to the school district under division (D)(1) of section | 20349 |
| 5709.40 of the Revised Code. | 20350 |
| (e) The portion of school district compensation value that | 20351 |
| was exempted from taxation for the preceding tax year pursuant to | 20352 |
| such an ordinance or resolution, if and to the extent that, on or | 20353 |
| before April 1, 2006, the fiscal officer of the municipal | 20354 |
| corporation that adopted the ordinance, or of the township or | 20355 |
| county that adopted the resolution, certifies and provides | 20356 |
| appropriate supporting documentation to the tax commissioner and | 20357 |
| the director of development that, based on hold-harmless | 20358 |
| provisions in any agreement between the school district and the | 20359 |
| legislative authority of the municipal corporation, board of | 20360 |
| township trustees, or board of county commissioners that was | 20361 |
| entered into on or before June 1, 2005, the ability or obligation | 20362 |
| of the municipal corporation, township, or county to repay bonds, | 20363 |
| notes, or other financial obligations issued or entered into prior | 20364 |
| to January 1, 2006, will be impaired, including obligations to or | 20365 |
| of any other body corporate and politic with whom the legislative | 20366 |
| authority of the municipal corporation or board of township | 20367 |
| trustees or county commissioners has entered into an agreement | 20368 |
| pertaining to the use of service payments derived from the | 20369 |
| improvements exempted; | 20370 |
| (f) The portion of school district compensation value that | 20371 |
| was exempted from taxation for the preceding tax year pursuant to | 20372 |
| such an ordinance or resolution, if the ordinance or resolution is | 20373 |
| adopted prior to January 1, 2006, in a municipal corporation with | 20374 |
| a population that exceeds one hundred thousand, as shown by the | 20375 |
| most recent federal decennial census, that includes a major | 20376 |
| employment center and that is adjacent to historically distressed | 20377 |
| neighborhoods, if the legislative authority of the municipal | 20378 |
| corporation that exempted the property prepares an economic | 20379 |
| analysis that demonstrates that all taxes generated within the | 20380 |
| incentive district accruing to the state by reason of improvements | 20381 |
| constructed within the district during its existence exceed the | 20382 |
| amount the state pays the school district under section 3317.022 | 20383 |
| of the Revised Code attributable to such property exemption from | 20384 |
| the school district's recognized valuation. The analysis shall be | 20385 |
| submitted to and approved by the department of development prior | 20386 |
| to January 1, 2006, and the department shall not unreasonably | 20387 |
| withhold approval. | 20388 |
| (g) The portion of school district compensation value that | 20389 |
| was exempted from taxation for the preceding tax year under such | 20390 |
| an ordinance or resolution, if the ordinance or resolution is | 20391 |
| adopted prior to January 1, 2006, and if service payments have | 20392 |
| been pledged to be used for mixed-use riverfront entertainment | 20393 |
| development in any county with a population that exceeds six | 20394 |
| hundred thousand, as shown by the most recent federal decennial | 20395 |
| census; | 20396 |
| (h) The portion of school district compensation value that | 20397 |
| was exempted from taxation for the preceding tax year under such | 20398 |
| an ordinance or resolution, if, prior to January 1, 2006, the | 20399 |
| legislative authority of a municipal corporation, board of | 20400 |
| township trustees, or board of county commissioners has pledged | 20401 |
| service payments for a designated transportation capacity project | 20402 |
| approved by the transportation review advisory council under | 20403 |
| Chapter 5512. of the Revised Code; | 20404 |
| (i) The portion of school district compensation value that | 20405 |
| was exempted from taxation for the preceding tax year under such | 20406 |
| an ordinance or resolution if the legislative authority of a | 20407 |
| municipal corporation, board of township trustees, or board of | 20408 |
| county commissioners have, by January 1, 2006, pledged proceeds | 20409 |
| for designated transportation improvement projects that involve | 20410 |
| federal funds for which the proceeds are used to meet a local | 20411 |
| share match requirement for such funding. | 20412 |
| As used in division (A)(6) of this section, "project" has the | 20413 |
| same meaning as in section 5709.40 of the Revised Code. | 20414 |
| (7) The aggregate value of real property in the school | 20415 |
| district for which an exemption from taxation is granted by an | 20416 |
| ordinance or resolution adopted on or after January 1, 2006, under | 20417 |
| Chapter 725. or 1728., sections 3735.65 to 3735.70, or section | 20418 |
| 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised | 20419 |
| Code, as indicated on the list of exempted property for the | 20420 |
| preceding tax year under section 5713.08 of the Revised Code and | 20421 |
| as if such property had been assessed for taxation that year, | 20422 |
| minus the product determined by multiplying (a) the aggregate | 20423 |
| value of the real property in the school district exempted from | 20424 |
| taxation for the preceding tax year under any of the chapters or | 20425 |
| sections specified in this division, by (b) a fraction, the | 20426 |
| numerator of which is the difference between (i) the amount of | 20427 |
| anticipated revenue such school district would have received for | 20428 |
| the preceding tax year if the real property exempted from taxation | 20429 |
| had not been exempted from taxation and (ii) the aggregate amount | 20430 |
| of payments in lieu of taxes on the exempt real property for the | 20431 |
| preceding tax year and other compensation received for the | 20432 |
| preceding tax year by the school district pursuant to any | 20433 |
| agreements entered into on or after January 1, 2006, under section | 20434 |
| 5709.82 of the Revised Code between the school district and the | 20435 |
| legislative authority of a political subdivision that acted under | 20436 |
| the authority of a chapter or statute specified in this division, | 20437 |
| that were entered into in relation to such exemption, and the | 20438 |
| denominator of which is the amount of anticipated revenue such | 20439 |
| school district would have received in the preceding fiscal year | 20440 |
| if the real property exempted from taxation had not been exempted. | 20441 |
| (8) For each school district receiving payments under | 20442 |
| division (B) or (C) of section 3317.0216 of the Revised Code | 20443 |
| during the current fiscal year, as included on the most recent | 20444 |
| list of such districts sent to the tax commissioner under division | 20445 |
| (F) of that section, the following: | 20446 |
| (a) The portion of the total amount of taxes charged and | 20447 |
| payable for current expenses certified under division (A)(3)(a) of | 20448 |
| this section that is attributable to each new levy approved and | 20449 |
| charged in the preceding tax year and the respective tax rate of | 20450 |
| each of those new levies; | 20451 |
| (b) The portion of the total taxes collected for current | 20452 |
| expenses under a school district income tax adopted pursuant to | 20453 |
| section 5748.03 or 5748.08 of the Revised Code, as certified under | 20454 |
| division (A)(2) of section 3317.08 of the Revised Code, that is | 20455 |
| attributable to each new school district income tax first | 20456 |
| effective in the current taxable year or in the preceding taxable | 20457 |
| year. | 20458 |
| (B) On or before the first day of May each year, the tax | 20459 |
| commissioner shall certify to the department of education and the | 20460 |
| office of budget and management the total taxable real property | 20461 |
| value of railroads and, separately, the total taxable tangible | 20462 |
| personal property value of all public utilities for the preceding | 20463 |
| tax year, by school district and by county of location. | 20464 |
| (C) If a public utility has properly and timely filed a | 20465 |
| petition for reassessment under section 5727.47 of the Revised | 20466 |
| Code with respect to an assessment issued under section 5727.23 of | 20467 |
| the Revised Code affecting taxable property apportioned by the tax | 20468 |
| commissioner to a school district, the taxable value of public | 20469 |
| utility tangible personal property included in the certification | 20470 |
| under divisions (A)(2) and (B) of this section for the school | 20471 |
| district shall include only the amount of taxable value on the | 20472 |
| basis of which the public utility paid tax for the preceding year | 20473 |
| as provided in division (B)(1) or (2) of section 5727.47 of the | 20474 |
| Revised Code. | 20475 |
| (D) If on the basis of the information certified under | 20476 |
| division (A) of this section, the department determines that any | 20477 |
| district fails in any year to meet the qualification requirement | 20478 |
| specified in division (A) of section 3317.01 of the Revised Code, | 20479 |
| the department shall immediately request the tax commissioner to | 20480 |
| determine the extent to which any school district income tax | 20481 |
| levied by the district under Chapter 5748. of the Revised Code | 20482 |
| shall be included in meeting that requirement. Within five days of | 20483 |
| receiving such a request from the department, the tax commissioner | 20484 |
| shall make the determination required by this division and report | 20485 |
| the quotient obtained under division (D)(3) of this section to the | 20486 |
| department and the office of budget and management. This quotient | 20487 |
| represents the number of mills that the department shall include | 20488 |
| in determining whether the district meets the qualification | 20489 |
| requirement of division (A) of section 3317.01 of the Revised | 20490 |
| Code. | 20491 |
| The tax commissioner shall make the determination required by | 20492 |
| this division as follows: | 20493 |
| (1) Multiply one mill times the total taxable value of the | 20494 |
| district as determined in divisions (A)(1) and (2) of this | 20495 |
| section; | 20496 |
| (2) Estimate the total amount of tax liability for the | 20497 |
| current tax year under taxes levied by Chapter 5748. of the | 20498 |
| Revised Code that are apportioned to current operating expenses of | 20499 |
| the district; | 20500 |
| (3) Divide the amount estimated under division (D)(2) of this | 20501 |
| section by the product obtained under division (D)(1) of this | 20502 |
| section. | 20503 |
| (E)(1) On or before June 1, 2006, and the first day of April | 20504 |
| of each year thereafter, the director of development shall report | 20505 |
| to the department of education | 20506 |
| director of budget and management the total amounts of payments | 20507 |
| received by each city, local, exempted village, or joint | 20508 |
| vocational school district for the preceding tax year pursuant to | 20509 |
| division (D) of section 5709.40, division (D) of section 5709.73, | 20510 |
| division (C) of section 5709.78, or division (B)(1), (B)(2), (C), | 20511 |
| or (D) of section 5709.82 of the Revised Code in relation to | 20512 |
| exemptions from taxation granted pursuant to an ordinance adopted | 20513 |
| by the legislative authority of a municipal corporation under | 20514 |
| division (C) of section 5709.40 of the Revised Code, or a | 20515 |
| resolution adopted by a board of township trustees or board of | 20516 |
| county commissioners under division (C) of section 5709.73 or | 20517 |
| division (B) of section 5709.78 of the Revised Code, respectively. | 20518 |
| On or before April 1, 2006, and the first day of March of each | 20519 |
| year thereafter, the treasurer of each city, local, exempted | 20520 |
| village, or joint vocational school district that has entered into | 20521 |
| such an agreement shall report to the director of development the | 20522 |
| total amounts of such payments the district received for the | 20523 |
| preceding tax year as provided in this section. The state board of | 20524 |
| education, in accordance with sections 3319.31 and 3319.311 of the | 20525 |
| Revised Code, may suspend or revoke the license of a treasurer | 20526 |
| found to have willfully reported erroneous, inaccurate, or | 20527 |
| incomplete data under this division. | 20528 |
| (2) On or before April 1, 2007, and the first day of April of | 20529 |
| each year thereafter, the director of development shall report to | 20530 |
| the department of education | 20531 |
| director of budget and management the total amounts of payments | 20532 |
| received by each city, local, exempted village, or joint | 20533 |
| vocational school district for the preceding tax year pursuant to | 20534 |
| divisions (B), (C), and (D) of section 5709.82 of the Revised Code | 20535 |
| in relation to exemptions from taxation granted pursuant to | 20536 |
| ordinances or resolutions adopted on or after January 1, 2006, | 20537 |
| under Chapter 725. or 1728., sections 3735.65 to 3735.70, or | 20538 |
| section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the | 20539 |
| Revised Code. On or before March 1, 2007, and the first day of | 20540 |
| March of each year thereafter, the treasurer of each city, local, | 20541 |
| exempted village, or joint vocational school district that has | 20542 |
| entered into such an agreement shall report to the director of | 20543 |
| development the total amounts of such payments the district | 20544 |
| received for the preceding tax year as provided by this section. | 20545 |
| The state board of education, in accordance with sections 3319.31 | 20546 |
| and 3319.311 of the Revised Code, may suspend or revoke the | 20547 |
| license of a treasurer found to have willfully reported erroneous, | 20548 |
| inaccurate, or incomplete data under this division. | 20549 |
| Sec. 3317.022. (A)(1) The department of education shall | 20550 |
| compute and distribute state base cost funding to each eligible | 20551 |
| school
district for the fiscal year
using
the
| 20552 |
| 20553 | |
| 20554 |
| | 20555 |
| 20556 |
| 20557 |
| 20558 |
| 20559 |
| 20560 |
| 20561 |
| 20562 |
| 20563 |
| 20564 |
| 20565 |
| If the difference obtained is a negative number, the | 20566 |
| district's computation shall be zero. | 20567 |
| (2) | 20568 |
| | 20569 |
| 20570 | |
| 20571 | |
| 20572 | |
| 20573 |
| | 20574 |
| 20575 |
| 20576 |
| 20577 |
| 20578 |
| 20579 |
| | 20580 |
| 20581 | |
| 20582 | |
| 20583 | |
| 20584 | |
| 20585 | |
| 20586 |
| | 20587 |
| value of the district equals or exceeds twenty-five per cent of | 20588 |
| the potential value of the district, the department of education | 20589 |
| shall calculate the difference between the district's tax exempt | 20590 |
| value and twenty-five per cent of the district's potential value. | 20591 |
| (b) For each school district to which division
(A) | 20592 |
| of this section applies, the department shall adjust the | 20593 |
| recognized valuation used in the calculation under division (A)(1) | 20594 |
| of this section by subtracting from it the amount calculated under | 20595 |
|
division (A) | 20596 |
| (B) As used in this section: | 20597 |
| (1) The "total special education weight" for a district means | 20598 |
| the sum of the following amounts: | 20599 |
| (a) The district's category one special education ADM | 20600 |
| multiplied by the multiple specified in division (A) of section | 20601 |
| 3317.013 of the Revised Code; | 20602 |
| (b) The district's category two special education ADM | 20603 |
| multiplied by the multiple specified in division (B) of section | 20604 |
| 3317.013 of the Revised Code; | 20605 |
| (c) The district's category three special education ADM | 20606 |
| multiplied by the multiple specified in division (C) of section | 20607 |
| 3317.013 of the Revised Code; | 20608 |
| (d) The district's category four special education ADM | 20609 |
| multiplied by the multiple specified in division (D) of section | 20610 |
| 3317.013 of the Revised Code; | 20611 |
| (e) The district's category five special education ADM | 20612 |
| multiplied by the multiple specified in division (E) of section | 20613 |
| 3317.013 of the Revised Code; | 20614 |
| (f) The district's category six special education ADM | 20615 |
| multiplied by the multiple specified in division (F) of section | 20616 |
| 3317.013 of the Revised Code. | 20617 |
| (2) "State share percentage" means the percentage calculated | 20618 |
| for a district as follows: | 20619 |
| (a) Calculate the state base cost funding amount for the | 20620 |
| district for the fiscal year under division (A) of this section. | 20621 |
| If the district would not receive any state base cost funding for | 20622 |
| that year under that division, the district's state share | 20623 |
| percentage is zero. | 20624 |
| (b) If the district would receive state base cost funding | 20625 |
| under that division, divide that amount by an amount equal to the | 20626 |
| following: | 20627 |
| 20628 |
| 20629 |
| 20630 |
| 20631 |
| 20632 |
| 20633 |
| 20634 |
| The resultant number is the district's state share | 20635 |
| percentage. | 20636 |
| (3) "Related services" includes: | 20637 |
| (a) Child study, special education supervisors and | 20638 |
| coordinators, speech and hearing services, adaptive physical | 20639 |
| development services, occupational or physical therapy, teacher | 20640 |
| assistants for handicapped children whose handicaps are described | 20641 |
| in division (B) of section 3317.013 or division (F)(3) of section | 20642 |
| 3317.02 of the Revised Code, behavioral intervention, interpreter | 20643 |
| services, work study, nursing services, and specialized | 20644 |
| integrative services as those terms are defined by the department; | 20645 |
| (b) Speech and language services provided to any student with | 20646 |
| a handicap, including any student whose primary or only handicap | 20647 |
| is a speech and language handicap; | 20648 |
| (c) Any related service not specifically covered by other | 20649 |
| state funds but specified in federal law, including but not | 20650 |
| limited to, audiology and school psychological services; | 20651 |
| (d) Any service included in units funded under former | 20652 |
|
division (O)(1) of
section | 20653 |
| (e) Any other related service needed by handicapped children | 20654 |
| in accordance with their individualized education plans. | 20655 |
| (4) The "total vocational education weight" for a district | 20656 |
| means the sum of the following amounts: | 20657 |
| (a) The district's category one vocational education ADM | 20658 |
| multiplied by the multiple specified in division (A) of section | 20659 |
| 3317.014 of the Revised Code; | 20660 |
| (b) The district's category two vocational education ADM | 20661 |
| multiplied by the multiple specified in division (B) of section | 20662 |
| 3317.014 of the Revised Code. | 20663 |
| (5) "Preschool scholarship ADM" means the number of | 20664 |
| handicapped preschool children reported under division (B)(3)(h) | 20665 |
| of section 3317.03 of the Revised Code. | 20666 |
| (C)(1) The department shall compute and distribute state | 20667 |
| special education and related services additional weighted costs | 20668 |
| funds to each school district in accordance with the following | 20669 |
| formula: | 20670 |
| 20671 |
| 20672 |
| 20673 |
| 20674 |
| (2) The attributed local share of special education and | 20675 |
| related services additional weighted costs equals: | 20676 |
| 20677 |
| 20678 |
| (3)(a) The department shall compute and pay in accordance | 20679 |
| with this division additional state aid to school districts for | 20680 |
| students in categories two through six special education ADM. If a | 20681 |
| district's costs for the fiscal year for a student in its | 20682 |
| categories two through six special education ADM exceed the | 20683 |
| threshold catastrophic cost for serving the student, the district | 20684 |
| may submit to the superintendent of public instruction | 20685 |
| documentation, as prescribed by the superintendent, of all its | 20686 |
| costs for that student. Upon submission of documentation for a | 20687 |
| student of the type and in the manner prescribed, the department | 20688 |
| shall pay to the district an amount equal to the sum of the | 20689 |
| following: | 20690 |
| (i) One-half of the district's costs for the student in | 20691 |
| excess of the threshold catastrophic cost; | 20692 |
| (ii) The product of one-half of the district's costs for the | 20693 |
| student in excess of the threshold catastrophic cost multiplied by | 20694 |
| the district's state share percentage. | 20695 |
| (b) For purposes of division (C)(3)(a) of this section, the | 20696 |
| threshold catastrophic cost for serving a student equals: | 20697 |
| (i) For a student in the school district's category two, | 20698 |
|
three, four, or five special education ADM, | 20699 |
| 20700 | |
| 20701 | |
| 20702 | |
| twenty-seven thousand three hundred seventy-five dollars in fiscal | 20703 |
| years 2008 and 2009; | 20704 |
| (ii) For a student in the district's category six special | 20705 |
|
education ADM, | 20706 |
| 20707 | |
| 20708 | |
| 20709 | |
| dollars in fiscal years 2008 and 2009. | 20710 |
| (c) The district shall only report under division (C)(3)(a) | 20711 |
| of this section, and the department shall only pay for, the costs | 20712 |
| of educational expenses and the related services provided to the | 20713 |
| student in accordance with the student's individualized education | 20714 |
| program. Any legal fees, court costs, or other costs associated | 20715 |
| with any cause of action relating to the student may not be | 20716 |
| included in the amount. | 20717 |
| (4)(a) As used in this division, the "personnel allowance" | 20718 |
|
means
thirty
thousand dollars
in fiscal
years | 20719 |
| 20720 |
| (b) For the provision of speech language pathology services | 20721 |
| to students, including students who do not have individualized | 20722 |
| education programs prepared for them under Chapter 3323. of the | 20723 |
| Revised Code, and for no other purpose, the department of | 20724 |
| education shall pay each school district an amount calculated | 20725 |
| under the following formula: | 20726 |
| 20727 |
| 20728 |
| 20729 |
| (5) In any fiscal year, a school district shall spend for | 20730 |
| purposes that the department designates as approved for special | 20731 |
| education and related services expenses at least the amount | 20732 |
| calculated as follows: | 20733 |
| 20734 |
| 20735 |
| 20736 |
| 20737 |
| The purposes approved by the department for special education | 20738 |
| expenses shall include, but shall not be limited to, | 20739 |
| identification of handicapped children, compliance with state | 20740 |
| rules governing the education of handicapped children and | 20741 |
| prescribing the continuum of program options for handicapped | 20742 |
| children, provision of speech language pathology services, and the | 20743 |
| portion of the school district's overall administrative and | 20744 |
| overhead costs that are attributable to the district's special | 20745 |
| education student population. | 20746 |
| The scholarships deducted from the school district's account | 20747 |
| under section 3310.41 or 3310.55 of the Revised Code shall be | 20748 |
| considered to be an approved special education and related | 20749 |
| services expense for the purpose of the school district's | 20750 |
| compliance with division (C)(5) of this section. | 20751 |
| The department shall require school districts to report data | 20752 |
| annually to allow for monitoring compliance with division (C)(5) | 20753 |
| of this section. The department shall annually report to the | 20754 |
| governor and the general assembly the amount of money spent by | 20755 |
| each school district for special education and related services. | 20756 |
| (6) In any fiscal year, a school district shall spend for the | 20757 |
| provision of speech language pathology services not less than the | 20758 |
| sum of the amount calculated under division (C)(1) of this section | 20759 |
| for the students in the district's category one special education | 20760 |
| ADM and the amount calculated under division (C)(4) of this | 20761 |
| section. | 20762 |
| The scholarships deducted from the school district's account | 20763 |
| under section 3310.55 of the Revised Code for students counted in | 20764 |
| the district's category one special education ADM shall be | 20765 |
| considered to be an approved speech language pathology services | 20766 |
| expense for the purpose of the school district's compliance with | 20767 |
| division (C)(6) of this section. | 20768 |
| (D)(1) As used in this division: | 20769 |
| | 20770 |
| 20771 |
| | 20772 |
| 20773 | |
| 20774 | |
| 20775 | |
| 20776 |
| | 20777 |
| 20778 |
| | 20779 |
| 20780 | |
| 20781 |
| | 20782 |
| 20783 | |
| 20784 | |
| 20785 | |
| 20786 | |
| 20787 | |
| 20788 |
| 20789 |
| 20790 |
| | 20791 |
| 20792 | |
| 20793 | |
| 20794 | |
| 20795 | |
| 20796 | |
| 20797 | |
| 20798 | |
| 20799 | |
| 20800 | |
| 20801 | |
| 20802 | |
| 20803 |
| | 20804 |
| 20805 | |
| 20806 | |
| 20807 | |
| 20808 | |
| 20809 | |
| 20810 | |
| 20811 | |
| 20812 | |
| 20813 | |
| 20814 |
| 20815 | |||||
| 20816 | |||||
| 20817 | |||||
| 20818 | |||||
| 20819 |
| | 20820 |
| 20821 | |
| 20822 |
| | 20823 |
| 20824 | |
| 20825 |
| | 20826 |
| 20827 | |
| 20828 |
| | 20829 |
| 20830 |
| | 20831 |
| 20832 | |
| 20833 |
| 20834 |
| 20835 |
| | 20836 |
| | 20837 |
| 20838 |
| 20839 |
| 20840 |
| 20841 |
| | 20842 |
| 20843 |
| | 20844 |
| 20845 | |
| 20846 | |
| 20847 | |
| 20848 | |
| 20849 | |
| 20850 |
| | 20851 |
| 20852 | |
| 20853 | |
| 20854 |
| | 20855 |
| 20856 | |
| 20857 |
| | 20858 |
| 20859 |
| 20860 |
| 20861 |
| 20862 |
| | 20863 |
| 20864 |
| | 20865 |
| 20866 | |
| 20867 |
| | 20868 |
| 20869 | |
| 20870 |
| | 20871 |
| transporting qualifying riders using the following types of | 20872 |
| transportation: | 20873 |
| (i) Board-owned, leased, and operated school buses; | 20874 |
| (ii) School bus service contracted from another school, | 20875 |
| including transportation in a consortium arrangement on buses | 20876 |
| managed and reported by another district or entity; | 20877 |
| (iii) Contractor-owned, leased, and operated school buses. | 20878 |
| (b) "Qualifying riders" are students transported living over | 20879 |
| one mile from school in grades kindergarten through twelve, | 20880 |
| including students with dual enrollment in a joint vocational or | 20881 |
| cooperative education district, nonpublic school students, and | 20882 |
| community school students. Only students eligible for a | 20883 |
| transportation payment under section 3327.01 of the Revised Code | 20884 |
| shall be included in this count. This count shall be determined as | 20885 |
| the average number of students transported during the first full | 20886 |
| week of October, and reported as required by the department of | 20887 |
| education. Adjustments to this count may be made only in | 20888 |
| accordance with rules adopted by the department. | 20889 |
| (c) "Nontraditional riders" are those qualifying riders being | 20890 |
| educated in a community school or a nonpublic school. | 20891 |
| (d) "Total miles" is the total miles driven for all types of | 20892 |
| transportation as listed under division (D)(1)(a) of this section. | 20893 |
| (e) "Transportation state share percentage" is the district's | 20894 |
| state share percentage, as defined in division (B)(2) of this | 20895 |
| section, as determined by the department for the district's second | 20896 |
| June state education aid payment of the previous fiscal year. | 20897 |
| (f) "Assigned bus" means a bus used for transporting regular | 20898 |
| education qualifying riders. | 20899 |
| (2) For each school district, the department shall determine | 20900 |
| the statewide average cost per student as follows: | 20901 |
| (a) Determine the district's cost per student by dividing the | 20902 |
| total costs of transportation in the previous fiscal year by total | 20903 |
| qualifying riders in the previous fiscal year for each district. | 20904 |
| (b) Exclude from the determination under division (D)(2)(a) | 20905 |
| of this section the ten districts with the highest cost per | 20906 |
| student and the ten districts with the lowest cost per student. | 20907 |
| (c) After excluding the districts as prescribed in division | 20908 |
| (D)(2)(b) of this section, determine the statewide average cost | 20909 |
| per student by dividing the aggregate statewide total costs of | 20910 |
| transportation by the aggregate statewide total qualifying riders. | 20911 |
| (3) For each school district, the department shall determine | 20912 |
| the statewide average cost per mile as follows: | 20913 |
| (a) Determine the district's cost per mile by dividing the | 20914 |
| total costs of transportation in the previous fiscal year by the | 20915 |
| total miles in the previous fiscal year for each district. | 20916 |
| (b) Exclude from the determination made under division | 20917 |
| (D)(3)(a) of this section, the ten districts with the highest cost | 20918 |
| per mile and the ten districts with the lowest cost per mile. | 20919 |
| (c) After excluding the districts as prescribed in division | 20920 |
| (D)(3)(b) of this section, determine the statewide average cost | 20921 |
| per mile by dividing the aggregate statewide total miles for all | 20922 |
| districts by the aggregate statewide total qualifying riders. | 20923 |
| (4) For each school district, the department shall determine | 20924 |
| each district's base calculation as follows: | 20925 |
| (a) Determine the per student base by multiplying the state | 20926 |
| average cost per student as determined under division (D)(2)(a) of | 20927 |
| this section by the district's current year total qualifying | 20928 |
| riders. | 20929 |
| (b) Determine the per mile base by multiplying the state | 20930 |
| average cost per mile as determined under division (D)(3)(a) of | 20931 |
| this section by the district's current year total miles. | 20932 |
| (c) Determine the current year base by multiplying the | 20933 |
| greater of the amount determined under division (D)(4)(a) or (b) | 20934 |
| of this section by the greater of sixty per cent or the district's | 20935 |
| transportation state share percentage as defined under division | 20936 |
| (D)(1) of this section. | 20937 |
| (5) For each school district, the department calculate the | 20938 |
| district's nontraditional student adjustment as follows: | 20939 |
| (a) Determine the district's nontraditional student ratio by | 20940 |
| dividing total nontraditional riders by total qualifying riders. | 20941 |
| (b) Multiply the ratio determined under division (D)(5)(a) of | 20942 |
| this section by 0.1. | 20943 |
| (c) Multiply the product calculated under division (D)(5)(b) | 20944 |
| of this section by the district's current year base. | 20945 |
| (6) If a district provides any of the types of transportation | 20946 |
| listed in division (D)(1)(a) of this section to all of its high | 20947 |
| school students, the department shall multiply the district's | 20948 |
| current year base by 0.025. | 20949 |
| (7) If a district provides any of the types of transportation | 20950 |
| listed in division (D)(1)(a) of this section to students in grades | 20951 |
| kindergarten to eight living less than two miles from school but | 20952 |
| greater than one mile from school, the district's current year | 20953 |
| base shall be multiplied by 0.025. | 20954 |
| (8) For each school district, the department shall calculate | 20955 |
| an adjustment based upon efficiency. "Efficiency" means the | 20956 |
| ability to exceed a target number of riders per assigned bus. The | 20957 |
| target value shall be recalculated each year based upon current | 20958 |
| year data, and based upon the median riders per assigned bus. | 20959 |
| (a) Each district's efficiency target shall be adjusted based | 20960 |
| upon its ridership density, using a formula that compares its | 20961 |
| ridership density with other districts, and adjusts the ridership | 20962 |
| target based upon that relative density. | 20963 |
| (b) The efficiency index for each district shall be | 20964 |
| determined by dividing each district's current year qualifying | 20965 |
| riders per assigned bus by its target riders per assigned bus. | 20966 |
| (c) The efficiency adjustment for each district shall be as | 20967 |
| follows: | 20968 |
| (i) If the district's efficiency index is greater than or | 20969 |
| equal to 1.5, the efficiency adjustment is ten per cent times the | 20970 |
| current year base. | 20971 |
| (ii) If the district's efficiency index is less than 1.5 but | 20972 |
| greater than or equal to 1.0, the district's efficiency adjustment | 20973 |
| is as follows: | 20974 |
| [(the district's efficiency index minus one) divided by five] | 20975 |
| times the current year base. | 20976 |
| (iii) If the district's efficiency index is less than 1.0, | 20977 |
| the district's efficiency adjustment is zero. | 20978 |
| (d) The department shall publish on its web site the | 20979 |
| efficiency index for each district and the details of how the | 20980 |
| index was calculated. | 20981 |
| (9) Each district shall be paid the lesser of the amount | 20982 |
| described in division (D)(9)(a) or (b) of this section: | 20983 |
| (a) The sum of the amounts determined under divisions | 20984 |
| (D)(4)(c), (5)(c), (6), (7), and (8)(c) of this section; | 20985 |
| (b) The district's total actual cost from the prior fiscal | 20986 |
| year. | 20987 |
| (10) In addition to funds paid under | 20988 |
| division (D)(9) of this section, each district shall receive in | 20989 |
| accordance with rules adopted by the state board of education a | 20990 |
| payment for students transported by means other than board-owned | 20991 |
| or contractor-operated buses and whose transportation is not | 20992 |
| funded under division (G) of section 3317.024 of the Revised Code. | 20993 |
| The rules shall include provisions for school district reporting | 20994 |
| of such students. | 20995 |
| (E)(1) The department shall compute and distribute state | 20996 |
| vocational education additional weighted costs funds to each | 20997 |
| school district in accordance with the following formula: | 20998 |
| 20999 |
| 21000 |
| 21001 |
| In any fiscal year, a school district receiving funds under | 21002 |
| division (E)(1) of this section shall spend those funds only for | 21003 |
| the purposes that the department designates as approved for | 21004 |
| vocational education expenses. Vocational educational expenses | 21005 |
| approved by the department shall include only expenses connected | 21006 |
| to the delivery of career-technical programming to | 21007 |
| career-technical students. The department shall require the school | 21008 |
| district to report data annually so that the department may | 21009 |
| monitor the district's compliance with the requirements regarding | 21010 |
| the manner in which funding received under division (E)(1) of this | 21011 |
| section may be spent. | 21012 |
| (2) The department shall compute for each school district | 21013 |
| state funds for vocational education associated services in | 21014 |
| accordance with the following formula: | 21015 |
| 21016 |
| 21017 |
| In any fiscal year, a school district receiving funds under | 21018 |
| division (E)(2) of this section, or through a transfer of funds | 21019 |
| pursuant to division (L) of section 3317.023 of the Revised Code, | 21020 |
| shall spend those funds only for the purposes that the department | 21021 |
| designates as approved for vocational education associated | 21022 |
| services expenses, which may include such purposes as | 21023 |
| apprenticeship coordinators, coordinators for other vocational | 21024 |
| education services, vocational evaluation, and other purposes | 21025 |
| designated by the department. The department may deny payment | 21026 |
| under division (E)(2) of this section to any district that the | 21027 |
| department determines is not operating those services or is using | 21028 |
| funds paid under division (E)(2) of this section, or through a | 21029 |
| transfer of funds pursuant to division (L) of section 3317.023 of | 21030 |
| the Revised Code, for other purposes. | 21031 |
| (F) The actual local share in any fiscal year for the | 21032 |
| combination of special education and related services additional | 21033 |
| weighted costs funding calculated under division (C)(1) of this | 21034 |
| section, transportation funding calculated under divisions (D)(2) | 21035 |
| and (3) of this section, and vocational education and associated | 21036 |
| services additional weighted costs funding calculated under | 21037 |
| divisions (E)(1) and (2) of this section shall not exceed for any | 21038 |
| school district the product of three and three-tenths mills times | 21039 |
| the district's recognized valuation. The department annually shall | 21040 |
| pay each school district as an excess cost supplement any amount | 21041 |
| by which the sum of the district's attributed local shares for | 21042 |
| that funding exceeds that product. For purposes of calculating the | 21043 |
| excess cost supplement: | 21044 |
| (1) The attributed local share for special education and | 21045 |
| related services additional weighted costs funding is the amount | 21046 |
| specified in division (C)(2) of this section. | 21047 |
| (2) The attributed local share of transportation funding | 21048 |
|
equals | 21049 |
| 21050 | |
| 21051 | |
| 21052 | |
| 21053 | |
| transportation funding calculated by the department for the | 21054 |
| previous fiscal year. | 21055 |
| (3) The attributed local share of vocational education and | 21056 |
| associated services additional weighted costs funding is the | 21057 |
| amount determined as follows: | 21058 |
| 21059 |
| 21060 |
| 21061 |
| 21062 |
| Sec. 3317.023. (A) Notwithstanding section 3317.022 of the | 21063 |
| Revised Code, the amounts required to be paid to a district under | 21064 |
| this chapter shall be adjusted by the amount of the computations | 21065 |
|
made under divisions (B) to
| 21066 |
| As used in this section: | 21067 |
| (1) "Classroom teacher" means a licensed employee who | 21068 |
| provides direct instruction to pupils, excluding teachers funded | 21069 |
| from money paid to the district from federal sources; educational | 21070 |
| service personnel; and vocational and special education teachers. | 21071 |
| (2) "Educational service personnel" shall not include such | 21072 |
| specialists funded from money paid to the district from federal | 21073 |
| sources or assigned full-time to vocational or special education | 21074 |
| students and classes and may only include those persons employed | 21075 |
| in the eight specialist areas in a pattern approved by the | 21076 |
| department of education under guidelines established by the state | 21077 |
| board of education. | 21078 |
| (3) "Annual salary" means the annual base salary stated in | 21079 |
| the state minimum salary schedule for the performance of the | 21080 |
| teacher's regular teaching duties that the teacher earns for | 21081 |
| services rendered for the first full week of October of the fiscal | 21082 |
| year for which the adjustment is made under division (C) of this | 21083 |
| section. It shall not include any salary payments for supplemental | 21084 |
| teachers contracts. | 21085 |
| (4) "Regular student population" means the formula ADM plus | 21086 |
| the number of students reported as enrolled in the district | 21087 |
| pursuant to division (A)(1) of section 3313.981 of the Revised | 21088 |
| Code; minus the number of students reported under division (A)(2) | 21089 |
| of section 3317.03 of the Revised Code; minus the FTE of students | 21090 |
| reported under division (B)(6), (7), (8), (9), (10), (11), or (12) | 21091 |
| of that section who are enrolled in a vocational education class | 21092 |
| or receiving special education; and minus twenty per cent of the | 21093 |
| students enrolled concurrently in a joint vocational school | 21094 |
| district. | 21095 |
| (5) "State share percentage" has the same meaning as in | 21096 |
| section 3317.022 of the Revised Code. | 21097 |
| (6) "VEPD" means a school district or group of school | 21098 |
| districts designated by the department of education as being | 21099 |
| responsible for the planning for and provision of vocational | 21100 |
| education services to students within the district or group. | 21101 |
| (7) "Lead district" means a school district, including a | 21102 |
| joint vocational school district, designated by the department as | 21103 |
| a VEPD, or designated to provide primary vocational education | 21104 |
| leadership within a VEPD composed of a group of districts. | 21105 |
| (B) If the district employs less than one full-time | 21106 |
| equivalent classroom teacher for each twenty-five pupils in the | 21107 |
| regular student population in any school district, deduct the sum | 21108 |
| of the amounts obtained from the following computations: | 21109 |
| (1) Divide the number of the district's full-time equivalent | 21110 |
| classroom teachers employed by one twenty-fifth; | 21111 |
| (2) Subtract the quotient in (1) from the district's regular | 21112 |
| student population; | 21113 |
| (3) Multiply the difference in (2) by seven hundred fifty-two | 21114 |
| dollars. | 21115 |
| (C) If a positive amount, add one-half of the amount obtained | 21116 |
| by multiplying the number of full-time equivalent classroom | 21117 |
| teachers by: | 21118 |
| (1) The mean annual salary of all full-time equivalent | 21119 |
| classroom teachers employed by the district at their respective | 21120 |
| training and experience levels minus; | 21121 |
| (2) The mean annual salary of all such teachers at their | 21122 |
| respective levels in all school districts receiving payments under | 21123 |
| this section. | 21124 |
| The number of full-time equivalent classroom teachers used in | 21125 |
| this computation shall not exceed one twenty-fifth of the | 21126 |
| district's regular student population. In calculating the | 21127 |
| district's mean salary under this division, those full-time | 21128 |
| equivalent classroom teachers with the highest training level | 21129 |
| shall be counted first, those with the next highest training level | 21130 |
| second, and so on, in descending order. Within the respective | 21131 |
| training levels, teachers with the highest years of service shall | 21132 |
| be counted first, the next highest years of service second, and so | 21133 |
| on, in descending order. | 21134 |
| (D) This division does not apply to a school district that | 21135 |
| has entered into an agreement under division (A) of section | 21136 |
| 3313.42 of the Revised Code. Deduct the amount obtained from the | 21137 |
| following computations if the district employs fewer than five | 21138 |
| full-time equivalent educational service personnel, including | 21139 |
| elementary school art, music, and physical education teachers, | 21140 |
| counselors, librarians, visiting teachers, school social workers, | 21141 |
| and school nurses for each one thousand pupils in the regular | 21142 |
| student population: | 21143 |
| (1) Divide the number of full-time equivalent educational | 21144 |
| service personnel employed by the district by five | 21145 |
| one-thousandths; | 21146 |
| (2) Subtract the quotient in (1) from the district's regular | 21147 |
| student population; | 21148 |
| (3) Multiply the difference in (2) by ninety-four dollars. | 21149 |
| (E) If a local school district, or a city or exempted village | 21150 |
| school district to which a governing board of an educational | 21151 |
| service center provides services pursuant to section 3313.843 of | 21152 |
| the Revised Code, deduct the amount of the payment required for | 21153 |
| the reimbursement of the governing board under section 3317.11 of | 21154 |
| the Revised Code. | 21155 |
| (F)(1) If the district is required to pay to or entitled to | 21156 |
| receive tuition from another school district under division (C)(2) | 21157 |
| or (3) of section 3313.64 or section 3313.65 of the Revised Code, | 21158 |
| or if the superintendent of public instruction is required to | 21159 |
| determine the correct amount of tuition and make a deduction or | 21160 |
| credit under section 3317.08 of the Revised Code, deduct and | 21161 |
| credit such amounts as provided in division (J) of section 3313.64 | 21162 |
| or section 3317.08 of the Revised Code. | 21163 |
| (2) For each child for whom the district is responsible for | 21164 |
| tuition or payment under division (A)(1) of section 3317.082 or | 21165 |
| section 3323.091 of the Revised Code, deduct the amount of tuition | 21166 |
| or payment for which the district is responsible. | 21167 |
| (G) If the district has been certified by the superintendent | 21168 |
| of public instruction under section 3313.90 of the Revised Code as | 21169 |
| not in compliance with the requirements of that section, deduct an | 21170 |
| amount equal to ten per cent of the amount computed for the | 21171 |
| district under section 3317.022 of the Revised Code. | 21172 |
| (H) If the district has received a loan from a commercial | 21173 |
| lending institution for which payments are made by the | 21174 |
| superintendent of public instruction pursuant to division (E)(3) | 21175 |
| of section 3313.483 of the Revised Code, deduct an amount equal to | 21176 |
| such payments. | 21177 |
| (I)(1) If the district is a party to an agreement entered | 21178 |
| into under division (D), (E), or (F) of section 3311.06 or | 21179 |
| division (B) of section 3311.24 of the Revised Code and is | 21180 |
| obligated to make payments to another district under such an | 21181 |
| agreement, deduct an amount equal to such payments if the district | 21182 |
| school board notifies the department in writing that it wishes to | 21183 |
| have such payments deducted. | 21184 |
| (2) If the district is entitled to receive payments from | 21185 |
| another district that has notified the department to deduct such | 21186 |
| payments under division (I)(1) of this section, add the amount of | 21187 |
| such payments. | 21188 |
| (J) If the district is required to pay an amount of funds to | 21189 |
| a cooperative education district pursuant to a provision described | 21190 |
| by division (B)(4) of section 3311.52 or division (B)(8) of | 21191 |
| section 3311.521 of the Revised Code, deduct such amounts as | 21192 |
| provided under that provision and credit those amounts to the | 21193 |
| cooperative education district for payment to the district under | 21194 |
| division (B)(1) of section 3317.19 of the Revised Code. | 21195 |
| (K)(1) If a district is educating a student entitled to | 21196 |
| attend school in another district pursuant to a shared education | 21197 |
| contract, compact, or cooperative education agreement other than | 21198 |
| an agreement entered into pursuant to section 3313.842 of the | 21199 |
| Revised Code, credit to that educating district on an FTE basis | 21200 |
| both of the following: | 21201 |
| (a) An amount equal to the | 21202 |
| | 21203 |
| 21204 | |
| 21205 | |
| 21206 |
| | 21207 |
| 21208 | |
| 21209 | |
| 21210 | |
| base funding supplements specified in divisions (C)(1) to (4) of | 21211 |
| section 3317.012 of the Revised Code. | 21212 |
| (b) An amount equal to the current formula amount times the | 21213 |
| state share percentage times any multiple applicable to the | 21214 |
| student pursuant to section 3317.013 or 3317.014 of the Revised | 21215 |
| Code. | 21216 |
| (2) Deduct any amount credited pursuant to division (K)(1) of | 21217 |
| this section from amounts paid to the school district in which the | 21218 |
| student is entitled to attend school pursuant to section 3313.64 | 21219 |
| or 3313.65 of the Revised Code. | 21220 |
| (3) If the district is required by a shared education | 21221 |
| contract, compact, or cooperative education agreement to make | 21222 |
| payments to an educational service center, deduct the amounts from | 21223 |
| payments to the district and add them to the amounts paid to the | 21224 |
| service center pursuant to section 3317.11 of the Revised Code. | 21225 |
| (L)(1) If a district, including a joint vocational school | 21226 |
| district, is a lead district of a VEPD, credit to that district | 21227 |
| the amounts calculated for all the school districts within that | 21228 |
| VEPD pursuant to division (E)(2) of section 3317.022 of the | 21229 |
| Revised Code. | 21230 |
| (2) Deduct from each appropriate district that is not a lead | 21231 |
| district, the amount attributable to that district that is | 21232 |
| credited to a lead district under division (L)(1) of this section. | 21233 |
| (M) If the department pays a joint vocational school district | 21234 |
| under division (G)(4) of section 3317.16 of the Revised Code for | 21235 |
| excess costs of providing special education and related services | 21236 |
| to a handicapped student, as calculated under division (G)(2) of | 21237 |
| that section, the department shall deduct the amount of that | 21238 |
| payment from the city, local, or exempted village school district | 21239 |
| that is responsible as specified in that section for the excess | 21240 |
| costs. | 21241 |
| (N)(1) If the district reports an amount of excess cost for | 21242 |
| special education services for a child under division (C) of | 21243 |
| section 3323.14 of the Revised Code, the department shall pay that | 21244 |
| amount to the district. | 21245 |
| (2) If the district reports an amount of excess cost for | 21246 |
| special education services for a child under division (C) of | 21247 |
| section 3323.14 of the Revised Code, the department shall deduct | 21248 |
| that amount from the district of residence of that child. | 21249 |
| (O) If the department of job and family services presents to | 21250 |
| the department of education a payment request through an | 21251 |
| intrastate transfer voucher for the nonfederal share of | 21252 |
| reimbursements made to a school district for medicaid services | 21253 |
| provided by the district, the department of education shall pay | 21254 |
| the amount of that request to the department of job and family | 21255 |
| services and shall deduct the amount of that payment from the | 21256 |
| district. | 21257 |
| (P) If the department is required to pay an amount under | 21258 |
| section 3353.25 of the Revised Code to a school district | 21259 |
| delivering a course included in the clearinghouse established | 21260 |
| under section 3353.21 of the Revised Code for a student enrolled | 21261 |
| in a school district, the department shall deduct that amount from | 21262 |
| the school district in which the student is enrolled. | 21263 |
| Sec. 3317.024. In addition to the moneys paid to eligible | 21264 |
| school districts pursuant to section 3317.022 of the Revised Code, | 21265 |
| moneys appropriated for the education programs in divisions (A) to | 21266 |
| (I), (K), (L), and (N) of this section shall be distributed to | 21267 |
| school districts meeting the requirements of section 3317.01 of | 21268 |
| the Revised Code; in the case of divisions (G) and (L) of this | 21269 |
| section, to educational service centers as provided in section | 21270 |
| 3317.11 of the Revised Code; in the case of divisions (D) and (J) | 21271 |
| of this section, to county MR/DD boards; in the case of division | 21272 |
| (N) of this section, to joint vocational school districts; in the | 21273 |
| case of division (H) of this section, to cooperative education | 21274 |
| school districts; and in the case of division (M) of this section, | 21275 |
| to the institutions defined under section 3317.082 of the Revised | 21276 |
| Code providing elementary or secondary education programs to | 21277 |
| children other than children receiving special education under | 21278 |
| section 3323.091 of the Revised Code. The following shall be | 21279 |
| distributed monthly, quarterly, or annually as may be determined | 21280 |
| by the state board of education: | 21281 |
| (A) An amount for each island school district and each joint | 21282 |
| state school district for the operation of each high school and | 21283 |
| each elementary school maintained within such district and for | 21284 |
| capital improvements for such schools. Such amounts shall be | 21285 |
| determined on the basis of standards adopted by the state board of | 21286 |
| education. | 21287 |
| (B) An amount for each school district operating classes for | 21288 |
| children of migrant workers who are unable to be in attendance in | 21289 |
| an Ohio school during the entire regular school year. The amounts | 21290 |
| shall be determined on the basis of standards adopted by the state | 21291 |
| board of education, except that payment shall be made only for | 21292 |
| subjects regularly offered by the school district providing the | 21293 |
| classes. | 21294 |
| (C) An amount for each school district with guidance, | 21295 |
| testing, and counseling programs approved by the state board of | 21296 |
| education. The amount shall be determined on the basis of | 21297 |
| standards adopted by the state board of education. | 21298 |
| (D) An amount for the emergency purchase of school buses as | 21299 |
| provided for in section 3317.07 of the Revised Code; | 21300 |
| (E) An amount for each school district required to pay | 21301 |
| tuition for a child in an institution maintained by the department | 21302 |
| of youth services pursuant to section 3317.082 of the Revised | 21303 |
| Code, provided the child was not included in the calculation of | 21304 |
| the district's average daily membership for the preceding school | 21305 |
| year. | 21306 |
| (F) An amount for adult basic literacy education for each | 21307 |
| district participating in programs approved by the state board of | 21308 |
| education. The amount shall be determined on the basis of | 21309 |
| standards adopted by the state board of education. | 21310 |
| (G) An amount for the approved cost of transporting eligible | 21311 |
| pupils with disabilities attending a special education program | 21312 |
| approved by the department of education whom it is impossible or | 21313 |
| impractical to transport by regular school bus in the course of | 21314 |
| regular route transportation provided by the district or service | 21315 |
| center. No district or service center is eligible to receive a | 21316 |
| payment under this division for the cost of transporting any pupil | 21317 |
| whom it transports by regular school bus and who is included in | 21318 |
| the district's transportation ADM. The state board of education | 21319 |
| shall establish standards and guidelines for use by the department | 21320 |
| of education in determining the approved cost of such | 21321 |
| transportation for each district or service center. | 21322 |
| (H) An amount to each school district, including each | 21323 |
| cooperative education school district, pursuant to section 3313.81 | 21324 |
| of the Revised Code to assist in providing free lunches to needy | 21325 |
| children and an amount to assist needy school districts in | 21326 |
| purchasing necessary equipment for food preparation. The amounts | 21327 |
| shall be determined on the basis of rules adopted by the state | 21328 |
| board of education. | 21329 |
| (I) An amount to each school district, for each pupil | 21330 |
| attending a chartered nonpublic elementary or high school within | 21331 |
| the district. The amount shall equal the amount appropriated for | 21332 |
| the implementation of section 3317.06 of the Revised Code divided | 21333 |
| by the average daily membership in grades kindergarten through | 21334 |
| twelve in nonpublic elementary and high schools within the state | 21335 |
| as determined during the first full week in October of each school | 21336 |
| year. | 21337 |
| (J) An amount for each county MR/DD board, distributed on the | 21338 |
| basis of standards adopted by the state board of education, for | 21339 |
| the approved cost of transportation required for children | 21340 |
| attending special education programs operated by the county MR/DD | 21341 |
| board under section 3323.09 of the Revised Code; | 21342 |
| (K) An amount for each school district that establishes a | 21343 |
| mentor teacher program that complies with rules of the state board | 21344 |
| of education. No school district shall be required to establish or | 21345 |
| maintain such a program in any year unless sufficient funds are | 21346 |
| appropriated to cover the district's total costs for the program. | 21347 |
| (L) An amount to each school district or educational service | 21348 |
| center for the total number of gifted units approved pursuant to | 21349 |
| section 3317.05 of the Revised Code. The amount for each such unit | 21350 |
| shall be the sum of the minimum salary for the teacher of the | 21351 |
| unit, calculated on the basis of the teacher's training level and | 21352 |
| years of experience pursuant to the salary schedule prescribed in | 21353 |
| the version of section 3317.13 of the Revised Code in effect prior | 21354 |
| to July 1, 2001, plus fifteen per cent of that minimum salary | 21355 |
| amount, plus two thousand six hundred seventy-eight dollars. | 21356 |
| (M) An amount to each institution defined under section | 21357 |
| 3317.082 of the Revised Code providing elementary or secondary | 21358 |
| education to children other than children receiving special | 21359 |
| education under section 3323.091 of the Revised Code. This amount | 21360 |
| for any institution in any fiscal year shall equal the total of | 21361 |
| all tuition amounts required to be paid to the institution under | 21362 |
| division (A)(1) of section 3317.082 of the Revised Code. | 21363 |
| (N) A grant to each school district and joint vocational | 21364 |
| school district that operates a "graduation, reality, and | 21365 |
| dual-role skills" (GRADS) program for pregnant and parenting | 21366 |
| students that is approved by the department. The amount of the | 21367 |
| payment shall be the district's state share percentage, as defined | 21368 |
| in section 3317.022 or 3317.16 of the Revised Code, times the | 21369 |
| GRADS personnel allowance times the full-time-equivalent number of | 21370 |
| GRADS teachers approved by the department. The GRADS personnel | 21371 |
|
allowance is
$47,555 in fiscal
years | 21372 |
| 2008 and 2009. | 21373 |
| The state board of education or any other board of education | 21374 |
| or governing board may provide for any resident of a district or | 21375 |
| educational service center territory any educational service for | 21376 |
| which funds are made available to the board by the United States | 21377 |
| under the authority of public law, whether such funds come | 21378 |
| directly or indirectly from the United States or any agency or | 21379 |
| department thereof or through the state or any agency, department, | 21380 |
| or political subdivision thereof. | 21381 |
| Sec. 3317.025. On or before the first day of June of each | 21382 |
| year, the tax commissioner shall certify the following information | 21383 |
| to the department of education and the office of budget and | 21384 |
| management, for each school district in which the value of the | 21385 |
| property described under division (A) of this section exceeds one | 21386 |
| per cent of the taxable value of all real and tangible personal | 21387 |
| property in the district or in which is located tangible personal | 21388 |
| property designed for use or used in strip mining operations, | 21389 |
| whose taxable value exceeds five million dollars, and the taxes | 21390 |
| upon which the district is precluded from collecting by virtue of | 21391 |
| legal proceedings to determine the value of such property: | 21392 |
| (A) The total taxable value of all property in the district | 21393 |
| owned by a public utility or railroad that has filed a petition | 21394 |
| for reorganization under the "Bankruptcy Act," 47 Stat. 1474 | 21395 |
| (1898), 11 U.S.C. 205, as amended, and all tangible personal | 21396 |
| property in the district designed for use or used in strip mining | 21397 |
| operations whose taxable value exceeds five million dollars upon | 21398 |
| which have not been paid in full on or before the first day of | 21399 |
| April of that calendar year all real and tangible personal | 21400 |
| property taxes levied for the preceding calendar year and which | 21401 |
| the district was precluded from collecting by virtue of | 21402 |
| proceedings under section 205 of said act or by virtue of legal | 21403 |
| proceedings to determine the tax liability of such strip mining | 21404 |
| equipment; | 21405 |
| (B) The percentage of the total operating taxes charged and | 21406 |
| payable for school district purposes levied against such valuation | 21407 |
| for the preceding calendar year that have not been paid by such | 21408 |
| date; | 21409 |
| (C) The product obtained by multiplying the value certified | 21410 |
| under division (A) of this section by the percentage certified | 21411 |
| under division (B) of this section. If the value certified under | 21412 |
| division (A) of this section includes taxable property owned by a | 21413 |
| public utility or railroad that has filed a petition for | 21414 |
| reorganization under the bankruptcy act, the amount used in making | 21415 |
| the calculation under this division shall be reduced by one per | 21416 |
| cent of the total value of all real and tangible personal property | 21417 |
| in the district or the value of the utility's or railroad's | 21418 |
| property, whichever is less. | 21419 |
| Upon receipt of the certification, the department shall | 21420 |
| recompute the payments required under section 3317.022 of the | 21421 |
| Revised Code in the manner the payments would have been computed | 21422 |
| if: | 21423 |
| (1) The amount certified under division (C) of this section | 21424 |
| was not subject to taxation by the district and was not included | 21425 |
| in the certification made under division (A)(1), (A)(2), or (D) of | 21426 |
| section 3317.021 of the Revised Code. | 21427 |
| (2) The amount of taxes charged and payable and unpaid and | 21428 |
| used to make the computation under division (B) of this section | 21429 |
| had not been levied and had not been used in the computation | 21430 |
| required by division (B) of section 3317.021 of the Revised Code. | 21431 |
| The department shall pay the district that amount in the ensuing | 21432 |
| fiscal year in lieu of the amounts computed under section 3317.022 | 21433 |
| of the Revised Code. | 21434 |
| If a school district received a grant from the catastrophic | 21435 |
| expenditures account pursuant to division (C) of section 3316.20 | 21436 |
| of the Revised Code on the basis of the same circumstances for | 21437 |
| which a recomputation is made under this section, the amount of | 21438 |
| the recomputation shall be reduced and transferred in accordance | 21439 |
| with division (C) of section 3316.20 of the Revised Code. | 21440 |
| Sec. 3317.026. (A) As used in this section, "refunded taxes" | 21441 |
| means taxes charged and payable from real and tangible personal | 21442 |
| property, including public utility property, that have been found | 21443 |
| to have been overpaid as the result of reductions in the taxable | 21444 |
| value of such property and that have been refunded, including any | 21445 |
| interest or penalty refunded with those taxes. If taxes are | 21446 |
| refunded over a period of time pursuant to division (B)(2), (3), | 21447 |
| or (4) of section 319.36 or division (C) of section 5727.471 of | 21448 |
| the Revised Code, the total amount of taxes required to be | 21449 |
| refunded, excluding any interest accruing after the day the | 21450 |
| undertaking is entered into, shall be considered to have been | 21451 |
| refunded on the day the first portion of the overpayment is paid | 21452 |
| or credited. | 21453 |
| (B) Not later than the last day of February each year, each | 21454 |
| county auditor shall certify to the tax commissioner, for each | 21455 |
| school district in the county, the amount of refunded taxes | 21456 |
| refunded in the preceding calendar year and the reductions in | 21457 |
| taxable value that resulted in those refunds, except for | 21458 |
| reductions in taxable value that previously have been reported to | 21459 |
| the tax commissioner on an abstract. If the tax commissioner | 21460 |
| determines that the amount of refunded taxes certified for a | 21461 |
| school district exceeds three per cent of the total taxes charged | 21462 |
| and payable for current expenses of the school district for the | 21463 |
| calendar year in which those taxes were refunded, the tax | 21464 |
| commissioner shall certify the reductions in taxable value that | 21465 |
| resulted in those refunds on or before the first day of June to | 21466 |
| the department of education and the office of budget and | 21467 |
| management. Upon receiving the certification by the tax | 21468 |
| commissioner, the department of education shall reduce the total | 21469 |
| taxable value of the school district, as defined in section | 21470 |
| 3317.02 of the Revised Code, by the total amount of the reductions | 21471 |
| in taxable value that resulted in those refunds for the purpose of | 21472 |
|
computing the | 21473 |
| district for the current fiscal year. The increase in the amount | 21474 |
| of such aid resulting from the adjustment required by this section | 21475 |
| shall be paid to the school district | 21476 |
| 21477 | |
| be determined by the director of budget and management. The | 21478 |
| director shall select a payment date that is not earlier than the | 21479 |
| first day of June of the current fiscal year and not later than | 21480 |
| the thirty-first day of July of the following fiscal year. The | 21481 |
| department of education shall not pay the district under this | 21482 |
| section prior to approval by the director of budget and management | 21483 |
| to make that payment. | 21484 |
| If an adjustment is made under this division in the amount of | 21485 |
| state aid paid to a school district, the tax value reductions from | 21486 |
| which that adjustment results shall not be used in recomputing aid | 21487 |
| to a school district under section 3317.027 of the Revised Code. | 21488 |
| (C) If a school district received a grant from the | 21489 |
| catastrophic expenditures account pursuant to division (C) of | 21490 |
| section 3316.20 of the Revised Code on the basis of the same | 21491 |
| circumstances for which an adjustment is made under this section, | 21492 |
| the amount of the adjustment shall be reduced and transferred in | 21493 |
| accordance with division (C) of section 3316.20 of the Revised | 21494 |
| Code. | 21495 |
| (D) Not later than the first day of June each year, the tax | 21496 |
| commissioner shall certify to the department of education and the | 21497 |
| office of budget and management for each school district the total | 21498 |
| of the increases in taxable value above the amount of taxable | 21499 |
| value on which tax was paid, as provided in division (B)(1) or (2) | 21500 |
| of section 5727.47 of the Revised Code, as determined by the | 21501 |
| commissioner, and for which a notification was sent pursuant to | 21502 |
| section 5727.471 of the Revised Code, in the preceding calendar | 21503 |
| year. Upon receiving the certification, the department shall | 21504 |
| increase the total taxable value, as defined in section 3317.02 of | 21505 |
| the Revised Code, of the school district by the total amount of | 21506 |
| the increase in taxable value certified by the commissioner for | 21507 |
| the school district for the purpose of computing the school | 21508 |
|
district's
| 21509 |
| fiscal year. | 21510 |
| Sec. 3317.027. On or before the fifteenth day of May of each | 21511 |
| year, the tax commissioner shall certify to the department of | 21512 |
| education and the office of budget and management: | 21513 |
| (A) The amount by which applications filed under section | 21514 |
| 5713.38 of the Revised Code or complaints filed under section | 21515 |
| 5715.19 of the Revised Code resulted in a reduction in the second | 21516 |
| preceding year's taxable value in each school district in which | 21517 |
| such a reduction occurred, and the amount by which such reduction | 21518 |
| reduced the district's taxes charged and payable for such year; | 21519 |
| and | 21520 |
| (B) The taxes charged and payable for the second preceding | 21521 |
| tax year that were remitted under section 5713.081 of the Revised | 21522 |
| Code and the taxable value against which such taxes were imposed. | 21523 |
| Upon receipt of such certifications, the department shall | 21524 |
|
recompute the district's | 21525 |
| determine the amount that the | 21526 |
|
would have
been | 21527 |
| computation made under division (A)(1) of section 3317.021 of the | 21528 |
| Revised Code and had the taxes charged and payable not been | 21529 |
| included in the certification made under division (A)(3) of such | 21530 |
| section. The department shall calculate the amount that the | 21531 |
| remainder of the fiscal year's payments should have been for the | 21532 |
| fiscal year
including the amount of the | 21533 |
| education aid as recomputed. The increase or decrease in the | 21534 |
| amount of aid resulting from the adjustment required under this | 21535 |
| section shall be paid to the school district | 21536 |
| 21537 | |
| date shall be determined by the director of budget and management. | 21538 |
| The director shall select a payment date that is not earlier than | 21539 |
| the first day of June of the current fiscal year and not later | 21540 |
| than the thirty-first day of July of the following fiscal year. | 21541 |
| The department of education shall not pay the district under this | 21542 |
| section prior to approval by the director of budget and management | 21543 |
| to make that payment. | 21544 |
| If a school district received a grant from the catastrophic | 21545 |
| expenditures account pursuant to division (C) of section 3316.20 | 21546 |
| of the Revised Code on the basis of the same circumstances for | 21547 |
| which a recomputation is made under this section, the amount of | 21548 |
| the recomputation shall be reduced and transferred in accordance | 21549 |
| with division (C) of section 3316.20 of the Revised Code. | 21550 |
| Sec. 3317.028. (A) On or before the fifteenth day of May in | 21551 |
| each calendar year prior to calendar year 2007, the tax | 21552 |
| commissioner shall determine for each school district whether the | 21553 |
| taxable value of all tangible personal property, including utility | 21554 |
| tangible personal property, subject to taxation by the district in | 21555 |
| the preceding tax year was less or greater than the taxable value | 21556 |
| of such property during the second preceding tax year. If any such | 21557 |
| decrease exceeds five per cent of the district's tangible personal | 21558 |
| property taxable value included in the total taxable value used in | 21559 |
| computing the district's
| 21560 |
| fiscal year that ends in the current calendar year, or if any such | 21561 |
| increase exceeds five per cent of the district's total taxable | 21562 |
| value used in computing the district's
| 21563 |
| education aid for the fiscal year that ends in the current | 21564 |
| calendar year, the tax commissioner shall certify both of the | 21565 |
| following to the department of education and the office of budget | 21566 |
| and management: | 21567 |
| (1) The taxable value of the tangible personal property | 21568 |
| increase or decrease, including utility tangible personal property | 21569 |
| increase or decrease, which shall be considered a change in | 21570 |
| valuation; | 21571 |
| (2) The decrease or increase in taxes charged and payable on | 21572 |
| such change in taxable value calculated in the same manner as in | 21573 |
| division (A)(3) of section 3317.021 of the Revised Code. | 21574 |
| (B) On or before May 15, 2007, and the fifteenth day of May | 21575 |
| in each calendar year thereafter, the tax commissioner shall | 21576 |
| determine for each school district whether the taxable value of | 21577 |
| all utility tangible personal property subject to taxation by the | 21578 |
| district in the preceding tax year was less or greater than the | 21579 |
| taxable value of such property during the second preceding tax | 21580 |
| year. If any decrease exceeds five per cent of the district's | 21581 |
| tangible personal property taxable value included in the total | 21582 |
| taxable value used in the district's state aid computation for the | 21583 |
| fiscal year that ends in the current calendar year, or if any | 21584 |
| increase exceeds five per cent of the district's total taxable | 21585 |
| value used in the district's state education aid computation for | 21586 |
| the fiscal year that ends in the current calendar year, the tax | 21587 |
| commissioner shall certify both of the following to the department | 21588 |
| of education and the office of budget and management: | 21589 |
| (1) The taxable value of the utility tangible personal | 21590 |
| property increase or decrease, which shall be considered a change | 21591 |
| in valuation; | 21592 |
| (2) The decrease or increase in taxes charged and payable on | 21593 |
| such change in taxable value calculated in the same manner as in | 21594 |
| division (A)(3) of section 3317.021 of the Revised Code. | 21595 |
| (C) Upon receipt of a certification specified in this | 21596 |
| section, the department of education shall reduce or increase by | 21597 |
| the respective amounts certified and the taxable value and the | 21598 |
| taxes charged and payable that were used in computing the | 21599 |
| district's | 21600 |
| that ends in the current calendar year and shall recompute the | 21601 |
| 21602 | |
| department shall pay | 21603 |
| 21604 | |
| 21605 | |
| 21606 | |
| equal to one-half of the difference between the district's state | 21607 |
| education aid prior to the recomputation under this section and | 21608 |
| the district's recomputed state education aid. The payment date | 21609 |
| shall be determined by the director of budget and management. The | 21610 |
| director shall select a payment date that is not earlier than the | 21611 |
| first day of June of the current fiscal year and not later than | 21612 |
| the thirty-first day of July of the following fiscal year. The | 21613 |
| department of education shall not pay the district under this | 21614 |
| section prior to approval by the director of budget and management | 21615 |
| to make that payment. | 21616 |
| (D) If a school district received a grant from the | 21617 |
| catastrophic expenditures account pursuant to division (C) of | 21618 |
| section 3316.20 of the Revised Code on the basis of the same | 21619 |
| circumstances for which a recomputation is made under this | 21620 |
| section, the amount of the recomputation shall be reduced and | 21621 |
| transferred in accordance with division (C) of section 3316.20 of | 21622 |
| the Revised Code. | 21623 |
| Sec. 3317.029. (A) As used in this section: | 21624 |
| (1) "Poverty percentage" means the quotient obtained by | 21625 |
|
dividing
the | 21626 |
| seventeen residing in the school district and living in a family | 21627 |
| receiving assistance under the Ohio works first program or an | 21628 |
| antecedent program known as TANF or ADC for the preceding five | 21629 |
| years, as certified or adjusted under section 3317.10 of the | 21630 |
| Revised Code, by the district's three-year average formula ADM. | 21631 |
| (2)
"Statewide
poverty percentage" means the | 21632 |
| average of the total number of children ages five to seventeen | 21633 |
| years residing in the state and receiving assistance under the | 21634 |
| Ohio works first program or an antecedent program known as TANF or | 21635 |
| ADC for the preceding five years, divided by the sum of the | 21636 |
| three-year average formula ADMs for all school districts in the | 21637 |
| state. | 21638 |
| (3) "Poverty index" means the quotient obtained by dividing | 21639 |
| the school district's poverty percentage by the statewide poverty | 21640 |
| percentage. | 21641 |
| (4) "Poverty student count" means the
| 21642 |
| number of children ages five to seventeen residing in the school | 21643 |
| district and living in a family receiving assistance under the | 21644 |
| Ohio works first program or an antecedent program known as TANF or | 21645 |
| ADC for the preceding five years, as certified under section | 21646 |
| 3317.10 of the Revised Code. | 21647 |
| (5) "Kindergarten ADM" means the number of students reported | 21648 |
| under section 3317.03 of the Revised Code as enrolled in | 21649 |
| kindergarten, excluding any kindergarten students reported under | 21650 |
| division (B)(3)(e), (f), or (g) of section 3317.03 of the Revised | 21651 |
| Code. | 21652 |
| (6) "Kindergarten through third grade ADM" means the amount | 21653 |
| calculated as follows: | 21654 |
| (a) Multiply the kindergarten ADM by the sum of one plus the | 21655 |
| all-day kindergarten percentage; | 21656 |
| (b) Add the number of students in grades one through three; | 21657 |
| (c) Subtract from the sum calculated under division (A)(6)(b) | 21658 |
| of this section the number of special education students in grades | 21659 |
| kindergarten through three. | 21660 |
| "Kindergarten through third grade ADM" shall not include any | 21661 |
| students reported under division (B)(3)(e), (f), or (g) of section | 21662 |
| 3317.03 of the Revised Code. | 21663 |
| (7) "All-day kindergarten" means a kindergarten class that is | 21664 |
| in session five days per week for not less than the same number of | 21665 |
| clock hours each day as for pupils in grades one through six. | 21666 |
| (8) "All-day kindergarten percentage" means the percentage of | 21667 |
| a district's actual total number of students enrolled in | 21668 |
| kindergarten who are enrolled in all-day kindergarten. | 21669 |
| (9) "All-day kindergarten ADM" means the number of students | 21670 |
| reported under section 3317.03 of the Revised Code as enrolled in | 21671 |
| all-day kindergarten, excluding any kindergarten students reported | 21672 |
| under division (B)(3)(e), (f), or (g) of that section. | 21673 |
| (10) "Academic distress percentage" means the quotient of the | 21674 |
| number of district-operated buildings in the school district | 21675 |
| designated under section 3302.03 of the Revised Code as in a state | 21676 |
| of academic watch or academic emergency, divided by the total | 21677 |
| number of buildings in the district that were open for instruction | 21678 |
| during the same school year to which the ratings apply. | 21679 |
| (11) "Statewide academic distress percentage" means the | 21680 |
| quotient of the statewide number of school district buildings and | 21681 |
| community schools designated under section 3302.03 of the Revised | 21682 |
| Code as in a state of academic watch or academic emergency, | 21683 |
| divided by the statewide total number of school district buildings | 21684 |
| and community schools that were open for instruction during the | 21685 |
| same school year to which the ratings apply. | 21686 |
| (12) "Academic distress index" means the quotient of the | 21687 |
| school district's academic distress percentage, divided by the | 21688 |
| statewide academic distress percentage. | 21689 |
| (13) "Buildings with the highest concentration of need" means | 21690 |
|
the school
buildings in a district | 21691 |
| following criteria: | 21692 |
| (a) Are in school improvement status pursuant to the "No | 21693 |
| Child Left Behind Act of 2001," as defined in section 3302.01 of | 21694 |
| the Revised Code; | 21695 |
| (b) Have percentages of
students
| 21696 |
| 21697 | |
| as high as the district-wide percentage of students receiving such | 21698 |
| assistance. However, the district shall give priority to any of | 21699 |
| those buildings that have been declared to be in a state of | 21700 |
| academic watch or academic emergency under section 3302.03 of the | 21701 |
| Revised Code. | 21702 |
| If, in any fiscal year, the information provided by the | 21703 |
| department of job and family services under section 3317.10 of the | 21704 |
| Revised Code is insufficient to determine the Ohio works first | 21705 |
| percentage in each building, "buildings with the highest | 21706 |
| concentration of need" has the meaning given in rules that the | 21707 |
| department of education shall adopt. The rules shall base the | 21708 |
| definition of "buildings with the highest concentration of need" | 21709 |
|
on family income of students | 21710 |
| in a manner that, to the extent possible with available data, | 21711 |
|
approximates the intent | 21712 |
| 21713 | |
|
percentage | 21714 |
| Ohio works first percentage. | 21715 |
| (B) | 21716 |
| 21717 | |
| The department of education shall compute | 21718 |
| each school district for poverty-based assistance the | 21719 |
| 21720 |
| | 21721 |
| 21722 | |
| 21723 | |
| 21724 | |
| 21725 | |
| 21726 |
| | 21727 |
| 21728 | |
| accordance with division (A) of section 3317.022 of the Revised | 21729 |
| Code. | 21730 |
| (C) A payment for academic intervention programs, if the | 21731 |
| district's poverty index is greater than or equal to 0.25, | 21732 |
| calculated as follows: | 21733 |
| (1) If the district's poverty index is greater than or equal | 21734 |
| to 0.25, calculate the district's level one amount for large-group | 21735 |
| academic intervention for all students as follows: | 21736 |
| (a) If the district's poverty index is greater than or equal | 21737 |
| to 0.25 but less than 0.75: | 21738 |
| 21739 |
| 21740 |
| 21741 |
| Where: | 21742 |
| (i) "Large-group intervention units" equals the district's | 21743 |
| formula ADM divided by 20; | 21744 |
|
(ii) "Hourly rate" equals | 21745 |
| 2008 and | 21746 |
|
(iii) "Level one hours" equals 25 hours | 21747 |
| | 21748 |
| 21749 |
| (b) If the district's poverty index is greater than or equal | 21750 |
| to 0.75: | 21751 |
| 21752 |
| 21753 |
| Where "large-group intervention units," "hourly rate," and | 21754 |
| "level one hours | 21755 |
| meanings as in division (C)(1)(a) of this section. | 21756 |
| (2) If the district's poverty index is greater than or equal | 21757 |
| to 0.75, calculate the district's level two amount for | 21758 |
| medium-group academic intervention for all students as follows: | 21759 |
| (a) If the district's poverty index is greater than or equal | 21760 |
| to 0.75 but less than 1.50: | 21761 |
| 21762 |
| 21763 |
| 21764 |
| Where: | 21765 |
| (i) "Medium group intervention units" equals the district's | 21766 |
| formula ADM divided by 15; | 21767 |
| (ii) "Hourly rate | 21768 |
| 21769 | |
| this section. | 21770 |
| (b) If the district's poverty index is greater than or equal | 21771 |
| to 1.50: | 21772 |
| 21773 |
| 21774 |
| Where: | 21775 |
| (i) "Medium group intervention units" has the same meaning as | 21776 |
| in division (C)(2)(a)(i) of this section; | 21777 |
| (ii) "Hourly rate" | 21778 |
| same | 21779 |
| (iii) "Level two hours" equals 50 hours. | 21780 |
| (3) If the district's poverty index is greater than or equal | 21781 |
| to 1.50, calculate the district's level three amount for | 21782 |
| small-group academic intervention for impoverished students as | 21783 |
| follows: | 21784 |
| (a) If the district's poverty index is greater than or equal | 21785 |
| to 1.50 but less than 2.50: | 21786 |
| 21787 |
| 21788 |
| 21789 |
| Where: | 21790 |
| (i) "Small group intervention units" equals the quotient of | 21791 |
| (the district's poverty student count times 3) divided by 10; | 21792 |
| (ii) "Hourly rate | 21793 |
| 21794 | |
| this section; | 21795 |
| (iii) "Level three hours" equals 135 hours. | 21796 |
| (b) If the district's poverty index is greater than or equal | 21797 |
| to 2.50: | 21798 |
| 21799 |
| 21800 |
| Where: | 21801 |
| (i) "Small group intervention units" has the same meaning as | 21802 |
| in division (C)(3)(a)(i) of this section; | 21803 |
| (ii) "Hourly rate" | 21804 |
| same | 21805 |
| (iii) "Level three hours" equals 160 hours. | 21806 |
| Any district that receives funds under division (C)(2) or (3) | 21807 |
| of this section annually shall submit to the department of | 21808 |
| education by a date established by the department a plan | 21809 |
| describing how the district will deploy those funds. The | 21810 |
| deployment measures described in that plan shall comply with any | 21811 |
| applicable spending requirements prescribed in | 21812 |
| this section or with any order issued by the superintendent of | 21813 |
| public instruction under section 3317.017 of the Revised Code. | 21814 |
| (D) A payment for all-day kindergarten if the poverty index | 21815 |
| of the school district is greater than or equal to 1.0 or if the | 21816 |
| district's three-year average formula ADM exceeded seventeen | 21817 |
| thousand five hundred. In addition, the department shall make a | 21818 |
| payment under this division to any school district that, in a | 21819 |
| prior fiscal year, qualified for this payment and provided all-day | 21820 |
| kindergarten, regardless of changes to the district's poverty | 21821 |
| index. The department shall calculate the payment under this | 21822 |
| division by
multiplying the all-day
| 21823 |
|
kindergarten ADM | 21824 |
| amount. | 21825 |
| (E) A | 21826 |
| learning opportunities based on calculating the number of new | 21827 |
| teachers necessary to achieve a lower student-teacher ratio, as | 21828 |
| follows: | 21829 |
| (1) Determine or calculate a formula number of teachers per | 21830 |
| one thousand students based on the poverty index of the school | 21831 |
| district as follows: | 21832 |
| (a) If the poverty index of the school district is less than | 21833 |
| 1.0, the formula number of teachers is 50.0, which is the number | 21834 |
| of teachers per one thousand students at a student-teacher ratio | 21835 |
| of twenty to one; | 21836 |
| (b) If the poverty index of the school district is greater | 21837 |
| than or equal to 1.0, but less than 1.5, the formula number of | 21838 |
| teachers is calculated as follows: | 21839 |
| 21840 |
| Where 50.0 is the number of teachers per one thousand | 21841 |
| students at a student-teacher ratio of twenty to one; 0.5 is the | 21842 |
| interval from a poverty index of 1.0 to a poverty index of 1.5; | 21843 |
| and 16.667 is the difference in the number of teachers per one | 21844 |
| thousand students at a student-teacher ratio of fifteen to one and | 21845 |
| the number of teachers per one thousand students at a | 21846 |
| student-teacher ratio of twenty to one. | 21847 |
| (c) If the poverty index of the school district is greater | 21848 |
| than or equal to 1.5, the formula number of teachers is 66.667, | 21849 |
| which is the number of teachers per one thousand students at a | 21850 |
| student-teacher ratio of fifteen to one. | 21851 |
| (2) Multiply the formula number of teachers determined or | 21852 |
| calculated in division (E)(1) of this section by the kindergarten | 21853 |
| through third grade ADM for the district and divide that product | 21854 |
| by one thousand; | 21855 |
| (3) Calculate the number of new teachers as follows: | 21856 |
| (a) Multiply the kindergarten through third grade ADM by | 21857 |
| 50.0, which is the number of teachers per one thousand students at | 21858 |
| a student-teacher ratio of twenty to one, and divide that product | 21859 |
| by one thousand; | 21860 |
| (b) Subtract the quotient obtained in division (E)(3)(a) of | 21861 |
| this section from the product in division (E)(2) of this section. | 21862 |
| (4) Multiply the greater of the difference obtained under | 21863 |
| division (E)(3) of this section or zero by the statewide average | 21864 |
| teachers compensation. For this purpose, the "statewide average | 21865 |
| teacher compensation" is | 21866 |
| and | 21867 |
| amount for the value of fringe benefits. | 21868 |
| (F) A payment for services to limited English proficient | 21869 |
| students, if the district's poverty index is greater than or equal | 21870 |
| to 1.0 and the proportion of its students who are limited English | 21871 |
| proficient, as reported in 2003 on its school district report | 21872 |
| issued under section 3302.03 of the Revised Code for the 2002-2003 | 21873 |
| school year, is greater than or equal to 2.0%, calculated as | 21874 |
| follows: | 21875 |
| (1) If the district's poverty index is greater than or equal | 21876 |
| to 1.0, but less than 1.75, determine the amount per limited | 21877 |
| English proficient student as follows: | 21878 |
| 21879 |
| 21880 |
| (2) If the district's poverty index is greater than or equal | 21881 |
| to 1.75, the amount per limited English proficient student equals: | 21882 |
| 21883 |
| (3) Multiply the per student amount determined for the | 21884 |
| district under division (F)(1) or (2) of this section by the | 21885 |
| number of the district's limited English proficient students, | 21886 |
| times a phase-in percentage of | 21887 |
| in fiscal | 21888 |
| calculation, the number of limited English proficient students for | 21889 |
| each district shall be the number determined by the department | 21890 |
| when it calculated the district's percentage of limited English | 21891 |
| proficient students for its school district report card issued in | 21892 |
| 2003 for the 2002-2003 school year. | 21893 |
| | 21894 |
| 21895 | |
| 21896 | |
| 21897 | |
| 21898 |
| (G) A payment for professional development of teachers, if | 21899 |
| the district's poverty index is greater than or equal to 1.0, | 21900 |
| calculated as follows: | 21901 |
| (1) If the district's poverty index is greater than or equal | 21902 |
| to 1.0, but less than 1.75, determine the amount per teacher as | 21903 |
| follows: | 21904 |
| 21905 |
| (2) If the district's poverty index is greater than or equal | 21906 |
| to 1.75, the amount per teacher equals: | 21907 |
| 21908 |
| (3) Determine the number of teachers, as follows: | 21909 |
| 21910 |
| (4) Multiply the per teacher amount determined for the | 21911 |
| district under division (G)(1) or (2) of this section by the | 21912 |
| number of teachers determined under division (G)(3) of this | 21913 |
| section | 21914 |
| 21915 |
| (H) A payment for dropout prevention, if the district is a | 21916 |
| big eight school district as defined in section 3314.02 of the | 21917 |
| Revised Code, calculated as follows: | 21918 |
| 21919 |
| 21920 |
| | 21921 |
| 21922 |
| (I) An amount for community outreach, if the district is an | 21923 |
| urban school district as defined in section 3314.02 of the Revised | 21924 |
| Code, calculated as follows: | 21925 |
| 21926 |
| 21927 |
| | 21928 |
| 21929 |
| (J) A payment for assistance in closing the achievement gap, | 21930 |
| if the district's poverty index is greater than or equal to 1.0 | 21931 |
| and its academic distress index is greater than or equal to 1.0, | 21932 |
| as determined based on the most recent report card issued under | 21933 |
| section 3302.03 of the Revised Code prior to the beginning of the | 21934 |
| fiscal year, calculated as follows: | 21935 |
| (1) In fiscal year 2008: | 21936 |
| 21937 |
| 21938 |
| (2) In fiscal year 2009: | 21939 |
| (a) If the district's academic distress percentage is less | 21940 |
| than its academic distress percentage used for the prior fiscal | 21941 |
| year: | 21942 |
| 21943 |
| 21944 |
| (b) If the district's academic distress percentage is greater | 21945 |
| than or equal to its academic distress percentage used for the | 21946 |
| prior fiscal year: | 21947 |
| 21948 |
| 21949 |
| (K) This division applies only to school districts | 21950 |
| 21951 | |
| thousand dollars under this section. Except as provided in | 21952 |
| division (L) of this section with respect to funds paid under | 21953 |
| division (J)(2)(b) of this section, in division (M)(2) of this | 21954 |
| section with respect to funds paid under division (D) of this | 21955 |
| section, and in division (O) of this section, each such district | 21956 |
| shall use funds paid under this section only for one or more of | 21957 |
| the following purposes: | 21958 |
| (1) | 21959 |
| 21960 | |
| 21961 | |
| provide all-day
kindergarten to | 21962 |
| the district's all-day
kindergarten | 21963 |
| 21964 | |
| 21965 | |
| 21966 | |
| 21967 |
| (2) | 21968 |
| 21969 | |
| 21970 | |
| limited English proficiency through one or more of the following | 21971 |
| 21972 |
| (a) | 21973 |
| students or other personnel to provide intervention services for | 21974 |
| those students; | 21975 |
| (b) | 21976 |
| those students; | 21977 |
| (c) | 21978 |
| students in passing the third-grade reading achievement test, and | 21979 |
| to provide for those students the intervention services required | 21980 |
| by section 3313.608 of the Revised Code. | 21981 |
| (3) | 21982 |
| 21983 | |
| 21984 | |
| teachers or other licensed personnel providing educational | 21985 |
| services to students only in one or more of the following areas: | 21986 |
| (a) Data-based decision making; | 21987 |
| (b) Standards-based curriculum models; | 21988 |
| (c) | 21989 |
| activities that are research-based, as defined | 21990 |
| state standards developed under section 3319.61 of the Revised | 21991 |
| Code; | 21992 |
| (d) Professional learning communities. | 21993 |
| In addition, each district that elects to use funds paid | 21994 |
| under this section for professional development shall | 21995 |
| 21996 | |
| eligible professional development programs provided by the | 21997 |
| department of education. The department annually shall provide the | 21998 |
| list to each district receiving a payment under | 21999 |
| this section. | 22000 |
| 22001 | |
| 22002 | |
| 22003 | |
| 22004 | |
| 22005 |
| (4) | 22006 |
| 22007 | |
| 22008 | |
| at-risk students from dropping out of school | 22009 |
| 22010 | |
| 22011 | |
| 22012 | |
| than September 1, | 22013 |
| provide each | 22014 |
| this section with a list of dropout prevention programs that it | 22015 |
| has determined are successful. The department subsequently may | 22016 |
| update the list. Each district that elects to use its payment | 22017 |
| under | 22018 |
| use the payment only to implement a dropout prevention program | 22019 |
| specified on the department's list. | 22020 |
| 22021 | |
| 22022 | |
| 22023 | |
| 22024 |
| (5) | 22025 |
| 22026 | |
| 22027 | |
| 22028 | |
| following purposes: | 22029 |
| (a) To hire or contract for community liaison officers, | 22030 |
| attendance or truant officers, or safety and security personnel; | 22031 |
| (b) To implement programs designed to ensure that schools are | 22032 |
| free of drugs and violence and have a disciplined environment | 22033 |
| conducive to learning | 22034 |
| | 22035 |
| 22036 |
| (6) | 22037 |
| 22038 | |
| 22039 | |
| 22040 | |
| 22041 | |
| services for students who have failed or are in danger of failing | 22042 |
| any of the tests administered pursuant to section 3301.0710 of the | 22043 |
| Revised Code, including intervention services required by section | 22044 |
|
3313.608 of the Revised Code. | 22045 |
| 22046 | |
| 22047 | |
| 22048 | |
| 22049 | |
| 22050 | |
| 22051 |
| (7) | 22052 |
| 22053 | |
| 22054 | |
| 22055 | |
| 22056 | |
| For increased classroom learning opportunities by increasing the | 22057 |
| amount of instructional attention received per pupil in | 22058 |
| kindergarten through third grade, either by reducing the ratio of | 22059 |
| students to instructional personnel or by increasing the amount of | 22060 |
| instruction and curriculum-related activities by extending the | 22061 |
| length of the school day or the school year. | 22062 |
| School districts may implement a reduction of the ratio of | 22063 |
| students to instructional personnel through any or all of the | 22064 |
| following methods: | 22065 |
| (a) Reducing the number of students in a classroom taught by | 22066 |
| a single teacher; | 22067 |
| (b) Employing full-time educational aides or educational | 22068 |
| paraprofessionals issued a permit or license under section | 22069 |
| 3319.088 of the Revised Code; | 22070 |
| (c) Instituting a team-teaching method that will result in a | 22071 |
| lower student-teacher ratio in a classroom. | 22072 |
| Districts may extend the school day either by increasing the | 22073 |
| amount of time allocated for each class, increasing the number of | 22074 |
| classes provided per day, offering optional academic-related | 22075 |
| after-school programs, providing curriculum-related extra | 22076 |
| curricular activities, or establishing tutoring or remedial | 22077 |
| services for students who have demonstrated an educational need. | 22078 |
| In accordance with section 3319.089 of the Revised Code, a | 22079 |
| district extending the school day pursuant to this division may | 22080 |
| utilize a participant of the work experience program who has a | 22081 |
| child enrolled in a public school in that district and who is | 22082 |
| fulfilling the work requirements of that program by volunteering | 22083 |
| or working in that public school. If the work experience program | 22084 |
| participant is compensated, the school district may use the funds | 22085 |
| distributed under this section for all or part of the | 22086 |
| compensation. | 22087 |
| Districts may extend the school year either through adding | 22088 |
| regular days of instruction to the school calendar or by providing | 22089 |
| summer programs. | 22090 |
| | 22091 |
| 22092 | |
| 22093 | |
| 22094 | |
| 22095 | |
| 22096 | |
| 22097 | |
| 22098 | |
| 22099 | |
| 22100 | |
| 22101 | |
| 22102 | |
| 22103 |
| | 22104 |
| (8) For early childhood programs or early learning programs, as | 22105 |
| defined by the department of education, for children age three or | 22106 |
| four who are not eligible for kindergarten; | 22107 |
| (9) To furnish, free of charge, materials used in courses of | 22108 |
| instruction, except for the necessary textbooks or electronic | 22109 |
| textbooks required to be furnished without charge pursuant to | 22110 |
| section 3329.06 of the Revised Code, to pupils living in families | 22111 |
| participating in Ohio works first in accordance with section | 22112 |
| 3313.642 of the Revised Code; | 22113 |
| (10) For programs designed to reduce nonacademic barriers to | 22114 |
| learning, in accordance with guidelines developed by the | 22115 |
| department of education; | 22116 |
| (11) For school nutrition programs provided pursuant to | 22117 |
| section 3313.813 of the Revised Code. | 22118 |
| However, a school district may apply to the department, in | 22119 |
| the form and manner prescribed by the department, for a waiver to | 22120 |
| spend funds paid under this section for programs not described in | 22121 |
| divisions (K)(1) to (11) of this section. The waiver application | 22122 |
| shall specify the rationale for the alternative expenditure and | 22123 |
| the intended benefits for disadvantaged students. If the | 22124 |
| department grants the waiver, the district may use funds paid | 22125 |
| under this section to implement the alternative program. | 22126 |
| (L) This division applies only to funds paid under division | 22127 |
| (J)(2)(b) of this section. | 22128 |
| (1) If applicable, each school district shall use the funds | 22129 |
| for any necessary expenses for the continued operation of a school | 22130 |
| district academic distress commission appointed under section | 22131 |
| 3302.10 of the Revised Code. | 22132 |
| (2) After satisfying the requirement of division (L)(1) of | 22133 |
| this section, each district shall spend the remaining funds only | 22134 |
| for one or more of the following purposes and only in buildings | 22135 |
| with the highest concentration of need: | 22136 |
| (a) Assistance in improving student performance; | 22137 |
| (b) Professional development for teachers and administrators; | 22138 |
| (c) Assistance in recruiting and retaining teachers and | 22139 |
| administrators. | 22140 |
| (M)(1) Each school district wishing to receive any funds | 22141 |
| under division (D) of this section shall submit to the department | 22142 |
| of
education | 22143 |
|
all-day kindergarten | 22144 |
| section 3317.03 of the Revised Code.
| 22145 |
| 22146 | |
| 22147 | |
| 22148 |
| | 22149 |
| 22150 | |
| 22151 | |
| 22152 | |
| 22153 | |
| 22154 | |
| 22155 | |
| 22156 | |
| 22157 | |
| 22158 | |
| 22159 | |
| 22160 | |
| 22161 | |
| 22162 | |
| 22163 | |
| 22164 | |
| 22165 | |
| 22166 | |
| 22167 | |
| 22168 |
| | 22169 |
| 22170 | |
| shall first utilize funds received
under | 22171 |
| 22172 | |
| 22173 | |
| 22174 | |
| 22175 | |
| 22176 | |
| 22177 | |
| 22178 |
| | 22179 |
| 22180 | |
| 22181 | |
| 22182 | |
| 22183 |
| | 22184 |
| 22185 | |
| 22186 | |
| 22187 | |
| 22188 |
| | 22189 |
| 22190 |
| | 22191 |
| 22192 | |
| 22193 |
| | 22194 |
| 22195 |
| | 22196 |
| 22197 | |
| 22198 | |
| 22199 | |
| 22200 |
| | 22201 |
| 22202 |
| | 22203 |
| | 22204 |
| 22205 |
| | 22206 |
| | 22207 |
| 22208 |
| | 22209 |
| 22210 |
| | 22211 |
| | 22212 |
| | 22213 |
| 22214 |
| | 22215 |
| 22216 |
| | 22217 |
| 22218 | |
| 22219 |
| | 22220 |
| 22221 | |
| 22222 | |
| 22223 | |
| 22224 | |
| 22225 |
| | 22226 |
| 22227 |
| (N) If at any time the superintendent of public instruction | 22228 |
| determines that a school district receiving funds under division | 22229 |
|
(D) of this section has enrolled | 22230 |
| all-day
kindergarten
| 22231 |
| year, the superintendent shall withhold from the funds otherwise | 22232 |
| due the district under this section a proportional amount as | 22233 |
| determined by the difference in the certified all-day kindergarten | 22234 |
| 22235 | |
| all-day kindergarten ADM. | 22236 |
| The superintendent shall also withhold an appropriate amount | 22237 |
| of funds otherwise due a district for any other misuse of funds | 22238 |
| not in accordance with this section. | 22239 |
| (O)(1) A district may use a portion of the funds | 22240 |
| 22241 | |
| purchase classroom space to provide all-day kindergarten, if both | 22242 |
| of the following conditions are met: | 22243 |
| (a) The district certifies to the department, in a manner | 22244 |
| acceptable to the department, that it has a shortage of space for | 22245 |
| providing all-day kindergarten. | 22246 |
| (b) The district provides all-day kindergarten to the number | 22247 |
| of children in the all-day kindergarten percentage it certified | 22248 |
| under this section. | 22249 |
| (2) A district may use a portion of the funds | 22250 |
| 22251 | |
| classroom space to enable it to further reduce class size in | 22252 |
| grades kindergarten through two with a goal of attaining class | 22253 |
| sizes of fifteen students per licensed teacher. To do so, the | 22254 |
| district must certify its need for additional space to the | 22255 |
| department, in a manner satisfactory to the department. | 22256 |
| (P) Not later than the thirtieth day of September each year, | 22257 |
| each school district paid under this section shall report to the | 22258 |
| department, in the form and manner prescribed by the department, | 22259 |
| how the district deployed funds received under this section in the | 22260 |
| prior fiscal year. If a school district does not meet adequate | 22261 |
| progress standards as defined by the department, the department | 22262 |
| shall make recommendations to the district for deploying funds | 22263 |
| under this section in a more effective manner. | 22264 |
| Sec. 3317.0216. (A) As used in this section: | 22265 |
| (1) "Total taxes charged and payable for current expenses" | 22266 |
| means the sum of the taxes charged and payable as certified under | 22267 |
| division (A)(3)(a) of section 3317.021 of the Revised Code less | 22268 |
| any amounts reported under division (A)(3)(b) of that section, and | 22269 |
| the tax distribution for the preceding year under any school | 22270 |
| district income tax levied by the district pursuant to Chapter | 22271 |
| 5748. of the Revised Code to the extent the revenue from the | 22272 |
| income tax is allocated or apportioned to current expenses. | 22273 |
| (2) "Charge-off amount" means two and three-tenths per cent | 22274 |
| multiplied by (the sum of recognized valuation and property | 22275 |
| exemption value). | 22276 |
| (3) Until fiscal year 2003, the "actual local share of | 22277 |
| special education, transportation, and vocational education | 22278 |
| funding" for any school district means the sum of the district's | 22279 |
| attributed local shares described in divisions (F)(1) to (3) of | 22280 |
| section 3317.022 of the Revised Code. Beginning in fiscal year | 22281 |
| 2003, the "actual local share of special education, | 22282 |
| transportation, and vocational education funding" means that sum | 22283 |
| minus the amount of any excess cost supplement payment calculated | 22284 |
| for the district under division (F) of section 3317.022 of the | 22285 |
| Revised Code. | 22286 |
| | 22287 |
| 22288 | |
| 22289 | |
| 22290 | |
| 22291 | |
| 22292 | |
| 22293 |
| (B) Upon receiving the certifications under section 3317.021 | 22294 |
| of the Revised Code, the department of education shall determine | 22295 |
| for each city, local, and exempted village school district whether | 22296 |
|
the
district's charge-off amount is greater than | 22297 |
| district's total taxes charged and payable for current expenses | 22298 |
| 22299 | |
| 22300 | |
| pay the district the amount of the difference. A payment shall not | 22301 |
| be made to any school district for which the computation under | 22302 |
| division (A) of section 3317.022 of the Revised Code equals zero. | 22303 |
| (C)(1) If a district's charge-off amount is equal to or | 22304 |
|
greater
than | 22305 |
| current
expenses | 22306 |
| 22307 | |
| to the payment required under division (B) of this section, pay | 22308 |
| the district the amount of its actual local share of special | 22309 |
| education, transportation, and vocational education funding. | 22310 |
| (2) If a district's charge-off amount is less than | 22311 |
| its
total
taxes charged and payable for current expenses | 22312 |
| 22313 | |
| 22314 | |
| by which its actual local share of special education, | 22315 |
|
transportation, and vocational education
funding exceeds | 22316 |
| 22317 | |
| 22318 | |
| 22319 |
| (D) If a school district that received a payment under | 22320 |
| division (B) or (C) of this section in the prior fiscal year is | 22321 |
| ineligible for payment under those divisions in the current fiscal | 22322 |
| year, the department shall determine if the ineligibility is the | 22323 |
| result of a property tax or income tax levy approved by the | 22324 |
| district's voters to take effect in tax year 2005 or thereafter. | 22325 |
| If the department determines that is the case, and calculates that | 22326 |
| the levy causing the ineligibility exceeded by at least one mill | 22327 |
| the equivalent millage of the prior year's payment under divisions | 22328 |
| (B) and (C) of this section, the department shall make a payment | 22329 |
| to the district for the first three years that the district loses | 22330 |
| eligibility for payment under divisions (B) and (C) of this | 22331 |
| section, as follows: | 22332 |
| (1) In the first year of ineligibility, the department shall | 22333 |
| pay the district seventy-five per cent of the amount it last paid | 22334 |
| the district under divisions (B) and (C) of this section. | 22335 |
| (2) In the second year of ineligibility, the department shall | 22336 |
| pay the district fifty per cent of the amount it last paid the | 22337 |
| district under those divisions. | 22338 |
| (3) In the third year of ineligibility, the department shall | 22339 |
| pay the district twenty-five per cent of the amount it last paid | 22340 |
| the district under those divisions. | 22341 |
| (E) A district that receives payment under division (D) of | 22342 |
| this section and subsequently qualifies for payment under division | 22343 |
| (B) or (C) of this section is ineligible for future payments under | 22344 |
| division (D) of this section. | 22345 |
| (F) To enable the department of education to make the | 22346 |
| determinations and to calculate payments under division (D) of | 22347 |
| this section, on | 22348 |
| 2006, and on or before the first day of March of each year | 22349 |
| thereafter, the department shall send to the tax commissioner a | 22350 |
| list of school districts receiving payments under division (B) or | 22351 |
| (C) of this section for the current fiscal year. On or before the | 22352 |
| first day of the following June, the tax commissioner shall | 22353 |
| certify to the department of education for those school districts | 22354 |
| the information required by division (A)(8) of section 3317.021 of | 22355 |
| the Revised Code. | 22356 |
| Sec. 3317.0217. | 22357 |
| school district under this section shall be made under division | 22358 |
| (A) of section 3317.022 of the Revised Code. | 22359 |
| The department of education shall annually compute | 22360 |
| state parity aid to school districts, as follows: | 22361 |
| (A) Calculate the local wealth per pupil of each school | 22362 |
| district, which equals the following sum: | 22363 |
| (1) Two-thirds times the quotient of (a) the district's | 22364 |
| recognized valuation divided by (b) its formula ADM; plus | 22365 |
| (2) One-third times the quotient of (a) the average of the | 22366 |
| total federal adjusted gross income of the school district's | 22367 |
| residents for the three years most recently reported under section | 22368 |
| 3317.021 of the Revised Code divided by (b) its formula ADM. | 22369 |
| (B) Rank all school districts in order of local wealth per | 22370 |
| pupil, from the district with the lowest local wealth per pupil to | 22371 |
| the district with the highest local wealth per pupil. | 22372 |
| (C) Compute the per pupil state parity aid funding for each | 22373 |
| eligible school district in accordance with the following formula: | 22374 |
| 22375 |
| 22376 |
| 22377 |
| Where: | 22378 |
| (1) | 22379 |
| 22380 | |
| 22381 | |
| 22382 | |
| In fiscal year 2008, an "eligible school district" means a school | 22383 |
| district with a local wealth per pupil less than that of the | 22384 |
| school district with the four-hundred-eleventh lowest local wealth | 22385 |
| per pupil. In fiscal year 2009, an "eligible school district" | 22386 |
| means a school district with a local wealth per pupil less than | 22387 |
| that of the school district with the three-hundred-sixty-eighth | 22388 |
| lowest local wealth per pupil. | 22389 |
| (2) The "threshold local wealth per pupil" is the local | 22390 |
| wealth per pupil of the school district with the | 22391 |
| four-hundred-ninetieth lowest local wealth per pupil. | 22392 |
| (3) "Parity millage," in fiscal year 2008, equals 0.0080 and, | 22393 |
| in fiscal year 2009, equals 0.0085. | 22394 |
| If the result of the calculation for a school district under | 22395 |
| division (C) of this section is less than zero, the district's per | 22396 |
| pupil parity aid shall be zero. | 22397 |
| (D) Compute the per pupil alternative parity aid for each | 22398 |
| school district that has a combination of an income factor of 1.0 | 22399 |
| or less, a poverty index of 1.0 or greater, and a fiscal year 2005 | 22400 |
| cost-of-doing-business factor of 1.0375 or greater, in accordance | 22401 |
| with the following formula: | 22402 |
| 22403 |
| 22404 |
| Where: | 22405 |
| (1) "Poverty index" has the same meaning as in section | 22406 |
| 3317.029 of the Revised Code. | 22407 |
| (2) "Payment percentage," for purposes of division (D) of | 22408 |
| this section, equals 50% in fiscal year 2002 and 100% after fiscal | 22409 |
| year 2002. | 22410 |
| (3) "Fiscal year 2005 cost-of-doing-business factor" means | 22411 |
| the cost-of-doing-business factor in effect for fiscal year 2005 | 22412 |
| designated under former division (N) of section 3317.02 of the | 22413 |
| Revised Code as that division existed in fiscal year 2005. | 22414 |
| (E) Pay each district that has a combination of an income | 22415 |
| factor of 1.0 or less, a poverty index of 1.0 or greater, and a | 22416 |
| fiscal year 2005 cost-of-doing-business factor of 1.0375 or | 22417 |
| greater, the greater of the following: | 22418 |
| (1) The product of the district's per pupil parity aid | 22419 |
| calculated under division (C) of this section times its net | 22420 |
| formula ADM; | 22421 |
| (2) The product of its per pupil alternative parity aid | 22422 |
| calculated under division (D) of this section times its net | 22423 |
| formula ADM. | 22424 |
| (F) Pay every other district the product of its per pupil | 22425 |
| parity aid calculated under division (C) of this section times its | 22426 |
| net formula ADM. | 22427 |
| (G) As used in divisions (E) and (F) of this section, "net | 22428 |
| formula ADM" means formula ADM minus the number of internet- and | 22429 |
| computer-based community school students and scholarship students | 22430 |
| reported under divisions (B)(3)(e), (f), and (g) of section | 22431 |
| 3317.03 of the Revised Code. | 22432 |
| Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and | 22433 |
| (C) of this section, except as provided in division (A)(2)(h) of | 22434 |
| this section, any student enrolled in kindergarten more than half | 22435 |
| time shall be reported as one-half student under this section. | 22436 |
| (A) The superintendent of each city and exempted village | 22437 |
| school district and of each educational service center shall, for | 22438 |
| the schools under the superintendent's supervision, certify to the | 22439 |
| state board of education on or before the fifteenth day of October | 22440 |
| in each year for the first full school week in October the formula | 22441 |
|
ADM. | 22442 |
| 22443 | |
| 22444 | |
| 22445 | |
| 22446 | |
| 22447 | |
| 22448 | |
| 22449 | |
| 22450 | |
| 22451 | |
| 22452 | |
| 22453 | |
| 22454 |
| The formula ADM shall consist of the average daily membership | 22455 |
| during such week of the sum of the following: | 22456 |
| (1) On an FTE basis, the number of students in grades | 22457 |
| kindergarten through twelve receiving any educational services | 22458 |
| from the district, except that the following categories of | 22459 |
| students shall not be included in the determination: | 22460 |
| (a) Students enrolled in adult education classes; | 22461 |
| (b) Adjacent or other district students enrolled in the | 22462 |
| district under an open enrollment policy pursuant to section | 22463 |
| 3313.98 of the Revised Code; | 22464 |
| (c) Students receiving services in the district pursuant to a | 22465 |
| compact, cooperative education agreement, or a contract, but who | 22466 |
| are entitled to attend school in another district pursuant to | 22467 |
| section 3313.64 or 3313.65 of the Revised Code; | 22468 |
| (d) Students for whom tuition is payable pursuant to sections | 22469 |
| 3317.081 and 3323.141 of the Revised Code; | 22470 |
| (e) Students receiving services in the district through a | 22471 |
| scholarship awarded under either section 3310.41 or sections | 22472 |
| 3310.51 to 3310.63 of the Revised Code. | 22473 |
| (2) On an FTE basis, except as provided in division (A)(2)(h) | 22474 |
| of this section, the number of students entitled to attend school | 22475 |
| in the district pursuant to section 3313.64 or 3313.65 of the | 22476 |
| Revised Code, but receiving educational services in grades | 22477 |
| kindergarten through twelve from one or more of the following | 22478 |
| entities: | 22479 |
| (a) A community school pursuant to Chapter 3314. of the | 22480 |
| Revised Code, including any participation in a college pursuant to | 22481 |
| Chapter 3365. of the Revised Code while enrolled in such community | 22482 |
| school; | 22483 |
| (b) An alternative school pursuant to sections 3313.974 to | 22484 |
| 3313.979 of the Revised Code as described in division (I)(2)(a) or | 22485 |
| (b) of this section; | 22486 |
| (c) A college pursuant to Chapter 3365. of the Revised Code, | 22487 |
| except when the student is enrolled in the college while also | 22488 |
| enrolled in a community school pursuant to Chapter 3314. of the | 22489 |
| Revised Code; | 22490 |
| (d) An adjacent or other school district under an open | 22491 |
| enrollment policy adopted pursuant to section 3313.98 of the | 22492 |
| Revised Code; | 22493 |
| (e) An educational service center or cooperative education | 22494 |
| district; | 22495 |
| (f) Another school district under a cooperative education | 22496 |
| agreement, compact, or contract; | 22497 |
| (g) A chartered nonpublic school with a scholarship paid | 22498 |
| under section 3310.08 of the Revised Code; | 22499 |
| (h) An alternative public provider or a registered private | 22500 |
| provider with a scholarship awarded under either section 3310.41 | 22501 |
| or sections 3310.51 to 3310.63 of the Revised Code. Each such | 22502 |
| scholarship student who is enrolled in kindergarten shall be | 22503 |
| counted as one full-time-equivalent student. | 22504 |
| As used in this section, "alternative public provider" and | 22505 |
| "registered private provider" have the same meanings as in section | 22506 |
| 3310.41 or 3310.51 of the Revised Code, as applicable. | 22507 |
| (3) Twenty per cent of the number of students enrolled in a | 22508 |
| joint vocational school district or under a vocational education | 22509 |
| compact, excluding any students entitled to attend school in the | 22510 |
| district under section 3313.64 or 3313.65 of the Revised Code who | 22511 |
| are enrolled in another school district through an open enrollment | 22512 |
| policy as reported under division (A)(2)(d) of this section and | 22513 |
| then enroll in a joint vocational school district or under a | 22514 |
| vocational education compact; | 22515 |
| (4) The number of handicapped children, other than | 22516 |
| handicapped preschool children, entitled to attend school in the | 22517 |
| district pursuant to section 3313.64 or 3313.65 of the Revised | 22518 |
| Code who are placed by the district with a county MR/DD board, | 22519 |
| minus the number of such children placed with a county MR/DD board | 22520 |
| in fiscal year 1998. If this calculation produces a negative | 22521 |
| number, the number reported under division (A)(4) of this section | 22522 |
| shall be zero. | 22523 |
| | 22524 |
| 22525 | |
| 22526 | |
| 22527 | |
| 22528 | |
| 22529 |
| (B) To enable the department of education to obtain the data | 22530 |
| needed to complete the calculation of payments pursuant to this | 22531 |
| chapter, in addition to the formula ADM, each superintendent shall | 22532 |
| report separately the following student counts for the same week | 22533 |
| for which formula ADM is certified: | 22534 |
| (1) The total average daily membership in regular day classes | 22535 |
| included in the report under division (A)(1) or (2) of this | 22536 |
| section for kindergarten, and each of grades one through twelve in | 22537 |
| schools under the superintendent's supervision; | 22538 |
| (2) The number of all handicapped preschool children enrolled | 22539 |
| as of the first day of December in classes in the district that | 22540 |
| are eligible for approval under division (B) of section 3317.05 | 22541 |
| of the Revised Code and the number of those classes, which shall | 22542 |
| be reported not later than the fifteenth day of December, in | 22543 |
| accordance with rules adopted under that section; | 22544 |
| (3) The number of children entitled to attend school in the | 22545 |
| district pursuant to section 3313.64 or 3313.65 of the Revised | 22546 |
| Code who are: | 22547 |
| (a) Participating in a pilot project scholarship program | 22548 |
| established under sections 3313.974 to 3313.979 of the Revised | 22549 |
| Code as described in division (I)(2)(a) or (b) of this section; | 22550 |
| (b) Enrolled in a college under Chapter 3365. of the Revised | 22551 |
| Code, except when the student is enrolled in the college while | 22552 |
| also enrolled in a community school pursuant to Chapter 3314. of | 22553 |
| the Revised Code; | 22554 |
| (c) Enrolled in an adjacent or other school district under | 22555 |
| section 3313.98 of the Revised Code; | 22556 |
| (d) Enrolled in a community school established under Chapter | 22557 |
| 3314. of the Revised Code that is not an internet- or | 22558 |
| computer-based community school as defined in section 3314.02 of | 22559 |
| the Revised Code, including any participation in a college | 22560 |
| pursuant to Chapter 3365. of the Revised Code while enrolled in | 22561 |
| such community school; | 22562 |
| (e) Enrolled in an internet- or computer-based community | 22563 |
| school, as defined in section 3314.02 of the Revised Code, | 22564 |
| including any participation in a college pursuant to Chapter 3365. | 22565 |
| of the Revised Code while enrolled in the school; | 22566 |
| (f) Enrolled in a chartered nonpublic school with a | 22567 |
| scholarship paid under section 3310.08 of the Revised Code; | 22568 |
| (g) Enrolled in kindergarten through grade twelve in an | 22569 |
| alternative public provider or a registered private provider with | 22570 |
| a scholarship awarded under either section 3310.41 or sections | 22571 |
| 3310.51 to 3310.63 of the Revised Code; | 22572 |
| (h) Enrolled as a handicapped preschool child in an | 22573 |
| alternative public provider or a registered private provider with | 22574 |
| a scholarship awarded under section 3310.41 of the Revised Code; | 22575 |
| (i) Participating in a program operated by a county MR/DD | 22576 |
| board or a state institution. | 22577 |
| (4) The number of pupils enrolled in joint vocational | 22578 |
| schools; | 22579 |
| (5) The combined average daily membership of handicapped | 22580 |
| children reported under division (A)(1) or (2) of this section | 22581 |
| receiving special education services for the category one handicap | 22582 |
| described in division (A) of section 3317.013 of the Revised Code, | 22583 |
| including children attending a special education program operated | 22584 |
| by an alternative public provider or a registered private provider | 22585 |
| with a scholarship awarded under sections 3310.51 to 3310.63 of | 22586 |
| the Revised Code; | 22587 |
| (6) The combined average daily membership of handicapped | 22588 |
| children reported under division (A)(1) or (2) of this section | 22589 |
| receiving special education services for category two handicaps | 22590 |
| described in division (B) of section 3317.013 of the Revised Code, | 22591 |
| including children attending a special education program operated | 22592 |
| by an alternative public provider or a registered private provider | 22593 |
| with a scholarship awarded under sections 3310.51 to 3310.63 of | 22594 |
| the Revised Code; | 22595 |
| (7) The combined average daily membership of handicapped | 22596 |
| children reported under division (A)(1) or (2) of this section | 22597 |
| receiving special education services for category three handicaps | 22598 |
| described in division (C) of section 3317.013 of the Revised Code, | 22599 |
| including children attending a special education program operated | 22600 |
| by an alternative public provider or a registered private provider | 22601 |
| with a scholarship awarded under sections 3310.51 to 3310.63 of | 22602 |
| the Revised Code; | 22603 |
| (8) The combined average daily membership of handicapped | 22604 |
| children reported under division (A)(1) or (2) of this section | 22605 |
| receiving special education services for category four handicaps | 22606 |
| described in division (D) of section 3317.013 of the Revised Code, | 22607 |
| including children attending a special education program operated | 22608 |
| by an alternative public provider or a registered private provider | 22609 |
| with a scholarship awarded under sections 3310.51 to 3310.63 of | 22610 |
| the Revised Code; | 22611 |
| (9) The combined average daily membership of handicapped | 22612 |
| children reported under division (A)(1) or (2) of this section | 22613 |
| receiving special education services for the category five | 22614 |
| handicap described in division (E) of section 3317.013 of the | 22615 |
| Revised Code, including children attending a special education | 22616 |
| program operated by an alternative public provider or a registered | 22617 |
| private provider with a scholarship awarded under sections 3310.51 | 22618 |
| to 3310.63 of the Revised Code; | 22619 |
| (10) The combined average daily membership of handicapped | 22620 |
| children reported under division (A)(1) or (2) and under division | 22621 |
| (B)(3)(h) of this section receiving special education services for | 22622 |
| category six handicaps described in division (F) of section | 22623 |
| 3317.013 of the Revised Code, including children attending a | 22624 |
| special education program operated by an alternative public | 22625 |
| provider or a registered private provider with a scholarship | 22626 |
| awarded under either section 3310.41 or sections 3310.51 to | 22627 |
| 3310.63 of the Revised Code; | 22628 |
| (11) The average daily membership of pupils reported under | 22629 |
| division (A)(1) or (2) of this section enrolled in category one | 22630 |
| vocational education programs or classes, described in division | 22631 |
| (A) of section 3317.014 of the Revised Code, operated by the | 22632 |
| school district or by another district, other than a joint | 22633 |
| vocational school district, or by an educational service center, | 22634 |
| excluding any student reported under division (B)(3)(e) of this | 22635 |
| section as enrolled in an internet- or computer-based community | 22636 |
| school, notwithstanding division (C) of section 3317.02 of the | 22637 |
| Revised Code and division (C)(3) of this section; | 22638 |
| (12) The average daily membership of pupils reported under | 22639 |
| division (A)(1) or (2) of this section enrolled in category two | 22640 |
| vocational education programs or services, described in division | 22641 |
| (B) of section 3317.014 of the Revised Code, operated by the | 22642 |
| school district or another school district, other than a joint | 22643 |
| vocational school district, or by an educational service center, | 22644 |
| excluding any student reported under division (B)(3)(e) of this | 22645 |
| section as enrolled in an internet- or computer-based community | 22646 |
| school, notwithstanding division (C) of section 3317.02 of the | 22647 |
| Revised Code and division (C)(3) of this section; | 22648 |
| (13) The average number of children transported by the school | 22649 |
| district on board-owned or contractor-owned and -operated buses, | 22650 |
| reported in accordance with rules adopted by the department of | 22651 |
| education; | 22652 |
| (14)(a) The number of children, other than handicapped | 22653 |
| preschool children, the district placed with a county MR/DD board | 22654 |
| in fiscal year 1998; | 22655 |
| (b) The number of handicapped children, other than | 22656 |
| handicapped preschool children, placed with a county MR/DD board | 22657 |
| in the current fiscal year to receive special education services | 22658 |
| for the category one handicap described in division (A) of section | 22659 |
| 3317.013 of the Revised Code; | 22660 |
| (c) The number of handicapped children, other than | 22661 |
| handicapped preschool children, placed with a county MR/DD board | 22662 |
| in the current fiscal year to receive special education services | 22663 |
| for category two handicaps described in division (B) of section | 22664 |
| 3317.013 of the Revised Code; | 22665 |
| (d) The number of handicapped children, other than | 22666 |
| handicapped preschool children, placed with a county MR/DD board | 22667 |
| in the current fiscal year to receive special education services | 22668 |
| for category three handicaps described in division (C) of section | 22669 |
| 3317.013 of the Revised Code; | 22670 |
| (e) The number of handicapped children, other than | 22671 |
| handicapped preschool children, placed with a county MR/DD board | 22672 |
| in the current fiscal year to receive special education services | 22673 |
| for category four handicaps described in division (D) of section | 22674 |
| 3317.013 of the Revised Code; | 22675 |
| (f) The number of handicapped children, other than | 22676 |
| handicapped preschool children, placed with a county MR/DD board | 22677 |
| in the current fiscal year to receive special education services | 22678 |
| for the category five handicap described in division (E) of | 22679 |
| section 3317.013 of the Revised Code; | 22680 |
| (g) The number of handicapped children, other than | 22681 |
| handicapped preschool children, placed with a county MR/DD board | 22682 |
| in the current fiscal year to receive special education services | 22683 |
| for category six handicaps described in division (F) of section | 22684 |
| 3317.013 of the Revised Code. | 22685 |
| (C)(1) Except as otherwise provided in this section for | 22686 |
| kindergarten students, the average daily membership in divisions | 22687 |
| (B)(1) to (12) of this section shall be based upon the number of | 22688 |
| full-time equivalent students. The state board of education shall | 22689 |
| adopt rules defining full-time equivalent students and for | 22690 |
| determining the average daily membership therefrom for the | 22691 |
| purposes of divisions (A), (B), and (D) of this section. | 22692 |
| (2) A student enrolled in a community school established | 22693 |
| under Chapter 3314. of the Revised Code shall be counted in the | 22694 |
| formula ADM and, if applicable, the category one, two, three, | 22695 |
| four, five, or six special education ADM of the school district in | 22696 |
| which the student is entitled to attend school under section | 22697 |
| 3313.64 or 3313.65 of the Revised Code for the same proportion of | 22698 |
| the school year that the student is counted in the enrollment of | 22699 |
| the community school for purposes of section 3314.08 of the | 22700 |
| Revised Code. | 22701 |
| (3) No child shall be counted as more than a total of one | 22702 |
| child in the sum of the average daily memberships of a school | 22703 |
| district under division (A), divisions (B)(1) to (12), or division | 22704 |
| (D) of this section, except as follows: | 22705 |
| (a) A child with a handicap described in section 3317.013 of | 22706 |
| the Revised Code may be counted both in formula ADM and in | 22707 |
| category one, two, three, four, five, or six special education ADM | 22708 |
| and, if applicable, in category one or two vocational education | 22709 |
| ADM. As provided in division (C) of section 3317.02 of the Revised | 22710 |
| Code, such a child shall be counted in category one, two, three, | 22711 |
| four, five, or six special education ADM in the same proportion | 22712 |
| that the child is counted in formula ADM. | 22713 |
| (b) A child enrolled in vocational education programs or | 22714 |
| classes described in section 3317.014 of the Revised Code may be | 22715 |
| counted both in formula ADM and category one or two vocational | 22716 |
| education ADM and, if applicable, in category one, two, three, | 22717 |
| four, five, or six special education ADM. Such a child shall be | 22718 |
| counted in category one or two vocational education ADM in the | 22719 |
| same proportion as the percentage of time that the child spends in | 22720 |
| the vocational education programs or classes. | 22721 |
| (4) Based on the information reported under this section, the | 22722 |
| department of education shall determine the total student count, | 22723 |
| as defined in section 3301.011 of the Revised Code, for each | 22724 |
| school district. | 22725 |
| (D)(1) The superintendent of each joint vocational school | 22726 |
| district shall certify to the superintendent of public instruction | 22727 |
| on or before the fifteenth day of October in each year for the | 22728 |
|
first full school week in
October the formula ADM. | 22729 |
| 22730 | |
| 22731 | |
| 22732 | |
| 22733 | |
| 22734 | |
| 22735 | |
| 22736 | |
| 22737 | |
| 22738 | |
| 22739 | |
| 22740 | |
| 22741 |
| The formula ADM, except as otherwise provided in this | 22742 |
| division, shall consist of the average daily membership during | 22743 |
| such week, on an FTE basis, of the number of students receiving | 22744 |
| any educational services from the district, including students | 22745 |
| enrolled in a community school established under Chapter 3314. of | 22746 |
| the Revised Code who are attending the joint vocational district | 22747 |
| under an agreement between the district board of education and the | 22748 |
| governing authority of the community school and are entitled to | 22749 |
| attend school in a city, local, or exempted village school | 22750 |
| district whose territory is part of the territory of the joint | 22751 |
|
vocational district. | 22752 |
| 22753 | |
| 22754 | |
| 22755 | |
| 22756 | |
| 22757 | |
| 22758 | |
| 22759 |
| The following categories of students shall not be included in | 22760 |
| the determination made under division (D)(1) of this section: | 22761 |
| (a) Students enrolled in adult education classes; | 22762 |
| (b) Adjacent or other district joint vocational students | 22763 |
| enrolled in the district under an open enrollment policy pursuant | 22764 |
| to section 3313.98 of the Revised Code; | 22765 |
| (c) Students receiving services in the district pursuant to a | 22766 |
| compact, cooperative education agreement, or a contract, but who | 22767 |
| are entitled to attend school in a city, local, or exempted | 22768 |
| village school district whose territory is not part of the | 22769 |
| territory of the joint vocational district; | 22770 |
| (d) Students for whom tuition is payable pursuant to sections | 22771 |
| 3317.081 and 3323.141 of the Revised Code. | 22772 |
| (2) To enable the department of education to obtain the data | 22773 |
| needed to complete the calculation of payments pursuant to this | 22774 |
| chapter, in addition to the formula ADM, each superintendent shall | 22775 |
| report separately the average daily membership included in the | 22776 |
| report under division (D)(1) of this section for each of the | 22777 |
| following categories of students for the same week for which | 22778 |
| formula ADM is certified: | 22779 |
| (a) Students enrolled in each grade included in the joint | 22780 |
| vocational district schools; | 22781 |
| (b) Handicapped children receiving special education services | 22782 |
| for the category one handicap described in division (A) of section | 22783 |
| 3317.013 of the Revised Code; | 22784 |
| (c) Handicapped children receiving special education services | 22785 |
| for the category two handicaps described in division (B) of | 22786 |
| section 3317.013 of the Revised Code; | 22787 |
| (d) Handicapped children receiving special education services | 22788 |
| for category three handicaps described in division (C) of section | 22789 |
| 3317.013 of the Revised Code; | 22790 |
| (e) Handicapped children receiving special education services | 22791 |
| for category four handicaps described in division (D) of section | 22792 |
| 3317.013 of the Revised Code; | 22793 |
| (f) Handicapped children receiving special education services | 22794 |
| for the category five handicap described in division (E) of | 22795 |
| section 3317.013 of the Revised Code; | 22796 |
| (g) Handicapped children receiving special education services | 22797 |
| for category six handicaps described in division (F) of section | 22798 |
| 3317.013 of the Revised Code; | 22799 |
| (h) Students receiving category one vocational education | 22800 |
| services, described in division (A) of section 3317.014 of the | 22801 |
| Revised Code; | 22802 |
| (i) Students receiving category two vocational education | 22803 |
| services, described in division (B) of section 3317.014 of the | 22804 |
| Revised Code. | 22805 |
| The superintendent of each joint vocational school district | 22806 |
| shall also indicate the city, local, or exempted village school | 22807 |
| district in which each joint vocational district pupil is entitled | 22808 |
| to attend school pursuant to section 3313.64 or 3313.65 of the | 22809 |
| Revised Code. | 22810 |
| (E) In each school of each city, local, exempted village, | 22811 |
| joint vocational, and cooperative education school district there | 22812 |
| shall be maintained a record of school membership, which record | 22813 |
| shall accurately show, for each day the school is in session, the | 22814 |
| actual membership enrolled in regular day classes. For the purpose | 22815 |
| of determining average daily membership, the membership figure of | 22816 |
| any school shall not include any pupils except those pupils | 22817 |
| described by division (A) of this section. The record of | 22818 |
| membership for each school shall be maintained in such manner that | 22819 |
| no pupil shall be counted as in membership prior to the actual | 22820 |
| date of entry in the school and also in such manner that where for | 22821 |
| any cause a pupil permanently withdraws from the school that pupil | 22822 |
| shall not be counted as in membership from and after the date of | 22823 |
| such withdrawal. There shall not be included in the membership of | 22824 |
| any school any of the following: | 22825 |
| (1) Any pupil who has graduated from the twelfth grade of a | 22826 |
| public or nonpublic high school; | 22827 |
| (2) Any pupil who is not a resident of the state; | 22828 |
| (3) Any pupil who was enrolled in the schools of the district | 22829 |
| during the previous school year when tests were administered under | 22830 |
| section 3301.0711 of the Revised Code but did not take one or more | 22831 |
| of the tests required by that section and was not excused pursuant | 22832 |
| to division (C)(1) or (3) of that section; | 22833 |
| (4) Any pupil who has attained the age of twenty-two years, | 22834 |
| except for veterans of the armed services whose attendance was | 22835 |
| interrupted before completing the recognized twelve-year course of | 22836 |
| the public schools by reason of induction or enlistment in the | 22837 |
| armed forces and who apply for reenrollment in the public school | 22838 |
| system of their residence not later than four years after | 22839 |
| termination of war or their honorable discharge. | 22840 |
| If, however, any veteran described by division (E)(4) of this | 22841 |
| section elects to enroll in special courses organized for veterans | 22842 |
| for whom tuition is paid under the provisions of federal laws, or | 22843 |
| otherwise, that veteran shall not be included in average daily | 22844 |
| membership. | 22845 |
| Notwithstanding division (E)(3) of this section, the | 22846 |
| membership of any school may include a pupil who did not take a | 22847 |
| test required by section 3301.0711 of the Revised Code if the | 22848 |
| superintendent of public instruction grants a waiver from the | 22849 |
| requirement to take the test to the specific pupil and a parent is | 22850 |
| not paying tuition for the pupil pursuant to section 3313.6410 of | 22851 |
| the Revised Code. The superintendent may grant such a waiver only | 22852 |
| for good cause in accordance with rules adopted by the state board | 22853 |
| of education. | 22854 |
| Except as provided in divisions (B)(2) and (F) of this | 22855 |
| section, the average daily membership figure of any local, city, | 22856 |
| exempted village, or joint vocational school district shall be | 22857 |
| determined by dividing the figure representing the sum of the | 22858 |
| number of pupils enrolled during each day the school of attendance | 22859 |
| is actually open for instruction during the week for which the | 22860 |
| formula ADM is being certified by the total number of days the | 22861 |
| school was actually open for instruction during that week. For | 22862 |
| purposes of state funding, "enrolled" persons are only those | 22863 |
| pupils who are attending school, those who have attended school | 22864 |
| during the current school year and are absent for authorized | 22865 |
| reasons, and those handicapped children currently receiving home | 22866 |
| instruction. | 22867 |
| The average daily membership figure of any cooperative | 22868 |
| education school district shall be determined in accordance with | 22869 |
| rules adopted by the state board of education. | 22870 |
| (F)(1) If the formula ADM for the first full school week in | 22871 |
| February is at least three per cent greater than that certified | 22872 |
| for the first full school week in the preceding October, the | 22873 |
| superintendent of schools of any city, exempted village, or joint | 22874 |
| vocational school district or educational service center shall | 22875 |
| certify such increase to the superintendent of public instruction. | 22876 |
| Such certification shall be submitted no later than the fifteenth | 22877 |
| day of February. For the balance of the fiscal year, beginning | 22878 |
| with the February payments, the superintendent of public | 22879 |
| instruction shall use the increased formula ADM in calculating or | 22880 |
| recalculating the amounts to be allocated in accordance with | 22881 |
| section 3317.022 or 3317.16 of the Revised Code. In no event shall | 22882 |
| the superintendent use an increased membership certified to the | 22883 |
| superintendent after the
fifteenth day of February. | 22884 |
| 22885 |
| (2) If on the first school day of April the total number of | 22886 |
| classes or units for handicapped preschool children that are | 22887 |
| eligible for approval under division (B) of section 3317.05 of the | 22888 |
| Revised Code exceeds the number of units that have been approved | 22889 |
| for the year under that division, the superintendent of schools of | 22890 |
| any city, exempted village, or cooperative education school | 22891 |
| district or educational service center shall make the | 22892 |
| certifications required by this section for that day. If the | 22893 |
| department determines additional units can be approved for the | 22894 |
| fiscal year within any limitations set forth in the acts | 22895 |
| appropriating moneys for the funding of such units, the department | 22896 |
| shall approve additional units for the fiscal year on the basis of | 22897 |
| such average daily membership. For each unit so approved, the | 22898 |
| department shall pay an amount computed in the manner prescribed | 22899 |
| in section 3317.052 or 3317.19 and section 3317.053 of the Revised | 22900 |
| Code. | 22901 |
| (3) If a student attending a community school under Chapter | 22902 |
| 3314. of the Revised Code is not included in the formula ADM | 22903 |
| certified for the school district in which the student is entitled | 22904 |
| to attend school under section 3313.64 or 3313.65 of the Revised | 22905 |
| Code, the department of education shall adjust the formula ADM of | 22906 |
| that school district to include the community school student in | 22907 |
| accordance with division (C)(2) of this section, and shall | 22908 |
| recalculate the school district's payments under this chapter for | 22909 |
| the entire fiscal year on the basis of that adjusted formula ADM. | 22910 |
| This requirement applies regardless of whether the student was | 22911 |
| enrolled, as defined in division (E) of this section, in the | 22912 |
| community school during the week for which the formula ADM is | 22913 |
| being certified. | 22914 |
| (4) If a student awarded an educational choice scholarship is | 22915 |
| not included in the formula ADM of the school district from which | 22916 |
| the department deducts funds for the scholarship under section | 22917 |
| 3310.08 of the Revised Code, the department shall adjust the | 22918 |
| formula ADM of that school district to include the student to the | 22919 |
| extent necessary to account for the deduction, and shall | 22920 |
| recalculate the school district's payments under this chapter for | 22921 |
| the entire fiscal year on the basis of that adjusted formula ADM. | 22922 |
| This requirement applies regardless of whether the student was | 22923 |
| enrolled, as defined in division (E) of this section, in the | 22924 |
| chartered nonpublic school, the school district, or a community | 22925 |
| school during the week for which the formula ADM is being | 22926 |
| certified. | 22927 |
| (G)(1)(a) The superintendent of an institution operating a | 22928 |
| special education program pursuant to section 3323.091 of the | 22929 |
| Revised Code shall, for the programs under such superintendent's | 22930 |
| supervision, certify to the state board of education, in the | 22931 |
| manner prescribed by the superintendent of public instruction, | 22932 |
| both of the following: | 22933 |
| (i) The average daily membership of all handicapped children | 22934 |
| other than handicapped preschool children receiving services at | 22935 |
| the institution for each category of handicap described in | 22936 |
| divisions (A) to (F) of section 3317.013 of the Revised Code; | 22937 |
| (ii) The average daily membership of all handicapped | 22938 |
| preschool children in classes or programs approved annually by the | 22939 |
| department of education for unit funding under section 3317.05 of | 22940 |
| the Revised Code. | 22941 |
| (b) The superintendent of an institution with vocational | 22942 |
| education units approved under division (A) of section 3317.05 of | 22943 |
| the Revised Code shall, for the units under the superintendent's | 22944 |
| supervision, certify to the state board of education the average | 22945 |
| daily membership in those units, in the manner prescribed by the | 22946 |
| superintendent of public instruction. | 22947 |
| (2) The superintendent of each county MR/DD board that | 22948 |
| maintains special education classes under section 3317.20 of the | 22949 |
| Revised Code or units approved pursuant to section 3317.05 of the | 22950 |
| Revised Code shall do both of the following: | 22951 |
| (a) Certify to the state board, in the manner prescribed by | 22952 |
| the board, the average daily membership in classes under section | 22953 |
| 3317.20 of the Revised Code for each school district that has | 22954 |
| placed children in the classes; | 22955 |
| (b) Certify to the state board, in the manner prescribed by | 22956 |
| the board, the number of all handicapped preschool children | 22957 |
| enrolled as of the first day of December in classes eligible for | 22958 |
| approval under division (B) of section 3317.05 of the Revised | 22959 |
| Code, and the number of those classes. | 22960 |
| (3)(a) If on the first school day of April the number of | 22961 |
| classes or units maintained for handicapped preschool children by | 22962 |
| the county MR/DD board that are eligible for approval under | 22963 |
| division (B) of section 3317.05 of the Revised Code is greater | 22964 |
| than the number of units approved for the year under that | 22965 |
| division, the superintendent shall make the certification required | 22966 |
| by this section for that day. | 22967 |
| (b) If the department determines that additional classes or | 22968 |
| units can be approved for the fiscal year within any limitations | 22969 |
| set forth in the acts appropriating moneys for the funding of the | 22970 |
| classes and units described in division (G)(3)(a) of this section, | 22971 |
| the department shall approve and fund additional units for the | 22972 |
| fiscal year on the basis of such average daily membership. For | 22973 |
| each unit so approved, the department shall pay an amount computed | 22974 |
| in the manner prescribed in sections 3317.052 and 3317.053 of the | 22975 |
| Revised Code. | 22976 |
| (H) Except as provided in division (I) of this section, when | 22977 |
| any city, local, or exempted village school district provides | 22978 |
| instruction for a nonresident pupil whose attendance is | 22979 |
| unauthorized attendance as defined in section 3327.06 of the | 22980 |
| Revised Code, that pupil's membership shall not be included in | 22981 |
| that district's membership figure used in the calculation of that | 22982 |
| district's formula ADM or included in the determination of any | 22983 |
| unit approved for the district under section 3317.05 of the | 22984 |
| Revised Code. The reporting official shall report separately the | 22985 |
| average daily membership of all pupils whose attendance in the | 22986 |
| district is unauthorized attendance, and the membership of each | 22987 |
| such pupil shall be credited to the school district in which the | 22988 |
| pupil is entitled to attend school under division (B) of section | 22989 |
| 3313.64 or section 3313.65 of the Revised Code as determined by | 22990 |
| the department of education. | 22991 |
| (I)(1) A city, local, exempted village, or joint vocational | 22992 |
| school district admitting a scholarship student of a pilot project | 22993 |
| district pursuant to division (C) of section 3313.976 of the | 22994 |
| Revised Code may count such student in its average daily | 22995 |
| membership. | 22996 |
| (2) In any year for which funds are appropriated for pilot | 22997 |
| project scholarship programs, a school district implementing a | 22998 |
| state-sponsored pilot project scholarship program that year | 22999 |
| pursuant to sections 3313.974 to 3313.979 of the Revised Code may | 23000 |
| count in average daily membership: | 23001 |
| (a) All children residing in the district and utilizing a | 23002 |
| scholarship to attend kindergarten in any alternative school, as | 23003 |
| defined in section 3313.974 of the Revised Code; | 23004 |
| (b) All children who were enrolled in the district in the | 23005 |
| preceding year who are utilizing a scholarship to attend any such | 23006 |
| alternative school. | 23007 |
| (J) The superintendent of each cooperative education school | 23008 |
| district shall certify to the superintendent of public | 23009 |
| instruction, in a manner prescribed by the state board of | 23010 |
| education, the applicable average daily memberships for all | 23011 |
| students in the cooperative education district, also indicating | 23012 |
| the city, local, or exempted village district where each pupil is | 23013 |
| entitled to attend school under section 3313.64 or 3313.65 of the | 23014 |
| Revised Code. | 23015 |
| (K) If the superintendent of public instruction discovers an | 23016 |
| error in the formula ADM certified by a district superintendent, | 23017 |
| the superintendent of public instruction may order that the | 23018 |
| formula ADM used for the purposes of payments under any section of | 23019 |
| Title XXXIII of the Revised Code be adjusted in the amount of the | 23020 |
| error. | 23021 |
| Sec. 3317.04. The amount paid to school districts in each | 23022 |
| fiscal year under Chapter 3317. of the Revised Code shall not be | 23023 |
| less than the following: | 23024 |
| (A) In the case of a district created under section 3311.26 | 23025 |
| or 3311.37 of the Revised Code, the amount paid shall not be less, | 23026 |
| in any of the three succeeding fiscal years following the | 23027 |
| creation, than the sum of the amounts allocated under Chapter | 23028 |
| 3317. of the Revised Code to the districts separately in the year | 23029 |
| of the creation. | 23030 |
| (B) In the case of a school district which is transferred to | 23031 |
| another school district or districts, pursuant to section 3311.22, | 23032 |
| 3311.231, or 3311.38 of the Revised Code, the amount paid to the | 23033 |
| district accepting the transferred territory shall not be less, in | 23034 |
| any of the three succeeding fiscal years following the transfer, | 23035 |
| than the sum of the amounts allocated under Chapter 3317. of the | 23036 |
| Revised Code to the districts separately in the year of the | 23037 |
| consummation of the transfer. | 23038 |
| | 23039 |
| 23040 | |
| 23041 | |
| 23042 | |
| 23043 | |
| 23044 | |
| 23045 | |
| 23046 | |
| 23047 | |
| 23048 | |
| 23049 | |
| 23050 | |
| 23051 | |
| 23052 | |
| 23053 | |
| 23054 | |
| 23055 |
| | 23056 |
| 23057 | |
| 23058 | |
| 23059 | |
| 23060 | |
| 23061 | |
| 23062 | |
| 23063 | |
| 23064 | |
| 23065 | |
| 23066 | |
| 23067 | |
| 23068 | |
| 23069 | |
| 23070 | |
| 23071 | |
| 23072 | |
| 23073 |
| Notwithstanding sections 3311.22, 3311.231, 3311.26, 3311.37, | 23074 |
| and 3311.38 of the Revised Code, the minimum guarantees prescribed | 23075 |
| by divisions (A) and (B) of this section shall not affect the | 23076 |
| amount of aid received by a school district for more than three | 23077 |
| consecutive years. | 23078 |
| Sec. 3317.06. Moneys paid to school districts under division | 23079 |
| (I) of section 3317.024 of the Revised Code shall be used for the | 23080 |
| following independent and fully severable purposes: | 23081 |
| (A) To purchase such secular textbooks or electronic | 23082 |
| textbooks as have been approved by the superintendent of public | 23083 |
| instruction for use in public schools in the state and to loan | 23084 |
| such textbooks or electronic textbooks to pupils attending | 23085 |
| nonpublic schools within the district or to their parents and to | 23086 |
| hire clerical personnel to administer such lending program. Such | 23087 |
| loans shall be based upon individual requests submitted by such | 23088 |
| nonpublic school pupils or parents. Such requests shall be | 23089 |
| submitted to the school district in which the nonpublic school is | 23090 |
| located. Such individual requests for the loan of textbooks or | 23091 |
| electronic textbooks shall, for administrative convenience, be | 23092 |
| submitted by the nonpublic school pupil or the pupil's parent to | 23093 |
| the nonpublic school, which shall prepare and submit collective | 23094 |
| summaries of the individual requests to the school district. As | 23095 |
| used in this section: | 23096 |
| (1) "Textbook" means any book or book substitute that a pupil | 23097 |
| uses as a consumable or nonconsumable text, text substitute, or | 23098 |
| text supplement in a particular class or program in the school the | 23099 |
| pupil regularly attends. | 23100 |
| (2) "Electronic textbook" means computer software, | 23101 |
| interactive videodisc, magnetic media, CD-ROM, computer | 23102 |
| courseware, local and remote computer assisted instruction, | 23103 |
| on-line service, electronic medium, or other means of conveying | 23104 |
| information to the student or otherwise contributing to the | 23105 |
| learning process through electronic means. | 23106 |
| (B) To provide speech and hearing diagnostic services to | 23107 |
| pupils attending nonpublic schools within the district. Such | 23108 |
| service shall be provided in the nonpublic school attended by the | 23109 |
| pupil receiving the service. | 23110 |
| (C) To provide physician, nursing, dental, and optometric | 23111 |
| services to pupils attending nonpublic schools within the | 23112 |
| district. Such services shall be provided in the school attended | 23113 |
| by the nonpublic school pupil receiving the service. | 23114 |
| (D) To provide diagnostic psychological services to pupils | 23115 |
| attending nonpublic schools within the district. Such services | 23116 |
| shall be provided in the school attended by the pupil receiving | 23117 |
| the service. | 23118 |
| (E) To provide therapeutic psychological and speech and | 23119 |
| hearing services to pupils attending nonpublic schools within the | 23120 |
| district. Such services shall be provided in the public school, in | 23121 |
| nonpublic schools, in public centers, or in mobile units located | 23122 |
| on or off of the nonpublic premises. If such services are provided | 23123 |
| in the public school or in public centers, transportation to and | 23124 |
| from such facilities shall be provided by the school district in | 23125 |
| which the nonpublic school is located. | 23126 |
| (F) To provide guidance and counseling services to pupils | 23127 |
| attending nonpublic schools within the district. Such services | 23128 |
| shall be provided in the public school, in nonpublic schools, in | 23129 |
| public centers, or in mobile units located on or off of the | 23130 |
| nonpublic premises. If such services are provided in the public | 23131 |
| school or in public centers, transportation to and from such | 23132 |
| facilities shall be provided by the school district in which the | 23133 |
| nonpublic school is located. | 23134 |
| (G) To provide remedial services to pupils attending | 23135 |
| nonpublic schools within the district. Such services shall be | 23136 |
| provided in the public school, in nonpublic schools, in public | 23137 |
| centers, or in mobile units located on or off of the nonpublic | 23138 |
| premises. If such services are provided in the public school or in | 23139 |
| public centers, transportation to and from such facilities shall | 23140 |
| be provided by the school district in which the nonpublic school | 23141 |
| is located. | 23142 |
| (H) To supply for use by pupils attending nonpublic schools | 23143 |
| within the district such standardized tests and scoring services | 23144 |
| as are in use in the public schools of the state; | 23145 |
| (I) To provide programs for children who attend nonpublic | 23146 |
| schools within the district and are handicapped children as | 23147 |
| defined in division (A) of section 3323.01 of the Revised Code or | 23148 |
| gifted children. Such programs shall be provided in the public | 23149 |
| school, in nonpublic schools, in public centers, or in mobile | 23150 |
| units located on or off of the nonpublic premises. If such | 23151 |
| programs are provided in the public school or in public centers, | 23152 |
| transportation to and from such facilities shall be provided by | 23153 |
| the school district in which the nonpublic school is located. | 23154 |
| (J) To hire clerical personnel to assist in the | 23155 |
| administration of programs pursuant to divisions (B), (C), (D), | 23156 |
| (E), (F), (G), and (I) of this section and to hire supervisory | 23157 |
| personnel to supervise the providing of services and textbooks | 23158 |
| pursuant to this section. | 23159 |
| (K) To purchase or lease any secular, neutral, and | 23160 |
| nonideological computer software (including site-licensing), | 23161 |
| prerecorded video laserdiscs, digital video on demand (DVD), | 23162 |
| compact discs, and video cassette cartridges, wide area | 23163 |
| connectivity and related technology as it relates to internet | 23164 |
| access, mathematics or science equipment and materials, | 23165 |
| instructional materials, and school library materials that are in | 23166 |
| general use in the public schools of the state and loan such items | 23167 |
| to pupils attending nonpublic schools within the district or to | 23168 |
| their parents, and to hire clerical personnel to administer the | 23169 |
| lending program. Only such items that are incapable of diversion | 23170 |
| to religious use and that are susceptible of loan to individual | 23171 |
| pupils and are furnished for the use of individual pupils shall be | 23172 |
| purchased and loaned under this division. As used in this section, | 23173 |
| "instructional materials" means prepared learning materials that | 23174 |
| are secular, neutral, and nonideological in character and are of | 23175 |
| benefit to the instruction of school children, and may include | 23176 |
| educational resources and services developed by the eTech Ohio | 23177 |
| commission. | 23178 |
| (L) To purchase or lease instructional equipment, including | 23179 |
| computer hardware and related equipment in general use in the | 23180 |
| public schools of the state, for use by pupils attending nonpublic | 23181 |
| schools within the district and to loan such items to pupils | 23182 |
| attending nonpublic schools within the district or to their | 23183 |
| parents, and to hire clerical personnel to administer the lending | 23184 |
| program. | 23185 |
| (M) To purchase mobile units to be used for the provision of | 23186 |
| services pursuant to divisions (E), (F), (G), and (I) of this | 23187 |
| section and to pay for necessary repairs and operating costs | 23188 |
| associated with these units. | 23189 |
| (N) To reimburse costs the district incurred to store the | 23190 |
| records of a chartered nonpublic school that closes. | 23191 |
| Reimbursements under this division shall be made one time only for | 23192 |
| each chartered nonpublic school that closes. | 23193 |
| Clerical and supervisory personnel hired pursuant to division | 23194 |
| (J) of this section shall perform their services in the public | 23195 |
| schools, in nonpublic schools, public centers, or mobile units | 23196 |
| where the services are provided to the nonpublic school pupil, | 23197 |
| except that such personnel may accompany pupils to and from the | 23198 |
| service sites when necessary to ensure the safety of the children | 23199 |
| receiving the services. | 23200 |
| All services provided pursuant to this section may be | 23201 |
| provided under contract with educational service centers, the | 23202 |
| department of health, city or general health districts, or private | 23203 |
| agencies whose personnel are properly licensed by an appropriate | 23204 |
| state board or agency. | 23205 |
| Transportation of pupils provided pursuant to divisions (E), | 23206 |
| (F), (G), and (I) of this section shall be provided by the school | 23207 |
| district from its general funds and not from moneys paid to it | 23208 |
| under division (I) of section 3317.024 of the Revised Code unless | 23209 |
| a special transportation request is submitted by the parent of the | 23210 |
| child receiving service pursuant to such divisions. If such an | 23211 |
| application is presented to the school district, it may pay for | 23212 |
| the transportation from moneys paid to it under division (I) of | 23213 |
| section 3317.024 of the Revised Code. | 23214 |
| No school district shall provide health or remedial services | 23215 |
| to nonpublic school pupils as authorized by this section unless | 23216 |
| such services are available to pupils attending the public schools | 23217 |
| within the district. | 23218 |
| Materials, equipment, computer hardware or software, | 23219 |
| textbooks, electronic textbooks, and health and remedial services | 23220 |
| provided for the benefit of nonpublic school pupils pursuant to | 23221 |
| this section and the admission of pupils to such nonpublic schools | 23222 |
| shall be provided without distinction as to race, creed, color, or | 23223 |
| national origin of such pupils or of their teachers. | 23224 |
| No school district shall provide services, materials, or | 23225 |
| equipment that contain religious content for use in religious | 23226 |
| courses, devotional exercises, religious training, or any other | 23227 |
| religious activity. | 23228 |
| As used in this section, "parent" includes a person standing | 23229 |
| in loco parentis to a child. | 23230 |
| Notwithstanding section 3317.01 of the Revised Code, payments | 23231 |
| shall be made under this section to any city, local, or exempted | 23232 |
| village school district within which is located one or more | 23233 |
| nonpublic elementary or high schools and any payments made to | 23234 |
| school districts under division (I) of section 3317.024 of the | 23235 |
| Revised Code for purposes of this section may be disbursed without | 23236 |
| submission to and approval of the controlling board. | 23237 |
| The allocation of payments for materials, equipment, | 23238 |
| textbooks, electronic textbooks, health services, and remedial | 23239 |
| services to city, local, and exempted village school districts | 23240 |
| shall be on the basis of the state board of education's estimated | 23241 |
| annual average daily membership in nonpublic elementary and high | 23242 |
| schools located in the district. | 23243 |
| Payments made to city, local, and exempted village school | 23244 |
| districts under this section shall be equal to specific | 23245 |
| appropriations made for the purpose. All interest earned by a | 23246 |
| school district on such payments shall be used by the district for | 23247 |
| the same purposes and in the same manner as the payments may be | 23248 |
| used. | 23249 |
| The department of education shall adopt guidelines and | 23250 |
| procedures under which such programs and services shall be | 23251 |
| provided, under which districts shall be reimbursed for | 23252 |
| administrative costs incurred in providing such programs and | 23253 |
| services, and under which any unexpended balance of the amounts | 23254 |
| appropriated by the general assembly to implement this section may | 23255 |
| be transferred to the auxiliary services personnel unemployment | 23256 |
| compensation fund established pursuant to section 4141.47 of the | 23257 |
| Revised Code. The department shall also adopt guidelines and | 23258 |
| procedures limiting the purchase and loan of the items described | 23259 |
| in division (K) of this section to items that are in general use | 23260 |
| in the public schools of the state, that are incapable of | 23261 |
| diversion to religious use, and that are susceptible to individual | 23262 |
| use rather than classroom use. Within thirty days after the end of | 23263 |
| each biennium, each board of education shall remit to the | 23264 |
| department all moneys paid to it under division (I) of section | 23265 |
| 3317.024 of the Revised Code and any interest earned on those | 23266 |
| moneys that are not required to pay expenses incurred under this | 23267 |
| section during the biennium for which the money was appropriated | 23268 |
| and during which the interest was earned. If a board of education | 23269 |
| subsequently determines that the remittal of moneys leaves the | 23270 |
| board with insufficient money to pay all valid expenses incurred | 23271 |
| under this section during the biennium for which the remitted | 23272 |
| money was appropriated, the board may apply to the department of | 23273 |
| education for a refund of money, not to exceed the amount of the | 23274 |
| insufficiency. If the department determines the expenses were | 23275 |
| lawfully incurred and would have been lawful expenditures of the | 23276 |
| refunded money, it shall certify its determination and the amount | 23277 |
| of the refund to be made to the director of job and family | 23278 |
| services who shall make a refund as provided in section 4141.47 of | 23279 |
| the Revised Code. | 23280 |
| Each school district shall label materials, equipment, | 23281 |
| computer hardware or software, textbooks, and electronic textbooks | 23282 |
| purchased or leased for loan to a nonpublic school under this | 23283 |
| section, acknowledging that they were purchased or leased with | 23284 |
| state funds under this section. However, a district need not label | 23285 |
| materials, equipment, computer hardware or software, textbooks, or | 23286 |
| electronic textbooks that the district determines are consumable | 23287 |
| in nature or have a value of less than two hundred dollars. | 23288 |
| Sec. 3317.08. A board of education may admit to its schools | 23289 |
| a child it is not required by section 3313.64 or 3313.65 of the | 23290 |
| Revised Code to admit, if tuition is paid for the child. | 23291 |
| Unless otherwise provided by law, tuition shall be computed | 23292 |
| in accordance with this section. A district's tuition charge for a | 23293 |
| school year shall be one of the following: | 23294 |
| (A) For any child, except a handicapped preschool child | 23295 |
| described in division (B) of this section, the quotient obtained | 23296 |
| by dividing the sum of the amounts described in divisions (A)(1) | 23297 |
| and (2) of this section by the district's formula ADM. | 23298 |
| (1) The district's total taxes charged and payable for | 23299 |
| current expenses for the tax year preceding the tax year in which | 23300 |
| the school year begins as certified under division (A)(3) of | 23301 |
| section 3317.021 of the Revised Code. | 23302 |
| (2) The district's total taxes collected for current expenses | 23303 |
| under a school district income tax adopted pursuant to section | 23304 |
| 5748.03 or 5748.08 of the Revised Code that are disbursed to the | 23305 |
| district during the fiscal year. On or before the first day of | 23306 |
| June of each year, the tax commissioner shall certify the amount | 23307 |
| to be used in the calculation under this division for the next | 23308 |
| fiscal year to the department of education and the office of | 23309 |
| budget and management for each city, local, and exempted village | 23310 |
| school district that levies a school district income tax. | 23311 |
| (B) For any handicapped preschool child not included in a | 23312 |
| unit approved under division (B) of section 3317.05 of the Revised | 23313 |
| Code, an amount computed for the school year as follows: | 23314 |
| (1) For each type of special education service provided to | 23315 |
| the child for whom tuition is being calculated, determine the | 23316 |
| amount of the district's operating expenses in providing that type | 23317 |
| of service to all handicapped preschool children not included in | 23318 |
| units approved under division (B) of section 3317.05 of the | 23319 |
| Revised Code; | 23320 |
| (2) For each type of special education service for which | 23321 |
| operating expenses are determined under division (B)(1) of this | 23322 |
| section, determine the amount of such operating expenses that was | 23323 |
| paid from any state funds received under this chapter; | 23324 |
| (3) For each type of special education service for which | 23325 |
| operating expenses are determined under division (B)(1) of this | 23326 |
| section, divide the difference between the amount determined under | 23327 |
| division (B)(1) of this section and the amount determined under | 23328 |
| division (B)(2) of this section by the total number of handicapped | 23329 |
| preschool children not included in units approved under division | 23330 |
| (B) of section 3317.05 of the Revised Code who received that type | 23331 |
| of service; | 23332 |
| (4) Determine the sum of the quotients obtained under | 23333 |
| division (B)(3) of this section for all types of special education | 23334 |
| services provided to the child for whom tuition is being | 23335 |
| calculated. | 23336 |
| The state board of education shall adopt rules defining the | 23337 |
| types of special education services and specifying the operating | 23338 |
| expenses to be used in the computation under this section. | 23339 |
| If any child for whom a tuition charge is computed under this | 23340 |
| section for any school year is enrolled in a district for only | 23341 |
| part of that school year, the amount of the district's tuition | 23342 |
| charge for the child for the school year shall be computed in | 23343 |
| proportion to the number of school days the child is enrolled in | 23344 |
| the district during the school year. | 23345 |
| Except as otherwise provided in division (J) of section | 23346 |
| 3313.64 of the Revised Code, whenever a district admits a child to | 23347 |
| its schools for whom tuition computed in accordance with this | 23348 |
| section is an obligation of another school district, the amount of | 23349 |
| the tuition shall be certified by the treasurer of the board of | 23350 |
| education of the district of attendance, to the board of education | 23351 |
| of the district required to pay tuition for its approval and | 23352 |
| payment. If agreement as to the amount payable or the district | 23353 |
| required to pay the tuition cannot be reached, or the board of | 23354 |
| education of the district required to pay the tuition refuses to | 23355 |
| pay that amount, the board of education of the district of | 23356 |
| attendance shall notify the superintendent of public instruction. | 23357 |
| The superintendent shall determine the correct amount and the | 23358 |
| district required to pay the tuition and shall deduct that amount, | 23359 |
| if any, under division (G) of section 3317.023 of the Revised | 23360 |
| Code, from the district required to pay the tuition and add that | 23361 |
| amount to the amount allocated to the district attended under such | 23362 |
| division. The superintendent of public instruction shall send to | 23363 |
| the district required to pay the tuition an itemized statement | 23364 |
| showing such deductions at the time of such deduction. | 23365 |
| When a political subdivision owns and operates an airport, | 23366 |
| welfare, or correctional institution or other project or facility | 23367 |
| outside its corporate limits, the territory within which the | 23368 |
| facility is located is exempt from taxation by the school district | 23369 |
| within which such territory is located, and there are school age | 23370 |
| children residing within such territory, the political subdivision | 23371 |
| owning such tax exempt territory shall pay tuition to the district | 23372 |
| in which such children attend school. The tuition for these | 23373 |
| children shall be computed as provided for in this section. | 23374 |
| Sec. 3317.16. (A) As used in this section: | 23375 |
| (1) "State share percentage" means the percentage calculated | 23376 |
| for a joint vocational school district as follows: | 23377 |
| (a) Calculate the state base cost funding amount for the | 23378 |
| district under division (B) of this section. If the district would | 23379 |
| not receive any base cost funding for that year under that | 23380 |
| division, the district's state share percentage is zero. | 23381 |
| (b) If the district would receive base cost funding under | 23382 |
| that division, divide that base cost amount by an amount equal to | 23383 |
| the following: | 23384 |
| 23385 |
| 23386 |
| 23387 |
| The resultant number is the district's state share | 23388 |
| percentage. | 23389 |
| (2) The "total special education weight" for a joint | 23390 |
| vocational school district shall be calculated in the same manner | 23391 |
| as prescribed in division (B)(1) of section 3317.022 of the | 23392 |
| Revised Code. | 23393 |
| (3) The "total vocational education weight" for a joint | 23394 |
| vocational school district shall be calculated in the same manner | 23395 |
| as prescribed in division (B)(4) of section 3317.022 of the | 23396 |
| Revised Code. | 23397 |
| (4) The "total recognized valuation" of a joint vocational | 23398 |
| school district shall be determined by adding the recognized | 23399 |
| valuations of all its constituent school districts for the | 23400 |
| applicable fiscal year. | 23401 |
| (5) "Resident district" means the city, local, or exempted | 23402 |
| village school district in which a student is entitled to attend | 23403 |
| school under section 3313.64 or 3313.65 of the Revised Code. | 23404 |
| (6) "Community school" means a community school established | 23405 |
| under Chapter 3314. of the Revised Code. | 23406 |
| (B) The department of education shall compute and distribute | 23407 |
| state base cost funding to each joint vocational school district | 23408 |
|
for the
fiscal year in accordance with | 23409 |
| 23410 |
| | 23411 |
| 23412 |
| 23413 |
| 23414 |
| 23415 |
| If the difference obtained under this division is a negative | 23416 |
| number, the district's computation shall be zero. | 23417 |
| | 23418 |
| | 23419 |
| 23420 | |
| 23421 | |
| 23422 | |
| 23423 |
| | 23424 |
| 23425 |
| 23426 |
| 23427 |
| | 23428 |
| 23429 | |
| 23430 | |
| 23431 | |
| 23432 | |
| 23433 | |
| 23434 |
| (C)(1) The department shall compute and distribute state | 23435 |
| vocational education additional weighted costs funds to each joint | 23436 |
| vocational school district in accordance with the following | 23437 |
| formula: | 23438 |
| 23439 |
| 23440 |
| In each fiscal year, a joint vocational school district | 23441 |
| receiving funds under division (C)(1) of this section shall spend | 23442 |
| those funds only for the purposes the department designates as | 23443 |
| approved for vocational education expenses. Vocational educational | 23444 |
| expenses approved by the department shall include only expenses | 23445 |
| connected to the delivery of career-technical programming to | 23446 |
| career-technical students. The department shall require the joint | 23447 |
| vocational school district to report data annually so that the | 23448 |
| department may monitor the district's compliance with the | 23449 |
| requirements regarding the manner in which funding received under | 23450 |
| division (C)(1) of this section may be spent. | 23451 |
| (2) The department shall compute for each joint vocational | 23452 |
| school district state funds for vocational education associated | 23453 |
| services costs in accordance with the following formula: | 23454 |
| 23455 |
| 23456 |
| 23457 |
| 23458 |
| In any fiscal year, a joint vocational school district | 23459 |
| receiving funds under division (C)(2) of this section, or through | 23460 |
| a transfer of funds pursuant to division (L) of section 3317.023 | 23461 |
| of the Revised Code, shall spend those funds only for the purposes | 23462 |
| that the department designates as approved for vocational | 23463 |
| education associated services expenses, which may include such | 23464 |
| purposes as apprenticeship coordinators, coordinators for other | 23465 |
| vocational education services, vocational evaluation, and other | 23466 |
| purposes designated by the department. The department may deny | 23467 |
| payment under division (C)(2) of this section to any district that | 23468 |
| the department determines is not operating those services or is | 23469 |
| using funds paid under division (C)(2) of this section, or through | 23470 |
| a transfer of funds pursuant to division (L) of section 3317.023 | 23471 |
| of the Revised Code, for other purposes. | 23472 |
| (D)(1) The department shall compute and distribute state | 23473 |
| special education and related services additional weighted costs | 23474 |
| funds to each joint vocational school district in accordance with | 23475 |
| the following formula: | 23476 |
| 23477 |
| 23478 |
| (2)(a) As used in this division, the "personnel allowance" | 23479 |
|
means
thirty
thousand
dollars in fiscal
years | 23480 |
| 23481 |
| (b) For the provision of speech language pathology services | 23482 |
| to students, including students who do not have individualized | 23483 |
| education programs prepared for them under Chapter 3323. of the | 23484 |
| Revised Code, and for no other purpose, the department shall pay | 23485 |
| each joint vocational school district an amount calculated under | 23486 |
| the following formula: | 23487 |
| 23488 |
| 23489 |
| (3) In any fiscal year, a joint vocational school district | 23490 |
| shall spend for purposes that the department designates as | 23491 |
| approved for special education and related services expenses at | 23492 |
| least the amount calculated as follows: | 23493 |
| 23494 |
| 23495 |
| 23496 |
| 23497 |
| 23498 |
| The purposes approved by the department for special education | 23499 |
| expenses shall include, but shall not be limited to, compliance | 23500 |
| with state rules governing the education of handicapped children, | 23501 |
| providing services identified in a student's individualized | 23502 |
| education program as defined in section 3323.01 of the Revised | 23503 |
| Code, provision of speech language pathology services, and the | 23504 |
| portion of the district's overall administrative and overhead | 23505 |
| costs that are attributable to the district's special education | 23506 |
| student population. | 23507 |
| The department shall require joint vocational school | 23508 |
| districts to report data annually to allow for monitoring | 23509 |
| compliance with division (D)(3) of this section. The department | 23510 |
| shall annually report to the governor and the general assembly the | 23511 |
| amount of money spent by each joint vocational school district for | 23512 |
| special education and related services. | 23513 |
| (4) In any fiscal year, a joint vocational school district | 23514 |
| shall spend for the provision of speech language pathology | 23515 |
| services not less than the sum of the amount calculated under | 23516 |
| division (D)(1) of this section for the students in the district's | 23517 |
| category one special education ADM and the amount calculated under | 23518 |
| division (D)(2) of this section. | 23519 |
| (E)(1) If a joint vocational school district's costs for a | 23520 |
| fiscal year for a student in its categories two through six | 23521 |
| special education ADM exceed the threshold catastrophic cost for | 23522 |
| serving the student, as specified in division (C)(3)(b) of section | 23523 |
| 3317.022 of the Revised Code, the district may submit to the | 23524 |
| superintendent of public instruction documentation, as prescribed | 23525 |
| by the superintendent, of all of its costs for that student. Upon | 23526 |
| submission of documentation for a student of the type and in the | 23527 |
| manner prescribed, the department shall pay to the district an | 23528 |
| amount equal to the sum of the following: | 23529 |
| (a) One-half of the district's costs for the student in | 23530 |
| excess of the threshold catastrophic cost; | 23531 |
| (b) The product of one-half of the district's costs for the | 23532 |
| student in excess of the threshold catastrophic cost multiplied by | 23533 |
| the district's state share percentage. | 23534 |
| (2) The district shall only report under division (E)(1) of | 23535 |
| this section, and the department shall only pay for, the costs of | 23536 |
| educational expenses and the related services provided to the | 23537 |
| student in accordance with the student's individualized education | 23538 |
| program. Any legal fees, court costs, or other costs associated | 23539 |
| with any cause of action relating to the student may not be | 23540 |
| included in the amount. | 23541 |
| (F) Each fiscal year, the department shall pay each joint | 23542 |
| vocational school district an amount for adult technical and | 23543 |
| vocational education and specialized consultants. | 23544 |
| (G)(1) A joint vocational school district's local share of | 23545 |
| special education and related services additional weighted costs | 23546 |
| equals: | 23547 |
| 23548 |
| 23549 |
| 23550 |
| (2) For each handicapped student receiving special education | 23551 |
| and related services under an individualized education program, as | 23552 |
| defined in section 3323.01 of the Revised Code, at a joint | 23553 |
| vocational district, the resident district or, if the student is | 23554 |
| enrolled in a community school, the community school shall be | 23555 |
| responsible for the amount of any costs of providing those special | 23556 |
| education and related services to that student that exceed the sum | 23557 |
| of the amount calculated for those services attributable to that | 23558 |
| student under divisions (B), (D), (E), and (G)(1) of this section. | 23559 |
| Those excess costs shall be calculated by subtracting the sum | 23560 |
| of the following from the actual cost to provide special education | 23561 |
| and related services to the student: | 23562 |
| (a) The | 23563 |
| 23564 |
| (b) The product of the formula amount times the applicable | 23565 |
| multiple specified in section 3317.013 of the Revised Code; | 23566 |
| (c) Any funds paid under division (E) of this section for the | 23567 |
| student; | 23568 |
| (d) Any other funds received by the joint vocational school | 23569 |
| district under this chapter to provide special education and | 23570 |
| related services to the student, not including the amount | 23571 |
| calculated under division (G)(2) of this section. | 23572 |
| (3) The board of education of the joint vocational school | 23573 |
| district may report the excess costs calculated under division | 23574 |
| (G)(2) of this section to the department of education. | 23575 |
| (4) If the board of education of the joint vocational school | 23576 |
| district reports excess costs under division (G)(3) of this | 23577 |
| section, the department shall pay the amount of excess cost | 23578 |
| calculated under division (G)(2) of this section to the joint | 23579 |
| vocational school district and shall deduct that amount as | 23580 |
| provided in division (G)(4)(a) or (b) of this section, as | 23581 |
| applicable: | 23582 |
| (a) If the student is not enrolled in a community school, the | 23583 |
| department shall deduct the amount from the account of the | 23584 |
| student's resident district pursuant to division (M) of section | 23585 |
| 3317.023 of the Revised Code. | 23586 |
| (b) If the student is enrolled in a community school, the | 23587 |
| department shall deduct the amount from the account of the | 23588 |
| community school pursuant to section 3314.083 of the Revised Code. | 23589 |
| Sec. 3317.161. If the department of education is required to | 23590 |
| pay an amount under section 3353.25 of the Revised Code to a | 23591 |
| school district delivering a course included in the clearinghouse | 23592 |
| established under section 3353.21 of the Revised Code for a | 23593 |
| student enrolled in a joint vocational school district, the | 23594 |
| department shall deduct the amount of that payment from the amount | 23595 |
| calculated for the joint vocational school district under section | 23596 |
| 3317.16 of the Revised Code. | 23597 |
| Sec. 3317.20. This section does not apply to handicapped | 23598 |
| preschool children. | 23599 |
| (A) As used in this section: | 23600 |
| (1) "Applicable weight" means the multiple specified in | 23601 |
| section 3317.013 of the Revised Code for a handicap described in | 23602 |
| that section. | 23603 |
| (2) "Child's school district" means the school district in | 23604 |
| which a child is entitled to attend school pursuant to section | 23605 |
| 3313.64 or 3313.65 of the Revised Code. | 23606 |
| (3) "State share percentage" means the state share percentage | 23607 |
| of the child's school district as defined in section 3317.022 of | 23608 |
| the Revised Code. | 23609 |
| (B) Except as provided in division (C) of this section, the | 23610 |
| department shall annually pay each county MR/DD board for each | 23611 |
| handicapped child, other than a handicapped preschool child, for | 23612 |
| whom the county MR/DD board provides special education and related | 23613 |
|
services | 23614 |
| 23615 |
| | 23616 |
| 23617 | |
| 23618 | |
| 23619 |
| | 23620 |
| 23621 | |
| 23622 | |
| applicable weight). | 23623 |
| (C) If any school district places with a county MR/DD board | 23624 |
| more handicapped children than it had placed with a county MR/DD | 23625 |
| board in fiscal year 1998, the department shall not make a payment | 23626 |
| under division (B) of this section for the number of children | 23627 |
| exceeding the number placed in fiscal year 1998. The department | 23628 |
| instead shall deduct from the district's payments under this | 23629 |
| chapter, and pay to the county MR/DD board, an amount calculated | 23630 |
| in accordance with the formula prescribed in division (B) of this | 23631 |
| section for each child over the number of children placed in | 23632 |
| fiscal year 1998. | 23633 |
| (D) The department shall calculate for each county MR/DD | 23634 |
| board receiving payments under divisions (B) and (C) of this | 23635 |
| section the following amounts: | 23636 |
| (1) The amount received by the county MR/DD board for | 23637 |
| approved special education and related services units, other than | 23638 |
| preschool handicapped units, in fiscal year 1998, divided by the | 23639 |
| total number of children served in the units that year; | 23640 |
| (2) The product of the quotient calculated under division | 23641 |
| (D)(1) of this section times the number of children for whom | 23642 |
| payments are made under divisions (B) and (C) of this section. | 23643 |
| If the amount calculated under division (D)(2) of this | 23644 |
| section is greater than the total amount calculated under | 23645 |
| divisions (B) and (C) of this section, the department shall pay | 23646 |
| the county MR/DD board one hundred per cent of the difference in | 23647 |
| addition to the payments under divisions (B) and (C) of this | 23648 |
| section. | 23649 |
| Sec. 3317.201. This section does not apply to handicapped | 23650 |
| preschool children. | 23651 |
| (A) As used in this section, the "total special education | 23652 |
| weight" for an institution means the sum of the following amounts: | 23653 |
| (1) The number of children reported by the institution under | 23654 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 23655 |
| receiving services for a handicap described in division (A) of | 23656 |
| section 3317.013 of the Revised Code multiplied by the multiple | 23657 |
| specified in that division; | 23658 |
| (2) The number of children reported by the institution under | 23659 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 23660 |
| receiving services for a handicap described in division (B) of | 23661 |
| section 3317.013 of the Revised Code multiplied by the multiple | 23662 |
| specified in that division; | 23663 |
| (3) The number of children reported by the institution under | 23664 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 23665 |
| receiving services for a handicap described in division (C) of | 23666 |
| section 3317.013 of the Revised Code multiplied by the multiple | 23667 |
| specified in that division; | 23668 |
| (4) The number of children reported by the institution under | 23669 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 23670 |
| receiving services for a handicap described in division (D) of | 23671 |
| section 3317.013 of the Revised Code multiplied by the multiple | 23672 |
| specified in that division; | 23673 |
| (5) The number of children reported by the institution under | 23674 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 23675 |
| receiving services for a handicap described in division (E) of | 23676 |
| section 3317.013 of the Revised Code multiplied by the multiple | 23677 |
| specified in that division; | 23678 |
| (6) The number of children reported by the institution under | 23679 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 23680 |
| receiving services for a handicap described in division (F) of | 23681 |
| section 3317.013 of the Revised Code multiplied by the multiple | 23682 |
| specified in that division. | 23683 |
| (B) | 23684 |
| 23685 | |
| special education services under division (A) of section 3323.091 | 23686 |
| of the Revised Code an amount equal to the greater of: | 23687 |
| (1) The formula amount times the institution's total special | 23688 |
| education weight; | 23689 |
| (2) The aggregate amount of special education and related | 23690 |
| services unit funding the institution received for all handicapped | 23691 |
| children other than handicapped preschool children in fiscal year | 23692 |
| 2005 under sections 3317.052 and 3317.053 of the Revised Code, as | 23693 |
| those sections existed prior to | 23694 |
| June 30, 2005. | 23695 |
| Sec. 3318.12. (A) The Ohio school facilities commission shall | 23696 |
| cause to be transferred to the school district's project | 23697 |
| construction fund the necessary amounts from amounts appropriated | 23698 |
| by the general assembly and set aside for such purpose, from time | 23699 |
| to time as may be necessary to pay obligations chargeable to such | 23700 |
| fund when due. All investment earnings of a school district's | 23701 |
| project construction fund shall be credited to the fund. | 23702 |
| (B)(1) The treasurer of the school district board shall | 23703 |
| disburse funds from the school district's project construction | 23704 |
| fund, including investment earnings credited to the fund, only | 23705 |
| upon the approval of the commission or the commission's designated | 23706 |
| representative. The commission or the commission's designated | 23707 |
| representative shall issue vouchers against such fund, in such | 23708 |
| amounts, and at such times as required by the contracts for | 23709 |
| construction of the project. | 23710 |
| (2) Notwithstanding anything to the contrary in division | 23711 |
| (B)(1) of this section, the school district board may, by a duly | 23712 |
| adopted resolution, choose to use all or part of the investment | 23713 |
| earnings of the district's project construction fund that are | 23714 |
| attributable to the district's contribution to the fund to pay the | 23715 |
| cost of classroom facilities or portions or components of | 23716 |
| classroom facilities that are not included in the district's basic | 23717 |
| project cost but that are related to the district's project. If | 23718 |
| the district board adopts a resolution in favor of using those | 23719 |
| investment earnings as authorized under division (B)(2) of this | 23720 |
| section, the treasurer shall disburse the amount as designated and | 23721 |
| directed by the board. However, if the district board chooses to | 23722 |
| use any part of the investment earnings for classroom facilities | 23723 |
| or portions or components of classroom facilities that are not | 23724 |
| included in the basic project cost, as authorized under division | 23725 |
| (B)(2) of this section, and, subsequently, the cost of the project | 23726 |
| exceeds the amount in the project construction fund, the district | 23727 |
| board shall restore to the project construction fund the full | 23728 |
| amount of the investment earnings used under division (B)(2) of | 23729 |
| this section before any additional state moneys shall be released | 23730 |
| for the project. | 23731 |
| (C) After the project has been completed: | 23732 |
| (1) | 23733 |
| investment earnings remaining in the project construction fund | 23734 |
| that are attributable to the school district's contribution to the | 23735 |
| fund
shall be | 23736 |
| (a) Retained in the project construction fund for future | 23737 |
| projects; | 23738 |
| (b) Transferred to the district's maintenance fund required | 23739 |
| by division (B) of section 3318.05 or section 3318.43 of the | 23740 |
| Revised Code, and the money so transferred shall be used solely | 23741 |
| for maintaining the classroom facilities included in the project; | 23742 |
| (c) Transferred to the district's permanent improvement fund. | 23743 |
| (2) Any investment earnings remaining in the project | 23744 |
| construction fund that are attributable to the state's | 23745 |
| contribution to the fund shall be transferred to the commission | 23746 |
| for expenditure pursuant to sections 3318.01 to 3318.20 or | 23747 |
| sections 3318.40 to 3318.45 of the Revised Code. | 23748 |
| (3) Any other surplus remaining in the school district's | 23749 |
| project construction fund after the project has been completed | 23750 |
| shall be transferred to the commission and the school district | 23751 |
| board in proportion to their respective contributions to the fund. | 23752 |
| The commission shall use the money transferred to it under this | 23753 |
| division for expenditure pursuant to sections 3318.01 to 3318.20 | 23754 |
| or sections 3318.40 to 3318.45 of the Revised Code. | 23755 |
| (D) Pursuant to appropriations of the general assembly, any | 23756 |
| moneys transferred to the commission under division (C)(2) or (3) | 23757 |
| of this section from a project construction fund for a project | 23758 |
| under sections 3318.40 to 3318.45 of the Revised Code may be used | 23759 |
| for future expenditures for projects under sections 3318.40 to | 23760 |
| 3318.45 of the Revised Code, notwithstanding the two per cent | 23761 |
| annual limit specified in division (B) of section 3318.40 of the | 23762 |
| Revised Code. | 23763 |
| Sec. 3318.15. There is hereby created the public school | 23764 |
| building fund within the state treasury consisting of any moneys | 23765 |
| transferred or appropriated to the fund by the general assembly, | 23766 |
| moneys paid into or transferred in accordance with section 3318.47 | 23767 |
| of the Revised Code, and any grants, gifts, or contributions | 23768 |
| received by the Ohio school facilities commission to be used for | 23769 |
| the purposes of the fund. All investment earnings of the fund | 23770 |
| shall be credited to the fund. | 23771 |
| Moneys transferred or appropriated to the fund by the general | 23772 |
| assembly and moneys in the fund from grants, gifts, and | 23773 |
| contributions shall be used for the purposes of Chapter 3318. of | 23774 |
| the Revised Code as prescribed by the general assembly. | 23775 |
| Sec. 3318.26. (A) The provisions of this section apply only | 23776 |
| to obligations issued by the issuing authority prior to December | 23777 |
| 1, 1999. | 23778 |
| (B) Subject to the limitations provided in section 3318.29 of | 23779 |
| the Revised Code, the issuing authority, upon the certification by | 23780 |
| the Ohio school facilities commission to the issuing authority of | 23781 |
| the amount of moneys or additional moneys needed in the school | 23782 |
| building program assistance fund for the purposes of sections | 23783 |
| 3318.01 to 3318.20 and sections 3318.40 to 3318.45 of the Revised | 23784 |
| Code, or needed for capitalized interest, for funding reserves, | 23785 |
| and for paying costs and expenses incurred in connection with the | 23786 |
| issuance, carrying, securing, paying, redeeming, or retirement of | 23787 |
| the obligations or any obligations refunded thereby, including | 23788 |
| payment of costs and expenses relating to letters of credit, lines | 23789 |
| of credit, insurance, put agreements, standby purchase agreements, | 23790 |
| indexing, marketing, remarketing and administrative arrangements, | 23791 |
| interest swap or hedging agreements, and any other credit | 23792 |
| enhancement, liquidity, remarketing, renewal, or refunding | 23793 |
| arrangements, all of which are authorized by this section, shall | 23794 |
| issue obligations of the state under this section in the required | 23795 |
| amount. The proceeds of such obligations, except for obligations | 23796 |
| issued to provide moneys for the school building program | 23797 |
| assistance fund shall be deposited by the treasurer of state in | 23798 |
| special funds, including reserve funds, as provided in the bond | 23799 |
| proceedings. The issuing authority may appoint trustees, paying | 23800 |
| agents, and transfer agents and may retain the services of | 23801 |
| financial advisors and accounting experts and retain or contract | 23802 |
| for the services of marketing, remarketing, indexing, and | 23803 |
| administrative agents, other consultants, and independent | 23804 |
| contractors, including printing services, as are necessary in the | 23805 |
| issuing authority's judgment to carry out this section. The costs | 23806 |
| of such services are payable from the school building program | 23807 |
| assistance fund or any special fund determined by the issuing | 23808 |
| authority. | 23809 |
| (C) The holders or owners of such obligations shall have no | 23810 |
| right to have moneys raised by taxation obligated or pledged, and | 23811 |
| moneys raised by taxation shall not be obligated or pledged, for | 23812 |
| the payment of bond service charges. Such holders or owners shall | 23813 |
| have no rights to payment of bond service charges from any money | 23814 |
| or property received by the commission, treasurer of state, or the | 23815 |
| state, or from any other use of the proceeds of the sale of the | 23816 |
| obligations, and no such moneys may be used for the payment of | 23817 |
| bond service charges, except for accrued interest, capitalized | 23818 |
| interest, and reserves funded from proceeds received upon the sale | 23819 |
| of the obligations and except as otherwise expressly provided in | 23820 |
| the applicable bond proceedings pursuant to written directions by | 23821 |
| the treasurer of state. The right of such holders and owners to | 23822 |
| payment of bond service charges shall be limited to all or that | 23823 |
| portion of the pledged receipts and those special funds pledged | 23824 |
| thereto pursuant to the bond proceedings in accordance with this | 23825 |
| section, and each such obligation shall bear on its face a | 23826 |
| statement to that effect. | 23827 |
| (D) Obligations shall be authorized by resolution or order of | 23828 |
| the issuing authority and the bond proceedings shall provide for | 23829 |
| the purpose thereof and the principal amount or amounts, and shall | 23830 |
| provide for or authorize the manner or agency for determining the | 23831 |
| principal maturity or maturities, not exceeding the limits | 23832 |
| specified in section 3318.29 of the Revised Code, the interest | 23833 |
| rate or rates or the maximum interest rate, the date of the | 23834 |
| obligations and the dates of payment of interest thereon, their | 23835 |
| denomination, and the establishment within or without the state of | 23836 |
| a place or places of payment of bond service charges. Sections | 23837 |
| 9.98 to 9.983 of the Revised Code are applicable to obligations | 23838 |
| issued under this section, subject to any applicable limitation | 23839 |
| under section 3318.29 of the Revised Code. The purpose of such | 23840 |
| obligations may be stated in the bond proceedings in terms | 23841 |
| describing the general purpose or purposes to be served. The bond | 23842 |
| proceedings shall also provide, subject to the provisions of any | 23843 |
| other applicable bond proceedings, for the pledge of all, or such | 23844 |
| part as the issuing authority may determine, of the pledged | 23845 |
| receipts and the applicable special fund or funds to the payment | 23846 |
| of bond service charges, which pledges may be made either prior or | 23847 |
| subordinate to other expenses, claims, or payments, and may be | 23848 |
| made to secure the obligations on a parity with obligations | 23849 |
| theretofore or thereafter issued, if and to the extent provided in | 23850 |
| the bond proceedings. The pledged receipts and special funds so | 23851 |
| pledged and thereafter received by the state are immediately | 23852 |
| subject to the lien of such pledge without any physical delivery | 23853 |
| thereof or further act, and the lien of any such pledges is valid | 23854 |
| and binding against all parties having claims of any kind against | 23855 |
| the state or any governmental agency of the state, irrespective of | 23856 |
| whether such parties have notice thereof, and shall create a | 23857 |
| perfected security interest for all purposes of Chapter 1309. of | 23858 |
| the Revised Code, without the necessity for separation or delivery | 23859 |
| of funds or for the filing or recording of the bond proceedings by | 23860 |
| which such pledge is created or any certificate, statement or | 23861 |
| other document with respect thereto; and the pledge of such | 23862 |
| pledged receipts and special funds is effective and the money | 23863 |
| therefrom and thereof may be applied to the purposes for which | 23864 |
| pledged without necessity for any act of appropriation, except as | 23865 |
| required by section 3770.06 of the Revised Code. Every pledge, and | 23866 |
| every covenant and agreement made with respect thereto, made in | 23867 |
| the bond proceedings may therein be extended to the benefit of the | 23868 |
| owners and holders of obligations authorized by this section, and | 23869 |
| to any trustee therefor, for the further security of the payment | 23870 |
| of the bond service charges. | 23871 |
| (E) The bond proceedings may contain additional provisions as | 23872 |
| to: | 23873 |
| (1) The redemption of obligations prior to maturity at the | 23874 |
| option of the issuing authority at such price or prices and under | 23875 |
| such terms and conditions as are provided in the bond proceedings; | 23876 |
| (2) Other terms of the obligations; | 23877 |
| (3) Limitations on the issuance of additional obligations; | 23878 |
| (4) The terms of any trust agreement or indenture securing | 23879 |
| the obligations or under which the same may be issued; | 23880 |
| (5) The deposit, investment and application of special funds, | 23881 |
| and the safeguarding of moneys on hand or on deposit, without | 23882 |
| regard to Chapter 131., 133., or 135. of the Revised Code, but | 23883 |
| subject to any special provisions of sections 3318.21 to 3318.29 | 23884 |
| of the Revised Code, with respect to particular funds or moneys, | 23885 |
| provided that any bank or trust company that acts as depository of | 23886 |
| any moneys in the special funds may furnish such indemnifying | 23887 |
| bonds or may pledge such securities as required by the issuing | 23888 |
| authority; | 23889 |
| (6) Any or every provision of the bond proceedings being | 23890 |
| binding upon such officer, board, commission, authority, agency, | 23891 |
| department, or other person or body as may from time to time have | 23892 |
| the authority under law to take such actions as may be necessary | 23893 |
| to perform all or any part of the duty required by such provision; | 23894 |
| (7) Any provision that may be made in a trust agreement or | 23895 |
| indenture; | 23896 |
| (8) The lease or sublease of any interest of the school | 23897 |
| district or the state in one or more projects as defined in | 23898 |
| division (C) of section 3318.01 of the Revised Code, or in one or | 23899 |
| more permanent improvements, to or from the issuing authority, as | 23900 |
| provided in one or more lease or sublease agreements between the | 23901 |
| school or the state and the issuing authority; | 23902 |
| (9) Any other or additional agreements with the holders of | 23903 |
| the obligations, or the trustee therefor, relating to the | 23904 |
| obligations or the security therefor. | 23905 |
| (F) The obligations may have the great seal of the state or a | 23906 |
| facsimile thereof affixed thereto or printed thereon. The | 23907 |
| obligations and any coupons pertaining to obligations shall be | 23908 |
| signed or bear the facsimile signature of the issuing authority. | 23909 |
| Any obligations or coupons may be executed by the person who, on | 23910 |
| the date of execution, is the proper issuing authority although on | 23911 |
| the date of such bonds or coupons such person was not the issuing | 23912 |
| authority. In case the issuing authority whose signature or a | 23913 |
| facsimile of whose signature appears on any such obligation or | 23914 |
| coupon ceases to be the issuing authority before delivery thereof, | 23915 |
| such signature or facsimile is nevertheless valid and sufficient | 23916 |
| for all purposes as if the issuing authority had remained the | 23917 |
| issuing authority until such delivery; and in case the seal to be | 23918 |
| affixed to obligations has been changed after a facsimile of the | 23919 |
| seal has been imprinted on such obligations, such facsimile seal | 23920 |
| shall continue to be sufficient as to such obligations and | 23921 |
| obligations issued in substitution or exchange therefor. | 23922 |
| (G) All obligations are negotiable instruments and securities | 23923 |
| under Chapter 1308. of the Revised Code, subject to the provisions | 23924 |
| of the bond proceedings as to registration. The obligations may be | 23925 |
| issued in coupon or in registered form, or both, as the issuing | 23926 |
| authority determines. Provision may be made for the registration | 23927 |
| of any obligations with coupons attached thereto as to principal | 23928 |
| alone or as to both principal and interest, their exchange for | 23929 |
| obligations so registered, and for the conversion or reconversion | 23930 |
| into obligations with coupons attached thereto of any obligations | 23931 |
| registered as to both principal and interest, and for reasonable | 23932 |
| charges for such registration, exchange, conversion, and | 23933 |
| reconversion. | 23934 |
| (H) Obligations may be sold at public sale or at private | 23935 |
| sale, as determined in the bond proceedings. | 23936 |
| (I) Pending preparation of definitive obligations, the | 23937 |
| issuing authority may issue interim receipts or certificates which | 23938 |
| shall be exchanged for such definitive obligations. | 23939 |
| (J) In the discretion of the issuing authority, obligations | 23940 |
| may be secured additionally by a trust agreement or indenture | 23941 |
| between the issuing authority and a corporate trustee which may be | 23942 |
|
any trust company or bank having | 23943 |
| within the state. Any such agreement or indenture may contain the | 23944 |
| resolution or order authorizing the issuance of the obligations, | 23945 |
| any provisions that may be contained in any bond proceedings, and | 23946 |
| other provisions that are customary or appropriate in an agreement | 23947 |
| or indenture of such type, including, but not limited to: | 23948 |
| (1) Maintenance of each pledge, trust agreement, indenture, | 23949 |
| or other instrument comprising part of the bond proceedings until | 23950 |
| the state has fully paid the bond service charges on the | 23951 |
| obligations secured thereby, or provision therefor has been made; | 23952 |
| (2) In the event of default in any payments required to be | 23953 |
| made by the bond proceedings, or any other agreement of the | 23954 |
| issuing authority made as a part of the contract under which the | 23955 |
| obligations were issued, enforcement of such payments or agreement | 23956 |
| by mandamus, the appointment of a receiver, suit in equity, action | 23957 |
| at law, or any combination of the foregoing; | 23958 |
| (3) The rights and remedies of the holders of obligations and | 23959 |
| of the trustee, and provisions for protecting and enforcing them, | 23960 |
| including limitations on rights of individual holders of | 23961 |
| obligations; | 23962 |
| (4) The replacement of any obligations that become mutilated | 23963 |
| or are destroyed, lost, or stolen; | 23964 |
| (5) Such other provisions as the trustee and the issuing | 23965 |
| authority agree upon, including limitations, conditions, or | 23966 |
| qualifications relating to any of the foregoing. | 23967 |
| (K) Any holder of obligations or a trustee under the bond | 23968 |
| proceedings, except to the extent that the holder's or trustee's | 23969 |
| rights are restricted by the bond proceedings, may by any suitable | 23970 |
| form of legal proceedings, protect and enforce any rights under | 23971 |
| the laws of this state or granted by such bond proceedings. Such | 23972 |
| rights include the right to compel the performance of all duties | 23973 |
| of the issuing authority, the commission, or the director of | 23974 |
| budget and management required by sections 3318.21 to 3318.29 of | 23975 |
| the Revised Code or the bond proceedings; to enjoin unlawful | 23976 |
| activities; and in the event of default with respect to the | 23977 |
| payment of any bond service charges on any obligations or in the | 23978 |
| performance of any covenant or agreement on the part of the | 23979 |
| issuing authority, the commission, or the director of budget and | 23980 |
| management in the bond proceedings, to apply to a court having | 23981 |
| jurisdiction of the cause to appoint a receiver to receive and | 23982 |
| administer the pledged receipts and special funds, other than | 23983 |
| those in the custody of the treasurer of state or the commission, | 23984 |
| which are pledged to the payment of the bond service charges on | 23985 |
| such obligations or which are the subject of the covenant or | 23986 |
| agreement, with full power to pay, and to provide for payment of | 23987 |
| bond service charges on, such obligations, and with such powers, | 23988 |
| subject to the direction of the court, as are accorded receivers | 23989 |
| in general equity cases, excluding any power to pledge additional | 23990 |
| revenues or receipts or other income or moneys of the issuing | 23991 |
| authority or the state or governmental agencies of the state to | 23992 |
| the payment of such principal and interest and excluding the power | 23993 |
| to take possession of, mortgage, or cause the sale or otherwise | 23994 |
| dispose of any permanent improvement. | 23995 |
| Each duty of the issuing authority and the issuing | 23996 |
| authority's officers and employees, and of each governmental | 23997 |
| agency and its officers, members, or employees, undertaken | 23998 |
| pursuant to the bond proceedings or any agreement or loan made | 23999 |
| under authority of sections 3318.21 to 3318.29 of the Revised | 24000 |
| Code, and in every agreement by or with the issuing authority, is | 24001 |
| hereby established as a duty of the issuing authority, and of each | 24002 |
| such officer, member, or employee having authority to perform such | 24003 |
| duty, specifically enjoined by the law resulting from an office, | 24004 |
| trust, or station within the meaning of section 2731.01 of the | 24005 |
| Revised Code. | 24006 |
| The person who is at the time the issuing authority, or the | 24007 |
| issuing authority's officers or employees, are not liable in their | 24008 |
| personal capacities on any obligations issued by the issuing | 24009 |
| authority or any agreements of or with the issuing authority. | 24010 |
| (L) Obligations issued under this section are lawful | 24011 |
| investments for banks, societies for savings, savings and loan | 24012 |
| associations, deposit guarantee associations, trust companies, | 24013 |
| trustees, fiduciaries, insurance companies, including domestic for | 24014 |
| life and domestic not for life, trustees or other officers having | 24015 |
| charge of sinking and bond retirement or other special funds of | 24016 |
| political subdivisions and taxing districts of this state, the | 24017 |
| commissioners of the sinking fund of the state, the administrator | 24018 |
| of workers' compensation, the state teachers retirement system, | 24019 |
| the public employees retirement system, the school employees | 24020 |
| retirement system, and the Ohio police and fire pension fund, | 24021 |
| notwithstanding any other provisions of the Revised Code or rules | 24022 |
| adopted pursuant thereto by any governmental agency of the state | 24023 |
| with respect to investments by them, and also are acceptable as | 24024 |
| security for the deposit of public moneys. | 24025 |
| (M) Unless otherwise provided in any applicable bond | 24026 |
| proceedings, moneys to the credit of or in the special funds | 24027 |
| established by or pursuant to this section may be invested by or | 24028 |
| on behalf of the issuing authority only in notes, bonds, or other | 24029 |
| obligations of the United States, or of any agency or | 24030 |
| instrumentality of the United States, obligations guaranteed as to | 24031 |
| principal and interest by the United States, obligations of this | 24032 |
| state or any political subdivision of this state, and certificates | 24033 |
| of deposit of any national bank located in this state and any | 24034 |
| bank, as defined in section 1101.01 of the Revised Code, subject | 24035 |
| to inspection by the superintendent of financial institutions. If | 24036 |
| the law or the instrument creating a trust pursuant to division | 24037 |
| (J) of this section expressly permits investment in direct | 24038 |
| obligations of the United States or an agency of the United | 24039 |
| States, unless expressly prohibited by the instrument, such moneys | 24040 |
| also may be invested in no front end load money market mutual | 24041 |
| funds consisting exclusively of obligations of the United States | 24042 |
| or an agency of the United States and in repurchase agreements, | 24043 |
| including those issued by the fiduciary itself, secured by | 24044 |
| obligations of the United States or an agency of the United | 24045 |
| States; and in collective investment funds established in | 24046 |
| accordance with section 1111.14 of the Revised Code and consisting | 24047 |
| exclusively of any such securities, notwithstanding division | 24048 |
| (B)(1)(c) of that section. The income from such investments shall | 24049 |
| be credited to such funds as the issuing authority determines, and | 24050 |
| such investments may be sold at such times as the issuing | 24051 |
| authority determines or authorizes. | 24052 |
| (N) Provision may be made in the applicable bond proceedings | 24053 |
| for the establishment of separate accounts in the bond service | 24054 |
| fund and for the application of such accounts only to the | 24055 |
| specified bond service charges on obligations pertinent to such | 24056 |
| accounts and bond service fund and for other accounts therein | 24057 |
| within the general purposes of such fund. Unless otherwise | 24058 |
| provided in any applicable bond proceedings, moneys to the credit | 24059 |
| of or in the several special funds established pursuant to this | 24060 |
| section shall be disbursed on the order of the treasurer of state, | 24061 |
| provided that no such order is required for the payment from the | 24062 |
| bond service fund when due of bond service charges on obligations. | 24063 |
| (O) The issuing authority may pledge all, or such portion as | 24064 |
| the issuing authority determines, of the pledged receipts to the | 24065 |
| payment of bond service charges on obligations issued under this | 24066 |
| section, and for the establishment and maintenance of any | 24067 |
| reserves, as provided in the bond proceedings, and make other | 24068 |
| provisions therein with respect to pledged receipts as authorized | 24069 |
| by this chapter, which provisions shall be controlling | 24070 |
| notwithstanding any other provisions of law pertaining thereto. | 24071 |
| (P) The issuing authority may covenant in the bond | 24072 |
| proceedings, and any such covenants shall be controlling | 24073 |
| notwithstanding any other provision of law, that the state and | 24074 |
| applicable officers and governmental agencies of the state, | 24075 |
| including the general assembly, so long as any obligations are | 24076 |
| outstanding, shall: | 24077 |
| (1) Maintain statutory authority for and cause to be operated | 24078 |
| the state lottery, including the transfers to and from the lottery | 24079 |
| profits education fund created in section 3770.06 of the Revised | 24080 |
| Code so that the pledged receipts shall be sufficient in amount to | 24081 |
| meet bond service charges, and the establishment and maintenance | 24082 |
| of any reserves and other requirements provided for in the bond | 24083 |
| proceedings; | 24084 |
| (2) Take or permit no action, by statute or otherwise, that | 24085 |
| would impair the exclusion from gross income for federal income | 24086 |
| tax purposes of the interest on any obligations designated by the | 24087 |
| bond proceeding as tax-exempt obligations. | 24088 |
| (Q) There is hereby created the school building program bond | 24089 |
| service fund, which shall be in the custody of the treasurer of | 24090 |
| state but shall be separate and apart from and not a part of the | 24091 |
| state treasury. All moneys received by or on account of the | 24092 |
| issuing authority or state agencies and required by the applicable | 24093 |
| bond proceedings, consistent with this section, to be deposited, | 24094 |
| transferred, or credited to the school building program bond | 24095 |
| service fund, and all other moneys transferred or allocated to or | 24096 |
| received for the purposes of the fund, shall be deposited and | 24097 |
| credited to such fund and to any separate accounts therein, | 24098 |
| subject to applicable provisions of the bond proceedings, but | 24099 |
| without necessity for any act of appropriation, except as required | 24100 |
| by section 3770.06 of the Revised Code. During the period | 24101 |
| beginning with the date of the first issuance of obligations and | 24102 |
| continuing during such time as any such obligations are | 24103 |
| outstanding, and so long as moneys in the school building program | 24104 |
| bond service fund are insufficient to pay all bond service charges | 24105 |
| on such obligations becoming due in each year, a sufficient amount | 24106 |
| of the moneys from the lottery profits education fund included in | 24107 |
| pledged receipts, subject to appropriation for such purpose as | 24108 |
| provided in section 3770.06 of the Revised Code, are committed and | 24109 |
| shall be paid to the school building program bond service fund in | 24110 |
| each year for the purpose of paying the bond service charges | 24111 |
| becoming due in that year. The school building program bond | 24112 |
| service fund is a trust fund and is hereby pledged to the payment | 24113 |
| of bond service charges solely on obligations issued to provide | 24114 |
| moneys for the school building program assistance fund to the | 24115 |
| extent provided in the applicable bond proceedings, and payment | 24116 |
| thereof from such fund shall be made or provided for by the | 24117 |
| treasurer of state in accordance with such bond proceedings | 24118 |
| without necessity for any act of appropriation except as required | 24119 |
| by section 3770.06 of the Revised Code. | 24120 |
| (R) The obligations, the transfer thereof, and the income | 24121 |
| therefrom, including any profit made on the sale thereof, at all | 24122 |
| times shall be free from taxation within the state. | 24123 |
| Sec. 3318.47. (A) On the effective date of this section, the | 24124 |
| director of budget and management shall transfer any amount on | 24125 |
| hand in the fund established under former section 3318.47 of the | 24126 |
| Revised Code, as that section existed prior to the effective date | 24127 |
| of this section, into the fund established under section 3318.15 | 24128 |
| of the Revised Code. | 24129 |
| (B) On or after the effective date of this section, any | 24130 |
| amounts received from school districts in repayment of loans made | 24131 |
| under former sections 3318.47 to 3318.49, as those sections | 24132 |
| existed prior to the effective date of this section, shall be | 24133 |
| deposited into the fund established under section 3318.15 of the | 24134 |
| Revised Code. | 24135 |
| Sec. 3319.55. (A) A grant program is hereby established to | 24136 |
| recognize and reward teachers in public and chartered nonpublic | 24137 |
| schools who hold valid teaching certificates or licenses issued by | 24138 |
| the national board for professional teaching standards. The | 24139 |
| superintendent of public instruction shall administer this program | 24140 |
| in accordance with this section and rules which the state board of | 24141 |
| education shall adopt in accordance with Chapter 119. of the | 24142 |
| Revised Code. | 24143 |
| In each fiscal year that the general assembly appropriates | 24144 |
| funds for purposes of this section, the superintendent of public | 24145 |
| instruction shall award a grant to each person who, by the first | 24146 |
| day of April of that year and in accordance with the rules adopted | 24147 |
| under this section, submits to the superintendent evidence | 24148 |
| indicating | 24149 |
| (1) The person holds a valid certificate or license issued by | 24150 |
| the national board for professional teaching standards; | 24151 |
| (2) The person has been employed full-time as a teacher by | 24152 |
| the board of education of a school district or by a chartered | 24153 |
| nonpublic school in this state during the current school year | 24154 |
| | 24155 |
| 24156 |
| An individual may receive a grant under this section in each | 24157 |
| fiscal year the person is eligible for a grant and submits | 24158 |
| evidence of that eligibility in accordance with this section. No | 24159 |
| person may receive a grant after the expiration of the person's | 24160 |
| initial certification or license issued by the national board. | 24161 |
| (B) The amount of the grant awarded to each eligible person | 24162 |
| under division (A) of this section in any fiscal year shall equal | 24163 |
| 24164 |
| | 24165 |
| 24166 | |
| 24167 | |
| 24168 |
| | 24169 |
| 24170 |
| | 24171 |
| this section in any fiscal year are not sufficient to award the | 24172 |
| full grant amount to each person who is eligible in that fiscal | 24173 |
| year, the superintendent shall prorate the amount of the grant | 24174 |
| awarded in that fiscal year to each eligible person. | 24175 |
| Sec. 3323.01. As used in this chapter and Chapter 3321. of | 24176 |
| the Revised Code: | 24177 |
| (A) "Handicapped child" means a person under twenty-two years | 24178 |
| of age who is developmentally handicapped, hearing handicapped, | 24179 |
| speech handicapped, visually disabled, severe behavior | 24180 |
| handicapped, orthopedically handicapped, multihandicapped, other | 24181 |
| health handicapped, specific learning disabled, autistic, or | 24182 |
| traumatic brain injured, and by reason thereof requires special | 24183 |
| education. | 24184 |
| (B) "Special education program" means the required related | 24185 |
| services and instruction specifically designed to meet the unique | 24186 |
| needs of a handicapped child, including classroom instruction, | 24187 |
| home instruction, and instruction in hospitals and institutions | 24188 |
| and in other settings. | 24189 |
| (C) "Related services" means transportation, and such | 24190 |
| developmental, corrective, and other supportive services as may be | 24191 |
| required to assist a handicapped child to benefit from special | 24192 |
| education, including the early identification and assessment of | 24193 |
| handicapped conditions in children, speech pathology and | 24194 |
| audiology, psychological services, occupational and physical | 24195 |
| therapy, physical education, recreation, counseling services | 24196 |
| including rehabilitative counseling, and medical services, except | 24197 |
| that such medical services shall be for diagnostic and evaluation | 24198 |
| purposes only. | 24199 |
| (D) "Appropriate public education" means special education | 24200 |
| and related services that: | 24201 |
| (1) Are provided at public expense and under public | 24202 |
| supervision; | 24203 |
| (2) Meet the standards of the state board of education; | 24204 |
| (3) Include an appropriate preschool, elementary, or | 24205 |
| secondary education; | 24206 |
| (4) Are provided in conformity with the individualized | 24207 |
| education program required under this chapter. | 24208 |
| (E) "Individualized education program" means a written | 24209 |
| statement for each handicapped child designed to meet the unique | 24210 |
| needs of a handicapped child, which statement shall include: | 24211 |
| (1) A statement of the present levels of educational | 24212 |
| performance of such child; | 24213 |
| (2) A statement of annual goals, including short-term | 24214 |
| instructional objectives; | 24215 |
| (3) A statement of the specific educational services to be | 24216 |
| provided to such child, and the extent to which such child will be | 24217 |
| able to participate in regular educational programs; | 24218 |
| (4) A statement of the transition services needed for such | 24219 |
| child beginning no later than age sixteen and annually thereafter | 24220 |
| (and, when determined appropriate for such child, beginning at age | 24221 |
| fourteen or younger), including, when appropriate, a statement of | 24222 |
| the interagency responsibilities and linkages before the student | 24223 |
| leaves the school setting; | 24224 |
| (5) The projected date for initiation and anticipated | 24225 |
| duration of such services; | 24226 |
| (6) Appropriate objective criteria and evaluation procedures | 24227 |
| and schedules for determining, on at least an annual basis, | 24228 |
| whether instructional objectives are being achieved, and whether | 24229 |
| current placement is appropriate. | 24230 |
| (F) "Other educational agency" means a department, division, | 24231 |
| bureau, office, institution, board, commission, committee, | 24232 |
| authority, or other state or local agency, other than a school | 24233 |
| district or an agency administered by the department of mental | 24234 |
| retardation and developmental disabilities, that provides or seeks | 24235 |
| to provide special education or related services to handicapped | 24236 |
| children. | 24237 |
| (G) "School district" means a city, local, or exempted | 24238 |
| village school district. | 24239 |
| (H) "Parents" means either parent. If the parents are | 24240 |
| separated or divorced, "parent" means the parent who is the | 24241 |
| residential parent and legal custodian of the handicapped child. | 24242 |
| Except as used in division (I) of this section and in sections | 24243 |
| 3323.09 and 3323.141 of the Revised Code, "parents" includes a | 24244 |
| child's guardian or custodian. This definition does not apply to | 24245 |
| Chapter 3321. of the Revised Code. | 24246 |
| (I) As used in sections 3323.09, 3323.091, 3323.13, and | 24247 |
| 3323.14 of the Revised Code, "school district of residence" means: | 24248 |
| (1) The school district in which the child's parents reside; | 24249 |
| (2) If the school district specified in division (I)(1) of | 24250 |
| this section cannot be determined, the last school district in | 24251 |
| which the child's parents are known to have resided if the | 24252 |
| parents' whereabouts are unknown; | 24253 |
| (3) If the school district specified in division (I)(2) of | 24254 |
| this section cannot be determined, the school district determined | 24255 |
| 24256 | |
| district has been so determined, the school district as determined | 24257 |
| by the probate court of the county in which the child resides. The | 24258 |
| school district of residence that had been established under this | 24259 |
| section on December 12, 1983, shall remain the child's school | 24260 |
| district of residence unless a district of residence can be | 24261 |
| determined under division (I)(1) or (2) of this section. | 24262 |
| (4) Notwithstanding divisions (I)(1) to (3) of this section, | 24263 |
| if a school district is required by section 3313.65 of the Revised | 24264 |
| Code to pay tuition for a child, that district shall be the | 24265 |
| child's school district of residence. | 24266 |
| (J) "County MR/DD board" means a county board of mental | 24267 |
| retardation and developmental disabilities. | 24268 |
| (K) "Handicapped preschool child" means a handicapped child | 24269 |
| who is at least three years of age but is not of compulsory school | 24270 |
| age, as defined under section 3321.01 of the Revised Code, and who | 24271 |
| is not currently enrolled in kindergarten. | 24272 |
| (L) "Transition services" means a coordinated set of | 24273 |
| activities for a student, designed within an outcome-oriented | 24274 |
| process, that: | 24275 |
| (1) Promotes movement from school to post-school activities, | 24276 |
| including post-secondary education; vocational training; | 24277 |
| integrated employment, including supported employment; continuing | 24278 |
| and adult education; adult services; independent living; and | 24279 |
| community participation; | 24280 |
| (2) Is based upon the individual student's needs, including | 24281 |
| taking into account the student's preferences and interests; | 24282 |
| (3) Includes instruction, community experiences, the | 24283 |
| development of employment and other post-school adult living | 24284 |
| objectives, and, when appropriate, acquisition of daily living | 24285 |
| skills and functional vocational evaluation. | 24286 |
| (M) "Visual disability" for any individual means that one of | 24287 |
| the following applies to the individual: | 24288 |
| (1) The individual has a visual acuity of 20/200 or less in | 24289 |
| the better eye with correcting lenses or has a limited field of | 24290 |
| vision in the better eye such that the widest diameter subtends an | 24291 |
| angular distance of no greater than twenty degrees. | 24292 |
| (2) The individual has a medically indicated expectation of | 24293 |
| meeting the requirements of division (M)(1) of this section over a | 24294 |
| period of time. | 24295 |
| (3) The individual has a medically diagnosed and medically | 24296 |
| uncorrectable limitation in visual functioning that adversely | 24297 |
| affects the individual's ability to read and write standard print | 24298 |
| at levels expected of the individual's peers of comparable ability | 24299 |
| and grade level. | 24300 |
| (N) "Student with a visual disability" means any person under | 24301 |
| twenty-two years of age who has a visual disability. | 24302 |
| (O) "Instruction in braille reading and writing" means the | 24303 |
| teaching of the system of reading and writing through touch | 24304 |
| commonly known as standard English braille. | 24305 |
| Sec. 3323.052. Not later than sixty days after the effective | 24306 |
| date of this section, the department of education shall develop a | 24307 |
| document that compares a parent's and child's rights under this | 24308 |
| chapter and 20 U.S.C. 1400 et seq. with the parent's and child's | 24309 |
| rights under the special education scholarship pilot program, | 24310 |
| established in sections 3310.51 to 3310.63 of the Revised Code, | 24311 |
| including the provisions of divisions (A) and (B) of section | 24312 |
| 3310.53 of the Revised Code. The department shall revise that | 24313 |
| document as necessary to reflect any pertinent changes in state or | 24314 |
| federal statutory law, rule, or regulation enacted or adopted | 24315 |
| after the initial document is developed. The department and each | 24316 |
| school district shall ensure that the document prescribed in this | 24317 |
| section is included in, appended to, or otherwise distributed in | 24318 |
| conjunction with the notice required under 20 U.S.C. 1415(d), and | 24319 |
| any provision of the Code of Federal Regulations implementing that | 24320 |
| requirement, in the manner and at all the times specified for such | 24321 |
| notice in federal law or regulation. | 24322 |
| Sec. 3323.11. Teachers in education programs under this | 24323 |
| chapter shall possess
the usual qualifications required of | 24324 |
| 24325 |
| Sec. 3327.05. (A) Except as provided in division (B) of this | 24326 |
| section, no board of education of any school district shall | 24327 |
| provide transportation for any pupil who is a school resident of | 24328 |
| another school district unless the pupil is enrolled pursuant to | 24329 |
| section 3313.98 of the Revised Code or the board of the other | 24330 |
| district has given its written consent thereto. If the board of | 24331 |
| any school district files with the state board of education a | 24332 |
| written complaint that transportation for resident pupils is being | 24333 |
| provided by the board of another school district contrary to this | 24334 |
| division, the state board of education shall make an investigation | 24335 |
| of such complaint. If the state board of education finds that | 24336 |
| transportation is being provided contrary to this section, it may | 24337 |
| withdraw from state funds due the offending district any part of | 24338 |
| the amount that has been approved for transportation pursuant to | 24339 |
| division (D) of section 3317.022 of the Revised Code. | 24340 |
| (B) Notwithstanding division (D) of section 3311.19 and | 24341 |
| division (D) of section 3311.52 of the Revised Code, this division | 24342 |
| does not apply to any joint vocational or cooperative education | 24343 |
| school district. | 24344 |
| A board of education may provide transportation to and from | 24345 |
|
the nonpublic | 24346 |
| apply: | 24347 |
| (1) The parent, guardian, or other person in charge of the | 24348 |
| pupil agrees to pay the board for all costs incurred in providing | 24349 |
| the transportation that are not reimbursed pursuant to Chapter | 24350 |
| 3317. of the Revised Code; | 24351 |
| (2) The pupil's school district of residence does not provide | 24352 |
| transportation for public school pupils of the same grade as the | 24353 |
| pupil being transported under this division, or that district is | 24354 |
| not required under section 3327.01 of the Revised Code to | 24355 |
| transport the pupil to and from the nonpublic school because the | 24356 |
| direct travel time to the nonpublic school is more than thirty | 24357 |
| minutes. | 24358 |
| Upon receipt of the request to provide transportation, the | 24359 |
| board shall review the request and determine whether the board | 24360 |
| will accommodate the request. If the board agrees to transport the | 24361 |
| pupil, the board may transport the pupil to and from the nonpublic | 24362 |
| school and a collection point in the district, as determined by | 24363 |
| the board. If the board transports the pupil, the board may | 24364 |
| include the pupil in the district's transportation ADM reported to | 24365 |
| the department of education under section 3317.03 of the Revised | 24366 |
| Code and, accordingly, may receive a state payment under division | 24367 |
| (D) of section 3317.022 of the Revised Code for transporting the | 24368 |
| pupil. | 24369 |
| If the board declines to transport the pupil, the board, in a | 24370 |
| written communication to the parent, guardian, or other person in | 24371 |
| charge of the pupil, shall state the reasons for declining the | 24372 |
| request. | 24373 |
| Sec. 3327.17. The department of development shall establish a | 24374 |
| biodiesel school bus program under which the director of | 24375 |
| development shall make grants to school districts that use | 24376 |
| biodiesel fuel for pupil transportation to help offset incremental | 24377 |
| costs incurred by using biodiesel instead of one hundred per cent | 24378 |
| petroleum diesel. | 24379 |
| As used in this section, "biodiesel" has the same meaning as | 24380 |
| in section 122.075 of the Revised Code. | 24381 |
| Sec. 3333.04. The Ohio board of regents shall: | 24382 |
| (A) Make studies of state policy in the field of higher | 24383 |
| education and formulate a master plan for higher education for the | 24384 |
| state, considering the needs of the people, the needs of the | 24385 |
| state, and the role of individual public and private institutions | 24386 |
| within the state in fulfilling these needs; | 24387 |
| (B)(1) Report annually to the governor and the general | 24388 |
| assembly on the findings from its studies and the master plan for | 24389 |
| higher education for the state; | 24390 |
| (2) Report at least semiannually to the general assembly and | 24391 |
| the governor the enrollment numbers at each state-assisted | 24392 |
| institution of higher education. | 24393 |
| (C) Approve or disapprove the establishment of new branches | 24394 |
| or academic centers of state colleges and universities; | 24395 |
| (D) Approve or disapprove the establishment of state | 24396 |
| technical colleges or any other state institution of higher | 24397 |
| education; | 24398 |
| (E) Recommend the nature of the programs, undergraduate, | 24399 |
| graduate, professional, state-financed research, and public | 24400 |
| services which should be offered by the state colleges, | 24401 |
| universities, and other state-assisted institutions of higher | 24402 |
| education in order to utilize to the best advantage their | 24403 |
| facilities and personnel; | 24404 |
| (F) Recommend to the state colleges, universities, and other | 24405 |
| state-assisted institutions of higher education graduate or | 24406 |
| professional programs, including, but not limited to, doctor of | 24407 |
| philosophy, doctor of education, and juris doctor programs, that | 24408 |
| could be eliminated because they constitute unnecessary | 24409 |
| duplication, as shall be determined using the process developed | 24410 |
| pursuant to this section, or for other good and sufficient cause. | 24411 |
| For purposes of determining the amounts of any state instructional | 24412 |
| subsidies paid to these colleges, universities, and institutions, | 24413 |
| the board may exclude students enrolled in any program that the | 24414 |
| board has recommended for elimination pursuant to this division | 24415 |
| except that the board shall not exclude any such student who | 24416 |
| enrolled in the program prior to the date on which the board | 24417 |
| initially commences to exclude students under this division. The | 24418 |
| board of regents and these colleges, universities, and | 24419 |
| institutions shall jointly develop a process for determining which | 24420 |
| existing graduate or professional programs constitute unnecessary | 24421 |
| duplication. | 24422 |
| (G) Recommend to the state colleges, universities, and other | 24423 |
| state-assisted institutions of higher education programs which | 24424 |
| should be added to their present programs; | 24425 |
| (H) Conduct studies for the state colleges, universities, and | 24426 |
| other state-assisted institutions of higher education to assist | 24427 |
| them in making the best and most efficient use of their existing | 24428 |
| facilities and personnel; | 24429 |
| (I) Make recommendations to the governor and general assembly | 24430 |
| concerning the development of state-financed capital plans for | 24431 |
| higher education; the establishment of new state colleges, | 24432 |
| universities, and other state-assisted institutions of higher | 24433 |
| education; and the establishment of new programs at the existing | 24434 |
| state colleges, universities, and other institutions of higher | 24435 |
| education; | 24436 |
| (J) Review the appropriation requests of the public community | 24437 |
| colleges and the state colleges and universities and submit to the | 24438 |
| office of budget and management and to the chairpersons of the | 24439 |
| finance committees of the house of representatives and of the | 24440 |
| senate its recommendations in regard to the biennial higher | 24441 |
| education appropriation for the state, including appropriations | 24442 |
| for the individual state colleges and universities and public | 24443 |
| community colleges. For the purpose of determining the amounts of | 24444 |
| instructional subsidies to be paid to state-assisted colleges and | 24445 |
| universities, the board shall define "full-time equivalent | 24446 |
| student" by program per academic year. The definition may take | 24447 |
| into account the establishment of minimum enrollment levels in | 24448 |
| technical education programs below which support allowances will | 24449 |
| not be paid. Except as otherwise provided in this section, the | 24450 |
| board shall make no change in the definition of "full-time | 24451 |
| equivalent student" in effect on November 15, 1981, which would | 24452 |
| increase or decrease the number of subsidy-eligible full-time | 24453 |
| equivalent students, without first submitting a fiscal impact | 24454 |
| statement to the president of the senate, the speaker of the house | 24455 |
| of representatives, the legislative service commission, and the | 24456 |
| director of budget and management. The board shall work in close | 24457 |
| cooperation with the director of budget and management in this | 24458 |
| respect and in all other matters concerning the expenditures of | 24459 |
| appropriated funds by state colleges, universities, and other | 24460 |
| institutions of higher education. | 24461 |
| (K) Seek the cooperation and advice of the officers and | 24462 |
| trustees of both public and private colleges, universities, and | 24463 |
| other institutions of higher education in the state in performing | 24464 |
| its duties and making its plans, studies, and recommendations; | 24465 |
| (L) Appoint advisory committees consisting of persons | 24466 |
| associated with public or private secondary schools, members of | 24467 |
| the state board of education, or personnel of the state department | 24468 |
| of education; | 24469 |
| (M) Appoint advisory committees consisting of college and | 24470 |
| university personnel, or other persons knowledgeable in the field | 24471 |
| of higher education, or both, in order to obtain their advice and | 24472 |
| assistance in defining and suggesting solutions for the problems | 24473 |
| and needs of higher education in this state; | 24474 |
| (N) Approve or disapprove all new degrees and new degree | 24475 |
| programs at all state colleges, universities, and other | 24476 |
| state-assisted institutions of higher education; | 24477 |
| (O) Adopt such rules as are necessary to carry out its duties | 24478 |
| and responsibilities; | 24479 |
| (P) Establish and submit to the governor and the general | 24480 |
| assembly a clear and measurable set of goals and timetables for | 24481 |
| their achievement for each program under the supervision of the | 24482 |
| board that is designed to accomplish any of the following: | 24483 |
| (1) Increased access to higher education; | 24484 |
| (2) Job training; | 24485 |
| (3) Adult literacy; | 24486 |
| (4) Research; | 24487 |
| (5) Excellence in higher education; | 24488 |
| (6) Reduction in the number of graduate programs within the | 24489 |
| same subject area. | 24490 |
| In July of each odd-numbered year, the board of regents shall | 24491 |
| submit to the governor and the general assembly a report on | 24492 |
| progress made toward these goals. | 24493 |
| (Q) Make recommendations to the governor and the general | 24494 |
| assembly regarding the design and funding of the student financial | 24495 |
| aid programs specified in sections 3333.12, 3333.122, 3333.21 to | 24496 |
| 3333.27, and 5910.02 of the Revised Code; | 24497 |
| (R) Participate in education-related state or federal | 24498 |
| programs on behalf of the state and assume responsibility for the | 24499 |
| administration of such programs in accordance with applicable | 24500 |
| state or federal law; | 24501 |
| (S) Adopt rules for student financial aid programs as | 24502 |
| required by sections 3333.12, 3333.122, 3333.21 to 3333.27, | 24503 |
| 3333.28,
| 24504 |
| other administrative functions assigned to the board by those | 24505 |
| sections; | 24506 |
| (T) Administer contracts under sections 3702.74 and 3702.75 | 24507 |
| of the Revised Code in accordance with rules adopted by the | 24508 |
| director of health under section 3702.79 of the Revised Code; | 24509 |
| (U) Conduct enrollment audits of state-supported institutions | 24510 |
| of higher education; | 24511 |
| (V) Appoint consortiums of college and university personnel | 24512 |
| to participate in the development and operation of statewide | 24513 |
| collaborative efforts, including the Ohio supercomputer center, | 24514 |
| the Ohio academic resources network, OhioLink, and the Ohio | 24515 |
| learning network. For each consortium, the board shall designate a | 24516 |
| college or university to serve as that consortium's fiscal agent, | 24517 |
| financial officer, and employer. Any funds appropriated to the | 24518 |
| board for consortiums shall be distributed to the fiscal agents | 24519 |
| for the operation of the consortiums. A consortium shall follow | 24520 |
| the rules of the college or university that serves as its fiscal | 24521 |
| agent. | 24522 |
| Sec. 3333.122. (A) As used in this section: | 24523 |
| (1) "Eligible student" means a student who is: | 24524 |
| (a) An Ohio resident who first enrolls in an undergraduate | 24525 |
| program in the 2006-2007 academic year or thereafter; | 24526 |
| (b) | 24527 |
| undergraduate program in the 2006-2007 or 2007-2008 academic year, | 24528 |
| the student is enrolled in either of the following: | 24529 |
| (i) An accredited institution of higher education in this | 24530 |
| state that meets the requirements of Title VI of the Civil Rights | 24531 |
| Act of 1964 and is state-assisted, is nonprofit and has a | 24532 |
| certificate of authorization from the Ohio board of regents | 24533 |
| pursuant to Chapter 1713. of the Revised Code, has a certificate | 24534 |
| of registration from the state board of career colleges and | 24535 |
| schools and program authorization to award an associate or | 24536 |
| bachelor's degree, or is a private institution exempt from | 24537 |
| regulation under Chapter 3332. of the Revised Code as prescribed | 24538 |
| in section 3333.046 of the Revised Code. Students who attend an | 24539 |
| institution that holds a certificate of registration shall be | 24540 |
| enrolled in a program leading to an associate or bachelor's degree | 24541 |
| for which associate or bachelor's degree program the institution | 24542 |
| has program authorization issued under section 3332.05 of the | 24543 |
| Revised Code. | 24544 |
| (ii) A technical education program of at least two years | 24545 |
| duration sponsored by a private institution of higher education in | 24546 |
| this state that meets the requirements of Title VI of the Civil | 24547 |
| Rights Act of 1964. | 24548 |
| (c) If the student first enrolled in an undergraduate program | 24549 |
| after the 2007-2008 academic year, the student is enrolled in | 24550 |
| either of the following: | 24551 |
| (i) An accredited institution of higher education in this | 24552 |
| state that meets the requirements of Title VI of the Civil Rights | 24553 |
| Act of 1964 and is state-assisted, is nonprofit and has a | 24554 |
| certificate of authorization from the board of regents pursuant to | 24555 |
| Chapter 1713. of the Revised Code, or is a private institution | 24556 |
| exempt from regulation under Chapter 3332. of the Revised Code as | 24557 |
| prescribed in section 3333.046 of the Revised Code; | 24558 |
| (ii) An education program of at least two years duration | 24559 |
| sponsored by a private institution of higher education in this | 24560 |
| state that meets the requirements of Title VI of the Civil Rights | 24561 |
| Act of 1964 and has a certificate of authorization from the board | 24562 |
| of regents pursuant to Chapter 1713. of the Revised Code. | 24563 |
| (2) A student who participated in either the early college | 24564 |
| high school program administered by the department of education or | 24565 |
| in the post-secondary enrollment options program pursuant to | 24566 |
| Chapter 3365. of the Revised Code before the 2006-2007 academic | 24567 |
| year shall not be excluded from eligibility for a | 24568 |
| needs-based financial aid grant under this section. | 24569 |
| (3) "Resident," "expected family contribution" or "EFC," | 24570 |
| "full-time student," "three-quarters-time student," "half-time | 24571 |
| student," "one-quarter-time student," and "accredited" shall be | 24572 |
| defined by rules adopted by the board. | 24573 |
| (B) The Ohio board of regents shall establish and administer | 24574 |
| a needs-based financial aid program based on the United States | 24575 |
| department of education's method of determining financial need and | 24576 |
| may adopt rules to carry out this section. The program shall be | 24577 |
| known as the Ohio college opportunity grant program. The general | 24578 |
| assembly shall support the needs-based financial aid program by | 24579 |
| such sums and in such manner as it may provide, but the board may | 24580 |
| also receive funds from other sources to support the program. If | 24581 |
| the amounts available for support of the program are inadequate to | 24582 |
| provide grants to all eligible students, preference in the payment | 24583 |
| of grants shall be given in terms of expected family contribution, | 24584 |
| beginning with the lowest expected family contribution category | 24585 |
| and proceeding upward by category to the highest expected family | 24586 |
| contribution category. | 24587 |
| A needs-based financial aid grant shall be paid to an | 24588 |
| eligible student through the institution in which the student is | 24589 |
| enrolled, except that no needs-based financial aid grant shall be | 24590 |
| paid to any person serving a term of imprisonment. Applications | 24591 |
| for such grants shall be made as prescribed by the board, and such | 24592 |
| applications may be made in conjunction with and upon the basis of | 24593 |
| information provided in conjunction with student assistance | 24594 |
| programs funded by agencies of the United States government or | 24595 |
| from financial resources of the institution of higher education. | 24596 |
| The institution shall certify that the student applicant meets the | 24597 |
| requirements set forth in divisions (A)(1)(a) and (b) of this | 24598 |
| section. Needs-based financial aid grants shall be provided to an | 24599 |
| eligible student only as long as the student is making appropriate | 24600 |
| progress toward a nursing diploma or an associate or bachelor's | 24601 |
| degree. No student shall be eligible to receive a grant for more | 24602 |
| than ten semesters, fifteen quarters, or the equivalent of five | 24603 |
| academic years. A grant made to an eligible student on the basis | 24604 |
| of less than full-time enrollment shall be based on the number of | 24605 |
| credit hours for which the student is enrolled and shall be | 24606 |
| computed in accordance with a formula adopted by the board. No | 24607 |
| student shall receive more than one grant on the basis of less | 24608 |
| than full-time enrollment. | 24609 |
| A needs-based financial aid grant shall not exceed the total | 24610 |
| instructional and general charges of the institution. | 24611 |
| (C) The tables in this division prescribe the maximum grant | 24612 |
| amounts covering two semesters, three quarters, or a comparable | 24613 |
| portion of one academic year. Grant amounts for additional terms | 24614 |
| in the same academic year shall be determined under division (D) | 24615 |
| of this section. | 24616 |
| As used in the tables in division (C) of this section: | 24617 |
| (1) "Private institution" means an institution that is | 24618 |
| nonprofit and has a certificate of authorization from the Ohio | 24619 |
| board of regents pursuant to Chapter 1713. of the Revised Code. | 24620 |
| (2) "Career college" means either an institution that holds a | 24621 |
| certificate of registration from the state board of career | 24622 |
| colleges and schools or a private institution exempt from | 24623 |
| regulation under Chapter 3332. of the Revised Code as prescribed | 24624 |
| in section 3333.046 of the Revised Code. | 24625 |
| Full-time students shall be eligible to receive awards | 24626 |
| according to the following table: | 24627 |
| 24628 |
| 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: | 24629 | ||||||
| $2,101 | $2,190 | $300 | $600 | $480 | 24630 | ||||||
| 2,001 | 2,100 | 402 | 798 | 642 | 24631 | ||||||
| 1,901 | 2,000 | 498 | 1,002 | 798 | 24632 | ||||||
| 1,801 | 1,900 | 600 | 1,200 | 960 | 24633 | ||||||
| 1,701 | 1,800 | 702 | 1,398 | 1,122 | 24634 | ||||||
| 1,601 | 1,700 | 798 | 1,602 | 1,278 | 24635 | ||||||
| 1,501 | 1,600 | 900 | 1,800 | 1,440 | 24636 | ||||||
| 1,401 | 1,500 | 1,002 | 1,998 | 1,602 | 24637 | ||||||
| 1,301 | 1,400 | 1,098 | 2,202 | 1,758 | 24638 | ||||||
| 1,201 | 1,300 | 1,200 | 2,400 | 1,920 | 24639 | ||||||
| 1,101 | 1,200 | 1,302 | 2,598 | 2,082 | 24640 | ||||||
| 1,001 | 1,100 | 1,398 | 2,802 | 2,238 | 24641 | ||||||
| 901 | 1,000 | 1,500 | 3,000 | 2,400 | 24642 | ||||||
| 801 | 900 | 1,602 | 3,198 | 2,562 | 24643 | ||||||
| 701 | 800 | 1,698 | 3,402 | 2,718 | 24644 | ||||||
| 601 | 700 | 1,800 | 3,600 | 2,280 | 24645 | ||||||
| 501 | 600 | 1,902 | 3,798 | 3,042 | 24646 | ||||||
| 401 | 500 | 1,998 | 4,002 | 3,198 | 24647 | ||||||
| 301 | 400 | 2,100 | 4,200 | 3,360 | 24648 | ||||||
| 201 | 300 | 2,202 | 4,398 | 3,522 | 24649 | ||||||
| 101 | 200 | 2,298 | 4,602 | 3,678 | 24650 | ||||||
| 1 | 100 | 2,400 | 4,800 | 3,840 | 24651 | ||||||
| 0 | 0 | 2,496 | 4,992 | 3,996 | 24652 |
| Three-quarters-time students shall be eligible to receive | 24653 |
| awards according to the following table: | 24654 |
| 24655 |
| 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: | 24656 | ||||||
| $2,101 | $2,190 | $228 | $450 | $360 | 24657 | ||||||
| 2,001 | 2,100 | 300 | 600 | 480 | 24658 | ||||||
| 1,901 | 2,000 | 372 | 750 | 600 | 24659 | ||||||
| 1,801 | 1,900 | 450 | 900 | 720 | 24660 | ||||||
| 1,701 | 1,800 | 528 | 1,050 | 840 | 24661 | ||||||
| 1,601 | 1,700 | 600 | 1,200 | 960 | 24662 | ||||||
| 1,501 | 1,600 | 678 | 1,350 | 1,080 | 24663 | ||||||
| 1,401 | 1,500 | 750 | 1,500 | 1,200 | 24664 | ||||||
| 1,301 | 1,400 | 822 | 1,650 | 1,320 | 24665 | ||||||
| 1,201 | 1,300 | 900 | 1,800 | 1,440 | 24666 | ||||||
| 1,101 | 1,200 | 978 | 1,950 | 1,560 | 24667 | ||||||
| 1,001 | 1,100 | 1,050 | 2,100 | 1,680 | 24668 | ||||||
| 901 | 1,000 | 1,128 | 2,250 | 1,800 | 24669 | ||||||
| 801 | 900 | 1,200 | 2,400 | 1,920 | 24670 | ||||||
| 701 | 800 | 1,272 | 2,550 | 2,040 | 24671 | ||||||
| 601 | 700 | 1,350 | 2,700 | 2,160 | 24672 | ||||||
| 501 | 600 | 1,428 | 2,850 | 2,280 | 24673 | ||||||
| 401 | 500 | 1,500 | 3,000 | 2,400 | 24674 | ||||||
| 301 | 400 | 1,578 | 3,150 | 2,520 | 24675 | ||||||
| 201 | 300 | 1,650 | 3,300 | 2,640 | 24676 | ||||||
| 101 | 200 | 1,722 | 3,450 | 2,760 | 24677 | ||||||
| 1 | 100 | 1,800 | 3,600 | 2,880 | 24678 | ||||||
| 0 | 0 | 1,872 | 3,744 | 3,000 | 24679 |
| Half-time students shall be eligible to receive awards | 24680 |
| according to the following table: | 24681 |
| 24682 |
| 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: | 24683 | ||||||
| $2,101 | $2,190 | $150 | $300 | $240 | 24684 | ||||||
| 2,001 | 2,100 | 204 | 402 | 324 | 24685 | ||||||
| 1,901 | 2,000 | 252 | 504 | 402 | 24686 | ||||||
| 1,801 | 1,900 | 300 | 600 | 480 | 24687 | ||||||
| 1,701 | 1,800 | 354 | 702 | 564 | 24688 | ||||||
| 1,601 | 1,700 | 402 | 804 | 642 | 24689 | ||||||
| 1,501 | 1,600 | 450 | 900 | 720 | 24690 | ||||||
| 1,401 | 1,500 | 504 | 1,002 | 804 | 24691 | ||||||
| 1,301 | 1,400 | 552 | 1,104 | 882 | 24692 | ||||||
| 1,201 | 1,300 | 600 | 1,200 | 960 | 24693 | ||||||
| 1,101 | 1,200 | 654 | 1,302 | 1,044 | 24694 | ||||||
| 1,001 | 1,100 | 702 | 1,404 | 1,122 | 24695 | ||||||
| 901 | 1,000 | 750 | 1,500 | 1,200 | 24696 | ||||||
| 801 | 900 | 804 | 1,602 | 1,284 | 24697 | ||||||
| 701 | 800 | 852 | 1,704 | 1,362 | 24698 | ||||||
| 601 | 700 | 900 | 1,800 | 1,440 | 24699 | ||||||
| 501 | 600 | 954 | 1,902 | 1,524 | 24700 | ||||||
| 401 | 500 | 1,002 | 2,004 | 1,602 | 24701 | ||||||
| 301 | 400 | 1,050 | 2,100 | 1,680 | 24702 | ||||||
| 201 | 300 | 1,104 | 2,202 | 1,764 | 24703 | ||||||
| 101 | 200 | 1,152 | 2,304 | 1,842 | 24704 | ||||||
| 1 | 100 | 1,200 | 2,400 | 1,920 | 24705 | ||||||
| 0 | 0 | 1,248 | 2,496 | 1,998 | 24706 |
| One-quarter-time students shall be eligible to receive awards | 24707 |
| according to the following table: | 24708 |
| 24709 |
| 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: | 24710 | ||||||
| $2,101 | $2,190 | $78 | $150 | $120 | 24711 | ||||||
| 2,001 | 2,100 | 102 | 198 | 162 | 24712 | ||||||
| 1,901 | 2,000 | 126 | 252 | 198 | 24713 | ||||||
| 1,801 | 1,900 | 150 | 300 | 240 | 24714 | ||||||
| 1,701 | 1,800 | 174 | 348 | 282 | 24715 | ||||||
| 1,601 | 1,700 | 198 | 402 | 318 | 24716 | ||||||
| 1,501 | 1,600 | 228 | 450 | 360 | 24717 | ||||||
| 1,401 | 1,500 | 252 | 498 | 402 | 24718 | ||||||
| 1,301 | 1,400 | 276 | 552 | 438 | 24719 | ||||||
| 1,201 | 1,300 | 300 | 600 | 480 | 24720 | ||||||
| 1,101 | 1,200 | 324 | 648 | 522 | 24721 | ||||||
| 1,001 | 1,100 | 348 | 702 | 558 | 24722 | ||||||
| 901 | 1,000 | 378 | 750 | 600 | 24723 | ||||||
| 801 | 900 | 402 | 798 | 642 | 24724 | ||||||
| 701 | 800 | 426 | 852 | 678 | 24725 | ||||||
| 601 | 700 | 450 | 900 | 720 | 24726 | ||||||
| 501 | 600 | 474 | 948 | 762 | 24727 | ||||||
| 401 | 500 | 498 | 1,002 | 798 | 24728 | ||||||
| 301 | 400 | 528 | 1,050 | 840 | 24729 | ||||||
| 201 | 300 | 552 | 1,098 | 882 | 24730 | ||||||
| 101 | 200 | 576 | 1,152 | 918 | 24731 | ||||||
| 1 | 100 | 600 | 1,200 | 960 | 24732 | ||||||
| 0 | 0 | 624 | 1,248 | 1,002 | 24733 |
| (D) For a full-time student enrolled in an eligible | 24734 |
| institution for a semester or quarter in addition to the portion | 24735 |
| of the academic year covered by a grant determined under division | 24736 |
| (C) of this section, the maximum grant amount shall be a | 24737 |
| percentage of the maximum prescribed in the applicable table of | 24738 |
| that division. The maximum grant for a fourth quarter shall be | 24739 |
| one-third of the maximum amount prescribed under that division. | 24740 |
| The maximum grant for a third semester shall be one-half of the | 24741 |
| maximum amount prescribed under that division. | 24742 |
| (E) No grant shall be made to any student in a course of | 24743 |
| study in theology, religion, or other field of preparation for a | 24744 |
| religious profession unless such course of study leads to an | 24745 |
| accredited bachelor of arts, bachelor of science, associate of | 24746 |
| arts, or associate of science degree. | 24747 |
| (F)(1) Except as provided in division (F)(2) of this section, | 24748 |
| no grant shall be made to any student for enrollment during a | 24749 |
| fiscal year in an institution with a cohort default rate | 24750 |
| determined by the United States secretary of education pursuant to | 24751 |
| the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408, | 24752 |
| 20 U.S.C.A. 1085, as amended, as of the fifteenth day of June | 24753 |
| preceding the fiscal year, equal to or greater than thirty per | 24754 |
| cent for each of the preceding two fiscal years. | 24755 |
| (2) Division (F)(1) of this section does not apply to the | 24756 |
| following: | 24757 |
| (a) Any student enrolled in an institution that under the | 24758 |
| federal law appeals its loss of eligibility for federal financial | 24759 |
| aid and the United States secretary of education determines its | 24760 |
| cohort default rate after recalculation is lower than the rate | 24761 |
| specified in division (F)(1) of this section or the secretary | 24762 |
| determines due to mitigating circumstances the institution may | 24763 |
| continue to participate in federal financial aid programs. The | 24764 |
| board shall adopt rules requiring institutions to provide | 24765 |
| information regarding an appeal to the board. | 24766 |
| (b) Any student who has previously received a grant under | 24767 |
| this section who meets all other requirements of this section. | 24768 |
| (3) The board shall adopt rules for the notification of all | 24769 |
| institutions whose students will be ineligible to participate in | 24770 |
| the grant program pursuant to division (F)(1) of this section. | 24771 |
| (4) A student's attendance at an institution whose students | 24772 |
| lose eligibility for grants under division (F)(1) of this section | 24773 |
| shall not affect that student's eligibility to receive a grant | 24774 |
| when enrolled in another institution. | 24775 |
| (G) Institutions of higher education that enroll students | 24776 |
| receiving needs-based financial aid grants under this section | 24777 |
| shall report to the board all students who have received | 24778 |
| needs-based financial aid grants but are no longer eligible for | 24779 |
| all or part of such grants and shall refund any moneys due the | 24780 |
| state within thirty days after the beginning of the quarter or | 24781 |
| term immediately following the quarter or term in which the | 24782 |
| student was no longer eligible to receive all or part of the | 24783 |
| student's grant. There shall be an interest charge of one per cent | 24784 |
| per month on all moneys due and payable after such thirty-day | 24785 |
| period. The board shall immediately notify the office of budget | 24786 |
| and management and the legislative service commission of all | 24787 |
| refunds so received. | 24788 |
| Sec. 3333.38. (A) As used in this section: | 24789 |
| (1) "Institution of higher education" includes all of the | 24790 |
| following: | 24791 |
| (a) A state institution of higher education, as defined in | 24792 |
| section 3345.011 of the Revised Code; | 24793 |
| (b) A nonprofit institution issued a certificate of | 24794 |
| authorization by the Ohio board of regents under Chapter 1713. of | 24795 |
| the Revised Code; | 24796 |
| (c) A private institution exempt from regulation under | 24797 |
| Chapter 3332. of the Revised Code, as prescribed in section | 24798 |
| 3333.046 of the Revised Code; | 24799 |
| (d) An institution of higher education with a certificate of | 24800 |
| registration from the state board of career colleges and schools | 24801 |
| under Chapter 3332. of the Revised Code. | 24802 |
| (2) "Student financial assistance supported by state funds" | 24803 |
| includes assistance granted under sections 3315.33, 3333.12, | 24804 |
| 3333.122, 3333.21, 3333.26, 3333.27, 3333.28, | 24805 |
| 5910.03, 5910.032, and 5919.34 of the Revised Code and any other | 24806 |
| post-secondary student financial assistance supported by state | 24807 |
| funds. | 24808 |
| (B) An individual who is convicted of, pleads guilty to, or | 24809 |
| is adjudicated a delinquent child for one of the following | 24810 |
| violations shall be ineligible to receive any student financial | 24811 |
| assistance supported by state funds at an institution of higher | 24812 |
| education for two calendar years from the time the individual | 24813 |
| applies for assistance of that nature: | 24814 |
| (1) A violation of section 2917.02 or 2917.03 of the Revised | 24815 |
| Code; | 24816 |
| (2) A violation of section 2917.04 of the Revised Code that | 24817 |
| is a misdemeanor of the fourth degree; | 24818 |
| (3) A violation of section 2917.13 of the Revised Code that | 24819 |
| is a misdemeanor of the fourth or first degree and occurs within | 24820 |
| the proximate area where four or more others are acting in a | 24821 |
| course of conduct in violation of section 2917.11 of the Revised | 24822 |
| Code. | 24823 |
| (C) If an individual is convicted of, pleads guilty to, or is | 24824 |
| adjudicated a delinquent child for committing a violation of | 24825 |
| section 2917.02 or 2917.03 of the Revised Code, and if the | 24826 |
| individual is enrolled in a state-supported institution of higher | 24827 |
| education, the institution in which the individual is enrolled | 24828 |
| shall immediately dismiss the individual. No state-supported | 24829 |
| institution of higher education shall admit an individual of that | 24830 |
| nature for one academic year after the individual applies for | 24831 |
| admission to a state-supported institution of higher education. | 24832 |
| This division does not limit or affect the ability of a | 24833 |
| state-supported institution of higher education to suspend or | 24834 |
| otherwise discipline its students. | 24835 |
| Sec. 3333.50. The Ohio board of regents, in consultation with | 24836 |
| the governor and the department of development, shall develop a | 24837 |
| critical needs rapid response system to respond quickly to | 24838 |
| critical workforce shortages in the state. Not later than ninety | 24839 |
| days after a critical workforce shortage is identified, the | 24840 |
| chancellor of the board shall submit to the governor a proposal | 24841 |
| for addressing the shortage through initiatives of the board or | 24842 |
| institutions of higher education. | 24843 |
| Sec. 3333.55. (A) The health information and imaging | 24844 |
| technology workforce development pilot project is hereby | 24845 |
| established. Under the project, in fiscal years 2008 through 2010, | 24846 |
| the Ohio board of regents shall design and implement a three-year | 24847 |
| pilot program to test, in the vicinity of Clark, Greene, and | 24848 |
| Montgomery counties, how a P-16 public-private education and | 24849 |
| workforce development collaborative may address each of the | 24850 |
| following goals: | 24851 |
| (1) Increase the number of students taking and mastering | 24852 |
| high-level science, technology, engineering, or mathematics | 24853 |
| courses and pursuing careers in those subjects, in all demographic | 24854 |
| regions of the state; | 24855 |
| (2) Increase the number of students pursuing professional | 24856 |
| careers in health information and imaging technology upon | 24857 |
| receiving related technical education and professional experience, | 24858 |
| in all demographic regions of the state; | 24859 |
| (3) Unify efforts among schools, career centers, | 24860 |
| post-secondary programs, and employers in a region for career and | 24861 |
| workforce development, preservation, and public education. | 24862 |
| (B) The project shall focus on enhancing P-16 education and | 24863 |
| workforce development in the field of health information and | 24864 |
| imaging technology through such activities as increased academic | 24865 |
| intervention in related areas of study, after-school and summer | 24866 |
| intervention programs, tutoring, career and job fairs and other | 24867 |
| promotional and recruitment activities, externships, professional | 24868 |
| development, field trips, academic competitions, development of | 24869 |
| related specialized study modules, development of honors programs, | 24870 |
| and development and enhancement of dual high school and college | 24871 |
| enrollment programs. | 24872 |
| (C) Project participants shall include Clark-Shawnee local | 24873 |
| school district, Springfield city school district, Greene county | 24874 |
| career center, Clark state community college, Central state | 24875 |
| university, Wright state university, Cedarville university, | 24876 |
| Wittenberg university, the university of Dayton, and private | 24877 |
| employers in the health information and imaging technology | 24878 |
| industry in the vicinity of Clark, Greene, and Montgomery | 24879 |
| counties, selected by the board of regents. | 24880 |
| For the third year of the project, the board of regents may | 24881 |
| add as participants the Dayton city school district and Xenia city | 24882 |
| school district. | 24883 |
| (D) Wittenberg university shall be the lead coordinating | 24884 |
| agent and Clark state community college shall be the fiscal agent | 24885 |
| for the project. | 24886 |
| (E) The board of regents shall create an advisory council | 24887 |
| made up of representatives of the participating entities to | 24888 |
| coordinate, monitor, and evaluate the project. The advisory | 24889 |
| council shall submit an annual activity report to the board of | 24890 |
| regents by a date specified by the board of regents. | 24891 |
| Sec. 3345.02. As used in this section, "state institution of | 24892 |
| higher education" has the same meaning as in section 3345.011 of | 24893 |
| the Revised Code. | 24894 |
| Beginning in the 2008-2009 academic year, each state | 24895 |
| institution of higher education shall include in each statement of | 24896 |
| estimated or actual charges owed by a student enrolled in the | 24897 |
| institution an itemized list of the instructional fees, general | 24898 |
| fees, special purpose fees, service charges, fines, and any other | 24899 |
| fees or surcharges applicable to the student. | 24900 |
| Sec. 3353.20. As used in sections 3353.20 to 3353.30 of the | 24901 |
| Revised Code: | 24902 |
| (A) "Clearinghouse" means the clearinghouse established under | 24903 |
| section 3353.21 of the Revised Code. | 24904 |
| (B) "Data verification code" means the code assigned to a | 24905 |
| student under division (D)(2) of section 3301.0714 of the Revised | 24906 |
| Code. | 24907 |
| (C) "One-half unit" of instruction has the same meaning as in | 24908 |
| section 3313.603 of the Revised Code. | 24909 |
| (D) A "student's community school" means the community school | 24910 |
| established under Chapter 3314. of the Revised Code in which the | 24911 |
| student is enrolled instead of being enrolled in a school operated | 24912 |
| by a school district. | 24913 |
| (E) A "student's school district" means the school district | 24914 |
| operating the school in which the student is lawfully enrolled. | 24915 |
| Sec. 3353.21. (A) The eTech Ohio commission shall establish | 24916 |
| a clearinghouse of interactive distance learning courses and other | 24917 |
| distance learning courses delivered via a computer-based method | 24918 |
| offered by school districts for sharing with other school | 24919 |
| districts and community schools for the fee set pursuant to | 24920 |
| section 3353.24 of the Revised Code. The commission shall not be | 24921 |
| responsible for the content of courses offered through the | 24922 |
| clearinghouse; however, all such courses shall be delivered only | 24923 |
| in accordance with technical specifications approved by the | 24924 |
| commission. | 24925 |
| (B) To offer a course through the clearinghouse, a school | 24926 |
| district shall apply to the commission in a form and manner | 24927 |
| prescribed by the commission. The application for each course | 24928 |
| shall describe the course of study in as much detail as required | 24929 |
| by the commission, the qualification and credentials of the | 24930 |
| teacher, the number of hours of instruction, the technology | 24931 |
| required to deliver and receive the course, the technical capacity | 24932 |
| of the school district to deliver the course, the times that the | 24933 |
| school district plans to deliver the course, and any other | 24934 |
| information required by the commission. The commission may require | 24935 |
| school districts to include in their applications information | 24936 |
| recommended by the state board of education under section 3353.30 | 24937 |
| of the Revised Code. | 24938 |
| (C) The commission shall review the technical specifications | 24939 |
| of each application submitted under division (B) of this section | 24940 |
| and shall approve a course offered if the commission determines | 24941 |
| that the school district can satisfactorily deliver the course | 24942 |
| through the technology necessary for that delivery. In reviewing | 24943 |
| applications, the commission may consult with the department of | 24944 |
| education; however, the responsibility to either approve or not | 24945 |
| approve a course for the clearinghouse belongs to the commission. | 24946 |
| The commission may request additional information from a school | 24947 |
| district that submits an application under division (B) of this | 24948 |
| section, if the commission determines that such information is | 24949 |
| necessary. The commission may negotiate changes in the proposal to | 24950 |
| offer a course, if the commission determines that changes are | 24951 |
| necessary in order to approve the course. | 24952 |
| (D) The commission shall catalog each course approved for the | 24953 |
| clearinghouse, through a print or electronic medium, displaying | 24954 |
| the following: | 24955 |
| (1) Information necessary for a student and the student's | 24956 |
| parent, guardian, or custodian and the student's school district | 24957 |
| or community school to decide whether to enroll in the course; | 24958 |
| (2) Instructions for enrolling in that course, including | 24959 |
| deadlines for enrollment. | 24960 |
| Sec. 3353.22. (A) A student who is enrolled in a school | 24961 |
| operated by a school district or in a community school may enroll | 24962 |
| in a course included in the clearinghouse only if both of the | 24963 |
| following conditions are satisfied: | 24964 |
| (1) The student's enrollment in the course is approved by the | 24965 |
| student's school district or the student's community school. | 24966 |
| (2) The student's school district or the student's community | 24967 |
| school agrees to accept for credit the grade assigned by the | 24968 |
| district that is delivering the course. | 24969 |
| (B) For each student enrolling in a course, the student's | 24970 |
| school district or the student's community school shall transmit | 24971 |
| to the eTech Ohio commission only the student's data verification | 24972 |
| code and not the student's name. The commission shall transmit | 24973 |
| that student's code to the school district delivering the course. | 24974 |
| The district delivering the course may request from the | 24975 |
| student's school district or the student's community school the | 24976 |
| student's name and other information from the student's school | 24977 |
| record. The student's school district or the student's community | 24978 |
| school shall provide the requested information only in accordance | 24979 |
| with section 3319.321 of the Revised Code. | 24980 |
| (C) The student's school district or the student's community | 24981 |
| school shall determine the manner in which and facilities at which | 24982 |
| the student shall participate in the course consistent with | 24983 |
| specifications for technology and connectivity adopted by the | 24984 |
| commission. | 24985 |
| (D) A student may withdraw from a course prior to the end of | 24986 |
| the course only by a date and in a manner prescribed by the | 24987 |
| student's school district or community school. | 24988 |
| (E) A student who is enrolled in a school operated by a | 24989 |
| school district or in a community school and who takes a course | 24990 |
| included in the clearinghouse shall be counted in the formula ADM | 24991 |
| of a school district under section 3317.03 of the Revised Code as | 24992 |
| if the student were taking the course from the student's school | 24993 |
| district or the student's community school. | 24994 |
| Sec. 3353.23. (A) The eTech Ohio commission shall keep a | 24995 |
| record of each student enrolled in each course included in the | 24996 |
| clearinghouse using the student's data verification code. | 24997 |
| (B) The commission shall report to the department of | 24998 |
| education the data verification code for each student enrolled in | 24999 |
| a course, the name of the school district delivering the course, | 25000 |
| the name of the student's school district or the name of the | 25001 |
| student's community school, the fee for the course, and the | 25002 |
| beginning and ending date of the course. | 25003 |
| Sec. 3353.24. (A) Unless the eTech Ohio commission sets a | 25004 |
| different fee amount pursuant to division (B) of this section, the | 25005 |
| fee for each course that is the equivalent of one-half unit of | 25006 |
| instruction offered through the clearinghouse shall be one hundred | 25007 |
| seventy-five dollars per student. The commission shall set the fee | 25008 |
| for a course that is either less than or greater than one-half | 25009 |
| unit of instruction based on the proportional amount the course is | 25010 |
| either less than or greater than one-half unit of instruction. | 25011 |
| (B) The commission, by rule adopted in accordance with | 25012 |
| Chapter 119. of the Revised Code, may set a fee for courses | 25013 |
| offered through the clearinghouse at a rate other than the one | 25014 |
| specified in division (A) of this section. | 25015 |
| (C) The commission shall proportionally reduce the fee for | 25016 |
| any student who withdraws from a course prior to the end of the | 25017 |
| course pursuant to division (D) of section 3353.22 of the Revised | 25018 |
| Code. | 25019 |
| Sec. 3353.25. For each student enrolled in a course included | 25020 |
| in the clearinghouse, in accordance with information reported | 25021 |
| under division (B) of section 3353.23 of the Revised Code and not | 25022 |
| later than the last day of that course, the department of | 25023 |
| education shall deduct the amount of the fee for that course from | 25024 |
| the student's school district or the student's community school, | 25025 |
| under division (P) of section 3317.023 or section 3314.086 or | 25026 |
| 3317.161 of the Revised Code, and shall pay that amount to the | 25027 |
| school district delivering the course. | 25028 |
| Sec. 3353.26. The grade for a student who enrolls in a | 25029 |
| course included in the clearinghouse shall be assigned by the | 25030 |
| school district that delivers the course and shall be transmitted | 25031 |
| by that district to the student's school district or the student's | 25032 |
| community school. | 25033 |
| Sec. 3353.27. The eTech Ohio commission may determine the | 25034 |
| manner in which a course included in the clearinghouse may be | 25035 |
| offered as a dual enrollment program as defined in section | 25036 |
| 3313.6013 of the Revised Code, may be offered to students who are | 25037 |
| enrolled in nonpublic schools or are instructed at home pursuant | 25038 |
| to section 3321.04 of the Revised Code, or may be offered at times | 25039 |
| outside the normal school day or school week, including any | 25040 |
| necessary additional fees and methods of payment for a course so | 25041 |
| offered. | 25042 |
| Sec. 3353.28. The eTech Ohio commission shall adopt rules in | 25043 |
| accordance with Chapter 119. of the Revised Code prescribing | 25044 |
| procedures for the implementation of sections 3353.20 to 3353.27 | 25045 |
| of the Revised Code. | 25046 |
| Sec. 3353.29. Nothing in sections 3353.20 to 3353.28 of the | 25047 |
| Revised Code, or in rules implementing those sections, shall | 25048 |
| prohibit a school district from offering an interactive distance | 25049 |
| learning course or other distance learning course using a | 25050 |
| computer-based method through any means other than the | 25051 |
| clearinghouse established and maintained under those sections. | 25052 |
| Sec. 3353.30. Not later than six months after the effective | 25053 |
| date of this section, the state board of education shall adopt a | 25054 |
| resolution recommending to the eTech Ohio commission the types of | 25055 |
| information about a distance learning course that the commission | 25056 |
| might require school districts to submit with their applications | 25057 |
| to include the course in the clearinghouse. | 25058 |
| Sec. 3357.01. As used in sections 3357.01 to 3357.19, | 25059 |
| inclusive, of the Revised Code: | 25060 |
| (A) "Technical college" means an institution of education | 25061 |
| beyond the high school, including an institution of higher | 25062 |
| education, organized for the principal purpose of providing for | 25063 |
| the residents of the technical college district, wherein such | 25064 |
| college is situated, any one or more of the instructional programs | 25065 |
| defined in this section as " | 25066 |
| or "adult-education technical programs," normally not exceeding | 25067 |
| two years duration and not leading to a baccalaureate degree. | 25068 |
| (B) "Technical college district" means a political | 25069 |
| subdivision of the state and a body corporate with all the powers | 25070 |
| of a corporation, comprised of the territory of a city school | 25071 |
| district or a county, or two or more contiguous school districts | 25072 |
| or counties, which meets the standards prescribed by the Ohio | 25073 |
| board of regents pursuant to section 3357.02 of the Revised Code, | 25074 |
| and which is organized for the purpose of establishing, owning, | 25075 |
| and operating one or more technical colleges within the territory | 25076 |
| of such district. | 25077 |
| (C) "Contiguous school districts or counties" means school | 25078 |
| districts or counties so located that each such school district or | 25079 |
| county shares at least one boundary or a portion thereof in common | 25080 |
| with at least one other such school district or county in the | 25081 |
| group of school districts or counties referred to as being | 25082 |
| "contiguous." | 25083 |
| (D) "Technical college program" means a post high school | 25084 |
| curricular program provided within a technical college, planned | 25085 |
| and intended to qualify students, after satisfactory completion of | 25086 |
| such a program normally two years in duration, to pursue careers | 25087 |
| in which they provide immediate technical assistance to | 25088 |
| professional or managerial persons generally required to hold | 25089 |
| baccalaureate or higher academic degrees in technical or | 25090 |
| professional fields. The technical and professional fields | 25091 |
| referred to in this section include, but are not limited to, | 25092 |
| engineering and physical, medical, or other sciences. | 25093 |
| (E) "Adult-education technical program" means the | 25094 |
| dissemination of post high school technical education service and | 25095 |
| knowledge, for the occupational, or general educational benefit of | 25096 |
| adult persons. | 25097 |
| (F) "Charter amendment" means a change in the official plan | 25098 |
| of a technical college for the purpose of acquiring additional | 25099 |
| lands or structures, disposing of or transferring lands or | 25100 |
| structures, erecting structures, creating or abolishing technical | 25101 |
| college or adult education technical curricular programs. | 25102 |
| (G) "Baccalaureate-oriented program" means a curricular | 25103 |
| program of not more than two years' duration that is planned and | 25104 |
| intended to enable students to gain academic credit for courses | 25105 |
| comparable to first- and second-year courses offered by accredited | 25106 |
| colleges and universities. The purpose of baccalaureate-oriented | 25107 |
| coursework in technical colleges is to enable students to transfer | 25108 |
| to colleges and universities and earn baccalaureate degrees or to | 25109 |
| enable students to terminate academic study after two years with a | 25110 |
| proportionate recognition of academic achievement through receipt | 25111 |
| of an associate degree. | 25112 |
| Sec. 3357.13. As used in this section, "state institution of | 25113 |
| higher education" has the same meaning as in section 3345.011 of | 25114 |
| the Revised Code. | 25115 |
| A technical college may offer baccalaureate-oriented programs | 25116 |
| regardless of its co-location with another state institution of | 25117 |
| higher education. | 25118 |
| Sec. 3365.01. As used in this chapter: | 25119 |
| (A) "College" means any state-assisted college or university | 25120 |
| described in section 3333.041 of the Revised Code, any nonprofit | 25121 |
| institution holding a certificate of authorization pursuant to | 25122 |
| Chapter 1713. of the Revised Code, any private institution exempt | 25123 |
| from regulation under Chapter 3332. of the Revised Code as | 25124 |
| prescribed in section 3333.046 of the Revised Code, and any | 25125 |
| institution holding a certificate of registration from the state | 25126 |
| board of career colleges and schools and program authorization for | 25127 |
| an associate or bachelor's degree program issued under section | 25128 |
| 3332.05 of the Revised Code. | 25129 |
| (B) "School district," except as specified in division (G) of | 25130 |
| this section, means any school district to which a student is | 25131 |
| admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of | 25132 |
| the Revised Code and does not include a joint vocational or | 25133 |
| cooperative education school district. | 25134 |
| (C) "Parent" has the same meaning as in section 3313.64 of | 25135 |
| the Revised Code. | 25136 |
| (D) "Participant" means a student enrolled in a college under | 25137 |
| the post-secondary enrollment options program established by this | 25138 |
| chapter. | 25139 |
| (E) "Secondary grade" means the ninth through twelfth grades. | 25140 |
| (F) "School foundation payments" means the amount required to | 25141 |
| be paid to a school district for a fiscal year under Chapter 3317. | 25142 |
| of the Revised Code. | 25143 |
| (G) "Tuition base" means, with respect to a participant's | 25144 |
|
school district, the | 25145 |
| | 25146 |
| 25147 | |
| 25148 |
| | 25149 |
| 25150 | |
| 25151 | |
| supplements specified in divisions (C)(1) to (4) of section | 25152 |
| 3317.012 of the Revised Code. | 25153 |
| The participant's "school district" in the case of a | 25154 |
| participant enrolled in a community school shall be the school | 25155 |
| district in which the student is entitled to attend school under | 25156 |
| section 3313.64 or 3313.65 of the Revised Code. | 25157 |
| (H) "Educational program" means enrollment in one or more | 25158 |
| school districts, in a nonpublic school, or in a college under | 25159 |
| division (B) of section 3365.04 of the Revised Code. | 25160 |
| (I) "Nonpublic school" means a chartered or nonchartered | 25161 |
| school for which minimum standards are prescribed by the state | 25162 |
| board of education pursuant to division (D) of section 3301.07 of | 25163 |
| the Revised Code. | 25164 |
| (J) "School year" means the year beginning on the first day | 25165 |
| of July and ending on the thirtieth day of June. | 25166 |
| (K) "Community school" means any school established pursuant | 25167 |
| to Chapter 3314. of the Revised Code that includes secondary | 25168 |
| grades. | 25169 |
| (L) "Community school payments" means payments made by the | 25170 |
| department of education to a community school pursuant to division | 25171 |
| (D) of section 3314.08 of the Revised Code. | 25172 |
| Sec. 3375.05. The board of trustees of any public library | 25173 |
|
receiving money from a county's | 25174 |
| 25175 | |
| service by means of branches, library stations, or traveling | 25176 |
| library service to the inhabitants of any school district, other | 25177 |
| than a school district situated within the territorial boundaries | 25178 |
| of the subdivision or district over which said board has | 25179 |
| jurisdiction of free public library service, may make application | 25180 |
| to the state library board, upon forms provided by said board, for | 25181 |
| the establishment of such service. Said application shall set | 25182 |
| forth the total number of people being served by said library on | 25183 |
| the date of said application; an inventory of the books owned by | 25184 |
| said library; the number of branches, library stations, and | 25185 |
| traveling library service maintained by said library on the date | 25186 |
| of said application; the number and classification of the | 25187 |
| employees of said library and such other information as the state | 25188 |
| library board deems pertinent. Such application shall be | 25189 |
| accompanied by a financial statement of the library making the | 25190 |
| application covering the two fiscal years next preceding the date | 25191 |
| of said application. Upon receipt of said application by the state | 25192 |
| library board, the state librarian, or an employee of the state | 25193 |
| library board designated by such librarian, shall visit the | 25194 |
| library making the application for the purpose of determining | 25195 |
| whether or not the establishment of branches, library stations, or | 25196 |
| traveling library service as requested in said application will | 25197 |
| promote better library service in the district covered by said | 25198 |
| application. Upon the completion of such inspection, the | 25199 |
| librarian, or the person designated by the librarian to make such | 25200 |
|
inspection, shall prepare a written report setting forth | 25201 |
| librarian's or designee's recommendations pertaining to the | 25202 |
| establishment of the branches, stations, or traveling library | 25203 |
| service as set forth in the application. Such report shall be | 25204 |
| submitted to the state library board within ninety days after the | 25205 |
| receipt of such application by the state library board. Within | 25206 |
| thirty days after such report has been filed with the state | 25207 |
| library board, said board shall either approve or disapprove, in | 25208 |
| whole or in part, the establishment of branches, library stations, | 25209 |
| or traveling library service as requested in said application. The | 25210 |
| decision of the state library board shall be final. Within ten | 25211 |
| days after final action has been taken by the state library board, | 25212 |
| upon such application, the librarian shall notify in writing the | 25213 |
| board of trustees of the public library making such application of | 25214 |
| the decision of the state library board. | 25215 |
| The state library board may withdraw its approval of library | 25216 |
| service rendered by any library to the inhabitants of a school | 25217 |
| district other than the school district in which the main library | 25218 |
| of such library is located. At least thirty days before the | 25219 |
| approval of such service may be withdrawn, the state library board | 25220 |
| shall give written notice to the board of trustees of the library | 25221 |
| rendering the service and the board of education of the school | 25222 |
| district to which such service is being rendered. Such notice | 25223 |
| shall set forth the reasons for the withdrawal of the approval of | 25224 |
| such service. If the board of trustees of the library rendering | 25225 |
| such service, or the board of education of a school district to | 25226 |
| which such service is being rendered, objects to the withdrawal of | 25227 |
| such approval it may, within twenty days of the receipt of such | 25228 |
| notice, request, in writing, the state library board to hold a | 25229 |
| hearing for the purpose of hearing protests to the withdrawal of | 25230 |
| such approval. Upon the receipt of such request, the state library | 25231 |
| board shall set the time and place of such hearing which shall be | 25232 |
| held within the territorial boundaries of the school district | 25233 |
| being served by the branch, station, or traveling library service | 25234 |
| whose continued operation is in question. Such hearing shall be | 25235 |
| held not less than thirty days after the receipt by the state | 25236 |
| library board of the request for such hearing. The state library | 25237 |
| board shall take no action on the withdrawal of approval of such | 25238 |
| service until after the holding of such hearing. The decision of | 25239 |
| the state library board shall be final. | 25240 |
| Sec. 3375.121. (A) In any municipal corporation, not located | 25241 |
| in a county library district, which has a population of not less | 25242 |
| than twenty-five thousand, and within which there is not located a | 25243 |
| main library of a township, municipal, school district, | 25244 |
| association, or county free public library, a library district may | 25245 |
| be created by a resolution adopted by the legislative authority of | 25246 |
| that municipal corporation. No such resolution shall be adopted | 25247 |
| after one year from June 20, 1977. Upon the adoption of such a | 25248 |
| resolution, any branches of an existing library that are located | 25249 |
| in that municipal corporation shall become the property of the | 25250 |
| municipal library district created. | 25251 |
| The municipal corporation and the board of trustees of the | 25252 |
| public library maintaining any existing branches in that municipal | 25253 |
| corporation shall forthwith take appropriate action transferring | 25254 |
| all title and interest in all real and personal property located | 25255 |
| in that municipal corporation in the name of the library district | 25256 |
| maintaining those branches in that municipal corporation to the | 25257 |
| municipal corporation adopting the appropriate resolution. Upon | 25258 |
| transfer of all title and interest in that property, the branches | 25259 |
| shall become a part of, and be operated by, the board of library | 25260 |
| trustees appointed by the mayor. | 25261 |
| (B) In any municipal corporation that has a population of | 25262 |
| less than twenty-five thousand and that has not less than one | 25263 |
| hundred thousand dollars available from a bequest for the | 25264 |
| establishment of a municipal library, the legislative authority of | 25265 |
| that municipal corporation may adopt, within one year after June | 25266 |
| 20, 1977, a resolution creating a library district. Upon the | 25267 |
| establishment of any such library district, the board of trustees | 25268 |
| of any library operating a branch library in that municipal | 25269 |
| corporation shall not be required to transfer any property to the | 25270 |
| newly established library. | 25271 |
| (C) The board of library trustees of any library district | 25272 |
| created under this section shall be composed of six members. Those | 25273 |
| trustees shall be appointed by the mayor, to serve without | 25274 |
| compensation, for a term of four years. In the first instance, | 25275 |
| three of those trustees shall be appointed for a term of two | 25276 |
| years, and three of them shall be appointed for a term of four | 25277 |
| years. Vacancies shall be filled by like appointment for the | 25278 |
| unexpired term. A library district created under this section | 25279 |
| shall be governed in accordance with and exercise the authority | 25280 |
| provided for in sections 3375.32 to 3375.41 of the Revised Code. | 25281 |
| Notwithstanding any contrary provision of section 3.24 of the | 25282 |
| Revised Code, the president of a board of township trustees may | 25283 |
| administer the oath of office to a person or persons representing | 25284 |
| the township on the board of library trustees of any library | 25285 |
| district created under this section, even if the geographical | 25286 |
| limits of the library district do not fall within the geographical | 25287 |
| limits of the township. | 25288 |
| (D) Any library district created under this section is | 25289 |
|
eligible to participate in the proceeds of the county | 25290 |
|
local | 25291 |
| 5705.28 of the Revised Code. | 25292 |
| (E) A municipal corporation may establish and operate a free | 25293 |
| public library regardless of whether the municipal corporation is | 25294 |
| located in a county library district or school library district, | 25295 |
| if all of the following conditions are met: | 25296 |
| (1) The facility in which the library is principally located | 25297 |
| is transferred to the municipal corporation from the county | 25298 |
| library district or school library district in which it is located | 25299 |
| prior to January 1, 1996. | 25300 |
| (2) The population of the municipal corporation is less than | 25301 |
| five hundred when the library is transferred from the county | 25302 |
| library district or school library district to the municipal | 25303 |
| corporation. | 25304 |
| (3) The municipal corporation does not establish a municipal | 25305 |
| library district under this section. | 25306 |
| (4) The library does not receive any proceeds from the county | 25307 |
| 25308 | |
| 5747.48 of the Revised Code. | 25309 |
| Sec. 3375.40. Each board of library trustees appointed | 25310 |
| pursuant to section 3375.06, 3375.10, 3375.12, 3375.15, 3375.22, | 25311 |
| or 3375.30 of the Revised Code may do the following: | 25312 |
| (A) Hold title to and have the custody of all real and | 25313 |
| personal property of the free public library under its | 25314 |
| jurisdiction; | 25315 |
| (B) Expend for library purposes, and in the exercise of the | 25316 |
| power enumerated in this section, all moneys, whether derived from | 25317 |
| the county | 25318 |
| otherwise, credited to the free public library under its | 25319 |
| jurisdiction and generally do all things it considers necessary | 25320 |
| for the establishment, maintenance, and improvement of the free | 25321 |
| public library under its jurisdiction; | 25322 |
| (C) Purchase, lease, construct, remodel, renovate, or | 25323 |
| otherwise improve, equip, and furnish buildings or parts of | 25324 |
| buildings and other real property, and purchase, lease, or | 25325 |
| otherwise acquire motor vehicles and other personal property, | 25326 |
| necessary for the proper maintenance and operation of the free | 25327 |
| public library under its jurisdiction, and pay their costs in | 25328 |
| installments or otherwise. Financing of these costs may be | 25329 |
| provided through the issuance of notes, through an installment | 25330 |
| sale, or through a lease-purchase agreement. Any such notes shall | 25331 |
| be issued pursuant to section 3375.404 of the Revised Code. | 25332 |
| (D) Purchase, lease, lease with an option to purchase, or | 25333 |
| erect buildings or parts of buildings to be used as main | 25334 |
| libraries, branch libraries, or library stations pursuant to | 25335 |
| section 3375.41 of the Revised Code; | 25336 |
| (E) Establish and maintain a main library, branches, library | 25337 |
| stations, and traveling library service within the territorial | 25338 |
| boundaries of the political subdivision or district over which it | 25339 |
| has jurisdiction of free public library service; | 25340 |
| (F) Except as otherwise provided in this division, establish | 25341 |
| and maintain branches, library stations, and traveling library | 25342 |
| service in any school district, outside the territorial boundaries | 25343 |
| of the political subdivision or district over which it has | 25344 |
| jurisdiction of free public library service, upon application to | 25345 |
| and approval of the state library board, pursuant to section | 25346 |
| 3375.05 of the Revised Code. The board of library trustees of any | 25347 |
| free public library maintaining branches, stations, or traveling | 25348 |
| library service, outside the territorial boundaries of the | 25349 |
| political subdivision or district over which it has jurisdiction | 25350 |
| of free public library service, on September 4, 1947, may continue | 25351 |
| to maintain and operate those branches, those stations, and that | 25352 |
| traveling library service without the approval of the state | 25353 |
| library board. | 25354 |
| (G) Appoint and fix the compensation of all of the employees | 25355 |
| of the free public library under its jurisdiction, pay the | 25356 |
| reasonable cost of tuition for any of its employees who enroll in | 25357 |
| a course of study the board considers essential to the duties of | 25358 |
| the employee or to the improvement of the employee's performance, | 25359 |
| and reimburse applicants for employment for any reasonable | 25360 |
| expenses they incur by appearing for a personal interview; | 25361 |
| (H) Make and publish rules for the proper operation and | 25362 |
| management of the free public library and facilities under its | 25363 |
| jurisdiction, including rules pertaining to the provision of | 25364 |
| library services to individuals, corporations, or institutions | 25365 |
| that are not inhabitants of the county; | 25366 |
| (I) Assess uniform fees for the provision of services to | 25367 |
| patrons of the library, but no fee shall be assessed for the | 25368 |
| circulation of printed materials held by the library except for | 25369 |
| the assessment of fines for materials not returned in accordance | 25370 |
| with the board's rules; | 25371 |
| (J) Establish and maintain a museum in connection with and as | 25372 |
| an adjunct to the free public library under its jurisdiction; | 25373 |
| (K) By the adoption of a resolution, accept any bequest, | 25374 |
| gift, or endowment upon the conditions connected with the bequest, | 25375 |
| gift, or endowment. No such bequest, gift, or endowment shall be | 25376 |
| accepted by the board if its conditions remove any portion of the | 25377 |
| free public library under the board's jurisdiction from the | 25378 |
| control of the board or if the conditions, in any manner, limit | 25379 |
| the free use of the library or any part of it by the residents of | 25380 |
| the counties in which the library is located. | 25381 |
| (L) At the end of any fiscal year, by a two-thirds vote of | 25382 |
| its full membership, set aside any unencumbered surplus remaining | 25383 |
| in the general fund of the free public library under its | 25384 |
| jurisdiction for any purpose, including creating or increasing a | 25385 |
| special building and repair fund, or for operating the library or | 25386 |
| acquiring equipment and supplies; | 25387 |
| (M) Procure and pay all or part of the cost of group term | 25388 |
| life, hospitalization, surgical, major medical, disability | 25389 |
| benefit, dental care, eye care, hearing aids, or prescription drug | 25390 |
| insurance or coverage, or a combination of any of those types of | 25391 |
| insurance or coverage, whether issued by an insurance company or a | 25392 |
| health insuring corporation duly licensed by the state, covering | 25393 |
| its employees, and, in the case of group term life, | 25394 |
| hospitalization, surgical, major medical, dental care, eye care, | 25395 |
| hearing aids, or prescription drug insurance or coverage, also | 25396 |
| covering the dependents and spouses of its employees, and, in the | 25397 |
| case of disability benefits, also covering the spouses of its | 25398 |
| employees. | 25399 |
| (N) Pay reasonable dues and expenses for the free public | 25400 |
| library and library trustees in library associations. | 25401 |
| Any instrument by which real property is acquired pursuant to | 25402 |
| this section shall identify the agency of the state that has the | 25403 |
| use and benefit of the real property as specified in section | 25404 |
| 5301.012 of the Revised Code. | 25405 |
| Sec. 3375.85. An interstate library district lying partly | 25406 |
| within this state may claim and be entitled to receive state aid, | 25407 |
|
other than aid from the | 25408 |
| libraries fund, in support of any of its functions to the same | 25409 |
| extent and in the same manner as such functions are eligible for | 25410 |
| 25411 | |
| state. For the purposes of computing and apportioning such state | 25412 |
| aid to an interstate library district, this state will consider | 25413 |
| that portion of the area which lies within this state as an | 25414 |
| independent entity for the performance of the aided function or | 25415 |
| functions and compute and apportion the aid accordingly. Any | 25416 |
| library association that was organized and operated prior to | 25417 |
| January 1, 1968, and which pursuant to the authority granted in | 25418 |
| section 3375.83 of the Revised Code, has become part of an | 25419 |
| interstate library district shall be considered a library | 25420 |
| association under section 5705.28 of the Revised Code and entitled | 25421 |
| to participate in the county | 25422 |
| libraries fund and other public funds. Subject to any applicable | 25423 |
| laws of this state, such a district also may apply for and be | 25424 |
| entitled to receive any federal aid for which it may be eligible. | 25425 |
| Sec. 3381.04. (A) In lieu of the procedure set forth in | 25426 |
| section 3381.03 of the Revised Code, any county with a population | 25427 |
| of five hundred thousand or more, at any time before the creation | 25428 |
| of a regional arts and cultural district under that section, may | 25429 |
| create a regional arts and cultural district by adoption of a | 25430 |
| resolution by the board of county commissioners of that county. | 25431 |
| The resolution shall state all of the following: | 25432 |
| (1) The purposes for the creation of the district; | 25433 |
| (2) That the territory of the district shall be coextensive | 25434 |
| with the territory of the county; | 25435 |
| (3) The official name by which the district shall be known; | 25436 |
| (4) The location of the principal office of the district or | 25437 |
| the manner in which the location shall be selected. | 25438 |
| (B) The district provided for in the resolution shall be | 25439 |
| created upon the adoption of the resolution by the board of county | 25440 |
| commissioners of that county. Upon the adoption of the resolution, | 25441 |
| the county and the municipal corporations and townships contained | 25442 |
| in the county shall not thereafter be a part of any other regional | 25443 |
| arts and cultural district. | 25444 |
| (C) The board of trustees of any regional arts and cultural | 25445 |
| district formed in accordance with this section shall be comprised | 25446 |
| of | 25447 |
| commissioners. | 25448 |
| Sec. 3501.17. (A) The expenses of the board of elections | 25449 |
| shall be paid from the county treasury, in pursuance of | 25450 |
| appropriations by the board of county commissioners, in the same | 25451 |
| manner as other county expenses are paid. If the board of county | 25452 |
| commissioners fails to appropriate an amount sufficient to provide | 25453 |
| for the necessary and proper expenses of the board of elections | 25454 |
| pertaining to the conduct of elections, the board of elections | 25455 |
| may apply to the court of common pleas within the county, which | 25456 |
| shall fix the amount necessary to be appropriated and the amount | 25457 |
| shall be appropriated. Payments shall be made upon vouchers of the | 25458 |
| board of elections certified to by its chairperson or acting | 25459 |
| chairperson and the director or deputy director, upon warrants of | 25460 |
| the county auditor. | 25461 |
| The board of elections shall not incur any obligation | 25462 |
| involving the expenditure of money unless there are moneys | 25463 |
| sufficient in the funds appropriated therefor to meet the | 25464 |
| obligation. If the board of elections requests a transfer of funds | 25465 |
| from one of its appropriation items to another, the board of | 25466 |
| county commissioners shall adopt a resolution providing for the | 25467 |
| transfer except as otherwise provided in section 5705.40 of the | 25468 |
| Revised Code. The expenses of the board of elections shall be | 25469 |
| apportioned among the county and the various subdivisions as | 25470 |
| provided in this section, and the amount chargeable to each | 25471 |
| subdivision shall be withheld by the auditor from the moneys | 25472 |
| payable thereto at the time of the next tax settlement. At the | 25473 |
| time of submitting budget estimates in each year, the board of | 25474 |
| elections shall submit to the taxing authority of each | 25475 |
| subdivision, upon the request of the subdivision, an estimate of | 25476 |
| the amount to be withheld from the subdivision during the next | 25477 |
| fiscal year. | 25478 |
| (B) Except as otherwise provided in division (F) of this | 25479 |
| section, the | 25480 |
| elections and of the director, deputy director, and | 25481 |
| employees in the board's offices, other than compensation for | 25482 |
| overtime worked; the expenditures for the rental, furnishing, and | 25483 |
| equipping of the office of the board and for the necessary office | 25484 |
| supplies for the use of the board; the expenditures for the | 25485 |
| acquisition, repair, care, and custody of the polling places, | 25486 |
| booths, guardrails, and other equipment for polling places; the | 25487 |
| cost of | 25488 |
| all other permanent records and equipment; the cost of all | 25489 |
| elections held in and for the state and county; and all other | 25490 |
| expenses of the board which are not chargeable to a political | 25491 |
| subdivision in accordance with this section shall be paid in the | 25492 |
| same manner as other county expenses are paid. | 25493 |
| (C) The compensation of judges | 25494 |
| elections, and intermittent employees in the board's offices; the | 25495 |
| cost of renting, moving, heating, and lighting polling places and | 25496 |
| of placing and removing ballot boxes and other fixtures and | 25497 |
| equipment thereof, including voting machines, marking devices, and | 25498 |
| automatic tabulating equipment; the cost of printing and | 25499 |
| delivering ballots, cards of instructions, registration lists | 25500 |
| required under section 3503.23 of the Revised Code, and other | 25501 |
| election supplies, including the supplies required to comply with | 25502 |
| division (H) of section 3506.01 of the Revised Code; the cost of | 25503 |
| contractors engaged by the board to prepare, program, test, and | 25504 |
| operate voting machines, marking devices, and automatic tabulating | 25505 |
| equipment; and all other expenses of conducting primaries and | 25506 |
| elections in the odd-numbered years shall be charged to the | 25507 |
| subdivisions in and for which such primaries or elections are | 25508 |
| held. The charge for each primary or general election in | 25509 |
| odd-numbered years for each subdivision shall be determined in the | 25510 |
| following manner: first, the total cost of all chargeable items | 25511 |
| used in conducting such elections shall be ascertained; second, | 25512 |
| the total charge shall be divided by the number of precincts | 25513 |
| participating in such election, in order to fix the cost per | 25514 |
| precinct; third, the cost per precinct shall be prorated by the | 25515 |
| board of elections to the subdivisions conducting elections for | 25516 |
| the nomination or election of offices in such precinct; fourth, | 25517 |
| the total cost for each subdivision shall be determined by adding | 25518 |
| the charges prorated to it in each precinct within the | 25519 |
| subdivision. | 25520 |
| (D) The entire cost of special elections held on a day other | 25521 |
| than the day of a primary or general election, both in | 25522 |
| odd-numbered or in even-numbered years, shall be charged to the | 25523 |
| subdivision. Where a special election is held on the same day as a | 25524 |
| primary or general election in an even-numbered year, the | 25525 |
| subdivision submitting the special election shall be charged only | 25526 |
| for the cost of ballots and advertising. Where a special election | 25527 |
| is held on the same day as a primary or general election in an | 25528 |
| odd-numbered year, the subdivision submitting the special election | 25529 |
| shall be charged for the cost of ballots and advertising for such | 25530 |
| special election, in addition to the charges prorated to such | 25531 |
| subdivision for the election or nomination of candidates in each | 25532 |
| precinct within the subdivision, as set forth in the preceding | 25533 |
| paragraph. | 25534 |
| (E) Where a special election is held on the day specified by | 25535 |
| division (E) of section 3501.01 of the Revised Code for the | 25536 |
| holding of a primary election, for the purpose of submitting to | 25537 |
| the voters of the state constitutional amendments proposed by the | 25538 |
| general assembly, and a subdivision conducts a special election on | 25539 |
| the same day, the entire cost of the special election shall be | 25540 |
| divided proportionally between the state and the subdivision based | 25541 |
| upon a ratio determined by the number of issues placed on the | 25542 |
| ballot by each, except as otherwise provided in division (G) of | 25543 |
| this section. Such proportional division of cost shall be made | 25544 |
| only to the extent funds are available for such purpose from | 25545 |
| amounts appropriated by the general assembly to the secretary of | 25546 |
| state. If a primary election is also being conducted in the | 25547 |
| subdivision, the costs shall be apportioned as otherwise provided | 25548 |
| in this section. | 25549 |
| (F) When a precinct is open during a general, primary, or | 25550 |
| special election solely for the purpose of submitting to the | 25551 |
| voters a statewide ballot issue, the state shall bear the entire | 25552 |
| cost of the election in that precinct and shall reimburse the | 25553 |
| county for all expenses incurred in opening the precinct. | 25554 |
| (G) The state shall bear the entire cost of advertising in | 25555 |
| newspapers statewide ballot issues, explanations of those issues, | 25556 |
| and arguments for or against those issues, as required by Section | 25557 |
| 1g of Article II and Section 1 of Article XVI, Ohio Constitution, | 25558 |
| and any other section of law and shall reimburse the counties for | 25559 |
| all expenses they incur for such advertising. | 25560 |
| (H) The cost of renting, heating, and lighting registration | 25561 |
| places; the cost of the necessary books, forms, and supplies for | 25562 |
| the conduct of registration; and the cost of printing and posting | 25563 |
| precinct registration lists shall be charged to the subdivision in | 25564 |
| which such registration is held. | 25565 |
| (I) As used in this section | 25566 |
| (1) "Political subdivision" and "subdivision" mean any board | 25567 |
| of county commissioners, board of township trustees, legislative | 25568 |
| authority of a municipal corporation, board of education, or any | 25569 |
| other board, commission, district, or authority that is empowered | 25570 |
| to levy taxes or permitted to receive the proceeds of a tax levy, | 25571 |
| regardless of whether the entity receives tax settlement moneys as | 25572 |
| described in division (A) of this section; | 25573 |
| (2) "Statewide ballot issue" means any ballot issue, whether | 25574 |
| proposed by the general assembly or by initiative or referendum, | 25575 |
| that is submitted to the voters throughout the state. | 25576 |
| Sec. 3701.135. (A) The autism diagnosis education pilot | 25577 |
| program is hereby established in the department of health. The | 25578 |
| program shall have the following goals: | 25579 |
| (1) To educate health care professionals, teachers and other | 25580 |
| educational personnel, child care providers, parents, early | 25581 |
| intervention and developmental disabilities providers, and other | 25582 |
| community-based services providers in this state regarding the | 25583 |
| diagnosis of autism spectrum disorders, including the range of | 25584 |
| symptoms that may indicate autism spectrum disorders and screening | 25585 |
| tools; | 25586 |
| (2) To promote appropriate standards for the diagnosis of | 25587 |
| autism spectrum disorders in children, including screening tools | 25588 |
| and treatment planning for children diagnosed with autism spectrum | 25589 |
| disorders; | 25590 |
| (3) To encourage physicians and other health care | 25591 |
| professionals with expertise in screening, diagnosing, and | 25592 |
| treating autism spectrum disorders to share that information with | 25593 |
| other health care professionals in this state; | 25594 |
| (4) To encourage the regional coordination of services to | 25595 |
| facilitate the effective, timely treatment of children diagnosed | 25596 |
| with autism spectrum disorders. | 25597 |
| (B) The director of health shall contract with a public or | 25598 |
| private entity to conduct or administer the autism diagnosis | 25599 |
| education pilot program. | 25600 |
| Sec. 3701.74. (A) As used in this section and section | 25601 |
| 3701.741 of the Revised Code: | 25602 |
| (1) "Ambulatory care facility" means a facility that provides | 25603 |
| medical, diagnostic, or surgical treatment to patients who do not | 25604 |
| require hospitalization, including a dialysis center, ambulatory | 25605 |
| surgical facility, cardiac catheterization facility, diagnostic | 25606 |
| imaging center, extracorporeal shock wave lithotripsy center, home | 25607 |
| health agency, inpatient hospice, birthing center, radiation | 25608 |
| therapy center, emergency facility, and an urgent care center. | 25609 |
| "Ambulatory care facility" does not include the private office of | 25610 |
| a physician or dentist, whether the office is for an individual or | 25611 |
| group practice. | 25612 |
| (2) "Chiropractor" means an individual licensed under Chapter | 25613 |
| 4734. of the Revised Code to practice chiropractic. | 25614 |
| (3) "Emergency facility" means a hospital emergency | 25615 |
| department or any other facility that provides emergency medical | 25616 |
| services. | 25617 |
| (4) "Health care practitioner" means all of the following: | 25618 |
| (a) A dentist or dental hygienist licensed under Chapter | 25619 |
| 4715. of the Revised Code; | 25620 |
| (b) A registered or licensed practical nurse licensed under | 25621 |
| Chapter 4723. of the Revised Code; | 25622 |
| (c) An optometrist licensed under Chapter 4725. of the | 25623 |
| Revised Code; | 25624 |
| (d) A dispensing optician, spectacle dispensing optician, | 25625 |
| contact lens dispensing optician, or spectacle-contact lens | 25626 |
| dispensing optician licensed under Chapter 4725. of the Revised | 25627 |
| Code; | 25628 |
| (e) A pharmacist licensed under Chapter 4729. of the Revised | 25629 |
| Code; | 25630 |
| (f) A physician; | 25631 |
| (g) A physician assistant authorized under Chapter 4730. of | 25632 |
| the Revised Code to practice as a physician assistant; | 25633 |
| (h) A practitioner of a limited branch of medicine issued a | 25634 |
| certificate under Chapter 4731. of the Revised Code; | 25635 |
| (i) A psychologist licensed under Chapter 4732. of the | 25636 |
| Revised Code; | 25637 |
| (j) A chiropractor; | 25638 |
| (k) A hearing aid dealer or fitter licensed under Chapter | 25639 |
| 4747. of the Revised Code; | 25640 |
| (l) A speech-language pathologist or audiologist licensed | 25641 |
| under Chapter 4753. of the Revised Code; | 25642 |
| (m) An occupational therapist or occupational therapy | 25643 |
| assistant licensed under Chapter 4755. of the Revised Code; | 25644 |
| (n) A physical therapist or physical therapy assistant | 25645 |
| licensed under Chapter 4755. of the Revised Code; | 25646 |
| (o) A professional clinical counselor, professional | 25647 |
| counselor, social worker, or independent social worker licensed, | 25648 |
| or a social work assistant registered, under Chapter 4757. of the | 25649 |
| Revised Code; | 25650 |
| (p) A dietitian licensed under Chapter 4759. of the Revised | 25651 |
| Code; | 25652 |
| (q) A respiratory care professional licensed under Chapter | 25653 |
| 4761. of the Revised Code; | 25654 |
| (r) An emergency medical technician-basic, emergency medical | 25655 |
| technician-intermediate, or emergency medical technician-paramedic | 25656 |
| certified under Chapter 4765. of the Revised Code. | 25657 |
| (5) "Health care provider" means a hospital, ambulatory care | 25658 |
| facility, long-term care facility, pharmacy, emergency facility, | 25659 |
| or health care practitioner. | 25660 |
| (6) "Hospital" has the same meaning as in section 3727.01 of | 25661 |
| the Revised Code. | 25662 |
| (7) "Long-term care facility" means a nursing home, | 25663 |
| residential care facility, or home for the aging, as those terms | 25664 |
| are defined in section 3721.01 of the Revised Code; an adult care | 25665 |
| facility, as defined in section 3722.01 of the Revised Code; a | 25666 |
| nursing facility or intermediate care facility for the mentally | 25667 |
| retarded, as those terms are defined in section 5111.20 of the | 25668 |
| Revised Code; a facility or portion of a facility certified as a | 25669 |
| skilled nursing facility under Title XVIII of the "Social Security | 25670 |
| Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended. | 25671 |
| (8) "Medical record" means data in any form that pertains to | 25672 |
| a patient's medical history, diagnosis, prognosis, or medical | 25673 |
| condition and that is generated and maintained by a health care | 25674 |
| provider in the process of the patient's health care treatment. | 25675 |
| (9) "Medical records company" means a person who stores, | 25676 |
| locates, or copies medical records for a health care provider, or | 25677 |
| is compensated for doing so by a health care provider, and charges | 25678 |
| a fee for providing medical records to a patient or patient's | 25679 |
| representative. | 25680 |
| (10) "Patient" means either of the following: | 25681 |
| (a) An individual who received health care treatment from a | 25682 |
| health care provider; | 25683 |
| (b) A guardian, as defined in section 1337.11 of the Revised | 25684 |
| Code, of an individual described in division (A)(10)(a) of this | 25685 |
| section. | 25686 |
| (11) "Patient's personal representative" means a minor | 25687 |
| patient's parent or other person acting in loco parentis, a | 25688 |
| court-appointed guardian, or a person with durable power of | 25689 |
| attorney for health care for a patient, the executor or | 25690 |
| administrator of the patient's estate, or the person responsible | 25691 |
| for the patient's estate if it is not to be probated. "Patient's | 25692 |
| personal representative" does not include an insurer authorized | 25693 |
| under Title XXXIX of the Revised Code to do the business of | 25694 |
| sickness and accident insurance in this state, a health insuring | 25695 |
| corporation holding a certificate of authority under Chapter 1751. | 25696 |
| of the Revised Code, or any other person not named in this | 25697 |
| division. | 25698 |
| (12) "Pharmacy" has the same meaning as in section 4729.01 of | 25699 |
| the Revised Code. | 25700 |
| (13) "Physician" means a person authorized under Chapter | 25701 |
| 4731. of the Revised Code to practice medicine and surgery, | 25702 |
| osteopathic medicine and surgery, or podiatric medicine and | 25703 |
| surgery. | 25704 |
| (14) "Authorized person" means a person to whom a patient has | 25705 |
| given written authorization to act on the patient's behalf | 25706 |
| regarding the patient's medical record. | 25707 |
| (B) A patient, a patient's personal representative or an | 25708 |
| authorized person who wishes to examine or obtain a copy of part | 25709 |
| or all of a medical record shall submit to the health care | 25710 |
| provider a written request signed by the patient, personal | 25711 |
| representative, or authorized person dated not more
than | 25712 |
| 25713 | |
| request shall indicate whether the copy is to be sent to the | 25714 |
| requestor,
physician or chiropractor, | 25715 |
| at the office of the health care provider. Within a reasonable | 25716 |
| time after receiving a request that meets the requirements of this | 25717 |
| division and includes sufficient information to identify the | 25718 |
| record requested, a health care provider that has the patient's | 25719 |
| medical records shall permit the patient to examine the record | 25720 |
| during regular business hours without charge or, on request, shall | 25721 |
| provide a copy of the record in accordance with section 3701.741 | 25722 |
| of the Revised Code, except that if a physician or chiropractor | 25723 |
| who has treated the patient determines for clearly stated | 25724 |
| treatment reasons that disclosure of the requested record is | 25725 |
| likely to have an adverse effect on the patient, the health care | 25726 |
| provider shall provide the record to a physician or chiropractor | 25727 |
| designated by the patient. The health care provider shall take | 25728 |
| reasonable steps to establish the identity of the person making | 25729 |
| the request to examine or obtain a copy of the patient's record. | 25730 |
| (C) If a health care provider fails to furnish a medical | 25731 |
| record as required by division (B) of this section, the patient, | 25732 |
| personal representative, or authorized person who requested the | 25733 |
| record may bring a civil action to enforce the patient's right of | 25734 |
| access to the record. | 25735 |
| (D)(1) This section does not apply to medical records whose | 25736 |
| release is covered by section 173.20 or 3721.13 of the Revised | 25737 |
| Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R. | 25738 |
| part 2, "Confidentiality of Alcohol and Drug Abuse Patient | 25739 |
| Records," or by 42 C.F.R. 483.10. | 25740 |
| (2) Nothing in this section is intended to supersede the | 25741 |
| confidentiality provisions of sections 2305.24, 2305.25, 2305.251, | 25742 |
| and 2305.252 of the Revised Code. | 25743 |
| Sec. 3701.741. (A) Through December 31, 2008, each health | 25744 |
| care provider and medical records company shall provide copies of | 25745 |
| medical records in accordance with this section. | 25746 |
| (B) Except as provided in divisions (C) and (E) of this | 25747 |
| section, a health care provider or medical records company that | 25748 |
| receives a request for a copy of a patient's medical record shall | 25749 |
| charge not more than the amounts set forth in this section. | 25750 |
| (1) If the request is made by the patient or the patient's | 25751 |
| personal representative, total costs for copies and all services | 25752 |
| related to those copies shall not exceed the sum of the following: | 25753 |
| (a) With respect to data recorded on paper, the following | 25754 |
| amounts: | 25755 |
| (i) Two dollars and fifty cents per page for the first ten | 25756 |
| pages; | 25757 |
| (ii) Fifty-one cents per page for pages eleven through fifty; | 25758 |
| (iii) Twenty cents per page for pages fifty-one and higher; | 25759 |
| (b) With respect to data recorded other than on paper, one | 25760 |
| dollar and seventy cents per page; | 25761 |
| (c) The actual cost of any related postage incurred by the | 25762 |
| health care provider or medical records company. | 25763 |
| (2) If the request is made other than by the patient or the | 25764 |
| patient's personal representative, total costs for copies and all | 25765 |
| services related to those copies shall not exceed the sum of the | 25766 |
| following: | 25767 |
| (a) An initial fee of fifteen dollars and thirty-five cents, | 25768 |
| which shall compensate for the records search; | 25769 |
| (b) With respect to data recorded on paper, the following | 25770 |
| amounts: | 25771 |
| (i) One dollar and two cents per page for the first ten | 25772 |
| pages; | 25773 |
| (ii) Fifty-one cents per page for pages eleven through fifty; | 25774 |
| (iii) Twenty cents per page for pages fifty-one and higher. | 25775 |
| (c) With respect to data recorded other than on paper, one | 25776 |
| dollar and seventy cents per page; | 25777 |
| (d) The actual cost of any related postage incurred by the | 25778 |
| health care provider or medical records company. | 25779 |
| (C)(1) A health care provider or medical records company | 25780 |
| shall provide one copy without charge to the following: | 25781 |
| (a) The bureau of workers' compensation, in accordance with | 25782 |
| Chapters 4121. and 4123. of the Revised Code and the rules adopted | 25783 |
| under those chapters; | 25784 |
| (b) The industrial commission, in accordance with Chapters | 25785 |
| 4121. and 4123. of the Revised Code and the rules adopted under | 25786 |
| those chapters; | 25787 |
| (c) The department of job and family services or a county | 25788 |
| department of job and family services, in accordance
with
| 25789 |
| Chapters 5101. and 5111. of the Revised Code and the rules adopted | 25790 |
| under those chapters; | 25791 |
| (d) The attorney general, in accordance with sections 2743.51 | 25792 |
| to 2743.72 of the Revised Code and any rules that may be adopted | 25793 |
| under those sections; | 25794 |
| (e) A patient or patient's personal representative if the | 25795 |
| medical record is necessary to support a claim under Title II or | 25796 |
| Title XVI of the "Social Security Act," 49 Stat. 620 (1935), 42 | 25797 |
| U.S.C.A. 401 and 1381, as amended, and the request is accompanied | 25798 |
| by documentation that a claim has been filed. | 25799 |
| (2) Nothing in division (C)(1) of this section requires a | 25800 |
| health care provider or medical records company to provide a copy | 25801 |
| without charge to any person or entity not listed in division | 25802 |
| (C)(1) of this section. | 25803 |
| (D) Division (C) of this section shall not be construed to | 25804 |
| supersede any rule of the bureau of workers' compensation, the | 25805 |
| industrial commission, or the department of job and family | 25806 |
| services. | 25807 |
| (E) A health care provider or medical records company may | 25808 |
| enter into a contract with either of the following for the copying | 25809 |
| of medical records at a fee other than as provided in division (B) | 25810 |
| of this section: | 25811 |
| (1) A patient, a patient's personal representative, or an | 25812 |
| authorized person; | 25813 |
| (2) An insurer authorized under Title XXXIX of the Revised | 25814 |
| Code to do the business of sickness and accident insurance in this | 25815 |
| state or health insuring corporations holding a certificate of | 25816 |
| authority under Chapter 1751. of the Revised Code. | 25817 |
| (F) This section does not apply to medical records the | 25818 |
| copying of which is covered by section 173.20 of the Revised Code | 25819 |
| or by 42 C.F.R. 483.10. | 25820 |
| Sec. 3701.83. (A) There is hereby created in the state | 25821 |
| treasury the general operations fund. Moneys in the fund shall be | 25822 |
| used for the purposes specified in sections 3701.04, 3701.344, | 25823 |
| 3702.20, 3710.15,
3711.021, 3717.45, | 25824 |
| 3729.07, 3733.04, 3733.25, 3733.43, 3748.04, 3748.05, 3748.07, | 25825 |
| 3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09 | 25826 |
| of the Revised Code. | 25827 |
| (B) The alcohol testing program fund is hereby created in the | 25828 |
| state treasury. The director of health shall use the fund to | 25829 |
| administer and enforce the alcohol testing and permit program | 25830 |
| authorized by section 3701.143 of the Revised Code. | 25831 |
| The fund shall receive transfers from the liquor control fund | 25832 |
| created under section 4301.12 of the Revised Code. All investment | 25833 |
| earnings of the alcohol testing program fund shall be credited to | 25834 |
| the fund. | 25835 |
| Sec. 3702.52. The director of health shall administer a | 25836 |
| state certificate of need program in accordance with sections | 25837 |
| 3702.51 to 3702.62 of the Revised Code and rules adopted under | 25838 |
| those sections. | 25839 |
| (A) The director shall issue rulings on whether a particular | 25840 |
| proposed project is a reviewable activity. The director shall | 25841 |
| issue a ruling not later than forty-five days after receiving a | 25842 |
| request for a ruling accompanied by the information needed to make | 25843 |
| the ruling. If the director does not issue a ruling in that time, | 25844 |
| the project shall be considered to have been ruled not a | 25845 |
| reviewable activity. | 25846 |
| (B) The director shall review applications for certificates | 25847 |
| of need. Each application shall be submitted to the director on | 25848 |
| forms prescribed by the director, shall include all information | 25849 |
| required by rules adopted under division (B) of section 3702.57 of | 25850 |
| the Revised Code, and shall be accompanied by the application fee | 25851 |
| established in rules adopted under division (G) of that section. | 25852 |
| 25853 |
| Application fees received by the director under this division | 25854 |
| shall be deposited into the state treasury to the credit of the | 25855 |
| certificate of need fund, which is hereby created. The director | 25856 |
| shall use the fund only to pay the costs of administering sections | 25857 |
| 3702.11 to 3702.20, 3702.30, and 3702.51 to 3702.62 of the Revised | 25858 |
| Code and rules adopted under those sections. | 25859 |
| The director shall mail to the applicant a written notice | 25860 |
| that the application meets the criteria for a complete application | 25861 |
| specified in rules adopted under section 3702.57 of the Revised | 25862 |
| Code, or a written request for additional information, not later | 25863 |
| than | 25864 |
| response to an earlier request for information. The director | 25865 |
| shall not make more than two requests for additional information. | 25866 |
| The director may conduct a public informational hearing in | 25867 |
| the course of reviewing any application for a certificate of need, | 25868 |
| and shall conduct one if requested to do so by any affected person | 25869 |
| not later than fifteen days after the director mails the notice | 25870 |
| that the application is complete. The hearing shall be conducted | 25871 |
| in the community in which the activities authorized by the | 25872 |
| certificate of need would be carried out. Any affected person may | 25873 |
| testify at the hearing. The director may, with the health service | 25874 |
| agency's consent, designate a health service agency to conduct the | 25875 |
| hearing. | 25876 |
| Except during a public hearing or as necessary to comply with | 25877 |
| a subpoena issued under division (F) of this section, after a | 25878 |
| notice of completeness has been received, no person shall | 25879 |
| knowingly discuss in person or by telephone the merits of the | 25880 |
| application with the director. If one or more persons request a | 25881 |
| meeting in person or by telephone, the director shall make a | 25882 |
| reasonable effort to invite interested parties to the meeting or | 25883 |
| conference call. | 25884 |
| (C) | 25885 |
| 25886 | |
| 25887 | |
| 25888 | |
| 25889 | |
| 25890 | |
| 25891 | |
| 25892 | |
| 25893 |
| | 25894 |
| or denying a certificate of need: | 25895 |
| (1) If the project proposed in a certificate of need | 25896 |
| application meets all of the applicable certificate of need | 25897 |
| criteria for approval under sections 3702.51 to 3702.62 of the | 25898 |
| Revised Code and the rules adopted under those sections, the | 25899 |
| director shall grant a certificate of need for the entire project | 25900 |
| that is the subject of the application immediately after both of | 25901 |
| the following conditions are met: | 25902 |
| (a) The board of trustees of the health service agency of the | 25903 |
| health service area in which the reviewable activity is proposed | 25904 |
| to be conducted recommends, prior to the deadline specified in | 25905 |
| division (C)(4) of this section or any extension of it under | 25906 |
| division (C)(5) of this section, that the certificate of need be | 25907 |
| granted; | 25908 |
| (b) The director | 25909 |
| objections to the application from any affected person by the | 25910 |
| 25911 | |
| director mails the notice of completeness. | 25912 |
| (2) In the case of certificate of need applications under | 25913 |
| comparative review, if the projects proposed in the applications | 25914 |
| meet all of the applicable certificate of need criteria for | 25915 |
| approval under sections 3702.51 to 3702.62 of the Revised Code and | 25916 |
| the rules adopted under those sections, the director shall grant | 25917 |
| certificates of need for the entire projects that are the subject | 25918 |
| of the applications immediately after both of the following | 25919 |
| conditions are met: | 25920 |
| (a) The board of trustees of the health service agency of | 25921 |
| each health service area in which the reviewable activities are | 25922 |
| proposed to be conducted recommends, prior to the deadline | 25923 |
| specified in division (C)(4) of this section or any extension of | 25924 |
| it under division (C)(5) of this section, that certificates of | 25925 |
| need be granted for each of the reviewable activities to be | 25926 |
| conducted in its health service area; | 25927 |
| (b) The director | 25928 |
| objections to any of the applications from any affected person by | 25929 |
| the | 25930 |
| director mails the last notice of completeness. | 25931 |
| The director's grant of a certificate of need under division | 25932 |
| (C)(1) or (2) of this section does not affect, and sets no | 25933 |
| precedent for, the director's decision to grant or deny other | 25934 |
| applications for similar reviewable activities proposed to be | 25935 |
| conducted in the same or different health service areas. | 25936 |
| (3) If the director receives written objections to an | 25937 |
| application from any affected person
by the | 25938 |
| 25939 | |
| completeness, regardless of the health service agency's | 25940 |
| recommendation, the director shall notify the applicant and assign | 25941 |
| a hearing examiner to conduct an adjudication hearing concerning | 25942 |
| the application in accordance with Chapter 119. of the Revised | 25943 |
| Code. In the case of applications under comparative review, if the | 25944 |
| director receives written objections to any of the applications | 25945 |
| from any affected person by the | 25946 |
| 25947 | |
| completeness, regardless of the health service agencies' | 25948 |
| recommendation, the director shall notify all of the applicants | 25949 |
| and appoint a hearing examiner to conduct a consolidated | 25950 |
| adjudication hearing concerning the applications in accordance | 25951 |
| with Chapter 119. of the Revised Code. The hearing examiner shall | 25952 |
| be employed by or under contract with the department of health. | 25953 |
| The adjudication hearings may be conducted in the health | 25954 |
| service area in which the reviewable activity is proposed to be | 25955 |
| conducted. Consolidated adjudication hearings for applications in | 25956 |
| comparative review may be conducted in the geographic region in | 25957 |
| which all of the reviewable activities will be conducted. The | 25958 |
| applicant, the director, and the affected persons that filed | 25959 |
| objections to the application shall be parties to the hearing. If | 25960 |
| none of the affected persons that submitted written objections to | 25961 |
| the application appears or prosecutes the hearing, the hearing | 25962 |
| examiner shall dismiss the hearing and the director shall grant a | 25963 |
| certificate of need for the entire project that is the subject of | 25964 |
| the application if the proposed project meets all of the | 25965 |
| applicable certificate of need criteria for approval under | 25966 |
| sections 3702.51 to 3702.62 of the Revised Code and the rules | 25967 |
| adopted under those sections. The affected persons bear the burden | 25968 |
| of proving by a preponderance of evidence that the project is not | 25969 |
| needed or that granting the certificate would not be in accordance | 25970 |
| with sections 3702.51 to 3702.62 of the Revised Code or the rules | 25971 |
| adopted under | 25972 |
| (4) Except as provided in divisions (C)(1) and (2) of this | 25973 |
| section, the director shall grant or deny certificate of need | 25974 |
| applications for which an adjudication hearing is not conducted | 25975 |
|
under division (C)(3) of this
section not later than | 25976 |
| days after mailing the notice of completeness or, in the case of | 25977 |
| an application proposing addition of long-term care beds, not | 25978 |
| later than | 25979 |
| in rules adopted under section 3702.57 of the Revised Code. The | 25980 |
| director shall grant or deny certificate of need applications for | 25981 |
| which an adjudication hearing is conducted under division (C)(3) | 25982 |
| of this section not later than thirty days after the expiration of | 25983 |
| the time for filing objections to the report and recommendation of | 25984 |
| the hearing examiner under section 119.09 of the Revised Code. The | 25985 |
| director shall base decisions concerning applications for which an | 25986 |
| adjudication hearing is conducted under division (C)(3) of this | 25987 |
| section on the report and recommendations of the hearing examiner. | 25988 |
| (5) Except as otherwise provided in division (C)(1), (2), or | 25989 |
| (6) of this section, the director or the applicant may extend the | 25990 |
| deadline prescribed in division (C)(4) of this section once, for | 25991 |
| no longer than thirty days, by written notice before the end of | 25992 |
| the original thirty-day period. An extension by the director under | 25993 |
| division (C)(5) of this section shall apply to all applications | 25994 |
| that are in comparative review. | 25995 |
| (6) No applicant in a comparative review may extend the | 25996 |
| deadline specified in division (C)(4) of this section. | 25997 |
| (7) Except as provided in divisions (C)(1) and (2) of this | 25998 |
| section, the director may grant a certificate of need for all or | 25999 |
| part of the project that is the subject of an application. If the | 26000 |
| director does not grant or deny the certificate by the applicable | 26001 |
| deadline specified in division (C)(4) of this section or any | 26002 |
| extension of it under division (C)(5) of this section, the | 26003 |
| certificate shall be
considered to have been granted. | 26004 |
| 26005 | |
| 26006 | |
| 26007 | |
| 26008 | |
| 26009 | |
| 26010 | |
| 26011 | |
| 26012 |
| | 26013 |
| specify as the maximum capital expenditure the certificate holder | 26014 |
| may obligate under the certificate a figure equal to one hundred | 26015 |
| ten per cent of the approved project cost. | 26016 |
| | 26017 |
| grant the certificate with conditions that must be met by the | 26018 |
| holder of the certificate. | 26019 |
| (D) The director shall monitor the activities of persons | 26020 |
| granted certificates of need concerning long-term care beds during | 26021 |
| the period beginning with the granting of the certificate of need | 26022 |
| and ending five years after implementation of the activity for | 26023 |
| which the certificate was granted. | 26024 |
| In the case of any other certificate of need, the director | 26025 |
| shall monitor the activities of persons granted certificates of | 26026 |
| need during the period beginning with the granting of the | 26027 |
| certificate of need and ending when the activity for which the | 26028 |
| certificate was granted ceases to be a reviewable activity in | 26029 |
| accordance with section 3702.511 of the Revised Code. | 26030 |
| | 26031 |
| or monitoring activities of persons granted certificates of need, | 26032 |
| the director may issue and enforce, in the manner provided in | 26033 |
| section 119.09 of the Revised Code, subpoenas duces tecum to | 26034 |
| compel the production of documents relevant to review of the | 26035 |
| application or monitoring of the activities. In addition, the | 26036 |
| director or the director's designee, which may include a health | 26037 |
| service agency, may visit the sites where the activities are or | 26038 |
| will be conducted. | 26039 |
| | 26040 |
| | 26041 |
| system data collection and analysis activities and prepare | 26042 |
| reports. The director shall make recommendations based upon these | 26043 |
| activities to the public health council concerning the adoption of | 26044 |
| appropriate rules under section 3702.57 of the Revised Code. All | 26045 |
| health care facilities and other health care providers shall | 26046 |
| submit to the director, upon request, any information that is | 26047 |
| necessary to conduct reviews of certificate of need applications | 26048 |
| and to develop recommendations for criteria for reviews, and that | 26049 |
| is prescribed by rules adopted under division (H) of section | 26050 |
| 3702.57 of the Revised Code. | 26051 |
| | 26052 |
| shall consider the special needs and circumstances resulting from | 26053 |
| moral and ethical values and the free exercise of religious rights | 26054 |
| of health care facilities administered by religious organizations, | 26055 |
| and the special needs and circumstances of children's hospitals, | 26056 |
| inner city hospitals, and small rural hospitals. | 26057 |
| Sec. 3702.5211. Notwithstanding any conflicting provision of | 26058 |
| sections 3702.51 to | 26059 |
| veterans' home operated under Chapter 5907. of the Revised Code | 26060 |
| that is located in Sandusky, including the Secrest nursing home | 26061 |
| and Giffin care facility, is not required to obtain a certificate | 26062 |
| of need for the addition of up to fifty-two additional nursing | 26063 |
| home beds to be licensed under Chapter 3721. of the Revised Code | 26064 |
| if the additional beds are placed in service prior to June 30, | 26065 |
| 1999. | 26066 |
| Sec. 3702.5212. (A) This section applies to each long-term | 26067 |
| care facility that meets the following requirements: | 26068 |
| (1) The facility has been in continuous operation for not | 26069 |
| less than one hundred twenty years prior to the effective date of | 26070 |
| this section; | 26071 |
| (2) The facility is located in an inner city area; | 26072 |
| (3) The facility is operating as a nonprofit entity organized | 26073 |
| under Chapter 1702. of the Revised Code or the nonprofit law of | 26074 |
| another state. | 26075 |
| (B) Notwithstanding any conflicting provision of sections | 26076 |
| 3702.51 to
| 26077 |
| operator of a long-term care facility described in division (A) of | 26078 |
| this section is not required to obtain a certificate of need for | 26079 |
| the addition of up to thirty long-term care beds to be licensed | 26080 |
| under Chapter 3721. of the Revised Code. The exemption shall apply | 26081 |
| only as long as the beds are owned and operated by the facility to | 26082 |
| which the exemption is granted. | 26083 |
| Sec. 3702.5213. Notwithstanding any conflicting provision of | 26084 |
| sections 3702.51 to | 26085 |
| veterans' home operated under Chapter 5907. of the Revised Code | 26086 |
| that is located in Brown county is not required to obtain a | 26087 |
| certificate of need for the addition of up to one hundred | 26088 |
| sixty-eight additional nursing home beds to be licensed under | 26089 |
| Chapter 3721. of the Revised Code if the additional beds are | 26090 |
| placed in service prior to December 31, 2004. | 26091 |
| Sec. 3702.57. (A) The public health council shall adopt | 26092 |
| rules establishing procedures and criteria for reviews of | 26093 |
| applications for certificates of need and issuance, denial, or | 26094 |
| withdrawal of certificates. | 26095 |
| (1) The rules shall require that, in addition to any other | 26096 |
| applicable review requirements of sections 3702.51 to 3702.62 of | 26097 |
| the Revised Code and rules adopted thereunder, any application for | 26098 |
| a certificate of need from an osteopathic hospital be reviewed on | 26099 |
| the basis of the need for and the availability in the community of | 26100 |
| services and hospitals for osteopathic physicians and their | 26101 |
| patients, and in terms of its impact on existing and proposed | 26102 |
| institutional training programs for doctors of osteopathy and | 26103 |
| doctors of medicine at the student, internship, and residency | 26104 |
| training levels. | 26105 |
| (2) In adopting rules that establish criteria for reviews of | 26106 |
| applications of certificates of need, the council shall consider | 26107 |
| the availability of and need for long-term care beds to provide | 26108 |
| care and treatment to persons diagnosed as having traumatic brain | 26109 |
| injuries and shall prescribe criteria for reviewing applications | 26110 |
| that propose to add long-term care beds to provide care and | 26111 |
| treatment to persons diagnosed as having traumatic brain injuries. | 26112 |
| (3) The criteria for reviews of applications for certificates | 26113 |
| of need shall relate to the need for the reviewable activity and | 26114 |
| shall pertain to all of the following matters: | 26115 |
| (a) The impact of the reviewable activity on the cost and | 26116 |
| quality of health services in the relevant geographic area, | 26117 |
| including, but not limited, to the historical and projected | 26118 |
| utilization of the services to which the application pertains and | 26119 |
| the effect of the reviewable activity on utilization of other | 26120 |
| providers of similar services; | 26121 |
| (b) The quality of the services to be provided as the result | 26122 |
| of the activity, as evidenced by the historical performance of the | 26123 |
| persons that will be involved in providing the services and by the | 26124 |
| provisions that are proposed in the application to ensure quality, | 26125 |
| including but not limited to adequate available personnel, | 26126 |
| available ancillary and support services, available equipment, | 26127 |
| size and configuration of physical plant, and relations with other | 26128 |
| providers; | 26129 |
| (c) The impact of the reviewable activity on the availability | 26130 |
| and accessibility of the type of services proposed in the | 26131 |
| application to the population of the relevant geographic area, and | 26132 |
| the level of access to the services proposed in the application | 26133 |
| that will be provided to medically underserved individuals such as | 26134 |
| recipients of public assistance and individuals who have no health | 26135 |
| insurance or whose health insurance is insufficient; | 26136 |
| (d) The activity's short- and long-term financial feasibility | 26137 |
| and cost-effectiveness, the impact of the activity on the | 26138 |
| applicant's costs and charges, and a comparison of the applicant's | 26139 |
| costs and charges with those of providers of similar services in | 26140 |
| the applicant's proposed service area; | 26141 |
| (e) The advantages, disadvantages, and costs of alternatives | 26142 |
| to the reviewable activity; | 26143 |
| (f) The impact of the activity on all other providers of | 26144 |
| similar services in the health service area or other relevant | 26145 |
| geographic area, including the impact on their utilization, market | 26146 |
| share, and financial status; | 26147 |
| (g) The historical performance of the applicant and related | 26148 |
| or affiliated parties in complying with previously granted | 26149 |
| certificates of need and any applicable certification, | 26150 |
| accreditation, or licensure requirements; | 26151 |
| (h) The relationship of the activity to the current edition | 26152 |
| of the state health resources plan issued under section 3702.521 | 26153 |
| of the Revised Code; | 26154 |
| (i) The historical performance of the applicant and related | 26155 |
| or affiliated parties in providing cost-effective health care | 26156 |
| services; | 26157 |
| (j) The special needs and circumstances of the applicant or | 26158 |
| population proposed to be served by the proposed project, | 26159 |
| including research activities, prevalence of particular diseases, | 26160 |
| unusual demographic characteristics, cost-effective contractual | 26161 |
| affiliations, and other special circumstances; | 26162 |
| (k) The appropriateness of the zoning status of the proposed | 26163 |
| site of the activity; | 26164 |
| (l) The participation by the applicant in research conducted | 26165 |
| by the United States food and drug administration or clinical | 26166 |
| trials sponsored by the national institutes of health. | 26167 |
| (4) The criteria for reviews of applications may include | 26168 |
| formulas for determining need for beds and services. | 26169 |
| (a) The criteria prescribing formulas shall not, either by | 26170 |
| themselves or in conjunction with any established occupancy | 26171 |
| guidelines, require, as a condition of being granted a certificate | 26172 |
| of need, that a hospital reduce its complement of registered beds | 26173 |
| or discontinue any service that is not related to the service or | 26174 |
| project for which the certificate of need is sought. | 26175 |
| (b) With respect to applications to conduct reviewable | 26176 |
| activities that are affected directly by the inpatient occupancy | 26177 |
| of a health care facility, including addition, relocation, or | 26178 |
| recategorization of beds or renovation or other construction | 26179 |
| activities relating to inpatient services, the rules shall | 26180 |
| prescribe criteria for determining whether the scope of the | 26181 |
| proposed project is appropriate in light of the historical and | 26182 |
| reasonably projected occupancy rates for the beds related to the | 26183 |
| project. | 26184 |
| (c) Any rules prescribing criteria that establish ratios of | 26185 |
| beds, services, or equipment to population shall specify the bases | 26186 |
| for establishing the ratios or mitigating factors or exceptions to | 26187 |
| the ratios. | 26188 |
| (B) The council shall adopt rules specifying all of the | 26189 |
| following: | 26190 |
| (1) Information that must be provided in applications for | 26191 |
| certificates of need, which shall include a plan for obligating | 26192 |
| the capital expenditure or implementing the proposed project on a | 26193 |
| timely basis in accordance with section 3702.525 of the Revised | 26194 |
| Code; | 26195 |
| (2) Procedures for reviewing applications for completeness of | 26196 |
| information; | 26197 |
| (3) Criteria for determining that the application is | 26198 |
| complete. | 26199 |
| (C) The council shall adopt rules specifying requirements | 26200 |
| that holders of certificates of need must meet in order for the | 26201 |
| certificates to remain valid and establishing definitions and | 26202 |
| requirements for obligation of capital expenditures and | 26203 |
| implementation of projects authorized by certificates of need. | 26204 |
| (D) The council shall adopt rules establishing criteria and | 26205 |
| procedures under which the director of health may withdraw a | 26206 |
| certificate of need if the holder fails to meet requirements for | 26207 |
| continued validity of the certificate. | 26208 |
| (E) The council shall adopt rules establishing procedures | 26209 |
| under which the department of health shall monitor project | 26210 |
| implementation activities of holders of certificates of need. The | 26211 |
| rules adopted under this division also may establish procedures | 26212 |
| for monitoring implementation activities of persons that have | 26213 |
| received nonreviewability rulings. | 26214 |
| (F) The council shall adopt rules establishing procedures | 26215 |
| under which the director of health shall review certificates of | 26216 |
| need whose holders exceed or appear likely to exceed an | 26217 |
| expenditure maximum specified in a certificate. | 26218 |
| (G) The council shall adopt rules establishing certificate of | 26219 |
| need application fees sufficient to pay the costs incurred by the | 26220 |
| department for administering sections 3702.51 to 3702.62 of the | 26221 |
| Revised Code and to pay health service agencies for the functions | 26222 |
| they perform under division (D)(5) of section 3702.58 of the | 26223 |
| Revised Code. Unless rules are adopted under this division | 26224 |
| establishing different application fees, the application fee for a | 26225 |
| project not involving a capital expenditure shall be three | 26226 |
| thousand dollars and the application fee for a project involving a | 26227 |
| capital expenditure shall be nine-tenths of one per cent of the | 26228 |
| capital expenditure proposed subject to a minimum of three | 26229 |
| thousand dollars and a maximum of twenty thousand dollars. | 26230 |
| (H) The council shall adopt rules specifying information that | 26231 |
| is necessary to conduct reviews of certificate of need | 26232 |
| applications and to develop recommendations for criteria for | 26233 |
| reviews that health care facilities and other health care | 26234 |
|
providers are to submit to the director under division
| 26235 |
| section 3702.52 of the Revised Code. | 26236 |
| (I) The council shall adopt rules defining "affiliated | 26237 |
| person,""related person," and "ultimate controlling interest" for | 26238 |
| purposes of section 3702.524 of the Revised Code. | 26239 |
| (J) The council shall adopt rules prescribing requirements | 26240 |
| for holders of certificates of need to demonstrate to the director | 26241 |
| under section 3702.526 of the Revised Code that reasonable | 26242 |
| progress is being made toward completion of the reviewable | 26243 |
| activity and establishing standards by which the director shall | 26244 |
| determine whether reasonable progress is being made. | 26245 |
| (K) The council shall adopt rules defining high-risk cardiac | 26246 |
| catheterization patients. High-risk patients shall include | 26247 |
| patients with significant ischemic syndromes or unstable | 26248 |
| myocardial infarction, patients who need intervention such as | 26249 |
| angioplasty or bypass surgery, patients who may require difficult | 26250 |
| or complex catheterization procedures such as transeptal | 26251 |
| assessment of valvular dysfunction, patients with critical aortic | 26252 |
| stenosis or congestive heart failure, and other patients specified | 26253 |
| by the council. | 26254 |
| (L) The public health council shall adopt all rules under | 26255 |
| divisions (A) to (K) of this section in accordance with Chapter | 26256 |
| 119. of the Revised Code. The council may adopt other rules as | 26257 |
| necessary to carry out the purposes of sections 3702.51 to 3702.62 | 26258 |
| of the Revised Code. | 26259 |
| | 26260 |
| provision of sections 3702.51 to 3702.62 of the Revised Code, | 26261 |
| other than the provisions of sections 3702.5210, 3702.5211, | 26262 |
| 3702.5212, and 3702.5213 of the Revised Code, both of the | 26263 |
| following apply under the certificate of need program: | 26264 |
|
(1) Divisions (B) to (E) of this section | 26265 |
| review of certificate of need applications during the period | 26266 |
| beginning
July
1, 1993, and ending
June 30,
| 26267 |
| | 26268 |
| 26269 | |
| Beginning July 1, 2009, the director of health shall not accept | 26270 |
| for review under section 3702.52 of the Revised Code any | 26271 |
| application for a certificate of need to recategorize hospital | 26272 |
| beds as described in section 3702.522 of the Revised Code. | 26273 |
| (B)(1) Except as provided in division (B)(2) of this section, | 26274 |
| the director of health shall neither grant nor deny any | 26275 |
| application for a certificate of need submitted prior to July 1, | 26276 |
| 1993, if the application was for any of the following and the | 26277 |
| director had not issued a written decision concerning the | 26278 |
| application prior to that date: | 26279 |
| (a) Approval of beds in a new health care facility or an | 26280 |
| increase of beds in an existing health care facility, if the beds | 26281 |
| are proposed to be licensed as nursing home beds under Chapter | 26282 |
| 3721. of the Revised Code; | 26283 |
| (b) Approval of beds in a new county home or new county | 26284 |
| nursing home as defined in section 5155.31 of the Revised Code, or | 26285 |
| an increase of beds in an existing county home or existing county | 26286 |
| nursing home, if the beds are proposed to be certified as skilled | 26287 |
| nursing facility beds under Title XVIII or nursing facility beds | 26288 |
| under Title XIX of the "Social Security Act," 49 Stat. 620 (1935), | 26289 |
| 42 U.S.C.A. 301, as amended; | 26290 |
| (c) Recategorization of hospital beds as described in section | 26291 |
| 3702.522 of the Revised Code, an increase of hospital beds | 26292 |
| registered pursuant to section 3701.07 of the Revised Code as | 26293 |
| long-term care beds or skilled nursing facility beds, or a | 26294 |
| recategorization of hospital beds that would result in an increase | 26295 |
| of beds registered pursuant to that section as long-term care beds | 26296 |
| or skilled nursing facility beds. | 26297 |
| On July 1, 1993, the director shall return each such | 26298 |
| application to the applicant and, notwithstanding section 3702.52 | 26299 |
| of the Revised Code regarding the uses of the certificate of need | 26300 |
| fund, shall refund to the applicant the application fee paid under | 26301 |
| that section. Applications returned under division (B)(1) of this | 26302 |
| section may be resubmitted in accordance with section 3702.52 of | 26303 |
|
the Revised
Code no sooner than
July 1,
| 26304 |
| (2) The director shall continue to review and shall issue a | 26305 |
| decision regarding any application submitted prior to July 1, | 26306 |
| 1993, to increase beds for either of the purposes described in | 26307 |
| division (B)(1)(a) or (b) of this section if the proposed increase | 26308 |
| in beds is attributable solely to a replacement or relocation of | 26309 |
| existing beds within the same county. The director shall authorize | 26310 |
| under such an application no additional beds beyond those being | 26311 |
| replaced or relocated. | 26312 |
| (C)(1) Except as provided in division (C)(2) of this section, | 26313 |
| the director, during the period beginning July 1, 1993, and ending | 26314 |
|
June 30,
| 26315 |
| 3702.52 of the Revised Code any application for a certificate of | 26316 |
| need for any of the purposes described in divisions (B)(1)(a) to | 26317 |
| (c) of this section. | 26318 |
| (2)(a) The director shall accept for review any application | 26319 |
| for either of the purposes described in division (B)(1)(a) or (b) | 26320 |
| of this section if the proposed increase in beds is attributable | 26321 |
| solely to a replacement or relocation of existing beds from an | 26322 |
| existing health care facility within the same county. The director | 26323 |
| shall authorize under such an application no additional beds | 26324 |
| beyond those being replaced or relocated. | 26325 |
| The director shall not approve an application for a | 26326 |
| certificate of need for addition of long-term care beds to an | 26327 |
| existing health care facility by relocation of beds or for the | 26328 |
| development of a new health care facility by relocation of beds | 26329 |
| unless all of the following conditions are met: | 26330 |
| (i) The existing health care facility to which the beds are | 26331 |
| being relocated has no waivers for life safety code | 26332 |
| deficiencies, no state fire code violations, and no state building | 26333 |
| code violations, or the project identified in the application | 26334 |
| proposes to correct all life safety code deficiencies for which a | 26335 |
| waiver has been granted, all state fire code violations, and all | 26336 |
| state building code violations at the existing health care | 26337 |
| facility to which the beds are being relocated; | 26338 |
| (ii) During the sixty-month period preceding the filing of | 26339 |
| the application, no notice of proposed revocation of the | 26340 |
| facility's license was issued under section 3721.03 of the Revised | 26341 |
| Code to the operator of the existing facility to which the beds | 26342 |
| are being relocated or to any health care facility owned or | 26343 |
| operated by the applicant or any principal participant in the same | 26344 |
| corporation or other business; | 26345 |
| (iii) Neither the existing health care facility to which the | 26346 |
| beds are being relocated nor any health care facility owned or | 26347 |
| operated by the applicant or any principal participant in the same | 26348 |
| corporation or other business has had a long-standing pattern of | 26349 |
| violations of this chapter or deficiencies that caused one or more | 26350 |
| residents physical, emotional, mental, or psychosocial harm. | 26351 |
| (b) The director also shall accept for review any application | 26352 |
| for the conversion of infirmary beds to long-term care beds if the | 26353 |
| infirmary meets all of the following conditions: | 26354 |
| (i) Is operated exclusively by a religious order; | 26355 |
| (ii) Provides care exclusively to members of religious orders | 26356 |
| who take vows of celibacy and live by virtue of their vows within | 26357 |
| the orders as if related; | 26358 |
| (iii) Was providing care exclusively to members of such a | 26359 |
| religious order on January 1, 1994. | 26360 |
| (D) The director shall issue a decision regarding any case | 26361 |
| remanded by a court as the result of a decision issued by the | 26362 |
| director prior to July 1, 1993, to grant, deny, or withdraw a | 26363 |
| certificate of need for any of the purposes described in divisions | 26364 |
| (B)(1)(a) to (c) of this section. | 26365 |
| (E) The director shall not project the need for beds listed | 26366 |
| in division (B)(1) of this section for the period beginning July | 26367 |
|
1, 1993, and ending
June 30,
| 26368 |
| | 26369 |
| 26370 |
| | 26371 |
| Am. Sub. S.B. 50 of the 121st general assembly, as amended by Am. | 26372 |
| Sub. H.B. 405 of the 124th general assembly, all of the following | 26373 |
| apply: | 26374 |
| (A) The removal of former divisions (E) and (F) of section | 26375 |
| 3702.52 of the Revised Code by Sections 1 and 2 of Am. Sub. S.B. | 26376 |
| 50 of the 121st general assembly does not release the holders of | 26377 |
| certificates of need issued under those divisions from complying | 26378 |
| with any conditions on which the granting of the certificates of | 26379 |
| need was based, including the requirement of former division | 26380 |
| (E)(6) of that section that the holders not enter into provider | 26381 |
| agreements under Chapter 5111. of the Revised Code and Title XIX | 26382 |
| of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, | 26383 |
| as amended, for at least ten years following initial licensure of | 26384 |
| the long-term care facilities for which the certificates were | 26385 |
| granted. | 26386 |
| (B) The repeal of section 3702.55 of the Revised Code by | 26387 |
| Section 2 of Am. Sub. S.B. 50 of the 121st general assembly does | 26388 |
| not release the holders of certificates of need issued under that | 26389 |
| section from complying with any conditions on which the granting | 26390 |
| of the certificates of need was based, other than the requirement | 26391 |
| of division (A)(6) of that section that the holders not seek | 26392 |
| certification under Title XVIII of the "Social Security Act" for | 26393 |
| beds recategorized under the certificates. That repeal also does | 26394 |
| not eliminate the requirement that the director of health revoke | 26395 |
| the licensure of the beds under Chapter 3721. of the Revised Code | 26396 |
| if a person to which their ownership is transferred fails, as | 26397 |
| required by division (A)(6) of the repealed section, to file | 26398 |
| within ten days after the transfer a sworn statement not to seek | 26399 |
| certification under Title XIX of the "Social Security Act" for | 26400 |
| beds recategorized under the certificates of need. | 26401 |
| (C) The repeal of section 3702.56 of the Revised Code by | 26402 |
| Section 2 of Am. Sub. S.B. 50 of the 121st general assembly does | 26403 |
| not release the holders of certificates of need issued under that | 26404 |
| section from complying with any conditions on which the granting | 26405 |
| of the certificates of need was based. | 26406 |
| Sec. 3704.03. The director of environmental protection may | 26407 |
| do any of the following: | 26408 |
| (A) Develop programs for the prevention, control, and | 26409 |
| abatement of air pollution; | 26410 |
| (B) Advise, consult, contract, and cooperate with any | 26411 |
| governmental or private agency in the furtherance of the purposes | 26412 |
| of this chapter; | 26413 |
| (C) Encourage, participate in, or conduct studies, | 26414 |
| investigations, and research relating to air pollution, collect | 26415 |
| and disseminate information, and conduct education and training | 26416 |
| programs relating to the causes, prevention, control, and | 26417 |
| abatement of air pollution; | 26418 |
| (D) Adopt, modify, and rescind rules prescribing ambient air | 26419 |
| quality standards for the state as a whole or for various areas of | 26420 |
| the state that are consistent with and no more stringent than the | 26421 |
| national ambient air quality standards in effect under the federal | 26422 |
| Clean Air Act; | 26423 |
| (E) Adopt, modify, suspend, and rescind rules for the | 26424 |
| prevention, control, and abatement of air pollution, including | 26425 |
| rules prescribing for the state as a whole or for various areas of | 26426 |
| the state emission standards for air contaminants, and other | 26427 |
| necessary rules for the purpose of achieving and maintaining | 26428 |
| compliance with ambient air quality standards in all areas within | 26429 |
| the state as expeditiously as practicable, but not later than any | 26430 |
| deadlines applicable under the federal Clean Air Act; rules for | 26431 |
| the prevention or control of the emission of hazardous or toxic | 26432 |
| air contaminants; rules prescribing fugitive dust limitations and | 26433 |
| standards that are related, on an areawide basis, to attainment | 26434 |
| and maintenance of ambient air quality standards; rules | 26435 |
| prescribing shade, density, or opacity limitations and standards | 26436 |
| for emissions, provided that with regard to air contaminant | 26437 |
| sources for which there are particulate matter emission standards | 26438 |
| in addition to a shade, density, or opacity rule, upon | 26439 |
| demonstration by such a source of compliance with those other | 26440 |
| standards, the shade, density, or opacity rule shall provide for | 26441 |
| establishment of a shade, density, or opacity limitation for that | 26442 |
| source that does not require the source to reduce emissions below | 26443 |
| the level specified by those other standards; rules for the | 26444 |
| prevention or control of odors and air pollution nuisances; rules | 26445 |
| that prevent significant deterioration of air quality to the | 26446 |
| extent required by the federal Clean Air Act; rules for the | 26447 |
| protection of visibility as required by the federal Clean Air Act; | 26448 |
| and rules prescribing open burning limitations and standards. In | 26449 |
| adopting, modifying, suspending, or rescinding any such rules, the | 26450 |
| director, to the extent consistent with the federal Clean Air Act, | 26451 |
| shall hear and give consideration to evidence relating to all of | 26452 |
| the following: | 26453 |
| (1) Conditions calculated to result from compliance with the | 26454 |
| rules, the overall cost within this state of compliance with the | 26455 |
| rules, and their relation to benefits to the people of the state | 26456 |
| to be derived from that compliance; | 26457 |
| (2) The quantity and characteristics of air contaminants, the | 26458 |
| frequency and duration of their presence in the ambient air, and | 26459 |
| the dispersion and dilution of those contaminants; | 26460 |
| (3) Topography, prevailing wind directions and velocities, | 26461 |
| physical conditions, and other factors that may or may combine to | 26462 |
| affect air pollution. | 26463 |
| Consistent with division (K) of section 3704.036 of the | 26464 |
| Revised Code, the director shall consider alternative emission | 26465 |
| limits proposed by the owner or operator of an air contaminant | 26466 |
| source that is subject to an emission limit established in rules | 26467 |
| adopted under this division and shall accept those alternative | 26468 |
| emission limits that the director determines to be equivalent to | 26469 |
| emission limits established in rules adopted under this division. | 26470 |
| (F)(1) Adopt, modify, suspend, and rescind rules consistent | 26471 |
| with the purposes of this chapter prohibiting the location, | 26472 |
| installation, construction, or modification of any air contaminant | 26473 |
| source or any machine, equipment, device, apparatus, or physical | 26474 |
| facility intended primarily to prevent or control the emission of | 26475 |
| air contaminants unless an installation permit therefor has been | 26476 |
| obtained from the director or the director's authorized | 26477 |
| representative. | 26478 |
| (2) Applications for installation permits shall be | 26479 |
| accompanied by plans, specifications, construction schedules, and | 26480 |
| such other pertinent information and data, including data on | 26481 |
| ambient air quality impact and a demonstration of best available | 26482 |
| technology, as the director may require. Installation permits | 26483 |
| shall be issued for a period specified by the director and are | 26484 |
| transferable. The director shall specify in each permit the | 26485 |
| applicable emission standards and that the permit is conditioned | 26486 |
| upon payment of the applicable fees as required by section 3745.11 | 26487 |
| of the Revised Code and upon the right of the director's | 26488 |
| authorized representatives to enter upon the premises of the | 26489 |
| person to whom the permit has been issued, at any reasonable time | 26490 |
| and subject to safety requirements of the person in control of the | 26491 |
| premises, for the purpose of determining compliance with such | 26492 |
| standards, this chapter, the rules adopted thereunder, and the | 26493 |
| conditions of any permit, variance, or order issued thereunder. | 26494 |
| Each proposed new or modified air contaminant source shall provide | 26495 |
| such notice of its proposed installation or modification to other | 26496 |
| states as is required under the federal Clean Air Act. | 26497 |
| Installation permits shall include the authorization to operate | 26498 |
| sources installed and operated in accordance with terms and | 26499 |
| conditions of the installation permits for a period not to exceed | 26500 |
| one year from commencement of operation, which authorization shall | 26501 |
| constitute an operating permit under division (G) of this section | 26502 |
| and rules adopted under it. | 26503 |
| No installation permit shall be required for activities that | 26504 |
| are subject to and in compliance with a plant-wide applicability | 26505 |
| limit issued by the director in accordance with rules adopted | 26506 |
| under this section. | 26507 |
| No installation permit shall be issued except in accordance | 26508 |
| with all requirements of this chapter and rules adopted | 26509 |
| thereunder. No application shall be denied or permit revoked or | 26510 |
| modified without a written order stating the findings upon which | 26511 |
| denial, revocation, or modification is based. A copy of the order | 26512 |
| shall be sent to the applicant or permit holder by certified mail. | 26513 |
| (3) Not later than two years after | 26514 |
| 26515 | |
| accordance with Chapter 119. of the Revised Code specifying that a | 26516 |
| permit to install is required only for new or modified air | 26517 |
| contaminant sources that emit any of the following air | 26518 |
| contaminants: | 26519 |
| (a) An air contaminant or precursor of an air contaminant for | 26520 |
| which a national ambient air quality standard has been adopted | 26521 |
| under the federal Clean Air Act; | 26522 |
| (b) An air contaminant for which the air contaminant source | 26523 |
| is regulated under the federal Clean Air Act; | 26524 |
| (c) An air contaminant that presents, or may present, through | 26525 |
| inhalation or other routes of exposure, a threat of adverse human | 26526 |
| health effects, including, but not limited to, substances that are | 26527 |
| known to be, or may reasonably be anticipated to be, carcinogenic, | 26528 |
| mutagenic, teratogenic, or neurotoxic, that cause reproductive | 26529 |
| dysfunction, or that are acutely or chronically toxic, or a threat | 26530 |
| of adverse environmental effects whether through ambient | 26531 |
| concentrations, bioaccumulation, deposition, or otherwise, and | 26532 |
| that is identified in the rule by chemical name and chemical | 26533 |
| abstract service number. | 26534 |
| The director may modify the rule adopted under division | 26535 |
| (F)(3)(c) of this section for the purpose of adding or deleting | 26536 |
| air contaminants. For each air contaminant that is contained in or | 26537 |
| deleted from the rule adopted under division (F)(3)(c) of this | 26538 |
| section, the director shall include in a notice accompanying any | 26539 |
| proposed or final rule an explanation of the director's | 26540 |
| determination that the air contaminant meets the criteria | 26541 |
| established in that division and should be added to, or no longer | 26542 |
| meets the criteria and should be deleted from, the list of air | 26543 |
| contaminants. The explanation shall include an identification of | 26544 |
| the scientific evidence on which the director relied in making the | 26545 |
| determination. Until adoption of the rule under division (F)(3)(c) | 26546 |
| of this section, nothing shall affect the director's authority to | 26547 |
| issue, deny, modify, or revoke permits to install under this | 26548 |
| chapter and rules adopted under it. | 26549 |
| (4)(a) Applications for permits to install new or modified | 26550 |
| air contaminant sources shall contain sufficient information | 26551 |
| regarding air contaminants for which the director may require a | 26552 |
| permit to install to determine conformity with the environmental | 26553 |
| protection agency's document entitled "Review of New Sources of | 26554 |
| Air Toxics Emissions, Option A," dated May 1986, which the | 26555 |
| director shall use to evaluate toxic emissions from new or | 26556 |
| modified air contaminant sources. The director shall make copies | 26557 |
| of the document available to the public upon request at no cost | 26558 |
| and post the document on the environmental protection agency's web | 26559 |
| site. Any inconsistency between the document and division (F)(4) | 26560 |
| of this section shall be resolved in favor of division (F)(4) of | 26561 |
| this section. | 26562 |
| (b) The maximum acceptable ground level concentration of an | 26563 |
| air contaminant shall be calculated in accordance with the | 26564 |
| document entitled "Review of New Sources of Air Toxics Emissions, | 26565 |
| Option A." Modeling shall be conducted to determine the increase | 26566 |
| in the ground level concentration of an air contaminant beyond the | 26567 |
| facility's boundary caused by the emissions from a new or modified | 26568 |
| source that is the subject of an application for a permit to | 26569 |
| install. Modeling shall be based on the maximum hourly rate of | 26570 |
| emissions from the source using information including, but not | 26571 |
| limited to, any emission control devices or methods, operational | 26572 |
| restrictions, stack parameters, and emission dispersion devices or | 26573 |
| methods that may affect ground level concentrations, either | 26574 |
| individually or in combination. The director shall determine | 26575 |
| whether the activities for which a permit to install is sought | 26576 |
| will cause an increase in the ground level concentration of one or | 26577 |
| more relevant air contaminants beyond the facility's boundary by | 26578 |
| an amount in excess of the maximum acceptable ground level | 26579 |
| concentration. In making the determination as to whether the | 26580 |
| maximum acceptable ground level concentration will be exceeded, | 26581 |
| the director shall give consideration to the modeling conducted | 26582 |
| under division (F)(4)(b) of this section and other relevant | 26583 |
| information submitted by the applicant. | 26584 |
| (c) If the modeling conducted under division (F)(4)(b) of | 26585 |
| this section with respect to an application for a permit to | 26586 |
| install demonstrates that the maximum ground level concentration | 26587 |
| from a new or modified source will be greater than or equal to | 26588 |
| eighty per cent, but less than one hundred per cent of the maximum | 26589 |
| acceptable ground level concentration for an air contaminant, the | 26590 |
| director may establish terms and conditions in the permit to | 26591 |
| install for the air contaminant source that will require the owner | 26592 |
| or operator of the air contaminant source to maintain emissions of | 26593 |
| that air contaminant commensurate with the modeled level, which | 26594 |
| shall be expressed as allowable emissions per day. In order to | 26595 |
| calculate the allowable emissions per day, the director shall | 26596 |
| multiply the hourly emission rate modeled under division (F)(4)(b) | 26597 |
| of this section to determine the ground level concentration by the | 26598 |
| operating schedule that has been identified in the permit to | 26599 |
| install application. Terms and conditions imposed under division | 26600 |
| (F)(4)(c) of this section are not federally enforceable | 26601 |
| requirements and, if included in a Title V permit, shall be placed | 26602 |
| in the portion of the permit that is only enforceable by the | 26603 |
| state. | 26604 |
| (d) If the modeling conducted under division (F)(4)(b) of | 26605 |
| this section with respect to an application for a permit to | 26606 |
| install demonstrates that the maximum ground level concentration | 26607 |
| from a new or modified source will be less than eighty per cent of | 26608 |
| the maximum acceptable ground level concentration, the owner or | 26609 |
| operator of the source annually shall report to the director, on a | 26610 |
| form prescribed by the director, whether operations of the source | 26611 |
| are consistent with the information regarding the operations that | 26612 |
| was used to conduct the modeling with regard to the permit to | 26613 |
| install application. The annual report to the director shall be in | 26614 |
| lieu of an emission limit or other permit terms and conditions | 26615 |
| imposed pursuant to division (F)(4) of this section. The director | 26616 |
| may consider any significant departure from the operations of the | 26617 |
| source described in the permit to install application that results | 26618 |
| in greater emissions than the emissions rate modeled to determine | 26619 |
| the ground level concentration as a modification and require the | 26620 |
| owner or operator to submit a permit to install application for | 26621 |
| the increased emissions. The requirements established in division | 26622 |
| (F)(4)(d) of this section are not federally enforceable | 26623 |
| requirements and, if included in a Title V permit, shall be placed | 26624 |
| in the portion of the permit that is only enforceable by the | 26625 |
| state. | 26626 |
| (e) Division (F)(4) of this section and the document entitled | 26627 |
| "Review of New Sources of Air Toxics Emissions, Option A" shall | 26628 |
| not be included in the state implementation plan under section 110 | 26629 |
| of the federal Clean Air Act and do not apply to an air | 26630 |
| contaminant source that is subject to a maximum achievable control | 26631 |
| technology standard or residual risk standard under section 112 of | 26632 |
| the federal Clean Air Act, to a particular air contaminant | 26633 |
| identified under 40 C.F.R. 51.166, division (b)(23), for which the | 26634 |
| director has determined that the owner or operator of the source | 26635 |
| is required to install best available control technology for that | 26636 |
| particular air contaminant, or to a particular air contaminant for | 26637 |
| which the director has determined that the source is required to | 26638 |
| meet the lowest achievable emission rate, as defined in 40 C.F.R. | 26639 |
| part 51, Appendix S, for that particular air contaminant. | 26640 |
| (f)(i) Division (F)(4) of this section and the document | 26641 |
| entitled "Review of New Sources of Air Toxics Emissions, Option A" | 26642 |
| do not apply to parking lots, storage piles, storage tanks, | 26643 |
| transfer operations, grain silos, grain dryers, emergency | 26644 |
| generators, gasoline dispensing operations, air contaminant | 26645 |
| sources that emit air contaminants solely from the combustion of | 26646 |
| fossil fuels, or the emission of wood dust, sand, glass dust, coal | 26647 |
| dust, silica, and grain dust. | 26648 |
| (ii) Notwithstanding division (F)(4)(f)(i) of this section, | 26649 |
| the director may require an individual air contaminant source that | 26650 |
| is within one of the source categories identified in division | 26651 |
| (F)(4)(f)(i) of this section to submit information in an | 26652 |
| application for a permit to install a new or modified source in | 26653 |
| order to determine the source's conformity to the document if the | 26654 |
| director has information to conclude that the particular new or | 26655 |
| modified source will potentially cause an increase in ground level | 26656 |
| concentration beyond the facility's boundary that exceeds the | 26657 |
| maximum acceptable ground level concentration as set forth in the | 26658 |
| document. | 26659 |
| (iii) The director may adopt rules in accordance with Chapter | 26660 |
| 119. of the Revised Code that are consistent with the purposes of | 26661 |
| this chapter and that add to or delete from the source category | 26662 |
| exemptions established in division (F)(4)(f)(i) of this section. | 26663 |
| (5) Not later than one year after | 26664 |
| 26665 | |
| accordance with Chapter 119. of the Revised Code specifying | 26666 |
| activities that do not, by themselves, constitute beginning actual | 26667 |
| construction activities related to the installation or | 26668 |
| modification of an air contaminant source for which a permit to | 26669 |
| install is required such as the grading and clearing of land, | 26670 |
| on-site storage of portable parts and equipment, and the | 26671 |
| construction of foundations or buildings that do not themselves | 26672 |
| emit air contaminants. The rules also shall allow specified | 26673 |
| initial activities that are part of the installation or | 26674 |
| modification of an air contaminant source, such as the | 26675 |
| installation of electrical and other utilities for the source, | 26676 |
| prior to issuance of a permit to install, provided that the owner | 26677 |
| or operator of the source has filed a complete application for a | 26678 |
| permit to install, the director or the director's designee has | 26679 |
| determined that the application is complete, and the owner or | 26680 |
| operator of the source has notified the director that this | 26681 |
| activity will be undertaken prior to the issuance of a permit to | 26682 |
| install. Any activity that is undertaken by the source under those | 26683 |
| rules shall be at the risk of the owner or operator. The rules | 26684 |
| shall not apply to activities that are precluded prior to permit | 26685 |
| issuance under section 111, section 112, Part C of Title I, and | 26686 |
| Part D of Title I of the federal Clean Air Act. | 26687 |
| (G) Adopt, modify, suspend, and rescind rules prohibiting the | 26688 |
| operation or other use of any new, modified, or existing air | 26689 |
| contaminant source unless an operating permit has been obtained | 26690 |
| from the director or the director's authorized representative, or | 26691 |
| the air contaminant source is being operated in compliance with | 26692 |
| the conditions of a variance issued pursuant to division (H) of | 26693 |
| this section. Applications for operating permits shall be | 26694 |
| accompanied by such plans, specifications, and other pertinent | 26695 |
| information as the director may require. Operating permits may be | 26696 |
| issued for a
period determined by the director not to exceed | 26697 |
| ten years, are renewable, and are transferable. The director shall | 26698 |
| specify in each operating permit that the permit is conditioned | 26699 |
| upon payment of the applicable fees as required by section 3745.11 | 26700 |
| of the Revised Code and upon the right of the director's | 26701 |
| authorized representatives to enter upon the premises of the | 26702 |
| person to whom the permit has been issued, at any reasonable time | 26703 |
| and subject to safety requirements of the person in control of the | 26704 |
| premises, for the purpose of determining compliance with this | 26705 |
| chapter, the rules adopted thereunder, and the conditions of any | 26706 |
| permit, variance, or order issued thereunder. Operating permits | 26707 |
| may be denied or revoked for failure to comply with this chapter | 26708 |
| or the rules adopted thereunder. An operating permit shall be | 26709 |
| issued only upon a showing satisfactory to the director or the | 26710 |
| director's representative that the air contaminant source is being | 26711 |
| operated in compliance with applicable emission standards and | 26712 |
| other rules or upon submission of a schedule of compliance | 26713 |
| satisfactory to the director for a source that is not in | 26714 |
| compliance with all applicable requirements at the time of permit | 26715 |
| issuance, provided that the compliance schedule shall be | 26716 |
| consistent with and at least as stringent as that contained in any | 26717 |
| judicial consent decree or administrative order to which the air | 26718 |
| contaminant source is subject. The rules shall provide for the | 26719 |
| issuance of conditional operating permits for such reasonable | 26720 |
| periods as the director may determine to allow the holder of an | 26721 |
| installation permit, who has constructed, installed, located, or | 26722 |
| modified a new air contaminant source in accordance with the | 26723 |
| provisions of an installation permit, to make adjustments or | 26724 |
| modifications necessary to enable the new air contaminant source | 26725 |
| to comply with applicable emission standards and other rules. | 26726 |
| Terms and conditions of operating permits issued pursuant to this | 26727 |
| division shall be federally enforceable for the purpose of | 26728 |
| establishing the potential to emit of a stationary source and | 26729 |
| shall be expressly designated as federally enforceable. Any such | 26730 |
| federally enforceable restrictions on a source's potential to emit | 26731 |
| shall include both an annual limit and a short-term limit of not | 26732 |
| more than thirty days for each pollutant to be restricted together | 26733 |
| with adequate methods for establishing compliance with the | 26734 |
| restrictions. In other respects, operating permits issued pursuant | 26735 |
| to this division are enforceable as state law only. No application | 26736 |
| shall be denied or permit revoked or modified without a written | 26737 |
| order stating the findings upon which denial, revocation, or | 26738 |
| modification is based. A copy of the order shall be sent to the | 26739 |
| applicant or permit holder by certified mail. | 26740 |
| (H) Adopt, modify, and rescind rules governing the issuance, | 26741 |
| revocation, modification, or denial of variances that authorize | 26742 |
| emissions in excess of the applicable emission standards. | 26743 |
| No variance shall be issued except pursuant to those rules. | 26744 |
| The rules shall prescribe conditions and criteria in furtherance | 26745 |
| of the purposes of this chapter and consistent with the federal | 26746 |
| Clean Air Act governing eligibility for issuance of variances, | 26747 |
| which shall include all of the following: | 26748 |
| (1) Provisions requiring consistency of emissions authorized | 26749 |
| by a variance with timely attainment and maintenance of ambient | 26750 |
| air quality standards; | 26751 |
| (2) Provisions prescribing the classes and categories of air | 26752 |
| contaminants and air contaminant sources for which variances may | 26753 |
| be issued; | 26754 |
| (3) Provisions defining the circumstances under which an | 26755 |
| applicant shall demonstrate that compliance with applicable | 26756 |
| emission standards is technically infeasible, economically | 26757 |
| unreasonable, or impossible because of conditions beyond the | 26758 |
| control of the applicant; | 26759 |
| (4) Other provisions prescribed in furtherance of the goals | 26760 |
| of this chapter. | 26761 |
| The rules shall prohibit the issuance of variances from any | 26762 |
| emission limitation that was applicable to a source pursuant to an | 26763 |
| installation permit and shall prohibit issuance of variances that | 26764 |
| conflict with the federal Clean Air Act. | 26765 |
| Applications for variances shall be accompanied by such | 26766 |
| information as the director may require. In issuing variances, the | 26767 |
| director may order the person to whom a variance is issued to | 26768 |
| furnish plans and specifications and such other information and | 26769 |
| data, including interim reports, as the director may require and | 26770 |
| to proceed to take such action within such time as the director | 26771 |
| may determine to be appropriate and reasonable to prevent, | 26772 |
| control, or abate the person's existing emissions of air | 26773 |
| contaminants. The director shall specify in each variance that the | 26774 |
| variance is conditioned upon payment of the applicable fees as | 26775 |
| required by section 3745.11 of the Revised Code and upon the right | 26776 |
| of the director's authorized representatives to enter upon the | 26777 |
| premises of the person to whom the variance has been issued, at | 26778 |
| any reasonable time and subject to safety requirements of the | 26779 |
| person in control of the premises, for the purpose of determining | 26780 |
| compliance with this chapter, the rules adopted thereunder, and | 26781 |
| the conditions of any permit, variance, or order issued | 26782 |
| thereunder. | 26783 |
| The director may hold a public hearing on an application for | 26784 |
| a variance or renewal thereof at a location in the county where | 26785 |
| the variance is sought. The director shall give not less than | 26786 |
| twenty days' notice of the hearing to the applicant by certified | 26787 |
| mail and cause at least one publication of notice in a newspaper | 26788 |
| with general circulation in the county where the variance is | 26789 |
| sought. The director shall keep available for public inspection at | 26790 |
| the principal office of the environmental protection agency a | 26791 |
| current schedule of pending applications for variances and a | 26792 |
| current schedule of pending variance hearings. The director shall | 26793 |
| make a complete stenographic record of testimony and other | 26794 |
| evidence submitted at the hearing. The director shall make a | 26795 |
| written determination to issue, renew, or deny the variance and | 26796 |
| shall enter the determination and the basis therefor into the | 26797 |
| record of the hearing. The director shall issue, renew, or deny an | 26798 |
| application for a variance or renewal thereof, or issue a proposed | 26799 |
| action upon the application pursuant to section 3745.07 of the | 26800 |
| Revised Code, within six months of the date upon which the | 26801 |
| director receives a complete application with all pertinent | 26802 |
| information and data required by the director. | 26803 |
| Any variance granted pursuant to rules adopted under this | 26804 |
| division shall be for a period specified by the director, not to | 26805 |
| exceed three years, and may be renewed from time to time on such | 26806 |
| terms and for such periods, not to exceed three years each, as the | 26807 |
| director determines to be appropriate. A variance may be revoked, | 26808 |
| or renewal denied, for failure to comply with conditions specified | 26809 |
| in the variance. No variance shall be issued, denied, revoked, or | 26810 |
| modified without a written order stating the findings upon which | 26811 |
| the issuance, denial, revocation, or modification is based. A copy | 26812 |
| of the order shall be sent to the applicant or variance holder by | 26813 |
| certified mail. | 26814 |
| (I) Require the owner or operator of an air contaminant | 26815 |
| source to install, employ, maintain, and operate such emissions, | 26816 |
| ambient air quality, meteorological, or other monitoring devices | 26817 |
| or methods as the director shall prescribe; to sample those | 26818 |
| emissions at such locations, at such intervals, and in such manner | 26819 |
| as the director prescribes; to maintain records and file periodic | 26820 |
| reports with the director containing information as to location, | 26821 |
| size, and height of emission outlets, rate, duration, and | 26822 |
| composition of emissions, and any other pertinent information the | 26823 |
| director prescribes; and to provide such written notice to other | 26824 |
| states as the director shall prescribe. In requiring monitoring | 26825 |
| devices, records, and reports, the director, to the extent | 26826 |
| consistent with the federal Clean Air Act, shall give | 26827 |
| consideration to technical feasibility and economic reasonableness | 26828 |
| and allow reasonable time for compliance. For sources where a | 26829 |
| specific monitoring, record-keeping, or reporting requirement is | 26830 |
| specified for a particular air contaminant from a particular air | 26831 |
| contaminant source in an applicable regulation adopted by the | 26832 |
| United States environmental protection agency under the federal | 26833 |
| Clean Air Act or in an applicable rule adopted by the director, | 26834 |
| the director shall not impose an additional requirement in a | 26835 |
| permit that is a different monitoring, record-keeping, or | 26836 |
| reporting requirement other than the requirement specified in the | 26837 |
| applicable regulation or rule for that air contaminant except as | 26838 |
| otherwise agreed to by the owner or operator of the air | 26839 |
| contaminant source and the director. If two or more regulations or | 26840 |
| rules impose different monitoring, record-keeping, or reporting | 26841 |
| requirements for the same air contaminant from the same air | 26842 |
| contaminant source, the director may impose permit terms and | 26843 |
| conditions that consolidate or streamline the monitoring, | 26844 |
| record-keeping, or reporting requirements in a manner that | 26845 |
| conforms with each applicable requirement. To the extent | 26846 |
| consistent with the federal Clean Air Act and except as otherwise | 26847 |
| agreed to by the owner or operator of an air contaminant source | 26848 |
| and the director, the director shall not require an operating | 26849 |
| restriction that has the practical effect of increasing the | 26850 |
| stringency of an existing applicable emission limitation or | 26851 |
| standard. | 26852 |
| (J) Establish, operate, and maintain monitoring stations and | 26853 |
| other devices designed to measure air pollution and enter into | 26854 |
| contracts with any public or private agency for the establishment, | 26855 |
| operation, or maintenance of such stations and devices; | 26856 |
| (K) By rule adopt procedures for giving reasonable public | 26857 |
| notice and conducting public hearings on any plans for the | 26858 |
| prevention, control, and abatement of air pollution that the | 26859 |
| director is required to submit to the federal government; | 26860 |
| (L) Through any employee, agent, or authorized representative | 26861 |
| of the director or the environmental protection agency, enter upon | 26862 |
| private or public property, including improvements thereon, at any | 26863 |
| reasonable time, to make inspections, take samples, conduct tests, | 26864 |
| and examine records or reports pertaining to any emission of air | 26865 |
| contaminants and any monitoring equipment or methods and to | 26866 |
| determine if there are any actual or potential emissions from such | 26867 |
| premises and, if so, to determine the sources, amounts, contents, | 26868 |
| and extent of those emissions, or to ascertain whether there is | 26869 |
| compliance with this chapter, any orders issued or rules adopted | 26870 |
| thereunder, or any other determination of the director. The | 26871 |
| director, at reasonable times, may have access to and copy any | 26872 |
| such records. If entry or inspection authorized by this division | 26873 |
| is refused, hindered, or thwarted, the director or the director's | 26874 |
| authorized representative may by affidavit apply for, and any | 26875 |
| judge of a court of record may issue, an appropriate inspection | 26876 |
| warrant necessary to achieve the purposes of this chapter within | 26877 |
| the court's territorial jurisdiction. | 26878 |
| (M) Accept and administer gifts or grants from the federal | 26879 |
| government and from any other source, public or private, for | 26880 |
| carrying out any of the functions under this chapter; | 26881 |
| (N) Obtain necessary scientific, technical, and laboratory | 26882 |
| services; | 26883 |
| (O) Establish advisory boards in accordance with section | 26884 |
| 121.13 of the Revised Code; | 26885 |
| (P) Delegate to any city or general health district or | 26886 |
| political subdivision of the state any of the director's | 26887 |
| enforcement and monitoring powers and duties, other than | 26888 |
| rule-making powers, as the director elects to delegate, and in | 26889 |
| addition employ, compensate, and prescribe the powers and duties | 26890 |
| of such officers, employees, and consultants as are necessary to | 26891 |
| enable the director to exercise the authority and perform duties | 26892 |
| imposed upon the director by law. Technical and other services | 26893 |
| shall be performed, insofar as practical, by personnel of the | 26894 |
| environmental protection agency. | 26895 |
| (Q) Certify to the government of the United States or any | 26896 |
| agency thereof that an industrial air pollution facility is in | 26897 |
| conformity with the state program or requirements for control of | 26898 |
| air pollution whenever such certificate is required for a taxpayer | 26899 |
| pursuant to any federal law or requirements; | 26900 |
| (R) Issue, modify, or revoke orders requiring abatement of or | 26901 |
| prohibiting emissions that violate applicable emission standards | 26902 |
| or other requirements of this chapter and rules adopted | 26903 |
| thereunder, or requiring emission control devices or measures in | 26904 |
| order to comply with applicable emission standards or other | 26905 |
| requirements of this chapter and rules adopted thereunder. Any | 26906 |
| such order shall require compliance with applicable emission | 26907 |
| standards by a specified date and shall not conflict with any | 26908 |
| requirement of the federal Clean Air Act. In the making of such | 26909 |
| orders, the director, to the extent consistent with the federal | 26910 |
| Clean Air Act, shall give consideration to, and base the | 26911 |
| determination on, evidence relating to the technical feasibility | 26912 |
| and economic reasonableness of compliance with such orders and | 26913 |
| their relation to benefits to the people of the state to be | 26914 |
| derived from such compliance. If, under the federal Clean Air Act, | 26915 |
| any such order shall provide for the posting of a bond or surety | 26916 |
| to secure compliance with the order as a condition of issuance of | 26917 |
| the order, the order shall so provide, but only to the extent | 26918 |
| required by the federal Clean Air Act. | 26919 |
| (S) To the extent provided by the federal Clean Air Act, | 26920 |
| adopt, modify, and rescind rules providing for the administrative | 26921 |
| assessment and collection of monetary penalties, not in excess of | 26922 |
| those required pursuant to the federal Clean Air Act, for failure | 26923 |
| to comply with any emission limitation or standard, compliance | 26924 |
| schedule, or other requirement of any rule, order, permit, or | 26925 |
| variance issued or adopted under this chapter or required under | 26926 |
| the applicable implementation plan whether or not the source is | 26927 |
| subject to a federal or state consent decree. The director may | 26928 |
| require the submission of compliance schedules, calculations of | 26929 |
| penalties for noncompliance, and related information. Any orders, | 26930 |
| payments, sanctions, or other requirements imposed pursuant to | 26931 |
| rules adopted under this division shall be in addition to any | 26932 |
| other permits, orders, payments, sanctions, or other requirements | 26933 |
| established under this chapter and shall not affect any civil or | 26934 |
| criminal enforcement proceedings brought under any provision of | 26935 |
| this chapter or any other provision of state or local law. This | 26936 |
| division does not apply to any requirement of this chapter | 26937 |
| regarding the prevention or abatement of odors. | 26938 |
| (T) Require new or modified air contaminant sources to | 26939 |
| install best available technology, but only in accordance with | 26940 |
| this division. With respect to permits issued pursuant to division | 26941 |
| (F) of this section beginning three years after | 26942 |
| 26943 | |
| air contaminant sources and air contaminants emitted by those | 26944 |
| sources that are subject to standards adopted under section 112, | 26945 |
| Part C of Title I, and Part D of Title I of the federal Clean Air | 26946 |
| Act shall be equivalent to and no more stringent than those | 26947 |
| standards. For an air contaminant or precursor of an air | 26948 |
| contaminant for which a national ambient air quality standard has | 26949 |
| been adopted under the federal Clean Air Act, best available | 26950 |
| technology only shall be required to the extent required by rules | 26951 |
| adopted under Chapter 119. of the Revised Code for permit to | 26952 |
| install applications filed three or more years after | 26953 |
| 26954 |
| Best available technology requirements established in rules | 26955 |
| adopted under this division shall be expressed only in one of the | 26956 |
| following ways that is most appropriate for the applicable source | 26957 |
| or source categories: | 26958 |
| (1) Work practices; | 26959 |
| (2) Source design characteristics or design efficiency of | 26960 |
| applicable air contaminant control devices; | 26961 |
| (3) Raw material specifications or throughput limitations | 26962 |
| averaged over a twelve-month rolling period; | 26963 |
| (4) Monthly allowable emissions averaged over a twelve-month | 26964 |
| rolling period. | 26965 |
| Best available technology requirements shall not apply to an | 26966 |
| air contaminant source that has the potential to emit, taking into | 26967 |
| account air pollution controls installed on the source, less than | 26968 |
| ten tons per year of emissions of an air contaminant or precursor | 26969 |
| of an air contaminant for which a national ambient air quality | 26970 |
| standard has been adopted under the federal Clean Air Act. In | 26971 |
| addition, best available technology requirements established in | 26972 |
| rules adopted under this division shall not apply to any existing, | 26973 |
| new, or modified air contaminant source that is subject to a | 26974 |
| plant-wide applicability limit that has been approved by the | 26975 |
| director. Further, best available technology requirements | 26976 |
| established in rules adopted under this division shall not apply | 26977 |
| to general permits issued prior to January 1, 2006, under rules | 26978 |
| adopted under this chapter. | 26979 |
| For permits to install issued three or more years after | 26980 |
| 26981 | |
| modified air contaminant source that has the potential to emit, | 26982 |
| taking into account air pollution controls installed on the | 26983 |
| source, ten or more tons per year of volatile organic compounds or | 26984 |
| nitrogen oxides shall meet, at a minimum, the requirements of any | 26985 |
| applicable reasonably available control technology rule in effect | 26986 |
| as of January 1, 2006, regardless of the location of the source. | 26987 |
| (U) Consistent with section 507 of the federal Clean Air Act, | 26988 |
| adopt, modify, suspend, and rescind rules for the establishment of | 26989 |
| a small business stationary source technical and environmental | 26990 |
| compliance assistance program as provided in section 3704.18 of | 26991 |
| the Revised Code; | 26992 |
| (V) Provide for emissions trading, marketable permits, | 26993 |
| auctions of emission rights, and economic incentives that would | 26994 |
| reduce the cost or increase the efficiency of achieving a | 26995 |
| specified level of environmental protection; | 26996 |
| (W) Provide for the construction of an air contaminant source | 26997 |
| prior to obtaining a permit to install pursuant to division (F) of | 26998 |
| this section if the applicant demonstrates that the source will be | 26999 |
| installed to comply with all applicable emission limits and will | 27000 |
| not adversely affect public health or safety or the environment | 27001 |
| and if the director determines that such an action will avoid an | 27002 |
| unreasonable hardship on the owner or operator of the source. Any | 27003 |
| such determination shall be consistent with the federal Clean Air | 27004 |
| Act. | 27005 |
| (X) Exercise all incidental powers, including adoption of | 27006 |
| rules, required to carry out this chapter. | 27007 |
| The environmental protection agency shall develop a plan to | 27008 |
| control air pollution resulting from state-operated facilities and | 27009 |
| property. | 27010 |
| Sec. 3704.14. (A) The director of environmental protection | 27011 |
| shall continue to implement an enhanced motor vehicle inspection | 27012 |
| and maintenance program for a period of two years beginning on | 27013 |
| January 1, | 27014 |
| counties in which a motor vehicle inspection and maintenance | 27015 |
| program is federally mandated. The program shall be substantially | 27016 |
| similar to the enhanced program implemented in those counties | 27017 |
| under a contract that is scheduled to expire on December 31, | 27018 |
| 2007. The program, at a minimum, shall do all of the following: | 27019 |
| (1) Comply with the federal Clean Air Act; | 27020 |
| (2) Provide for the extension of a contract for a period of | 27021 |
| two years, beginning on January 1, | 27022 |
| December 31, | 27023 |
| enhanced motor vehicle inspection and maintenance program in those | 27024 |
| 27025 | |
| January 3, 2006, pursuant to a contract entered into | 27026 |
| 27027 | |
| 27028 | |
| 27029 |
| (3) Provide for the issuance of inspection certificates; | 27030 |
| (4) Provide for a new car exemption for motor vehicles four | 27031 |
| years old or newer and provide that a new motor vehicle is exempt | 27032 |
| for four years regardless of whether legal title to the motor | 27033 |
| vehicle is transferred during that period. | 27034 |
|
(B) | 27035 |
| 27036 | |
| 27037 | |
| 27038 |
| | 27039 |
| 119. of the Revised Code that the director determines are | 27040 |
| necessary to implement this section. The director may continue to | 27041 |
| implement and enforce rules pertaining to the enhanced motor | 27042 |
| vehicle inspection and maintenance program previously implemented | 27043 |
| under former section 3704.14 of the Revised Code as that section | 27044 |
| existed prior to its repeal and reenactment by Am. Sub. H.B. 66 of | 27045 |
| the 126th general assembly, provided that the rules do not | 27046 |
| conflict with this section. | 27047 |
| | 27048 |
| motor vehicle inspection and maintenance fund, which shall consist | 27049 |
| of money received by the director from any fees for inspections | 27050 |
| that are established in rules adopted under this section. The | 27051 |
| director shall use money in the fund solely for the | 27052 |
| implementation, supervision, administration, operation, and | 27053 |
| enforcement of the enhanced motor vehicle inspection and | 27054 |
| maintenance program established under this section. | 27055 |
| | 27056 |
| program established under this section expires on December 31, | 27057 |
| 27058 | |
| otherwise federally mandated. | 27059 |
| (E) Notwithstanding divisions (A) to (D) of this section, the | 27060 |
| director shall not implement an enhanced motor vehicle inspection | 27061 |
| and maintenance program and no such program shall be operated in | 27062 |
| an area of the state where such a program was not in operation on | 27063 |
| January 3, 2006, pursuant to a contract entered into by this state | 27064 |
| unless both of following apply: | 27065 |
| (1) The program is required in the approved state | 27066 |
| implementation plan; and | 27067 |
| (2) After January 3, 2006, the United States environmental | 27068 |
| protection agency has expressly notified the director in writing | 27069 |
| that the failure to operate the program in a specific area will | 27070 |
| result in the imposition of sanctions under the federal Clean Air | 27071 |
| Act. | 27072 |
| Sec. 3705.24. (A)(1) The public health council shall, in | 27073 |
| accordance with section 111.15 of the Revised Code, adopt rules | 27074 |
| prescribing fees for the following services provided by the state | 27075 |
| office of vital statistics: | 27076 |
| (a) Except as provided in division (A)(4) of this section: | 27077 |
| (i) A certified copy of a vital record or a certification of | 27078 |
| birth; | 27079 |
| (ii) A search by the office of vital statistics of its files | 27080 |
| and records pursuant to a request for information, regardless of | 27081 |
| whether a copy of a record is provided; | 27082 |
| (iii) A copy of a record provided pursuant to a request; | 27083 |
| (b) Replacement of a birth certificate following an adoption, | 27084 |
| legitimation, paternity determination or acknowledgement, or court | 27085 |
| order; | 27086 |
| (c) Filing of a delayed registration of a vital record; | 27087 |
| (d) Amendment of a vital record that is requested later than | 27088 |
| one year after the filing date of the vital record; | 27089 |
| (e) Any other documents or services for which the public | 27090 |
| health council considers the charging of a fee appropriate. | 27091 |
| (2) Fees prescribed under division (A)(1)(a) of this section | 27092 |
| shall not be less than seven dollars. | 27093 |
| (3) Fees prescribed under division (A)(1) of this section | 27094 |
| shall be collected in addition to any fees required by sections | 27095 |
| 3109.14 and 3705.242 of the Revised Code. | 27096 |
| (4) Fees prescribed under division (A) of this section shall | 27097 |
| not apply to certifications issued under division (H) of this | 27098 |
| section or copies provided under section 3705.241 of the Revised | 27099 |
| Code. | 27100 |
| (B) In addition to the fees prescribed under division (A) of | 27101 |
| this section or section 3709.09 of the Revised Code, the office of | 27102 |
| vital statistics or the board of health of a city or general | 27103 |
| health district shall charge a five-dollar fee for each certified | 27104 |
| copy of a vital record and each certification of birth. This fee | 27105 |
| shall be deposited in the general operations fund created under | 27106 |
| section 3701.83 of the Revised Code and be used | 27107 |
| support the operations, the modernization, and the automation of | 27108 |
| the | 27109 |
| health shall forward all fees collected under this division to the | 27110 |
| department of health not later than thirty days after the end of | 27111 |
| each calendar quarter. | 27112 |
| (C) Except as otherwise provided in division (H) of this | 27113 |
| section, and except as provided in section 3705.241 of the Revised | 27114 |
| Code, fees collected by the director of health under sections | 27115 |
| 3705.01 to 3705.29 of the Revised Code shall be paid into the | 27116 |
| state treasury to the credit of the general operations fund | 27117 |
| created by section 3701.83 of the Revised Code. Except as | 27118 |
| provided in division (B) of this section, money generated by the | 27119 |
| fees shall be used only for administration and enforcement of this | 27120 |
| chapter and the rules adopted under it. Amounts submitted to the | 27121 |
| department of health for copies of vital records or services in | 27122 |
| excess of the fees imposed by this section shall be dealt with as | 27123 |
| follows: | 27124 |
| (1) An overpayment of two dollars or less shall be retained | 27125 |
| by the department and deposited in the state treasury to the | 27126 |
| credit of the general operations fund created by section 3701.83 | 27127 |
| of the Revised Code. | 27128 |
| (2) An overpayment in excess of two dollars shall be returned | 27129 |
| to the person who made the overpayment. | 27130 |
| (D) If a local registrar is a salaried employee of a city or | 27131 |
| a general health district, any fees the local registrar receives | 27132 |
| pursuant to section 3705.23 of the Revised Code shall be paid into | 27133 |
| the general fund of the city or the health fund of the general | 27134 |
| health district. | 27135 |
| Each local registrar of vital statistics, or each health | 27136 |
| district where the local registrar is a salaried employee of the | 27137 |
| district, shall be entitled to a fee for each birth, fetal death, | 27138 |
| death, or military service certificate properly and completely | 27139 |
| made out and registered with the local registrar or district and | 27140 |
| correctly copied and forwarded to the office of vital statistics | 27141 |
| in accordance with the population of the primary registration | 27142 |
| district at the last federal census. The fee for each birth, fetal | 27143 |
| death, death, or military service certificate shall be: | 27144 |
| (1) In primary registration districts of over two hundred | 27145 |
| fifty thousand, twenty cents; | 27146 |
| (2) In primary registration districts of over one hundred | 27147 |
| twenty-five thousand and less than two hundred fifty thousand, | 27148 |
| sixty cents; | 27149 |
| (3) In primary registration districts of over fifty thousand | 27150 |
| and less than one hundred twenty-five thousand, eighty cents; | 27151 |
| (4) In primary registration districts of less than fifty | 27152 |
| thousand, one dollar. | 27153 |
| (E) The director of health shall annually certify to the | 27154 |
| county treasurers of the several counties the number of birth, | 27155 |
| fetal death, death, and military service certificates registered | 27156 |
| from their respective counties with the names of the local | 27157 |
| registrars and the amounts due each registrar and health district | 27158 |
| at the rates fixed in this section. Such amounts shall be paid by | 27159 |
| the treasurer of the county in which the registration districts | 27160 |
| are located. No fees shall be charged or collected by registrars | 27161 |
| except as provided by this chapter and section 3109.14 of the | 27162 |
| Revised Code. | 27163 |
| (F) A probate judge shall be paid a fee of fifteen cents for | 27164 |
| each certified abstract of marriage prepared and forwarded by the | 27165 |
| probate judge to the department of health pursuant to section | 27166 |
| 3705.21 of the Revised Code. The fee shall be in addition to the | 27167 |
| fee paid for a marriage license and shall be paid by the | 27168 |
| applicants for the license. | 27169 |
| (G) The clerk of a court of common pleas shall be paid a fee | 27170 |
| of one dollar for each certificate of divorce, dissolution, and | 27171 |
| annulment of marriage prepared and forwarded by the clerk to the | 27172 |
| department pursuant to section 3705.21 of the Revised Code. The | 27173 |
| fee for the certified abstract of divorce, dissolution, or | 27174 |
| annulment of marriage shall be added to the court costs allowed in | 27175 |
| these cases. | 27176 |
| (H) The fee for an heirloom certification of birth issued | 27177 |
| pursuant to division (B)(2) of section 3705.23 of the Revised Code | 27178 |
| shall be an amount prescribed by rule by the director of health | 27179 |
| plus any fee required by section 3109.14 of the Revised Code. In | 27180 |
| setting the amount of the fee, the director shall establish a | 27181 |
| surcharge in addition to an amount necessary to offset the expense | 27182 |
| of processing heirloom certifications of birth. The fee prescribed | 27183 |
| by the director of health pursuant to this division shall be | 27184 |
| deposited into the state treasury to the credit of the heirloom | 27185 |
| certification of birth fund which is hereby created. Money | 27186 |
| credited to the fund shall be used by the office of vital | 27187 |
| statistics to offset the expense of processing heirloom | 27188 |
| certifications of birth. However, the money collected for the | 27189 |
| surcharge, subject to the approval of the controlling board, shall | 27190 |
| be used for the purposes specified by the family and children | 27191 |
| first council pursuant to section 121.37 of the Revised Code. | 27192 |
| Sec. 3709.09. (A) The board of health of a city or general | 27193 |
| health district may, by rule, establish a uniform system of fees | 27194 |
| to pay the costs of any services provided by the board. | 27195 |
| The fee for issuance of a certified copy of a vital record or | 27196 |
| a certification of birth shall not be less than the fee prescribed | 27197 |
| for the same service under division (A)(1) of section 3705.24 of | 27198 |
| the Revised Code and shall include the fees required by division | 27199 |
| (B) of section 3705.24 and section 3109.14 of the Revised Code. | 27200 |
| Fees for services provided by the board for purposes | 27201 |
| specified in
sections 3701.344, 3711.05, | 27202 |
| 3730.03, 3733.04, 3733.25, and 3749.04 of the Revised Code shall | 27203 |
| be established in accordance with rules adopted under division (B) | 27204 |
| of this section. The district advisory council, in the case of a | 27205 |
| general health district, and the legislative authority of the | 27206 |
| city, in the case of a city health district, may disapprove any | 27207 |
| fee established by the board of health under this division, and | 27208 |
| any such fee, as disapproved, shall not be charged by the board of | 27209 |
| health. | 27210 |
| (B) The public health council shall adopt rules under section | 27211 |
| 111.15 of the Revised Code that establish fee categories and | 27212 |
| uniform methodologies for use in calculating the costs of services | 27213 |
| provided for purposes specified in sections 3701.344, 3711.05, | 27214 |
| 27215 | |
| Revised Code. In adopting the rules, the public health council | 27216 |
| shall consider recommendations it receives from advisory boards | 27217 |
| established either by statute or the director of health for | 27218 |
| entities subject to the fees. | 27219 |
| (C) At least thirty days prior to establishing a fee for a | 27220 |
| service provided by the board for a purpose specified in section | 27221 |
|
3701.344, 3711.05, | 27222 |
| 3749.04 of the Revised Code, a board of health shall notify any | 27223 |
| entity that would be affected by the proposed fee of the amount of | 27224 |
| the proposed fee. | 27225 |
| Sec. 3709.091. (A) As used in this section: | 27226 |
| (1) "Household sewage
| 27227 |
| sewage disposal or treatment system, or part of such a system, for | 27228 |
| a single-family, two-family, or three-family dwelling that | 27229 |
| receives sewage. | 27230 |
| (2) "Sewage" means any liquid waste containing animal or | 27231 |
| vegetable matter in suspension or solution that originates from | 27232 |
| 27233 | |
| 27234 | |
| 27235 | |
| 27236 |
| | 27237 |
| 27238 | |
| 27239 | |
| 27240 | |
| 27241 | |
| 27242 | |
| 27243 | |
| lavatories, bathtubs, laundry tubs or devices, floor drains, | 27244 |
| drinking fountains, or other sanitary fixtures and may include | 27245 |
| liquid containing chemicals in solution. | 27246 |
| (B) If any owner, leaseholder, or assignee of real property | 27247 |
| fails to pay a fee as required by rule of a board of health of a | 27248 |
| city or general health district pursuant to section 3709.09 of the | 27249 |
| Revised Code for an operation permit for, or for inspection of, a | 27250 |
|
household sewage
| 27251 |
| 27252 | |
| commissioner of the city or general health district or the | 27253 |
| commissioner's designated representative shall notify the owner, | 27254 |
| leaseholder, or assignee of the real property of the amount of the | 27255 |
| fee and any accrued penalties for late payment of the fee. The | 27256 |
| notice shall state, in boldface letters: "You have 30 days to | 27257 |
| object to the amount of the unpaid operation permit or inspection | 27258 |
| fee for your
household sewage
| 27259 |
| 27260 | |
| in this notice, which may include accrued penalties for late | 27261 |
| payment of the fee. If you do not pay this amount as instructed | 27262 |
| herein within 30 days of receipt of this notice or object to this | 27263 |
| amount during that time period in accordance with the procedures | 27264 |
| set forth herein, the amount will be placed as a lien on your real | 27265 |
| property." The notice also shall explain how the owner, | 27266 |
| leaseholder, or assignee may pay the amount, or object to the | 27267 |
| amount in accordance with the procedures established by divisions | 27268 |
| (C) and (D) of this section. | 27269 |
| Notice to the owner, leaseholder, or assignee shall be made | 27270 |
| by either of the following: | 27271 |
| (1) Certified mail, overnight delivery service, hand | 27272 |
| delivery, or any other method that includes written evidence of | 27273 |
| receipt; | 27274 |
| (2) The sheriff of the county in which the owner, | 27275 |
| leaseholder, or assignee to be served resides, in one or more of | 27276 |
| the methods provided in the Ohio Rules of Civil Procedure. The | 27277 |
| sheriff may charge reasonable fees for that service. | 27278 |
| (C) Not later than thirty days after receipt under division | 27279 |
| (B) of this section of notification of the amount of an unpaid | 27280 |
| operation permit or inspection fee and any accrued late payment | 27281 |
| penalties, the owner, leaseholder, or assignee may object to the | 27282 |
| amount by delivering a written notice of objection to the health | 27283 |
| commissioner by any of the means provided for in division (B)(1) | 27284 |
| of this section. Not later than sixty days after receipt of the | 27285 |
| notice of objection, the county prosecutor, on behalf of the city | 27286 |
| or general health district, may file a civil action in the court | 27287 |
| of common pleas against the owner, leaseholder, or assignee. If | 27288 |
| the county prosecutor fails to commence suit within the sixty-day | 27289 |
| period, or if the action is commenced, but dismissed with | 27290 |
| prejudice before adjudication, the unpaid fee and any accrued late | 27291 |
| payment penalties are void and cannot be placed on the general tax | 27292 |
| list and duplicate as a lien against the real property. | 27293 |
| (D) If, in accordance with division (C) of this section, the | 27294 |
| owner, leaseholder, or assignee objects to the amount of the | 27295 |
| unpaid operation permit or inspection fee and any accrued late | 27296 |
| payment penalties and the county prosecutor commences suit and | 27297 |
| prevails in the action, the owner, leaseholder, or assignee | 27298 |
| objecting shall pay the amount of the fee, any accrued late | 27299 |
| payment penalties, and the costs of the action, as determined by | 27300 |
| the court. | 27301 |
| (E) If the owner, leaseholder, or assignee on which the | 27302 |
| notice required by division (B) of this section was served does | 27303 |
| not pay to the city or general health district the amount of an | 27304 |
| unpaid operation permit or inspection fee and any accrued late | 27305 |
| payment penalties within thirty days after receipt of the notice, | 27306 |
| or does not object to the amount in the manner provided in | 27307 |
| division (C) of this section, the health commissioner of the city | 27308 |
| or general health district or the commissioner's designated | 27309 |
| representative may certify, on or before the first Monday of | 27310 |
| September, the amount of the unpaid fee and any accrued late | 27311 |
| payment penalties to the county auditor to be placed on the | 27312 |
| general tax list and duplicate as provided in section 319.281 of | 27313 |
| the Revised Code. | 27314 |
| Sec. 3721.51. The department of job and family services | 27315 |
| shall do all of the following: | 27316 |
| (A) Subject to division (C) of this section and for the | 27317 |
| purposes specified in sections 3721.56 and 3721.561 of the Revised | 27318 |
| Code, determine an annual franchise permit fee on each nursing | 27319 |
| home in an amount equal to
six dollars and twenty-five cents
| 27320 |
| 27321 | |
| 27322 |
| (1) The number of beds licensed as nursing home beds, plus | 27323 |
| any other beds certified as skilled nursing facility beds under | 27324 |
| Title XVIII or nursing facility beds under Title XIX on the first | 27325 |
| day of May of the calendar year in which the fee is determined | 27326 |
| pursuant to division (A) of section 3721.53 of the Revised Code; | 27327 |
| (2) The number of days in the fiscal year beginning on the | 27328 |
| first day of July of the calendar year in which the fee is | 27329 |
| determined pursuant to division (A) of section 3721.53 of the | 27330 |
| Revised Code. | 27331 |
| (B) Subject to division (C) of this section and for the | 27332 |
| purposes specified in sections 3721.56 and 3721.561 of the Revised | 27333 |
| Code, determine an annual franchise permit fee on each hospital in | 27334 |
| an amount equal to
six dollars and twenty-five cents | 27335 |
| 27336 | |
| 27337 |
| (1) The number of beds registered pursuant to section 3701.07 | 27338 |
| of the Revised Code as skilled nursing facility beds or long-term | 27339 |
| care beds, plus any other beds licensed as nursing home beds under | 27340 |
| section 3721.02 or 3721.09 of the Revised Code, on the first day | 27341 |
| of May of the calendar year in which the fee is determined | 27342 |
| pursuant to division (A) of section 3721.53 of the Revised Code; | 27343 |
| (2) The number of days in the fiscal year beginning on the | 27344 |
| first day of July of the calendar year in which the fee is | 27345 |
| determined pursuant to division (A) of section 3721.53 of the | 27346 |
| Revised Code. | 27347 |
| (C) If the United States centers for medicare and medicaid | 27348 |
| services determines that the franchise permit fee established by | 27349 |
| sections 3721.50 to 3721.58 of the Revised Code is an | 27350 |
| impermissible health care related tax under section 1903(w) of the | 27351 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as | 27352 |
| amended, take all necessary actions to cease implementation of | 27353 |
| sections 3721.50 to 3721.58 of the Revised Code in accordance with | 27354 |
| rules adopted under section 3721.58 of the Revised Code. | 27355 |
| Sec. 3721.541. (A) In addition to assessing a penalty | 27356 |
| pursuant to section 3721.54 of the Revised Code, the department of | 27357 |
| job and family services may do either or both of the following if | 27358 |
| a nursing facility or hospital fails to pay the full amount of a | 27359 |
| franchise permit fee installment when due: | 27360 |
|
(1) | 27361 |
| installment and penalty assessed under section 3721.54 of the | 27362 |
| Revised Code from a medicaid payment due the nursing facility or | 27363 |
| hospital | 27364 |
| 27365 |
| (2) Terminate the nursing facility or hospital's medicaid | 27366 |
| provider agreement. | 27367 |
|
(B) The department may | 27368 |
| under division (A)(1) of this section without providing notice to | 27369 |
| the nursing facility or hospital and without conducting an | 27370 |
| adjudication under Chapter 119. of the Revised Code. | 27371 |
| Sec. 3721.56. There is hereby created in the state treasury | 27372 |
| the home- and community-based services for the aged fund. Sixteen | 27373 |
| per cent of all payments and penalties paid by nursing homes and | 27374 |
| hospitals under sections 3721.53 and 3721.54 of the Revised Code | 27375 |
| 27376 | |
| 27377 | |
| into the fund. The departments of job and family services and | 27378 |
| aging shall use the moneys in the fund to fund the following in | 27379 |
| accordance with rules adopted under section 3721.58 of the Revised | 27380 |
| Code: | 27381 |
| (A) The medicaid program established under Chapter 5111. of | 27382 |
| the Revised Code, including the PASSPORT program established under | 27383 |
| section 173.40 of the Revised Code; | 27384 |
| (B) The residential state supplement program established | 27385 |
| under section 173.35 of the Revised Code. | 27386 |
| Sec. 3734.57. (A) The following fees are hereby levied on | 27387 |
| the transfer or disposal of solid wastes in this state: | 27388 |
| (1) One dollar per ton on and after July 1, 2003, through | 27389 |
| June 30, | 27390 |
| deposited in the state treasury to the credit of the hazardous | 27391 |
| waste facility management fund created in section 3734.18 of the | 27392 |
| Revised Code and one-half of the proceeds of which shall be | 27393 |
| deposited in the state treasury to the credit of the hazardous | 27394 |
| waste clean-up fund created in section 3734.28 of the Revised | 27395 |
| Code; | 27396 |
| (2) An additional one dollar per ton on and after July 1, | 27397 |
| 2003, through June 30,
| 27398 |
| deposited in the state treasury to the credit of the solid waste | 27399 |
| fund, which is hereby created. The environmental protection agency | 27400 |
| shall use money in the solid waste fund to pay the costs of | 27401 |
| administering and enforcing the laws pertaining to solid wastes, | 27402 |
| infectious wastes, and construction and demolition debris, | 27403 |
| including, without limitation, ground water evaluations related to | 27404 |
| solid wastes, infectious wastes, and construction and demolition | 27405 |
| debris, under this chapter and Chapter 3714. of the Revised Code | 27406 |
| and any rules adopted under them, providing compliance assistance | 27407 |
| to small businesses, and paying a share of the administrative | 27408 |
| costs of the environmental protection agency pursuant to section | 27409 |
| 3745.014 of the Revised Code. | 27410 |
| (3) An additional one dollar and fifty cents per ton on and | 27411 |
| after July 1, 2005, through June 30, | 27412 |
| which shall be deposited in the state treasury to the credit of | 27413 |
| the environmental protection fund created in section 3745.015 of | 27414 |
| the Revised Code. | 27415 |
| In the case of solid wastes that are taken to a solid waste | 27416 |
| transfer facility located in this state prior to being transported | 27417 |
| for disposal at a solid waste disposal facility located in this | 27418 |
| state or outside of this state, the fees levied under this | 27419 |
| division shall be collected by the owner or operator of the | 27420 |
| transfer facility as a trustee for the state. The amount of fees | 27421 |
| required to be collected under this division at such a transfer | 27422 |
| facility shall equal the total tonnage of solid wastes received at | 27423 |
| the facility multiplied by the fees levied under this division. In | 27424 |
| the case of solid wastes that are not taken to a solid waste | 27425 |
| transfer facility located in this state prior to being transported | 27426 |
| to a solid waste disposal facility, the fees shall be collected by | 27427 |
| the owner or operator of the solid waste disposal facility as a | 27428 |
| trustee for the state. The amount of fees required to be collected | 27429 |
| under this division at such a disposal facility shall equal the | 27430 |
| total tonnage of solid wastes received at the facility that was | 27431 |
| not previously taken to a solid waste transfer facility located in | 27432 |
| this state multiplied by the fees levied under this division. Fees | 27433 |
| levied under this division do not apply to materials separated | 27434 |
| from a mixed waste stream for recycling by a generator or | 27435 |
| materials removed from the solid waste stream through recycling, | 27436 |
| as "recycling" is defined in rules adopted under section 3734.02 | 27437 |
| of the Revised Code. | 27438 |
| The owner or operator of a solid waste transfer facility or | 27439 |
| disposal facility, as applicable, shall prepare and file with the | 27440 |
| director of environmental protection each month a return | 27441 |
| indicating the total tonnage of solid wastes received at the | 27442 |
| facility during that month and the total amount of the fees | 27443 |
| required to be collected under this division during that month. In | 27444 |
| addition, the owner or operator of a solid waste disposal facility | 27445 |
| shall indicate on the return the total tonnage of solid wastes | 27446 |
| received from transfer facilities located in this state during | 27447 |
| that month for which the fees were required to be collected by the | 27448 |
| transfer facilities. The monthly returns shall be filed on a form | 27449 |
| prescribed by the director. Not later than thirty days after the | 27450 |
| last day of the month to which a return applies, the owner or | 27451 |
| operator shall mail to the director the return for that month | 27452 |
| together with the fees required to be collected under this | 27453 |
| division during that month as indicated on the return. If the | 27454 |
| return is filed and the amount of the fees due is paid in a timely | 27455 |
| manner as required in this division, the owner or operator may | 27456 |
| retain a discount of three-fourths of one per cent of the total | 27457 |
| amount of the fees that are required to be paid as indicated on | 27458 |
| the return. | 27459 |
| The owner or operator may request an extension of not more | 27460 |
| than thirty days for filing the return and remitting the fees, | 27461 |
| provided that the owner or operator has submitted such a request | 27462 |
| in writing to the director together with a detailed description of | 27463 |
| why the extension is requested, the director has received the | 27464 |
| request not later than the day on which the return is required to | 27465 |
| be filed, and the director has approved the request. If the fees | 27466 |
| are not remitted within thirty days after the last day of the | 27467 |
| month to which the return applies or are not remitted by the last | 27468 |
| day of an extension approved by the director, the owner or | 27469 |
| operator shall not retain the three-fourths of one per cent | 27470 |
| discount and shall pay an additional ten per cent of the amount of | 27471 |
| the fees for each month that they are late. For purposes of | 27472 |
| calculating the late fee, the first month in which fees are late | 27473 |
| begins on the first day after the deadline has passed for timely | 27474 |
| submitting the return and fees, and one additional month shall be | 27475 |
| counted every thirty days thereafter. | 27476 |
| The owner or operator of a solid waste facility may request a | 27477 |
| refund or credit of fees levied under this division and remitted | 27478 |
| to the director that have not been paid to the owner or operator. | 27479 |
| Such a request shall be made only if the fees have not been | 27480 |
| collected by the owner or operator, have become a debt that has | 27481 |
| become worthless or uncollectable for a period of six months or | 27482 |
| more, and may be claimed as a deduction, including a deduction | 27483 |
| claimed if the owner or operator keeps accounts on an accrual | 27484 |
| basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26 | 27485 |
| U.S.C. 166, as amended, and regulations adopted under it. Prior to | 27486 |
| making a request for a refund or credit, an owner or operator | 27487 |
| shall make reasonable efforts to collect the applicable fees. A | 27488 |
| request for a refund or credit shall not include any costs | 27489 |
| resulting from those efforts to collect unpaid fees. | 27490 |
| A request for a refund or credit of fees shall be made in | 27491 |
| writing, on a form prescribed by the director, and shall be | 27492 |
| supported by evidence that may be required in rules adopted by the | 27493 |
| director under this chapter. After reviewing the request, and if | 27494 |
| the request and evidence submitted with the request indicate that | 27495 |
| a refund or credit is warranted, the director shall grant a refund | 27496 |
| to the owner or operator or shall permit a credit to be taken by | 27497 |
| the owner or operator on a subsequent monthly return submitted by | 27498 |
| the owner or operator. The amount of a refund or credit shall not | 27499 |
| exceed an amount that is equal to ninety days' worth of fees owed | 27500 |
| to an owner or operator by a particular debtor of the owner or | 27501 |
| operator. A refund or credit shall not be granted by the director | 27502 |
| to an owner or operator more than once in any twelve-month period | 27503 |
| for fees owed to the owner or operator by a particular debtor. | 27504 |
| If, after receiving a refund or credit from the director, an | 27505 |
| owner or operator receives payment of all or part of the fees, the | 27506 |
| owner or operator shall remit the fees with the next monthly | 27507 |
| return submitted to the director together with a written | 27508 |
| explanation of the reason for the submittal. | 27509 |
| For purposes of computing the fees levied under this division | 27510 |
| or division (B) of this section, any solid waste transfer or | 27511 |
| disposal facility that does not use scales as a means of | 27512 |
| determining gate receipts shall use a conversion factor of three | 27513 |
| cubic yards per ton of solid waste or one cubic yard per ton for | 27514 |
| baled waste, as applicable. | 27515 |
| The fees levied under this division and divisions (B) and (C) | 27516 |
| of this section are in addition to all other applicable fees and | 27517 |
| taxes and shall be paid by the customer or a political subdivision | 27518 |
| to the owner or operator of a solid waste transfer or disposal | 27519 |
| facility notwithstanding the existence of any provision in a | 27520 |
| contract that the customer or a political subdivision may have | 27521 |
| with the owner or operator or with a transporter of waste to the | 27522 |
| facility that would not require or allow such payment. | 27523 |
| (B) For the purposes specified in division (G) of this | 27524 |
| section, the solid waste management policy committee of a county | 27525 |
| or joint solid waste management district may levy fees upon the | 27526 |
| following activities: | 27527 |
| (1) The disposal at a solid waste disposal facility located | 27528 |
| in the district of solid wastes generated within the district; | 27529 |
| (2) The disposal at a solid waste disposal facility within | 27530 |
| the district of solid wastes generated outside the boundaries of | 27531 |
| the district, but inside this state; | 27532 |
| (3) The disposal at a solid waste disposal facility within | 27533 |
| the district of solid wastes generated outside the boundaries of | 27534 |
| this state. | 27535 |
| The solid waste management plan of the county or joint | 27536 |
| district approved under section 3734.521 or 3734.55 of the Revised | 27537 |
| Code and any amendments to it, or the resolution adopted under | 27538 |
| this division, as appropriate, shall establish the rates of the | 27539 |
| fees levied under divisions (B)(1), (2), and (3) of this section, | 27540 |
| if any, and shall specify whether the fees are levied on the basis | 27541 |
| of tons or cubic yards as the unit of measurement. A solid waste | 27542 |
| management district that levies fees under this division on the | 27543 |
| basis of cubic yards shall do so in accordance with division (A) | 27544 |
| of this section. | 27545 |
| The fee levied under division (B)(1) of this section shall be | 27546 |
| not less than one dollar per ton nor more than two dollars per | 27547 |
| ton, the fee levied under division (B)(2) of this section shall be | 27548 |
| not less than two dollars per ton nor more than four dollars per | 27549 |
| ton, and the fee levied under division (B)(3) of this section | 27550 |
| shall be not more than the fee levied under division (B)(1) of | 27551 |
| this section. | 27552 |
| Prior to the approval of the solid waste management plan of a | 27553 |
| district under section 3734.55 of the Revised Code, the solid | 27554 |
| waste management policy committee of a district may levy fees | 27555 |
| under this division by adopting a resolution establishing the | 27556 |
| proposed amount of the fees. Upon adopting the resolution, the | 27557 |
| committee shall deliver a copy of the resolution to the board of | 27558 |
| county commissioners of each county forming the district and to | 27559 |
| the legislative authority of each municipal corporation and | 27560 |
| township under the jurisdiction of the district and shall prepare | 27561 |
| and publish the resolution and a notice of the time and location | 27562 |
| where a public hearing on the fees will be held. Upon adopting the | 27563 |
| resolution, the committee shall deliver written notice of the | 27564 |
| adoption of the resolution; of the amount of the proposed fees; | 27565 |
| and of the date, time, and location of the public hearing to the | 27566 |
| director and to the fifty industrial, commercial, or institutional | 27567 |
| generators of solid wastes within the district that generate the | 27568 |
| largest quantities of solid wastes, as determined by the | 27569 |
| committee, and to their local trade associations. The committee | 27570 |
| shall make good faith efforts to identify those generators within | 27571 |
| the district and their local trade associations, but the | 27572 |
| nonprovision of notice under this division to a particular | 27573 |
| generator or local trade association does not invalidate the | 27574 |
| proceedings under this division. The publication shall occur at | 27575 |
| least thirty days before the hearing. After the hearing, the | 27576 |
| committee may make such revisions to the proposed fees as it | 27577 |
| considers appropriate and thereafter, by resolution, shall adopt | 27578 |
| the revised fee schedule. Upon adopting the revised fee schedule, | 27579 |
| the committee shall deliver a copy of the resolution doing so to | 27580 |
| the board of county commissioners of each county forming the | 27581 |
| district and to the legislative authority of each municipal | 27582 |
| corporation and township under the jurisdiction of the district. | 27583 |
| Within sixty days after the delivery of a copy of the resolution | 27584 |
| adopting the proposed revised fees by the policy committee, each | 27585 |
| such board and legislative authority, by ordinance or resolution, | 27586 |
| shall approve or disapprove the revised fees and deliver a copy of | 27587 |
| the ordinance or resolution to the committee. If any such board or | 27588 |
| legislative authority fails to adopt and deliver to the policy | 27589 |
| committee an ordinance or resolution approving or disapproving the | 27590 |
| revised fees within sixty days after the policy committee | 27591 |
| delivered its resolution adopting the proposed revised fees, it | 27592 |
| shall be conclusively presumed that the board or legislative | 27593 |
| authority has approved the proposed revised fees. The committee | 27594 |
| shall determine if the resolution has been ratified in the same | 27595 |
| manner in which it determines if a draft solid waste management | 27596 |
| plan has been ratified under division (B) of section 3734.55 of | 27597 |
| the Revised Code. | 27598 |
| The committee may amend the schedule of fees levied pursuant | 27599 |
| to a resolution adopted and ratified under this division by | 27600 |
| adopting a resolution establishing the proposed amount of the | 27601 |
| amended fees. The committee may repeal the fees levied pursuant to | 27602 |
| such a resolution by adopting a resolution proposing to repeal | 27603 |
| them. Upon adopting such a resolution, the committee shall proceed | 27604 |
| to obtain ratification of the resolution in accordance with this | 27605 |
| division. | 27606 |
| Not later than fourteen days after declaring the new fees to | 27607 |
| be ratified or the fees to be repealed under this division, the | 27608 |
| committee shall notify by certified mail the owner or operator of | 27609 |
| each solid waste disposal facility that is required to collect the | 27610 |
| fees of the ratification and the amount of the fees or of the | 27611 |
| repeal of the fees. Collection of any fees shall commence or | 27612 |
| collection of repealed fees shall cease on the first day of the | 27613 |
| second month following the month in which notification is sent to | 27614 |
| the owner or operator. | 27615 |
| Fees levied under this division also may be established, | 27616 |
| amended, or repealed by a solid waste management policy committee | 27617 |
| through the adoption of a new district solid waste management | 27618 |
| plan, the adoption of an amended plan, or the amendment of the | 27619 |
| plan or amended plan in accordance with sections 3734.55 and | 27620 |
| 3734.56 of the Revised Code or the adoption or amendment of a | 27621 |
| district plan in connection with a change in district composition | 27622 |
| under section 3734.521 of the Revised Code. | 27623 |
| Not later than fourteen days after the director issues an | 27624 |
| order approving a district's solid waste management plan, amended | 27625 |
| plan, or amendment to a plan or amended plan that establishes, | 27626 |
| amends, or repeals a schedule of fees levied by the district, the | 27627 |
| committee shall notify by certified mail the owner or operator of | 27628 |
| each solid waste disposal facility that is required to collect the | 27629 |
| fees of the approval of the plan or amended plan, or the amendment | 27630 |
| to the plan, as appropriate, and the amount of the fees, if any. | 27631 |
| In the case of an initial or amended plan approved under section | 27632 |
| 3734.521 of the Revised Code in connection with a change in | 27633 |
| district composition, other than one involving the withdrawal of a | 27634 |
| county from a joint district, the committee, within fourteen days | 27635 |
| after the change takes effect pursuant to division (G) of that | 27636 |
| section, shall notify by certified mail the owner or operator of | 27637 |
| each solid waste disposal facility that is required to collect the | 27638 |
| fees that the change has taken effect and of the amount of the | 27639 |
| fees, if any. Collection of any fees shall commence or collection | 27640 |
| of repealed fees shall cease on the first day of the second month | 27641 |
| following the month in which notification is sent to the owner or | 27642 |
| operator. | 27643 |
| If, in the case of a change in district composition involving | 27644 |
| the withdrawal of a county from a joint district, the director | 27645 |
| completes the actions required under division (G)(1) or (3) of | 27646 |
| section 3734.521 of the Revised Code, as appropriate, forty-five | 27647 |
| days or more before the beginning of a calendar year, the policy | 27648 |
| committee of each of the districts resulting from the change that | 27649 |
| obtained the director's approval of an initial or amended plan in | 27650 |
| connection with the change, within fourteen days after the | 27651 |
| director's completion of the required actions, shall notify by | 27652 |
| certified mail the owner or operator of each solid waste disposal | 27653 |
| facility that is required to collect the district's fees that the | 27654 |
| change is to take effect on the first day of January immediately | 27655 |
| following the issuance of the notice and of the amount of the fees | 27656 |
| or amended fees levied under divisions (B)(1) to (3) of this | 27657 |
| section pursuant to the district's initial or amended plan as so | 27658 |
| approved or, if appropriate, the repeal of the district's fees by | 27659 |
| that initial or amended plan. Collection of any fees set forth in | 27660 |
| such a plan or amended plan shall commence on the first day of | 27661 |
| January immediately following the issuance of the notice. If such | 27662 |
| an initial or amended plan repeals a schedule of fees, collection | 27663 |
| of the fees shall cease on that first day of January. | 27664 |
| If, in the case of a change in district composition involving | 27665 |
| the withdrawal of a county from a joint district, the director | 27666 |
| completes the actions required under division (G)(1) or (3) of | 27667 |
| section 3734.521 of the Revised Code, as appropriate, less than | 27668 |
| forty-five days before the beginning of a calendar year, the | 27669 |
| director, on behalf of each of the districts resulting from the | 27670 |
| change that obtained the director's approval of an initial or | 27671 |
| amended plan in connection with the change proceedings, shall | 27672 |
| notify by certified mail the owner or operator of each solid waste | 27673 |
| disposal facility that is required to collect the district's fees | 27674 |
| that the change is to take effect on the first day of January | 27675 |
| immediately following the mailing of the notice and of the amount | 27676 |
| of the fees or amended fees levied under divisions (B)(1) to (3) | 27677 |
| of this section pursuant to the district's initial or amended plan | 27678 |
| as so approved or, if appropriate, the repeal of the district's | 27679 |
| fees by that initial or amended plan. Collection of any fees set | 27680 |
| forth in such a plan or amended plan shall commence on the first | 27681 |
| day of the second month following the month in which notification | 27682 |
| is sent to the owner or operator. If such an initial or amended | 27683 |
| plan repeals a schedule of fees, collection of the fees shall | 27684 |
| cease on the first day of the second month following the month in | 27685 |
| which notification is sent to the owner or operator. | 27686 |
| If the schedule of fees that a solid waste management | 27687 |
| district is levying under divisions (B)(1) to (3) of this section | 27688 |
| is amended or repealed, the fees in effect immediately prior to | 27689 |
| the amendment or repeal shall continue to be collected until | 27690 |
| collection of the amended fees commences or collection of the | 27691 |
| repealed fees ceases, as applicable, as specified in this | 27692 |
| division. In the case of a change in district composition, money | 27693 |
| so received from the collection of the fees of the former | 27694 |
| districts shall be divided among the resulting districts in | 27695 |
| accordance with division (B) of section 343.012 of the Revised | 27696 |
| Code and the agreements entered into under division (B) of section | 27697 |
| 343.01 of the Revised Code to establish the former and resulting | 27698 |
| districts and any amendments to those agreements. | 27699 |
| For the purposes of the provisions of division (B) of this | 27700 |
| section establishing the times when newly established or amended | 27701 |
| fees levied by a district are required to commence and the | 27702 |
| collection of fees that have been amended or repealed is required | 27703 |
| to cease, "fees" or "schedule of fees" includes, in addition to | 27704 |
| fees levied under divisions (B)(1) to (3) of this section, those | 27705 |
| levied under section 3734.573 or 3734.574 of the Revised Code. | 27706 |
| (C) For the purposes of defraying the added costs to a | 27707 |
| municipal corporation or township of maintaining roads and other | 27708 |
| public facilities and of providing emergency and other public | 27709 |
| services, and compensating a municipal corporation or township for | 27710 |
| reductions in real property tax revenues due to reductions in real | 27711 |
| property valuations resulting from the location and operation of a | 27712 |
| solid waste disposal facility within the municipal corporation or | 27713 |
| township, a municipal corporation or township in which such a | 27714 |
| solid waste disposal facility is located may levy a fee of not | 27715 |
| more than twenty-five cents per ton on the disposal of solid | 27716 |
| wastes at a solid waste disposal facility located within the | 27717 |
| boundaries of the municipal corporation or township regardless of | 27718 |
| where the wastes were generated. | 27719 |
| The legislative authority of a municipal corporation or | 27720 |
| township may levy fees under this division by enacting an | 27721 |
| ordinance or adopting a resolution establishing the amount of the | 27722 |
| fees. Upon so doing the legislative authority shall mail a | 27723 |
| certified copy of the ordinance or resolution to the board of | 27724 |
| county commissioners or directors of the county or joint solid | 27725 |
| waste management district in which the municipal corporation or | 27726 |
| township is located or, if a regional solid waste management | 27727 |
| authority has been formed under section 343.011 of the Revised | 27728 |
| Code, to the board of trustees of that regional authority, the | 27729 |
| owner or operator of each solid waste disposal facility in the | 27730 |
| municipal corporation or township that is required to collect the | 27731 |
| fee by the ordinance or resolution, and the director of | 27732 |
| environmental protection. Although the fees levied under this | 27733 |
| division are levied on the basis of tons as the unit of | 27734 |
| measurement, the legislative authority, in its ordinance or | 27735 |
| resolution levying the fees under this division, may direct that | 27736 |
| the fees be levied on the basis of cubic yards as the unit of | 27737 |
| measurement based upon a conversion factor of three cubic yards | 27738 |
| per ton generally or one cubic yard per ton for baled wastes. | 27739 |
| Not later than five days after enacting an ordinance or | 27740 |
| adopting a resolution under this division, the legislative | 27741 |
| authority shall so notify by certified mail the owner or operator | 27742 |
| of each solid waste disposal facility that is required to collect | 27743 |
| the fee. Collection of any fee levied on or after March 24, 1992, | 27744 |
| shall commence on the first day of the second month following the | 27745 |
| month in which notification is sent to the owner or operator. | 27746 |
| (D)(1) The fees levied under divisions (A), (B), and (C) of | 27747 |
| this section do not apply to the disposal of solid wastes that: | 27748 |
| (a) Are disposed of at a facility owned by the generator of | 27749 |
| the wastes when the solid waste facility exclusively disposes of | 27750 |
| solid wastes generated at one or more premises owned by the | 27751 |
| generator regardless of whether the facility is located on a | 27752 |
| premises where the wastes are generated; | 27753 |
| (b) Are disposed of at facilities that exclusively dispose of | 27754 |
| wastes that are generated from the combustion of coal, or from the | 27755 |
| combustion of primarily coal in combination with scrap tires, that | 27756 |
| is not combined in any way with garbage at one or more premises | 27757 |
| owned by the generator. | 27758 |
| (2) Except as provided in section 3734.571 of the Revised | 27759 |
| Code, any fees levied under division (B)(1) of this section apply | 27760 |
| to solid wastes originating outside the boundaries of a county or | 27761 |
| joint district that are covered by an agreement for the joint use | 27762 |
| of solid waste facilities entered into under section 343.02 of the | 27763 |
| Revised Code by the board of county commissioners or board of | 27764 |
| directors of the county or joint district where the wastes are | 27765 |
| generated and disposed of. | 27766 |
| (3) When solid wastes, other than solid wastes that consist | 27767 |
| of scrap tires, are burned in a disposal facility that is an | 27768 |
| incinerator or energy recovery facility, the fees levied under | 27769 |
| divisions (A), (B), and (C) of this section shall be levied upon | 27770 |
| the disposal of the fly ash and bottom ash remaining after burning | 27771 |
| of the solid wastes and shall be collected by the owner or | 27772 |
| operator of the sanitary landfill where the ash is disposed of. | 27773 |
| (4) When solid wastes are delivered to a solid waste transfer | 27774 |
| facility, the fees levied under divisions (B) and (C) of this | 27775 |
| section shall be levied upon the disposal of solid wastes | 27776 |
| transported off the premises of the transfer facility for disposal | 27777 |
| and shall be collected by the owner or operator of the solid waste | 27778 |
| disposal facility where the wastes are disposed of. | 27779 |
| (5) The fees levied under divisions (A), (B), and (C) of this | 27780 |
| section do not apply to sewage sludge that is generated by a waste | 27781 |
| water treatment facility holding a national pollutant discharge | 27782 |
| elimination system permit and that is disposed of through | 27783 |
| incineration, land application, or composting or at another | 27784 |
| resource recovery or disposal facility that is not a landfill. | 27785 |
| (6) The fees levied under divisions (A), (B), and (C) of this | 27786 |
| section do not apply to solid wastes delivered to a solid waste | 27787 |
| composting facility for processing. When any unprocessed solid | 27788 |
| waste or compost product is transported off the premises of a | 27789 |
| composting facility and disposed of at a landfill, the fees levied | 27790 |
| under divisions (A), (B), and (C) of this section shall be | 27791 |
| collected by the owner or operator of the landfill where the | 27792 |
| unprocessed waste or compost product is disposed of. | 27793 |
| (7) When solid wastes that consist of scrap tires are | 27794 |
| processed at a scrap tire recovery facility, the fees levied under | 27795 |
| divisions (A), (B), and (C) of this section shall be levied upon | 27796 |
| the disposal of the fly ash and bottom ash or other solid wastes | 27797 |
| remaining after the processing of the scrap tires and shall be | 27798 |
| collected by the owner or operator of the solid waste disposal | 27799 |
| facility where the ash or other solid wastes are disposed of. | 27800 |
| (8) The director of environmental protection may issue an | 27801 |
| order exempting from the fees levied under this section solid | 27802 |
| wastes, including, but not limited to, scrap tires, that are | 27803 |
| generated, transferred, or disposed of as a result of a contract | 27804 |
| providing for the expenditure of public funds entered into by the | 27805 |
| administrator or regional administrator of the United States | 27806 |
| environmental protection agency, the director of environmental | 27807 |
| protection, or the director of administrative services on behalf | 27808 |
| of the director of environmental protection for the purpose of | 27809 |
| remediating conditions at a hazardous waste facility, solid waste | 27810 |
| facility, or other location at which the administrator or regional | 27811 |
| administrator or the director of environmental protection has | 27812 |
| reason to believe that there is a substantial threat to public | 27813 |
| health or safety or the environment or that the conditions are | 27814 |
| causing or contributing to air or water pollution or soil | 27815 |
| contamination. An order issued by the director of environmental | 27816 |
| protection under division (D)(8) of this section shall include a | 27817 |
| determination that the amount of the fees not received by a solid | 27818 |
| waste management district as a result of the order will not | 27819 |
| adversely impact the implementation and financing of the | 27820 |
| district's approved solid waste management plan and any approved | 27821 |
| amendments to the plan. Such an order is a final action of the | 27822 |
| director of environmental protection. | 27823 |
| (E) The fees levied under divisions (B) and (C) of this | 27824 |
| section shall be collected by the owner or operator of the solid | 27825 |
| waste disposal facility where the wastes are disposed of as a | 27826 |
| trustee for the county or joint district and municipal corporation | 27827 |
| or township where the wastes are disposed of. Moneys from the fees | 27828 |
| levied under division (B) of this section shall be forwarded to | 27829 |
| the board of county commissioners or board of directors of the | 27830 |
| district in accordance with rules adopted under division (H) of | 27831 |
| this section. Moneys from the fees levied under division (C) of | 27832 |
| this section shall be forwarded to the treasurer or such other | 27833 |
| officer of the municipal corporation as, by virtue of the charter, | 27834 |
| has the duties of the treasurer or to the fiscal officer of the | 27835 |
| township, as appropriate, in accordance with those rules. | 27836 |
| (F) Moneys received by the treasurer or other officer of the | 27837 |
| municipal corporation under division (E) of this section shall be | 27838 |
| paid into the general fund of the municipal corporation. Moneys | 27839 |
| received by the fiscal officer of the township under that division | 27840 |
| shall be paid into the general fund of the township. The treasurer | 27841 |
| or other officer of the municipal corporation or the township | 27842 |
| fiscal officer, as appropriate, shall maintain separate records of | 27843 |
| the moneys received from the fees levied under division (C) of | 27844 |
| this section. | 27845 |
| (G) Moneys received by the board of county commissioners or | 27846 |
| board of directors under division (E) of this section or section | 27847 |
| 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code | 27848 |
| shall be paid to the county treasurer, or other official acting in | 27849 |
| a similar capacity under a county charter, in a county district or | 27850 |
| to the county treasurer or other official designated by the board | 27851 |
| of directors in a joint district and kept in a separate and | 27852 |
| distinct fund to the credit of the district. If a regional solid | 27853 |
| waste management authority has been formed under section 343.011 | 27854 |
| of the Revised Code, moneys received by the board of trustees of | 27855 |
| that regional authority under division (E) of this section shall | 27856 |
| be kept by the board in a separate and distinct fund to the credit | 27857 |
| of the district. Moneys in the special fund of the county or joint | 27858 |
| district arising from the fees levied under division (B) of this | 27859 |
| section and the fee levied under division (A) of section 3734.573 | 27860 |
| of the Revised Code shall be expended by the board of county | 27861 |
| commissioners or directors of the district in accordance with the | 27862 |
| district's solid waste management plan or amended plan approved | 27863 |
| under section 3734.521, 3734.55, or 3734.56 of the Revised Code | 27864 |
| exclusively for the following purposes: | 27865 |
| (1) Preparation of the solid waste management plan of the | 27866 |
| district under section 3734.54 of the Revised Code, monitoring | 27867 |
| implementation of the plan, and conducting the periodic review and | 27868 |
| amendment of the plan required by section 3734.56 of the Revised | 27869 |
| Code by the solid waste management policy committee; | 27870 |
| (2) Implementation of the approved solid waste management | 27871 |
| plan or amended plan of the district, including, without | 27872 |
| limitation, the development and implementation of solid waste | 27873 |
| recycling or reduction programs; | 27874 |
| (3) Providing financial assistance to boards of health within | 27875 |
| the district, if solid waste facilities are located within the | 27876 |
| district, for enforcement of this chapter and rules, orders, and | 27877 |
| terms and conditions of permits, licenses, and variances adopted | 27878 |
| or issued under it, other than the hazardous waste provisions of | 27879 |
| this chapter and rules adopted and orders and terms and conditions | 27880 |
| of permits issued under those provisions; | 27881 |
| (4) Providing financial assistance to each county within the | 27882 |
| district to defray the added costs of maintaining roads and other | 27883 |
| public facilities and of providing emergency and other public | 27884 |
| services resulting from the location and operation of a solid | 27885 |
| waste facility within the county under the district's approved | 27886 |
| solid waste management plan or amended plan; | 27887 |
| (5) Pursuant to contracts entered into with boards of health | 27888 |
| within the district, if solid waste facilities contained in the | 27889 |
| district's approved plan or amended plan are located within the | 27890 |
| district, for paying the costs incurred by those boards of health | 27891 |
| for collecting and analyzing samples from public or private water | 27892 |
| wells on lands adjacent to those facilities; | 27893 |
| (6) Developing and implementing a program for the inspection | 27894 |
| of solid wastes generated outside the boundaries of this state | 27895 |
| that are disposed of at solid waste facilities included in the | 27896 |
| district's approved solid waste management plan or amended plan; | 27897 |
| (7) Providing financial assistance to boards of health within | 27898 |
| the district for the enforcement of section 3734.03 of the Revised | 27899 |
| Code or to local law enforcement agencies having jurisdiction | 27900 |
| within the district for enforcing anti-littering laws and | 27901 |
| ordinances; | 27902 |
| (8) Providing financial assistance to boards of health of | 27903 |
| health districts within the district that are on the approved list | 27904 |
| under section 3734.08 of the Revised Code to defray the costs to | 27905 |
| the health districts for the participation of their employees | 27906 |
| responsible for enforcement of the solid waste provisions of this | 27907 |
| chapter and rules adopted and orders and terms and conditions of | 27908 |
| permits, licenses, and variances issued under those provisions in | 27909 |
| the training and certification program as required by rules | 27910 |
| adopted under division (L) of section 3734.02 of the Revised Code; | 27911 |
| (9) Providing financial assistance to individual municipal | 27912 |
| corporations and townships within the district to defray their | 27913 |
| added costs of maintaining roads and other public facilities and | 27914 |
| of providing emergency and other public services resulting from | 27915 |
| the location and operation within their boundaries of a | 27916 |
| composting, energy or resource recovery, incineration, or | 27917 |
| recycling facility that either is owned by the district or is | 27918 |
| furnishing solid waste management facility or recycling services | 27919 |
| to the district pursuant to a contract or agreement with the board | 27920 |
| of county commissioners or directors of the district; | 27921 |
| (10) Payment of any expenses that are agreed to, awarded, or | 27922 |
| ordered to be paid under section 3734.35 of the Revised Code and | 27923 |
| of any administrative costs incurred pursuant to that section. In | 27924 |
| the case of a joint solid waste management district, if the board | 27925 |
| of county commissioners of one of the counties in the district is | 27926 |
| negotiating on behalf of affected communities, as defined in that | 27927 |
| section, in that county, the board shall obtain the approval of | 27928 |
| the board of directors of the district in order to expend moneys | 27929 |
| for administrative costs incurred. | 27930 |
| Prior to the approval of the district's solid waste | 27931 |
| management plan under section 3734.55 of the Revised Code, moneys | 27932 |
| in the special fund of the district arising from the fees shall be | 27933 |
| expended for those purposes in the manner prescribed by the solid | 27934 |
| waste management policy committee by resolution. | 27935 |
| Notwithstanding division (G)(6) of this section as it existed | 27936 |
| prior to October 29, 1993, or any provision in a district's solid | 27937 |
| waste management plan prepared in accordance with division | 27938 |
| (B)(2)(e) of section 3734.53 of the Revised Code as it existed | 27939 |
| prior to that date, any moneys arising from the fees levied under | 27940 |
| division (B)(3) of this section prior to January 1, 1994, may be | 27941 |
| expended for any of the purposes authorized in divisions (G)(1) to | 27942 |
| (10) of this section. | 27943 |
| (H) The director shall adopt rules in accordance with Chapter | 27944 |
| 119. of the Revised Code prescribing procedures for collecting and | 27945 |
| forwarding the fees levied under divisions (B) and (C) of this | 27946 |
| section to the boards of county commissioners or directors of | 27947 |
| county or joint solid waste management districts and to the | 27948 |
| treasurers or other officers of municipal corporations and the | 27949 |
| fiscal officers of townships. The rules also shall prescribe the | 27950 |
| dates for forwarding the fees to the boards and officials and may | 27951 |
| prescribe any other requirements the director considers necessary | 27952 |
| or appropriate to implement and administer divisions (A), (B), and | 27953 |
| (C) of this section. | 27954 |
| Sec. 3735.672. (A) On or before the thirty-first day of | 27955 |
| March each year, a legislative authority that has entered into an | 27956 |
| agreement with a party under section 3735.671 of the Revised Code | 27957 |
| shall submit to the director of development and the board of | 27958 |
| education of each school district of which a municipal corporation | 27959 |
| or township to which such an agreement applies is a part a report | 27960 |
| on all such agreements in effect during the preceding calendar | 27961 |
| year. The report shall include the following information: | 27962 |
| (1) The designation, assigned by the director of development, | 27963 |
| of each community reinvestment area within the municipal | 27964 |
| corporation or county, and the total population of each area | 27965 |
| according to the most recent data available; | 27966 |
| (2) The number of agreements and the number of full-time | 27967 |
| employees subject to those agreements within each area, each | 27968 |
| according to the most recent data available and identified and | 27969 |
| categorized by the appropriate standard industrial code, and the | 27970 |
| rate of unemployment in the municipal corporation or county in | 27971 |
| which the area is located for each year since the area was | 27972 |
| certified; | 27973 |
| (3) The number of agreements approved and executed during the | 27974 |
| calendar year for which the report is submitted, the total number | 27975 |
| of agreements in effect on the thirty-first day of December of the | 27976 |
| preceding calendar year, the number of agreements that expired | 27977 |
| during the calendar year for which the report is submitted, and | 27978 |
| the number of agreements scheduled to expire during the calendar | 27979 |
| year in which the report is submitted. For each agreement that | 27980 |
| expired during the calendar year for which the report is | 27981 |
| submitted, the legislative authority shall include the amount of | 27982 |
| taxes exempted under the agreement. | 27983 |
| (4) The number of agreements receiving compliance reviews by | 27984 |
| the tax incentive review council in the municipal corporation or | 27985 |
| county during the calendar year for which the report is submitted, | 27986 |
| including all of the following information: | 27987 |
| (a) The number of agreements the terms of which the party has | 27988 |
| complied with, indicating separately for each such agreement the | 27989 |
| value of the real property exempted pursuant to the agreement and | 27990 |
| a comparison of the stipulated and actual schedules for hiring new | 27991 |
| employees, for retaining existing employees, and for the amount of | 27992 |
| payroll of the party attributable to these employees; | 27993 |
| (b) The number of agreements the terms of which a party has | 27994 |
| failed to comply with, indicating separately for each such | 27995 |
| agreement the value of the real and personal property exempted | 27996 |
| pursuant to the agreement and a comparison of the stipulated and | 27997 |
| actual schedules for hiring new employees, for retaining existing | 27998 |
| employees, and for the amount of payroll of the enterprise | 27999 |
| attributable to these employees; | 28000 |
| (c) The number of agreements about which the tax incentive | 28001 |
| review council made recommendations to the legislative authority, | 28002 |
| and the number of such recommendations that have not been | 28003 |
| followed; | 28004 |
| (d) The number of agreements rescinded during the calendar | 28005 |
| year for which the report is submitted. | 28006 |
| (5) The number of parties subject to agreements that expanded | 28007 |
| within each area, including the number of new employees hired and | 28008 |
| existing employees retained by that party, and the number of new | 28009 |
| parties subject to agreements that established within each area, | 28010 |
| including the number of new employees hired by each party; | 28011 |
| (6) For each agreement in effect during any part of the | 28012 |
| preceding year, the number of employees employed by the party at | 28013 |
| the property that is the subject of the agreement immediately | 28014 |
| prior to formal approval of the agreement, the number of employees | 28015 |
| employed by the party at that property on the thirty-first day of | 28016 |
| December of the preceding year, the payroll of the party for the | 28017 |
| preceding year, the amount of taxes paid on real property that was | 28018 |
| exempted under the agreement, and the amount of such taxes that | 28019 |
| were not paid because of the exemption. | 28020 |
| (B) Upon the failure of a municipal corporation or county to | 28021 |
| comply with division (A) of this section: | 28022 |
| (1) Beginning on the first day of April of the calendar year | 28023 |
| in which the municipal corporation or county fails to comply with | 28024 |
| that division, the municipal corporation or county shall not enter | 28025 |
| into any agreements under section 3735.671 of the Revised Code | 28026 |
| until the municipal corporation or county has complied with | 28027 |
| division (A) of this section. | 28028 |
| (2) On the first day of each ensuing calendar month until the | 28029 |
| municipal corporation or county complies with that division, the | 28030 |
| director of development shall either order the proper county | 28031 |
| auditor to deduct from the next succeeding payment of taxes to the | 28032 |
| municipal corporation or county under section 321.31, 321.32, | 28033 |
| 321.33, or 321.34 of the Revised Code an amount equal to five | 28034 |
| hundred dollars for each calendar month the municipal corporation | 28035 |
| or county fails to comply with that division, or order the county | 28036 |
| auditor to deduct such an amount from the next succeeding payment | 28037 |
| to the municipal corporation or county from the undivided local | 28038 |
| 28039 | |
| Code. At the time such a payment is made, the county auditor shall | 28040 |
| comply with the director's order by issuing a warrant, drawn on | 28041 |
| the fund from which such money would have been paid, to the | 28042 |
| director of development, who shall deposit the warrant into the | 28043 |
| state community reinvestment area program administration fund | 28044 |
| created in division (C) of this section. | 28045 |
| (C) The director, by rule, shall establish the state's | 28046 |
| application fee for applications submitted to a municipal | 28047 |
| corporation or county to enter into an agreement under section | 28048 |
| 3735.671 of the Revised Code. In establishing the amount of the | 28049 |
| fee, the director shall consider the state's cost of administering | 28050 |
| the community reinvestment area program, including the cost of | 28051 |
| reviewing the reports required under division (A) of this section. | 28052 |
| The director may change the amount of the fee at such times and in | 28053 |
| such increments as | 28054 |
| municipal corporation or county that receives an application shall | 28055 |
| collect the application fee and remit the fee for deposit in the | 28056 |
| state treasury to the credit of the | 28057 |
| 28058 | |
| 28059 | |
| 28060 | |
| 28061 | |
| 28062 | |
| programs operating fund created in section 122.174 of the Revised | 28063 |
| Code. | 28064 |
| Sec. 3745.11. (A) Applicants for and holders of permits, | 28065 |
| licenses, variances, plan approvals, and certifications issued by | 28066 |
| the director of environmental protection pursuant to Chapters | 28067 |
| 3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee | 28068 |
| to the environmental protection agency for each such issuance and | 28069 |
| each application for an issuance as provided by this section. No | 28070 |
| fee shall be charged for any issuance for which no application has | 28071 |
| been submitted to the director. | 28072 |
| (B) Each person who is issued a permit to install prior to | 28073 |
| July 1, 2003, pursuant to rules adopted under division (F) of | 28074 |
| section 3704.03 of the Revised Code shall pay the fees specified | 28075 |
| in the following schedules: | 28076 |
| (1) Fuel-burning equipment (boilers) | 28077 |
| Input capacity (maximum) | 28078 | ||||
| (million British thermal units per hour) | Permit to install | 28079 | |||
| Greater than 0, but less than 10 | $ 200 | 28080 | |||
| 10 or more, but less than 100 | 400 | 28081 | |||
| 100 or more, but less than 300 | 800 | 28082 | |||
| 300 or more, but less than 500 | 1500 | 28083 | |||
| 500 or more, but less than 1000 | 2500 | 28084 | |||
| 1000 or more, but less than 5000 | 4000 | 28085 | |||
| 5000 or more | 6000 | 28086 | |||
| Units burning exclusively natural gas, number two fuel oil, | 28087 |
| or both shall be assessed a fee that is one-half of the applicable | 28088 |
| amount established in division (F)(1) of this section. | 28089 |
| (2) Incinerators | 28090 |
| Input capacity (pounds per hour) | Permit to install | 28091 |
| 0 to 100 | $ 100 | 28092 | |||
| 101 to 500 | 400 | 28093 | |||
| 501 to 2000 | 750 | 28094 | |||
| 2001 to 20,000 | 1000 | 28095 | |||
| more than 20,000 | 2500 | 28096 | |||
| (3)(a) Process | 28097 |
| Process weight rate (pounds per hour) | Permit to install | 28098 |
| 0 to 1000 | $ 200 | 28099 | |||
| 1001 to 5000 | 400 | 28100 | |||
| 5001 to 10,000 | 600 | 28101 | |||
| 10,001 to 50,000 | 800 | 28102 | |||
| more than 50,000 | 1000 | 28103 | |||
| In any process where process weight rate cannot be | 28104 |
| ascertained, the minimum fee shall be assessed. | 28105 |
| (b) Notwithstanding division (B)(3)(a) of this section, any | 28106 |
| person issued a permit to install pursuant to rules adopted under | 28107 |
| division (F) of section 3704.03 of the Revised Code shall pay the | 28108 |
| fees established in division (B)(3)(c) of this section for a | 28109 |
| process used in any of the following industries, as identified by | 28110 |
| the applicable four-digit standard industrial classification code | 28111 |
| according to the Standard Industrial Classification Manual | 28112 |
| published by the United States office of management and budget in | 28113 |
| the executive office of the president, 1972, as revised: | 28114 |
| 1211 Bituminous coal and lignite mining; | 28115 |
| 1213 Bituminous coal and lignite mining services; | 28116 |
| 1411 Dimension stone; | 28117 |
| 1422 Crushed and broken limestone; | 28118 |
| 1427 Crushed and broken stone, not elsewhere classified; | 28119 |
| 1442 Construction sand and gravel; | 28120 |
| 1446 Industrial sand; | 28121 |
| 3281 Cut stone and stone products; | 28122 |
| 3295 Minerals and earth, ground or otherwise treated. | 28123 |
| (c) The fees established in the following schedule apply to | 28124 |
| the issuance of a permit to install pursuant to rules adopted | 28125 |
| under division (F) of section 3704.03 of the Revised Code for a | 28126 |
| process listed in division (B)(3)(b) of this section: | 28127 |
| Process weight rate (pounds per hour) | Permit to install | 28128 |
| 0 to 1000 | $ 200 | 28129 | |
| 10,001 to 50,000 | 300 | 28130 | |
| 50,001 to 100,000 | 400 | 28131 | |
| 100,001 to 200,000 | 500 | 28132 | |
| 200,001 to 400,000 | 600 | 28133 | |
| 400,001 or more | 700 | 28134 |
| (4) Storage tanks | 28135 |
| Gallons (maximum useful capacity) | Permit to install | 28136 |
| 0 to 20,000 | $ 100 | 28137 | |||
| 20,001 to 40,000 | 150 | 28138 | |||
| 40,001 to 100,000 | 200 | 28139 | |||
| 100,001 to 250,000 | 250 | 28140 | |||
| 250,001 to 500,000 | 350 | 28141 | |||
| 500,001 to 1,000,000 | 500 | 28142 | |||
| 1,000,001 or greater | 750 | 28143 | |||
| (5) Gasoline/fuel dispensing facilities | 28144 |
| For each gasoline/fuel dispensing | Permit to install | 28145 | |||
| facility | $ 100 | 28146 | |||
| (6) Dry cleaning facilities | 28147 |
| For each dry cleaning facility | Permit to install | 28148 | |||
| (includes all units at the facility) | $ 100 | 28149 | |||
| (7) Registration status | 28150 |
| For each source covered | Permit to install | 28151 | |||
| by registration status | $ 75 | 28152 | |||
| (C)(1) Except as otherwise provided in division (C)(2) of | 28153 |
| this section, beginning July 1, 1994, each person who owns or | 28154 |
| operates an air contaminant source and who is required to apply | 28155 |
| for and obtain a Title V permit under section 3704.036 of the | 28156 |
| Revised Code shall pay the fees set forth in division (C)(1) of | 28157 |
| this section. For the purposes of that division, total emissions | 28158 |
| of air contaminants may be calculated using engineering | 28159 |
| calculations, emissions factors, material balance calculations, or | 28160 |
| performance testing procedures, as authorized by the director. | 28161 |
| The following fees shall be assessed on the total actual | 28162 |
| emissions from a source in tons per year of the regulated | 28163 |
| pollutants particulate matter, sulfur dioxide, nitrogen oxides, | 28164 |
| organic compounds, and lead: | 28165 |
| (a) Fifteen dollars per ton on the total actual emissions of | 28166 |
| each such regulated pollutant during the period July through | 28167 |
| December 1993, to be collected no sooner than July 1, 1994; | 28168 |
| (b) Twenty dollars per ton on the total actual emissions of | 28169 |
| each such regulated pollutant during calendar year 1994, to be | 28170 |
| collected no sooner than April 15, 1995; | 28171 |
| (c) Twenty-five dollars per ton on the total actual emissions | 28172 |
| of each such regulated pollutant in calendar year 1995, and each | 28173 |
| subsequent calendar year, to be collected no sooner than the | 28174 |
| fifteenth day of April of the year next succeeding the calendar | 28175 |
| year in which the emissions occurred. | 28176 |
| The fees levied under division (C)(1) of this section do not | 28177 |
| apply to that portion of the emissions of a regulated pollutant at | 28178 |
| a facility that exceed four thousand tons during a calendar year. | 28179 |
| (2) The fees assessed under division (C)(1) of this section | 28180 |
| are for the purpose of providing funding for the Title V permit | 28181 |
| program. | 28182 |
| (3) The fees assessed under division (C)(1) of this section | 28183 |
| do not apply to emissions from any electric generating unit | 28184 |
| designated as a Phase I unit under Title IV of the federal Clean | 28185 |
| Air Act prior to calendar year 2000. Those fees shall be assessed | 28186 |
| on the emissions from such a generating unit commencing in | 28187 |
| calendar year 2001 based upon the total actual emissions from the | 28188 |
| generating unit during calendar year 2000 and shall continue to be | 28189 |
| assessed each subsequent calendar year based on the total actual | 28190 |
| emissions from the generating unit during the preceding calendar | 28191 |
| year. | 28192 |
| (4) The director shall issue invoices to owners or operators | 28193 |
| of air contaminant sources who are required to pay a fee assessed | 28194 |
| under division (C) or (D) of this section. Any such invoice shall | 28195 |
| be issued no sooner than the applicable date when the fee first | 28196 |
| may be collected in a year under the applicable division, shall | 28197 |
| identify the nature and amount of the fee assessed, and shall | 28198 |
| indicate that the fee is required to be paid within thirty days | 28199 |
| after the issuance of the invoice. | 28200 |
| (D)(1) Except as provided in division (D)(3) of this section, | 28201 |
| from January 1, 1994, through December 31, 2003, each person who | 28202 |
| owns or operates an air contaminant source; who is required to | 28203 |
| apply for a permit to operate pursuant to rules adopted under | 28204 |
| division (G), or a variance pursuant to division (H), of section | 28205 |
| 3704.03 of the Revised Code; and who is not required to apply for | 28206 |
| and obtain a Title V permit under section 3704.036 of the Revised | 28207 |
| Code shall pay a single fee based upon the sum of the actual | 28208 |
| annual emissions from the facility of the regulated pollutants | 28209 |
| particulate matter, sulfur dioxide, nitrogen oxides, organic | 28210 |
| compounds, and lead in accordance with the following schedule: | 28211 |
| Total tons per year | 28212 | |||||
| of regulated pollutants | Annual fee | 28213 | ||||
| emitted | per facility | 28214 | ||||
| More than 0, but less than 50 | $ 75 | 28215 | ||||
| 50 or more, but less than 100 | 300 | 28216 | ||||
| 100 or more | 700 | 28217 |
| (2) Except as provided in division (D)(3) of this section, | 28218 |
| beginning January 1, 2004, each person who owns or operates an air | 28219 |
| contaminant source; who is required to apply for a permit to | 28220 |
| operate pursuant to rules adopted under division (G), or a | 28221 |
| variance pursuant to division (H), of section 3704.03 of the | 28222 |
| Revised Code; and who is not required to apply for and obtain a | 28223 |
| Title V permit under section 3704.03 of the Revised Code shall pay | 28224 |
| a single fee based upon the sum of the actual annual emissions | 28225 |
| from the facility of the regulated pollutants particulate matter, | 28226 |
| sulfur dioxide, nitrogen oxides, organic compounds, and lead in | 28227 |
| accordance with the following schedule: | 28228 |
| Total tons per year | 28229 | |||||
| of regulated pollutants | Annual fee | 28230 | ||||
| emitted | per facility | 28231 | ||||
| More than 0, but less than 10 | $ 100 | 28232 | ||||
| 10 or more, but less than 50 | 200 | 28233 | ||||
| 50 or more, but less than 100 | 300 | 28234 | ||||
| 100 or more | 700 | 28235 |
| (3)(a) As used in division (D) of this section, "synthetic | 28236 |
| minor facility" means a facility for which one or more permits to | 28237 |
| install or permits to operate have been issued for the air | 28238 |
| contaminant sources at the facility that include terms and | 28239 |
| conditions that lower the facility's potential to emit air | 28240 |
| contaminants below the major source thresholds established in | 28241 |
| rules adopted under section 3704.036 of the Revised Code. | 28242 |
| (b) Beginning January 1, 2000, through June 30,
| 28243 |
| each person who owns or operates a synthetic minor facility shall | 28244 |
| pay an annual fee based on the sum of the actual annual emissions | 28245 |
| from the facility of particulate matter, sulfur dioxide, nitrogen | 28246 |
| dioxide, organic compounds, and lead in accordance with the | 28247 |
| following schedule: | 28248 |
| Combined total tons | 28249 | ||||
| per year of all regulated | Annual fee | 28250 | |||
| pollutants emitted | per facility | 28251 |
| Less than 10 | $ 170 | 28252 | |||
| 10 or more, but less than 20 | 340 | 28253 | |||
| 20 or more, but less than 30 | 670 | 28254 | |||
| 30 or more, but less than 40 | 1,010 | 28255 | |||
| 40 or more, but less than 50 | 1,340 | 28256 | |||
| 50 or more, but less than 60 | 1,680 | 28257 | |||
| 60 or more, but less than 70 | 2,010 | 28258 | |||
| 70 or more, but less than 80 | 2,350 | 28259 | |||
| 80 or more, but less than 90 | 2,680 | 28260 | |||
| 90 or more, but less than 100 | 3,020 | 28261 | |||
| 100 or more | 3,350 | 28262 |
| (4) The fees assessed under division (D)(1) of this section | 28263 |
| shall be collected annually no sooner than the fifteenth day of | 28264 |
| April, commencing in 1995. The fees assessed under division | 28265 |
| (D)(2) of this section shall be collected annually no sooner than | 28266 |
| the fifteenth day of April, commencing in 2005. The fees assessed | 28267 |
| under division (D)(3) of this section shall be collected no sooner | 28268 |
| than the fifteenth day of April, commencing in 2000. The fees | 28269 |
| assessed under division (D) of this section in a calendar year | 28270 |
| shall be based upon the sum of the actual emissions of those | 28271 |
| regulated pollutants during the preceding calendar year. For the | 28272 |
| purpose of division (D) of this section, emissions of air | 28273 |
| contaminants may be calculated using engineering calculations, | 28274 |
| emission factors, material balance calculations, or performance | 28275 |
| testing procedures, as authorized by the director. The director, | 28276 |
| by rule, may require persons who are required to pay the fees | 28277 |
| assessed under division (D) of this section to pay those fees | 28278 |
| biennially rather than annually. | 28279 |
| (E)(1) Consistent with the need to cover the reasonable costs | 28280 |
| of the Title V permit program, the director annually shall | 28281 |
| increase the fees prescribed in division (C)(1) of this section by | 28282 |
| the percentage, if any, by which the consumer price index for the | 28283 |
| most recent calendar year ending before the beginning of a year | 28284 |
| exceeds the consumer price index for calendar year 1989. Upon | 28285 |
| calculating an increase in fees authorized by division (E)(1) of | 28286 |
| this section, the director shall compile revised fee schedules for | 28287 |
| the purposes of division (C)(1) of this section and shall make the | 28288 |
| revised schedules available to persons required to pay the fees | 28289 |
| assessed under that division and to the public. | 28290 |
| (2) For the purposes of division (E)(1) of this section: | 28291 |
| (a) The consumer price index for any year is the average of | 28292 |
| the consumer price index for all urban consumers published by the | 28293 |
| United States department of labor as of the close of the | 28294 |
| twelve-month period ending on the thirty-first day of August of | 28295 |
| that year. | 28296 |
| (b) If the 1989 consumer price index is revised, the director | 28297 |
| shall use the revision of the consumer price index that is most | 28298 |
| consistent with that for calendar year 1989. | 28299 |
| (F) Each person who is issued a permit to install pursuant to | 28300 |
| rules adopted under division (F) of section 3704.03 of the Revised | 28301 |
| Code on or after July 1, 2003, shall pay the fees specified in the | 28302 |
| following schedules: | 28303 |
| (1) Fuel-burning equipment (boilers, furnaces, or process | 28304 |
| heaters used in the process of burning fuel for the primary | 28305 |
| purpose of producing heat or power by indirect heat transfer) | 28306 |
| Input capacity (maximum) | 28307 | ||
| (million British thermal units per hour) | Permit to install | 28308 | |
| Greater than 0, but less than 10 | $ 200 | 28309 | |
| 10 or more, but less than 100 | 400 | 28310 | |
| 100 or more, but less than 300 | 1000 | 28311 | |
| 300 or more, but less than 500 | 2250 | 28312 | |
| 500 or more, but less than 1000 | 3750 | 28313 | |
| 1000 or more, but less than 5000 | 6000 | 28314 | |
| 5000 or more | 9000 | 28315 |
| Units burning exclusively natural gas, number two fuel oil, | 28316 |
| or both shall be assessed a fee that is one-half the applicable | 28317 |
| amount shown in division (F)(1) of this section. | 28318 |
| (2) Combustion turbines and stationary internal combustion | 28319 |
| engines designed to generate electricity | 28320 |
| Generating capacity (mega watts) | Permit to install | 28321 | |
| 0 or more, but less than 10 | $ 25 | 28322 | |
| 10 or more, but less than 25 | 150 | 28323 | |
| 25 or more, but less than 50 | 300 | 28324 | |
| 50 or more, but less than 100 | 500 | 28325 | |
| 100 or more, but less than 250 | 1000 | 28326 | |
| 250 or more | 2000 | 28327 |
| (3) Incinerators | 28328 |
| Input capacity (pounds per hour) | Permit to install | 28329 | |
| 0 to 100 | $ 100 | 28330 | |
| 101 to 500 | 500 | 28331 | |
| 501 to 2000 | 1000 | 28332 | |
| 2001 to 20,000 | 1500 | 28333 | |
| more than 20,000 | 3750 | 28334 |
| (4)(a) Process | 28335 |
| Process weight rate (pounds per hour) | Permit to install | 28336 | |
| 0 to 1000 | $ 200 | 28337 | |
| 1001 to 5000 | 500 | 28338 | |
| 5001 to 10,000 | 750 | 28339 | |
| 10,001 to 50,000 | 1000 | 28340 | |
| more than 50,000 | 1250 | 28341 |
| In any process where process weight rate cannot be | 28342 |
| ascertained, the minimum fee shall be assessed. A boiler, furnace, | 28343 |
| combustion turbine, stationary internal combustion engine, or | 28344 |
| process heater designed to provide direct heat or power to a | 28345 |
| process not designed to generate electricity shall be assessed a | 28346 |
| fee established in division (F)(4)(a) of this section. A | 28347 |
| combustion turbine or stationary internal combustion engine | 28348 |
| designed to generate electricity shall be assessed a fee | 28349 |
| established in division (F)(2) of this section. | 28350 |
| (b) Notwithstanding division (F)(4)(a) of this section, any | 28351 |
| person issued a permit to install pursuant to rules adopted under | 28352 |
| division (F) of section 3704.03 of the Revised Code shall pay the | 28353 |
| fees set forth in division (F)(4)(c) of this section for a process | 28354 |
| used in any of the following industries, as identified by the | 28355 |
| applicable two-digit, three-digit, or four-digit standard | 28356 |
| industrial classification code according to the Standard | 28357 |
| Industrial Classification Manual published by the United States | 28358 |
| office of management and budget in the executive office of the | 28359 |
| president, 1987, as revised: | 28360 |
| Major group 10, metal mining; | 28361 |
| Major group 12, coal mining; | 28362 |
| Major group 14, mining and quarrying of nonmetallic minerals; | 28363 |
| Industry group 204, grain mill products; | 28364 |
| 2873 Nitrogen fertilizers; | 28365 |
| 2874 Phosphatic fertilizers; | 28366 |
| 3281 Cut stone and stone products; | 28367 |
| 3295 Minerals and earth, ground or otherwise treated; | 28368 |
| 4221 Grain elevators (storage only); | 28369 |
| 5159 Farm related raw materials; | 28370 |
| 5261 Retail nurseries and lawn and garden supply stores. | 28371 |
| (c) The fees set forth in the following schedule apply to the | 28372 |
| issuance of a permit to install pursuant to rules adopted under | 28373 |
| division (F) of section 3704.03 of the Revised Code for a process | 28374 |
| identified in division (F)(4)(b) of this section: | 28375 |
| Process weight rate (pounds per hour) | Permit to install | 28376 | ||||
| 0 to 10,000 | $ 200 | 28377 | ||||
| 10,001 to 50,000 | 400 | 28378 | ||||
| 50,001 to 100,000 | 500 | 28379 | ||||
| 100,001 to 200,000 | 600 | 28380 | ||||
| 200,001 to 400,000 | 750 | 28381 | ||||
| 400,001 or more | 900 | 28382 |
| (5) Storage tanks | 28383 |
| Gallons (maximum useful capacity) | Permit to install | 28384 | ||||
| 0 to 20,000 | $ 100 | 28385 | ||||
| 20,001 to 40,000 | 150 | 28386 | ||||
| 40,001 to 100,000 | 250 | 28387 | ||||
| 100,001 to 500,000 | 400 | 28388 | ||||
| 500,001 or greater | 750 | 28389 |
| (6) Gasoline/fuel dispensing facilities | 28390 |
| For each gasoline/fuel | 28391 | |||||
| dispensing facility (includes all | Permit to install | 28392 | ||||
| units at the facility) | $ 100 | 28393 | ||||
| (7) Dry cleaning facilities | 28394 |
| For each dry cleaning | 28395 | |||||
| facility (includes all units | Permit to install | 28396 | ||||
| at the facility) | $ 100 | 28397 | ||||
| (8) Registration status | 28398 |
| For each source covered | Permit to install | 28399 | ||||
| by registration status | $ 75 | 28400 | ||||
| (G) An owner or operator who is responsible for an asbestos | 28401 |
| demolition or renovation project pursuant to rules adopted under | 28402 |
| section 3704.03 of the Revised Code shall pay the fees set forth | 28403 |
| in the following schedule: | 28404 |
| Action | Fee | 28405 | ||||
| Each notification | $75 | 28406 | ||||
| Asbestos removal | $3/unit | 28407 | ||||
| Asbestos cleanup | $4/cubic yard | 28408 |
| For purposes of this division, "unit" means any combination of | 28409 |
| linear feet or square feet equal to fifty. | 28410 |
| (H) A person who is issued an extension of time for a permit | 28411 |
| to install an air contaminant source pursuant to rules adopted | 28412 |
| under division (F) of section 3704.03 of the Revised Code shall | 28413 |
| pay a fee equal to one-half the fee originally assessed for the | 28414 |
| permit to install under this section, except that the fee for such | 28415 |
| an extension shall not exceed two hundred dollars. | 28416 |
| (I) A person who is issued a modification to a permit to | 28417 |
| install an air contaminant source pursuant to rules adopted under | 28418 |
| section 3704.03 of the Revised Code shall pay a fee equal to | 28419 |
| one-half of the fee that would be assessed under this section to | 28420 |
| obtain a permit to install the source. The fee assessed by this | 28421 |
| division only applies to modifications that are initiated by the | 28422 |
| owner or operator of the source and shall not exceed two thousand | 28423 |
| dollars. | 28424 |
| (J) Notwithstanding division (B) or (F) of this section, a | 28425 |
| person who applies for or obtains a permit to install pursuant to | 28426 |
| rules adopted under division (F) of section 3704.03 of the Revised | 28427 |
| Code after the date actual construction of the source began shall | 28428 |
| pay a fee for the permit to install that is equal to twice the fee | 28429 |
| that otherwise would be assessed under the applicable division | 28430 |
| unless the applicant received authorization to begin construction | 28431 |
| under division (W) of section 3704.03 of the Revised Code. This | 28432 |
| division only applies to sources for which actual construction of | 28433 |
| the source begins on or after July 1, 1993. The imposition or | 28434 |
| payment of the fee established in this division does not preclude | 28435 |
| the director from taking any administrative or judicial | 28436 |
| enforcement action under this chapter, Chapter 3704., 3714., | 28437 |
| 3734., or 6111. of the Revised Code, or a rule adopted under any | 28438 |
| of them, in connection with a violation of rules adopted under | 28439 |
| division (F) of section 3704.03 of the Revised Code. | 28440 |
| As used in this division, "actual construction of the source" | 28441 |
| means the initiation of physical on-site construction activities | 28442 |
| in connection with improvements to the source that are permanent | 28443 |
| in nature, including, without limitation, the installation of | 28444 |
| building supports and foundations and the laying of underground | 28445 |
| pipework. | 28446 |
| (K) Fifty cents per ton of each fee assessed under division | 28447 |
| (C) of this section on actual emissions from a source and received | 28448 |
| by the environmental protection agency pursuant to that division | 28449 |
| shall be deposited into the state treasury to the credit of the | 28450 |
| small business assistance fund created in section 3706.19 of the | 28451 |
| Revised Code. The remainder of the moneys received by the division | 28452 |
| pursuant to that division and moneys received by the agency | 28453 |
| pursuant to divisions (D), (F), (G), (H), (I), and (J) of this | 28454 |
| section shall be deposited in the state treasury to the credit of | 28455 |
| the clean air fund created in section 3704.035 of the Revised | 28456 |
| Code. | 28457 |
| (L)(1)(a) Except as otherwise provided in division (L)(1)(b) | 28458 |
| or (c) of this section, a person issued a water discharge permit | 28459 |
| or renewal of a water discharge permit pursuant to Chapter 6111. | 28460 |
| of the Revised Code shall pay a fee based on each point source to | 28461 |
| which the issuance is applicable in accordance with the following | 28462 |
| schedule: | 28463 |
| Design flow discharge (gallons per day) | Fee | 28464 | ||||
| 0 to 1000 | $ 0 | 28465 | ||||
| 1,001 to 5000 | 100 | 28466 | ||||
| 5,001 to 50,000 | 200 | 28467 | ||||
| 50,001 to 100,000 | 300 | 28468 | ||||
| 100,001 to 300,000 | 525 | 28469 | ||||
| over 300,000 | 750 | 28470 |
| (b) Notwithstanding the fee schedule specified in division | 28471 |
| (L)(1)(a) of this section, the fee for a water discharge permit | 28472 |
| that is applicable to coal mining operations regulated under | 28473 |
| Chapter 1513. of the Revised Code shall be two hundred fifty | 28474 |
| dollars per mine. | 28475 |
| (c) Notwithstanding the fee schedule specified in division | 28476 |
| (L)(1)(a) of this section, the fee for a water discharge permit | 28477 |
| for a public discharger identified by I in the third character of | 28478 |
| the permittee's NPDES permit number shall not exceed seven hundred | 28479 |
| fifty dollars. | 28480 |
| (2) A person applying for a plan approval for a wastewater | 28481 |
| treatment works pursuant to section 6111.44, 6111.45, or 6111.46 | 28482 |
| of the Revised Code shall pay a fee of one hundred dollars plus | 28483 |
| sixty-five one-hundredths of one per cent of the estimated project | 28484 |
|
cost through June 30,
| 28485 |
| two-tenths of one per cent of the estimated project cost on and | 28486 |
|
after July 1,
| 28487 |
|
exceed
fifteen thousand dollars through June 30,
| 28488 |
|
five
thousand
dollars on and after July 1,
| 28489 |
| shall be paid at the time the application is submitted. | 28490 |
| (3) A person issued a modification of a water discharge | 28491 |
| permit shall pay a fee equal to one-half the fee that otherwise | 28492 |
| would be charged for a water discharge permit, except that the fee | 28493 |
| for the modification shall not exceed four hundred dollars. | 28494 |
| (4) A person who has entered into an agreement with the | 28495 |
| director under section 6111.14 of the Revised Code shall pay an | 28496 |
| administrative service fee for each plan submitted under that | 28497 |
| section for approval that shall not exceed the minimum amount | 28498 |
| necessary to pay administrative costs directly attributable to | 28499 |
| processing plan approvals. The director annually shall calculate | 28500 |
| the fee and shall notify all persons who have entered into | 28501 |
| agreements under that section, or who have applied for agreements, | 28502 |
| of the amount of the fee. | 28503 |
| (5)(a)(i) Not later than January 30,
| 28504 |
|
30,
| 28505 |
| pursuant to Chapter 6111. of the Revised Code with an average | 28506 |
| daily discharge flow of five thousand gallons or more shall pay a | 28507 |
| nonrefundable annual discharge fee. Any person who fails to pay | 28508 |
| the fee at that time shall pay an additional amount that equals | 28509 |
| ten per cent of the required annual discharge fee. | 28510 |
| (ii) The billing year for the annual discharge fee | 28511 |
| established in division (L)(5)(a)(i) of this section shall consist | 28512 |
| of a twelve-month period beginning on the first day of January of | 28513 |
| the year preceding the date when the annual discharge fee is due. | 28514 |
| In the case of an existing source that permanently ceases to | 28515 |
| discharge during a billing year, the director shall reduce the | 28516 |
| annual discharge fee, including the surcharge applicable to | 28517 |
| certain industrial facilities pursuant to division (L)(5)(c) of | 28518 |
| this section, by one-twelfth for each full month during the | 28519 |
| billing year that the source was not discharging, but only if the | 28520 |
| person holding the NPDES discharge permit for the source notifies | 28521 |
| the director in writing, not later than the first day of October | 28522 |
| of the billing year, of the circumstances causing the cessation of | 28523 |
| discharge. | 28524 |
| (iii) The annual discharge fee established in division | 28525 |
| (L)(5)(a)(i) of this section, except for the surcharge applicable | 28526 |
| to certain industrial facilities pursuant to division (L)(5)(c) of | 28527 |
| this section, shall be based upon the average daily discharge flow | 28528 |
| in gallons per day calculated using first day of May through | 28529 |
| thirty-first day of October flow data for the period two years | 28530 |
| prior to the date on which the fee is due. In the case of NPDES | 28531 |
| discharge permits for new sources, the fee shall be calculated | 28532 |
| using the average daily design flow of the facility until actual | 28533 |
| average daily discharge flow values are available for the time | 28534 |
| period specified in division (L)(5)(a)(iii) of this section. The | 28535 |
| annual discharge fee may be prorated for a new source as described | 28536 |
| in division (L)(5)(a)(ii) of this section. | 28537 |
| (b) An NPDES permit holder that is a public discharger shall | 28538 |
| pay the fee specified in the following schedule: | 28539 |
| Average daily | Fee due by | 28540 | ||||
| discharge flow | January 30, | 28541 | ||||
| |
28542 | |||||
| January 30, |
28543 |
| 5,000 to 49,999 | $ 200 | 28544 | ||||
| 50,000 to 100,000 | 500 | 28545 | ||||
| 100,001 to 250,000 | 1,050 | 28546 | ||||
| 250,001 to 1,000,000 | 2,600 | 28547 | ||||
| 1,000,001 to 5,000,000 | 5,200 | 28548 | ||||
| 5,000,001 to 10,000,000 | 10,350 | 28549 | ||||
| 10,000,001 to 20,000,000 | 15,550 | 28550 | ||||
| 20,000,001 to 50,000,000 | 25,900 | 28551 | ||||
| 50,000,001 to 100,000,000 | 41,400 | 28552 | ||||
| 100,000,001 or more | 62,100 | 28553 |
| Public dischargers owning or operating two or more publicly | 28554 |
| owned treatment works serving the same political subdivision, as | 28555 |
| "treatment works" is defined in section 6111.01 of the Revised | 28556 |
| Code, and that serve exclusively political subdivisions having a | 28557 |
| population of fewer than one hundred thousand shall pay an annual | 28558 |
| discharge fee under division (L)(5)(b) of this section that is | 28559 |
| based on the combined average daily discharge flow of the | 28560 |
| treatment works. | 28561 |
| (c) An NPDES permit holder that is an industrial discharger, | 28562 |
| other than a coal mining operator identified by P in the third | 28563 |
| character of the permittee's NPDES permit number, shall pay the | 28564 |
| fee specified in the following schedule: | 28565 |
| Average daily | Fee due by | 28566 | ||||
| discharge flow | January 30, | 28567 | ||||
| |
28568 | |||||
| January 30, |
28569 |
| 5,000 to 49,999 | $ 250 | 28570 | ||||
| 50,000 to 250,000 | 1,200 | 28571 | ||||
| 250,001 to 1,000,000 | 2,950 | 28572 | ||||
| 1,000,001 to 5,000,000 | 5,850 | 28573 | ||||
| 5,000,001 to 10,000,000 | 8,800 | 28574 | ||||
| 10,000,001 to 20,000,000 | 11,700 | 28575 | ||||
| 20,000,001 to 100,000,000 | 14,050 | 28576 | ||||
| 100,000,001 to 250,000,000 | 16,400 | 28577 | ||||
| 250,000,001 or more | 18,700 | 28578 |
| In addition to the fee specified in the above schedule, an | 28579 |
| NPDES permit holder that is an industrial discharger classified as | 28580 |
| a major discharger during all or part of the annual discharge fee | 28581 |
| billing year specified in division (L)(5)(a)(ii) of this section | 28582 |
| shall pay a nonrefundable annual surcharge of seven thousand five | 28583 |
|
hundred
dollars not later than
January 30,
| 28584 |
| later
than
January 30, | 28585 |
| surcharge at that time shall pay an additional amount that equals | 28586 |
| ten per cent of the amount of the surcharge. | 28587 |
| (d) Notwithstanding divisions (L)(5)(b) and (c) of this | 28588 |
| section, a public discharger identified by I in the third | 28589 |
| character of the permittee's NPDES permit number and an industrial | 28590 |
| discharger identified by I, J, L, V, W, X, Y, or Z in the third | 28591 |
| character of the permittee's NPDES permit number shall pay a | 28592 |
| nonrefundable annual discharge fee of one hundred eighty dollars | 28593 |
|
not later than
January 30,
| 28594 |
|
30,
| 28595 |
| shall pay an additional amount that equals ten per cent of the | 28596 |
| required fee. | 28597 |
| (6) Each person obtaining a national pollutant discharge | 28598 |
| elimination system general or individual permit for municipal | 28599 |
| storm water discharge shall pay a nonrefundable storm water | 28600 |
| discharge fee of one hundred dollars per square mile of area | 28601 |
| permitted. The fee shall not exceed ten thousand dollars and shall | 28602 |
| be payable on or before January 30, 2004, and the thirtieth day of | 28603 |
| January of each year thereafter. Any person who fails to pay the | 28604 |
| fee on the date specified in division (L)(6) of this section shall | 28605 |
| pay an additional amount per year equal to ten per cent of the | 28606 |
| annual fee that is unpaid. | 28607 |
| (7) The director shall transmit all moneys collected under | 28608 |
| division (L) of this section to the treasurer of state for deposit | 28609 |
| into the state treasury to the credit of the surface water | 28610 |
| protection fund created in section 6111.038 of the Revised Code. | 28611 |
| (8) As used in division (L) of this section: | 28612 |
| (a) "NPDES" means the federally approved national pollutant | 28613 |
| discharge elimination system program for issuing, modifying, | 28614 |
| revoking, reissuing, terminating, monitoring, and enforcing | 28615 |
| permits and imposing and enforcing pretreatment requirements under | 28616 |
| Chapter 6111. of the Revised Code and rules adopted under it. | 28617 |
| (b) "Public discharger" means any holder of an NPDES permit | 28618 |
| identified by P in the second character of the NPDES permit number | 28619 |
| assigned by the director. | 28620 |
| (c) "Industrial discharger" means any holder of an NPDES | 28621 |
| permit identified by I in the second character of the NPDES permit | 28622 |
| number assigned by the director. | 28623 |
| (d) "Major discharger" means any holder of an NPDES permit | 28624 |
| classified as major by the regional administrator of the United | 28625 |
| States environmental protection agency in conjunction with the | 28626 |
| director. | 28627 |
| (M) Through June 30,
| 28628 |
| license or license renewal to operate a public water system under | 28629 |
| section 6109.21 of the Revised Code shall pay the appropriate fee | 28630 |
| established under this division at the time of application to the | 28631 |
| director. Any person who fails to pay the fee at that time shall | 28632 |
| pay an additional amount that equals ten per cent of the required | 28633 |
| fee. The director shall transmit all moneys collected under this | 28634 |
| division to the treasurer of state for deposit into the drinking | 28635 |
| water protection fund created in section 6109.30 of the Revised | 28636 |
| Code. | 28637 |
| Except as provided in division (M)(4) of this section, fees | 28638 |
| required under this division shall be calculated and paid in | 28639 |
| accordance with the following schedule: | 28640 |
| (1) For the initial license required under division (A)(1) of | 28641 |
| section 6109.21 of the Revised Code for any public water system | 28642 |
| that is a community water system as defined in section 6109.01 of | 28643 |
| the Revised Code, and for each license renewal required for such a | 28644 |
|
system prior to January 31,
| 28645 |
| Number of service connections | Fee amount | 28646 | |||
| Not more than 49 | $ 112 | 28647 | |||
| 50 to 99 | 176 | 28648 |
| Number of service connections | Average cost per connection | 28649 | ||||
| 100 to 2,499 | $ 1.92 | 28650 | ||||
| 2,500 to 4,999 | 1.48 | 28651 | ||||
| 5,000 to 7,499 | 1.42 | 28652 | ||||
| 7,500 to 9,999 | 1.34 | 28653 | ||||
| 10,000 to 14,999 | 1.16 | 28654 | ||||
| 15,000 to 24,999 | 1.10 | 28655 | ||||
| 25,000 to 49,999 | 1.04 | 28656 | ||||
| 50,000 to 99,999 | .92 | 28657 | ||||
| 100,000 to 149,999 | .86 | 28658 | ||||
| 150,000 to 199,999 | .80 | 28659 | ||||
| 200,000 or more | .76 | 28660 |
| A public water system may determine how it will pay the total | 28661 |
| amount of the fee calculated under division (M)(1) of this | 28662 |
| section, including the assessment of additional user fees that may | 28663 |
| be assessed on a volumetric basis. | 28664 |
| As used in division (M)(1) of this section, "service | 28665 |
| connection" means the number of active or inactive pipes, | 28666 |
| goosenecks, pigtails, and any other fittings connecting a water | 28667 |
| main to any building outlet. | 28668 |
| (2) For the initial license required under division (A)(2) of | 28669 |
| section 6109.21 of the Revised Code for any public water system | 28670 |
| that is not a community water system and serves a nontransient | 28671 |
| population, and for each license renewal required for such a | 28672 |
|
system prior to January 31,
| 28673 |
| Population served | Fee amount | 28674 | ||||
| Fewer than 150 | $ 112 | 28675 | ||||
| 150 to 299 | 176 | 28676 | ||||
| 300 to 749 | 384 | 28677 | ||||
| 750 to 1,499 | 628 | 28678 | ||||
| 1,500 to 2,999 | 1,268 | 28679 | ||||
| 3,000 to 7,499 | 2,816 | 28680 | ||||
| 7,500 to 14,999 | 5,510 | 28681 | ||||
| 15,000 to 22,499 | 9,048 | 28682 | ||||
| 22,500 to 29,999 | 12,430 | 28683 | ||||
| 30,000 or more | 16,820 | 28684 |
| As used in division (M)(2) of this section, "population | 28685 |
| served" means the total number of individuals receiving water from | 28686 |
| the water supply during a twenty-four-hour period for at least | 28687 |
| sixty days during any calendar year. In the absence of a specific | 28688 |
| population count, that number shall be calculated at the rate of | 28689 |
| three individuals per service connection. | 28690 |
| (3) For the initial license required under division (A)(3) of | 28691 |
| section 6109.21 of the Revised Code for any public water system | 28692 |
| that is not a community water system and serves a transient | 28693 |
| population, and for each license renewal required for such a | 28694 |
|
system prior to January 31,
| 28695 |
| Number of wells supplying system | Fee amount | 28696 | ||||
| 1 | $112 | 28697 | ||||
| 2 | 112 | 28698 | ||||
| 3 | 176 | 28699 | ||||
| 4 | 278 | 28700 | ||||
| 5 | 568 | 28701 | ||||
| System designated as using a | 28702 | |||||
| surface water source | 792 | 28703 |
| As used in division (M)(3) of this section, "number of wells | 28704 |
| supplying system" means those wells that are physically connected | 28705 |
| to the plumbing system serving the public water system. | 28706 |
| (4) A public water system designated as using a surface water | 28707 |
| source shall pay a fee of seven hundred ninety-two dollars or the | 28708 |
| amount calculated under division (M)(1) or (2) of this section, | 28709 |
| whichever is greater. | 28710 |
| (N)(1) A person applying for a plan approval for a public | 28711 |
| water supply system under section 6109.07 of the Revised Code | 28712 |
| shall pay a fee of one hundred fifty dollars plus thirty-five | 28713 |
| hundredths of one per cent of the estimated project cost, except | 28714 |
| that the total fee shall not exceed twenty thousand dollars | 28715 |
| through June 30,
| 28716 |
| after July 1,
| 28717 |
| application is submitted. | 28718 |
| (2) A person who has entered into an agreement with the | 28719 |
| director under division (A)(2) of section 6109.07 of the Revised | 28720 |
| Code shall pay an administrative service fee for each plan | 28721 |
| submitted under that section for approval that shall not exceed | 28722 |
| the minimum amount necessary to pay administrative costs directly | 28723 |
| attributable to processing plan approvals. The director annually | 28724 |
| shall calculate the fee and shall notify all persons that have | 28725 |
| entered into agreements under that division, or who have applied | 28726 |
| for agreements, of the amount of the fee. | 28727 |
| (3) Through June 30,
| 28728 |
| survey basis, shall be charged any person for services rendered by | 28729 |
| the state in the evaluation of laboratories and laboratory | 28730 |
| personnel for compliance with accepted analytical techniques and | 28731 |
| procedures established pursuant to Chapter 6109. of the Revised | 28732 |
| Code for determining the qualitative characteristics of water: | 28733 |
| microbiological | 28734 | ||||||
| MMO-MUG | $2,000 | 28735 | |||||
| MF | 2,100 | 28736 | |||||
| MMO-MUG and MF | 2,550 | 28737 | |||||
| organic chemical | 5,400 | 28738 | |||||
| trace metals | 5,400 | 28739 | |||||
| standard chemistry | 2,800 | 28740 | |||||
| limited chemistry | 1,550 | 28741 | |||||
| On and after July 1,
| 28742 |
| survey basis, shall be charged any such person: | 28743 |
| microbiological | $ 1,650 | 28744 | ||||
| organic chemicals | 3,500 | 28745 | ||||
| trace metals | 3,500 | 28746 | ||||
| standard chemistry | 1,800 | 28747 | ||||
| limited chemistry | 1,000 | 28748 |
| The fee for those services shall be paid at the time the request | 28749 |
|
for the survey is made. Through June 30,
| 28750 |
| laboratory shall not be assessed a fee under this division more | 28751 |
| than once in any three-year period unless the person requests the | 28752 |
| addition of analytical methods or analysts, in which case the | 28753 |
| person shall pay eighteen hundred dollars for each additional | 28754 |
| survey requested. | 28755 |
| As used in division (N)(3) of this section: | 28756 |
| (a) "MF" means microfiltration. | 28757 |
| (b) "MMO" means minimal medium ONPG. | 28758 |
| (c) "MUG" means 4-methylumbelliferyl-beta-D-glucuronide. | 28759 |
| (d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside. | 28760 |
| The director shall transmit all moneys collected under this | 28761 |
| division to the treasurer of state for deposit into the drinking | 28762 |
| water protection fund created in section 6109.30 of the Revised | 28763 |
| Code. | 28764 |
| (O) Any person applying to the director for examination for | 28765 |
| certification as an operator of a water supply system or | 28766 |
| wastewater system under Chapter 6109. or 6111. of the Revised | 28767 |
| Code, at the time the application is submitted, shall pay an | 28768 |
| application fee of forty-five dollars through November 30, | 28769 |
| 2010, and twenty-five dollars on and after December 1, | 28770 |
| Upon approval from the director that the applicant is eligible to | 28771 |
| take the examination therefor, the applicant shall pay a fee in | 28772 |
| accordance with the following schedule through November 30, | 28773 |
| 2010: | 28774 |
| Class A operator | $35 | 28775 | ||||
| Class I operator | 60 | 28776 | ||||
| Class II operator | 75 | 28777 | ||||
| Class III operator | 85 | 28778 | ||||
| Class IV operator | 100 | 28779 |
| On and after December 1,
| 28780 |
| fee in accordance with the following schedule: | 28781 |
| Class A operator | $25 | 28782 | ||||
| Class I operator | $45 | 28783 | ||||
| Class II operator | 55 | 28784 | ||||
| Class III operator | 65 | 28785 | ||||
| Class IV operator | 75 | 28786 |
| A person shall pay a biennial certification renewal fee for | 28787 |
| each applicable class of certification in accordance with the | 28788 |
| following schedule: | 28789 |
| Class A operator | $25 | 28790 | ||||
| Class I operator | 35 | 28791 | ||||
| Class II operator | 45 | 28792 | ||||
| Class III operator | 55 | 28793 | ||||
| Class IV operator | 65 | 28794 |
| If a certification renewal fee is received by the director | 28795 |
| more than thirty days, but not more than one year after the | 28796 |
| expiration date of the certification, the person shall pay a | 28797 |
| certification renewal fee in accordance with the following | 28798 |
| schedule: | 28799 |
| Class A operator | $45 | 28800 | ||||
| Class I operator | 55 | 28801 | ||||
| Class II operator | 65 | 28802 | ||||
| Class III operator | 75 | 28803 | ||||
| Class IV operator | 85 | 28804 |
| A person who requests a replacement certificate shall pay a | 28805 |
| fee of twenty-five dollars at the time the request is made. | 28806 |
| The director shall transmit all moneys collected under this | 28807 |
| division to the treasurer of state for deposit into the drinking | 28808 |
| water protection fund created in section 6109.30 of the Revised | 28809 |
| Code. | 28810 |
| (P) Any person submitting an application for an industrial | 28811 |
| water pollution control certificate under section 6111.31 of the | 28812 |
| Revised Code, as that section existed before its repeal by H.B. 95 | 28813 |
| of the 125th general assembly, shall pay a nonrefundable fee of | 28814 |
| five hundred dollars at the time the application is submitted. The | 28815 |
| director shall transmit all moneys collected under this division | 28816 |
| to the treasurer of state for deposit into the surface water | 28817 |
| protection fund created in section 6111.038 of the Revised Code. A | 28818 |
| person paying a certificate fee under this division shall not pay | 28819 |
| an application fee under division (S)(1) of this section. On and | 28820 |
| after June 26, 2003, persons shall file such applications and pay | 28821 |
| the fee as required under sections 5709.20 to 5709.27 of the | 28822 |
| Revised Code, and proceeds from the fee shall be credited as | 28823 |
| provided in section 5709.212 of the Revised Code. | 28824 |
| (Q) Except as otherwise provided in division (R) of this | 28825 |
| section, a person issued a permit by the director for a new solid | 28826 |
| waste disposal facility other than an incineration or composting | 28827 |
| facility, a new infectious waste treatment facility other than an | 28828 |
| incineration facility, or a modification of such an existing | 28829 |
| facility that includes an increase in the total disposal or | 28830 |
| treatment capacity of the facility pursuant to Chapter 3734. of | 28831 |
| the Revised Code shall pay a fee of ten dollars per thousand cubic | 28832 |
| yards of disposal or treatment capacity, or one thousand dollars, | 28833 |
| whichever is greater, except that the total fee for any such | 28834 |
| permit shall not exceed eighty thousand dollars. A person issued a | 28835 |
| modification of a permit for a solid waste disposal facility or an | 28836 |
| infectious waste treatment facility that does not involve an | 28837 |
| increase in the total disposal or treatment capacity of the | 28838 |
| facility shall pay a fee of one thousand dollars. A person issued | 28839 |
| a permit to install a new, or modify an existing, solid waste | 28840 |
| transfer facility under that chapter shall pay a fee of two | 28841 |
| thousand five hundred dollars. A person issued a permit to install | 28842 |
| a new or to modify an existing solid waste incineration or | 28843 |
| composting facility, or an existing infectious waste treatment | 28844 |
| facility using incineration as its principal method of treatment, | 28845 |
| under that chapter shall pay a fee of one thousand dollars. The | 28846 |
| increases in the permit fees under this division resulting from | 28847 |
| the amendments made by Amended Substitute House Bill 592 of the | 28848 |
| 117th general assembly do not apply to any person who submitted an | 28849 |
| application for a permit to install a new, or modify an existing, | 28850 |
| solid waste disposal facility under that chapter prior to | 28851 |
| September 1, 1987; any such person shall pay the permit fee | 28852 |
| established in this division as it existed prior to June 24, 1988. | 28853 |
| In addition to the applicable permit fee under this division, a | 28854 |
| person issued a permit to install or modify a solid waste facility | 28855 |
| or an infectious waste treatment facility under that chapter who | 28856 |
| fails to pay the permit fee to the director in compliance with | 28857 |
| division (V) of this section shall pay an additional ten per cent | 28858 |
| of the amount of the fee for each week that the permit fee is | 28859 |
| late. | 28860 |
| Permit and late payment fees paid to the director under this | 28861 |
| division shall be credited to the general revenue fund. | 28862 |
| (R)(1) A person issued a registration certificate for a scrap | 28863 |
| tire collection facility under section 3734.75 of the Revised Code | 28864 |
| shall pay a fee of two hundred dollars, except that if the | 28865 |
| facility is owned or operated by a motor vehicle salvage dealer | 28866 |
| licensed under Chapter 4738. of the Revised Code, the person shall | 28867 |
| pay a fee of twenty-five dollars. | 28868 |
| (2) A person issued a registration certificate for a new | 28869 |
| scrap tire storage facility under section 3734.76 of the Revised | 28870 |
| Code shall pay a fee of three hundred dollars, except that if the | 28871 |
| facility is owned or operated by a motor vehicle salvage dealer | 28872 |
| licensed under Chapter 4738. of the Revised Code, the person shall | 28873 |
| pay a fee of twenty-five dollars. | 28874 |
| (3) A person issued a permit for a scrap tire storage | 28875 |
| facility under section 3734.76 of the Revised Code shall pay a fee | 28876 |
| of one thousand dollars, except that if the facility is owned or | 28877 |
| operated by a motor vehicle salvage dealer licensed under Chapter | 28878 |
| 4738. of the Revised Code, the person shall pay a fee of fifty | 28879 |
| dollars. | 28880 |
| (4) A person issued a permit for a scrap tire monocell or | 28881 |
| monofill facility under section 3734.77 of the Revised Code shall | 28882 |
| pay a fee of ten dollars per thousand cubic yards of disposal | 28883 |
| capacity or one thousand dollars, whichever is greater, except | 28884 |
| that the total fee for any such permit shall not exceed eighty | 28885 |
| thousand dollars. | 28886 |
| (5) A person issued a registration certificate for a scrap | 28887 |
| tire recovery facility under section 3734.78 of the Revised Code | 28888 |
| shall pay a fee of one hundred dollars. | 28889 |
| (6) A person issued a permit for a scrap tire recovery | 28890 |
| facility under section 3734.78 of the Revised Code shall pay a fee | 28891 |
| of one thousand dollars. | 28892 |
| (7) In addition to the applicable registration certificate or | 28893 |
| permit fee under divisions (R)(1) to (6) of this section, a person | 28894 |
| issued a registration certificate or permit for any such scrap | 28895 |
| tire facility who fails to pay the registration certificate or | 28896 |
| permit fee to the director in compliance with division (V) of this | 28897 |
| section shall pay an additional ten per cent of the amount of the | 28898 |
| fee for each week that the fee is late. | 28899 |
| (8) The registration certificate, permit, and late payment | 28900 |
| fees paid to the director under divisions (R)(1) to (7) of this | 28901 |
| section shall be credited to the scrap tire management fund | 28902 |
| created in section 3734.82 of the Revised Code. | 28903 |
| (S)(1) Except as provided by divisions (L), (M), (N), (O), | 28904 |
| (P), and (S)(2) of this section, division (A)(2) of section | 28905 |
| 3734.05 of the Revised Code, section 3734.79 of the Revised Code, | 28906 |
| and rules adopted under division (T)(1) of this section, any | 28907 |
| person applying for a registration certificate under section | 28908 |
| 3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, | 28909 |
| variance, or plan approval under Chapter 3734. of the Revised Code | 28910 |
| shall pay a nonrefundable fee of fifteen dollars at the time the | 28911 |
| application is submitted. | 28912 |
| Except as otherwise provided, any person applying for a | 28913 |
| permit, variance, or plan approval under Chapter 6109. or 6111. of | 28914 |
| the Revised Code shall pay a nonrefundable fee of one hundred | 28915 |
| dollars at the time the application is submitted through June 30, | 28916 |
| 28917 | |
|
the
application is submitted on and after July 1,
| 28918 |
|
Through June
30,
| 28919 |
| pollutant discharge elimination system permit under Chapter 6111. | 28920 |
| of the Revised Code shall pay a nonrefundable fee of two hundred | 28921 |
| dollars at the time of application for the permit. On and after | 28922 |
|
July 1,
| 28923 |
| fifteen dollars at the time of application. | 28924 |
| In addition to the application fee established under division | 28925 |
| (S)(1) of this section, any person applying for a national | 28926 |
| pollutant discharge elimination system general storm water | 28927 |
| construction permit shall pay a nonrefundable fee of twenty | 28928 |
| dollars per acre for each acre that is permitted above five acres | 28929 |
| at the time the application is submitted. However, the per acreage | 28930 |
| fee shall not exceed three hundred dollars. In addition, any | 28931 |
| person applying for a national pollutant discharge elimination | 28932 |
| system general storm water industrial permit shall pay a | 28933 |
| nonrefundable fee of one hundred fifty dollars at the time the | 28934 |
| application is submitted. | 28935 |
| The director shall transmit all moneys collected under | 28936 |
| division (S)(1) of this section pursuant to Chapter 6109. of the | 28937 |
| Revised Code to the treasurer of state for deposit into the | 28938 |
| drinking water protection fund created in section 6109.30 of the | 28939 |
| Revised Code. | 28940 |
| The director shall transmit all moneys collected under | 28941 |
| division (S)(1) of this section pursuant to Chapter 6111. of the | 28942 |
| Revised Code to the treasurer of state for deposit into the | 28943 |
| surface water protection fund created in section 6111.038 of the | 28944 |
| Revised Code. | 28945 |
| If a registration certificate is issued under section | 28946 |
| 3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of | 28947 |
| the application fee paid shall be deducted from the amount of the | 28948 |
| registration certificate fee due under division (R)(1), (2), or | 28949 |
| (5) of this section, as applicable. | 28950 |
| If a person submits an electronic application for a | 28951 |
| registration certificate, permit, variance, or plan approval for | 28952 |
| which an application fee is established under division (S)(1) of | 28953 |
| this section, the person shall pay the applicable application fee | 28954 |
| as expeditiously as possible after the submission of the | 28955 |
| electronic application. An application for a registration | 28956 |
| certificate, permit, variance, or plan approval for which an | 28957 |
| application fee is established under division (S)(1) of this | 28958 |
| section shall not be reviewed or processed until the applicable | 28959 |
| application fee, and any other fees established under this | 28960 |
| division, are paid. | 28961 |
| (2) Division (S)(1) of this section does not apply to an | 28962 |
| application for a registration certificate for a scrap tire | 28963 |
| collection or storage facility submitted under section 3734.75 or | 28964 |
| 3734.76 of the Revised Code, as applicable, if the owner or | 28965 |
| operator of the facility or proposed facility is a motor vehicle | 28966 |
| salvage dealer licensed under Chapter 4738. of the Revised Code. | 28967 |
| (T) The director may adopt, amend, and rescind rules in | 28968 |
| accordance with Chapter 119. of the Revised Code that do all of | 28969 |
| the following: | 28970 |
| (1) Prescribe fees to be paid by applicants for and holders | 28971 |
| of any license, permit, variance, plan approval, or certification | 28972 |
| required or authorized by Chapter 3704., 3734., 6109., or 6111. of | 28973 |
| the Revised Code that are not specifically established in this | 28974 |
| section. The fees shall be designed to defray the cost of | 28975 |
| processing, issuing, revoking, modifying, denying, and enforcing | 28976 |
| the licenses, permits, variances, plan approvals, and | 28977 |
| certifications. | 28978 |
| The director shall transmit all moneys collected under rules | 28979 |
| adopted under division (T)(1) of this section pursuant to Chapter | 28980 |
| 6109. of the Revised Code to the treasurer of state for deposit | 28981 |
| into the drinking water protection fund created in section 6109.30 | 28982 |
| of the Revised Code. | 28983 |
| The director shall transmit all moneys collected under rules | 28984 |
| adopted under division (T)(1) of this section pursuant to Chapter | 28985 |
| 6111. of the Revised Code to the treasurer of state for deposit | 28986 |
| into the surface water protection fund created in section 6111.038 | 28987 |
| of the Revised Code. | 28988 |
| (2) Exempt the state and political subdivisions thereof, | 28989 |
| including education facilities or medical facilities owned by the | 28990 |
| state or a political subdivision, or any person exempted from | 28991 |
| taxation by section 5709.07 or 5709.12 of the Revised Code, from | 28992 |
| any fee required by this section; | 28993 |
| (3) Provide for the waiver of any fee, or any part thereof, | 28994 |
| otherwise required by this section whenever the director | 28995 |
| determines that the imposition of the fee would constitute an | 28996 |
| unreasonable cost of doing business for any applicant, class of | 28997 |
| applicants, or other person subject to the fee; | 28998 |
| (4) Prescribe measures that the director considers necessary | 28999 |
| to carry out this section. | 29000 |
| (U) When the director reasonably demonstrates that the direct | 29001 |
| cost to the state associated with the issuance of a permit to | 29002 |
| install, license, variance, plan approval, or certification | 29003 |
| exceeds the fee for the issuance or review specified by this | 29004 |
| section, the director may condition the issuance or review on the | 29005 |
| payment by the person receiving the issuance or review of, in | 29006 |
| addition to the fee specified by this section, the amount, or any | 29007 |
| portion thereof, in excess of the fee specified under this | 29008 |
| section. The director shall not so condition issuances for which | 29009 |
| fees are prescribed in divisions (B)(7) and (L)(1)(b) of this | 29010 |
| section. | 29011 |
| (V) Except as provided in divisions (L), (M), and (P) of this | 29012 |
| section or unless otherwise prescribed by a rule of the director | 29013 |
| adopted pursuant to Chapter 119. of the Revised Code, all fees | 29014 |
| required by this section are payable within thirty days after the | 29015 |
| issuance of an invoice for the fee by the director or the | 29016 |
| effective date of the issuance of the license, permit, variance, | 29017 |
| plan approval, or certification. If payment is late, the person | 29018 |
| responsible for payment of the fee shall pay an additional ten per | 29019 |
| cent of the amount due for each month that it is late. | 29020 |
| (W) As used in this section, "fuel-burning equipment," | 29021 |
| "fuel-burning equipment input capacity," "incinerator," | 29022 |
| "incinerator input capacity," "process," "process weight rate," | 29023 |
| "storage tank," "gasoline dispensing facility," "dry cleaning | 29024 |
| facility," "design flow discharge," and "new source treatment | 29025 |
| works" have the meanings ascribed to those terms by applicable | 29026 |
| rules or standards adopted by the director under Chapter 3704. or | 29027 |
| 6111. of the Revised Code. | 29028 |
| (X) As used in divisions (B), (C), (D), (E), (F), (H), (I), | 29029 |
| and (J) of this section, and in any other provision of this | 29030 |
| section pertaining to fees paid pursuant to Chapter 3704. of the | 29031 |
| Revised Code: | 29032 |
| (1) "Facility," "federal Clean Air Act," "person," and "Title | 29033 |
| V permit" have the same meanings as in section 3704.01 of the | 29034 |
| Revised Code. | 29035 |
| (2) "Title V permit program" means the following activities | 29036 |
| as necessary to meet the requirements of Title V of the federal | 29037 |
| Clean Air Act and 40 C.F.R. part 70, including at least: | 29038 |
| (a) Preparing and adopting, if applicable, generally | 29039 |
| applicable rules or guidance regarding the permit program or its | 29040 |
| implementation or enforcement; | 29041 |
| (b) Reviewing and acting on any application for a Title V | 29042 |
| permit, permit revision, or permit renewal, including the | 29043 |
| development of an applicable requirement as part of the processing | 29044 |
| of a permit, permit revision, or permit renewal; | 29045 |
| (c) Administering the permit program, including the | 29046 |
| supporting and tracking of permit applications, compliance | 29047 |
| certification, and related data entry; | 29048 |
| (d) Determining which sources are subject to the program and | 29049 |
| implementing and enforcing the terms of any Title V permit, not | 29050 |
| including any court actions or other formal enforcement actions; | 29051 |
| (e) Emission and ambient monitoring; | 29052 |
| (f) Modeling, analyses, or demonstrations; | 29053 |
| (g) Preparing inventories and tracking emissions; | 29054 |
| (h) Providing direct and indirect support to small business | 29055 |
| stationary sources to determine and meet their obligations under | 29056 |
| the federal Clean Air Act pursuant to the small business | 29057 |
| stationary source technical and environmental compliance | 29058 |
| assistance program required by section 507 of that act and | 29059 |
| established in sections 3704.18, 3704.19, and 3706.19 of the | 29060 |
| Revised Code. | 29061 |
| (Y)(1) Except as provided in divisions (Y)(2), (3), and (4) | 29062 |
| of this section, each sewage sludge facility shall pay a | 29063 |
| nonrefundable annual sludge fee equal to three dollars and fifty | 29064 |
| cents per dry ton of sewage sludge, including the dry tons of | 29065 |
| sewage sludge in materials derived from sewage sludge, that the | 29066 |
| sewage sludge facility treats or disposes of in this state. The | 29067 |
| annual volume of sewage sludge treated or disposed of by a sewage | 29068 |
| sludge facility shall be calculated using the first day of January | 29069 |
| through the thirty-first day of December of the calendar year | 29070 |
| preceding the date on which payment of the fee is due. | 29071 |
| (2)(a) Except as provided in division (Y)(2)(d) of this | 29072 |
| section, each sewage sludge facility shall pay a minimum annual | 29073 |
| sewage sludge fee of one hundred dollars. | 29074 |
| (b) The annual sludge fee required to be paid by a sewage | 29075 |
| sludge facility that treats or disposes of exceptional quality | 29076 |
| sludge in this state shall be thirty-five per cent less per dry | 29077 |
| ton of exceptional quality sludge than the fee assessed under | 29078 |
| division (Y)(1) of this section, subject to the following | 29079 |
| exceptions: | 29080 |
| (i) Except as provided in division (Y)(2)(d) of this section, | 29081 |
| a sewage sludge facility that treats or disposes of exceptional | 29082 |
| quality sludge shall pay a minimum annual sewage sludge fee of one | 29083 |
| hundred dollars. | 29084 |
| (ii) A sewage sludge facility that treats or disposes of | 29085 |
| exceptional quality sludge shall not be required to pay the annual | 29086 |
| sludge fee for treatment or disposal in this state of exceptional | 29087 |
| quality sludge generated outside of this state and contained in | 29088 |
| bags or other containers not greater than one hundred pounds in | 29089 |
| capacity. | 29090 |
| A thirty-five per cent reduction for exceptional quality | 29091 |
| sludge applies to the maximum annual fees established under | 29092 |
| division (Y)(3) of this section. | 29093 |
| (c) A sewage sludge facility that transfers sewage sludge to | 29094 |
| another sewage sludge facility in this state for further treatment | 29095 |
| prior to disposal in this state shall not be required to pay the | 29096 |
| annual sludge fee for the tons of sewage sludge that have been | 29097 |
| transferred. In such a case, the sewage sludge facility that | 29098 |
| disposes of the sewage sludge shall pay the annual sludge fee. | 29099 |
| However, the facility transferring the sewage sludge shall pay the | 29100 |
| one-hundred-dollar minimum fee required under division (Y)(2)(a) | 29101 |
| of this section. | 29102 |
| In the case of a sewage sludge facility that treats sewage | 29103 |
| sludge in this state and transfers it out of this state to another | 29104 |
| entity for disposal, the sewage sludge facility in this state | 29105 |
| shall be required to pay the annual sludge fee for the tons of | 29106 |
| sewage sludge that have been transferred. | 29107 |
| (d) A sewage sludge facility that generates sewage sludge | 29108 |
| resulting from an average daily discharge flow of less than five | 29109 |
| thousand gallons per day is not subject to the fees assessed under | 29110 |
| division (Y) of this section. | 29111 |
| (3) No sewage sludge facility required to pay the annual | 29112 |
| sludge fee shall be required to pay more than the maximum annual | 29113 |
| fee for each disposal method that the sewage sludge facility uses. | 29114 |
| The maximum annual fee does not include the additional amount that | 29115 |
| may be charged under division (Y)(5) of this section for late | 29116 |
| payment of the annual sludge fee. The maximum annual fee for the | 29117 |
| following methods of disposal of sewage sludge is as follows: | 29118 |
| (a) Incineration: five thousand dollars; | 29119 |
| (b) Preexisting land reclamation project or disposal in a | 29120 |
| landfill: five thousand dollars; | 29121 |
| (c) Land application, land reclamation, surface disposal, or | 29122 |
| any other disposal method not specified in division (Y)(3)(a) or | 29123 |
| (b) of this section: twenty thousand dollars. | 29124 |
| (4)(a) In the case of an entity that generates sewage sludge | 29125 |
| or a sewage sludge facility that treats sewage sludge and | 29126 |
| transfers the sewage sludge to an incineration facility for | 29127 |
| disposal, the incineration facility, and not the entity generating | 29128 |
| the sewage sludge or the sewage sludge facility treating the | 29129 |
| sewage sludge, shall pay the annual sludge fee for the tons of | 29130 |
| sewage sludge that are transferred. However, the entity or | 29131 |
| facility generating or treating the sewage sludge shall pay the | 29132 |
| one-hundred-dollar minimum fee required under division (Y)(2)(a) | 29133 |
| of this section. | 29134 |
| (b) In the case of an entity that generates sewage sludge and | 29135 |
| transfers the sewage sludge to a landfill for disposal or to a | 29136 |
| sewage sludge facility for land reclamation or surface disposal, | 29137 |
| the entity generating the sewage sludge, and not the landfill or | 29138 |
| sewage sludge facility, shall pay the annual sludge fee for the | 29139 |
| tons of sewage sludge that are transferred. | 29140 |
| (5) Not later than the first day of April of the calendar | 29141 |
| year following March 17, 2000, and each first day of April | 29142 |
| thereafter, the director shall issue invoices to persons who are | 29143 |
| required to pay the annual sludge fee. The invoice shall identify | 29144 |
| the nature and amount of the annual sludge fee assessed and state | 29145 |
| the first day of May as the deadline for receipt by the director | 29146 |
| of objections regarding the amount of the fee and the first day of | 29147 |
| July as the deadline for payment of the fee. | 29148 |
| Not later than the first day of May following receipt of an | 29149 |
| invoice, a person required to pay the annual sludge fee may submit | 29150 |
| objections to the director concerning the accuracy of information | 29151 |
| regarding the number of dry tons of sewage sludge used to | 29152 |
| calculate the amount of the annual sludge fee or regarding whether | 29153 |
| the sewage sludge qualifies for the exceptional quality sludge | 29154 |
| discount established in division (Y)(2)(b) of this section. The | 29155 |
| director may consider the objections and adjust the amount of the | 29156 |
| fee to ensure that it is accurate. | 29157 |
| If the director does not adjust the amount of the annual | 29158 |
| sludge fee in response to a person's objections, the person may | 29159 |
| appeal the director's determination in accordance with Chapter | 29160 |
| 119. of the Revised Code. | 29161 |
| Not later than the first day of June, the director shall | 29162 |
| notify the objecting person regarding whether the director has | 29163 |
| found the objections to be valid and the reasons for the finding. | 29164 |
| If the director finds the objections to be valid and adjusts the | 29165 |
| amount of the annual sludge fee accordingly, the director shall | 29166 |
| issue with the notification a new invoice to the person | 29167 |
| identifying the amount of the annual sludge fee assessed and | 29168 |
| stating the first day of July as the deadline for payment. | 29169 |
| Not later than the first day of July, any person who is | 29170 |
| required to do so shall pay the annual sludge fee. Any person who | 29171 |
| is required to pay the fee, but who fails to do so on or before | 29172 |
| that date shall pay an additional amount that equals ten per cent | 29173 |
| of the required annual sludge fee. | 29174 |
| (6) The director shall transmit all moneys collected under | 29175 |
| division (Y) of this section to the treasurer of state for deposit | 29176 |
| into the surface water protection fund created in section 6111.038 | 29177 |
| of the Revised Code. The moneys shall be used to defray the costs | 29178 |
| of administering and enforcing provisions in Chapter 6111. of the | 29179 |
| Revised Code and rules adopted under it that govern the use, | 29180 |
| storage, treatment, or disposal of sewage sludge. | 29181 |
| (7) Beginning in fiscal year 2001, and every two years | 29182 |
| thereafter, the director shall review the total amount of moneys | 29183 |
| generated by the annual sludge fees to determine if that amount | 29184 |
| exceeded six hundred thousand dollars in either of the two | 29185 |
| preceding fiscal years. If the total amount of moneys in the fund | 29186 |
| exceeded six hundred thousand dollars in either fiscal year, the | 29187 |
| director, after review of the fee structure and consultation with | 29188 |
| affected persons, shall issue an order reducing the amount of the | 29189 |
| fees levied under division (Y) of this section so that the | 29190 |
| estimated amount of moneys resulting from the fees will not exceed | 29191 |
| six hundred thousand dollars in any fiscal year. | 29192 |
| If, upon review of the fees under division (Y)(7) of this | 29193 |
| section and after the fees have been reduced, the director | 29194 |
| determines that the total amount of moneys collected and | 29195 |
| accumulated is less than six hundred thousand dollars, the | 29196 |
| director, after review of the fee structure and consultation with | 29197 |
| affected persons, may issue an order increasing the amount of the | 29198 |
| fees levied under division (Y) of this section so that the | 29199 |
| estimated amount of moneys resulting from the fees will be | 29200 |
| approximately six hundred thousand dollars. Fees shall never be | 29201 |
| increased to an amount exceeding the amount specified in division | 29202 |
| (Y)(7) of this section. | 29203 |
| Notwithstanding section 119.06 of the Revised Code, the | 29204 |
| director may issue an order under division (Y)(7) of this section | 29205 |
| without the necessity to hold an adjudicatory hearing in | 29206 |
| connection with the order. The issuance of an order under this | 29207 |
| division is not an act or action for purposes of section 3745.04 | 29208 |
| of the Revised Code. | 29209 |
| (8) As used in division (Y) of this section: | 29210 |
| (a) "Sewage sludge facility" means an entity that performs | 29211 |
| treatment on or is responsible for the disposal of sewage sludge. | 29212 |
| (b) "Sewage sludge" means a solid, semi-solid, or liquid | 29213 |
| residue generated during the treatment of domestic sewage in a | 29214 |
| treatment works as defined in section 6111.01 of the Revised Code. | 29215 |
| "Sewage sludge" includes, but is not limited to, scum or solids | 29216 |
| removed in primary, secondary, or advanced wastewater treatment | 29217 |
| processes. "Sewage sludge" does not include ash generated during | 29218 |
| the firing of sewage sludge in a sewage sludge incinerator, grit | 29219 |
| and screenings generated during preliminary treatment of domestic | 29220 |
| sewage in a treatment works, animal manure, residue generated | 29221 |
| during treatment of animal manure, or domestic septage. | 29222 |
| (c) "Exceptional quality sludge" means sewage sludge that | 29223 |
| meets all of the following qualifications: | 29224 |
| (i) Satisfies the class A pathogen standards in 40 C.F.R. | 29225 |
| 503.32(a); | 29226 |
| (ii) Satisfies one of the vector attraction reduction | 29227 |
| requirements in 40 C.F.R. 503.33(b)(1) to (b)(8); | 29228 |
| (iii) Does not exceed the ceiling concentration limitations | 29229 |
| for metals listed in table one of 40 C.F.R. 503.13; | 29230 |
| (iv) Does not exceed the concentration limitations for metals | 29231 |
| listed in table three of 40 C.F.R. 503.13. | 29232 |
| (d) "Treatment" means the preparation of sewage sludge for | 29233 |
| final use or disposal and includes, but is not limited to, | 29234 |
| thickening, stabilization, and dewatering of sewage sludge. | 29235 |
| (e) "Disposal" means the final use of sewage sludge, | 29236 |
| including, but not limited to, land application, land reclamation, | 29237 |
| surface disposal, or disposal in a landfill or an incinerator. | 29238 |
| (f) "Land application" means the spraying or spreading of | 29239 |
| sewage sludge onto the land surface, the injection of sewage | 29240 |
| sludge below the land surface, or the incorporation of sewage | 29241 |
| sludge into the soil for the purposes of conditioning the soil or | 29242 |
| fertilizing crops or vegetation grown in the soil. | 29243 |
| (g) "Land reclamation" means the returning of disturbed land | 29244 |
| to productive use. | 29245 |
| (h) "Surface disposal" means the placement of sludge on an | 29246 |
| area of land for disposal, including, but not limited to, | 29247 |
| monofills, surface impoundments, lagoons, waste piles, or | 29248 |
| dedicated disposal sites. | 29249 |
| (i) "Incinerator" means an entity that disposes of sewage | 29250 |
| sludge through the combustion of organic matter and inorganic | 29251 |
| matter in sewage sludge by high temperatures in an enclosed | 29252 |
| device. | 29253 |
| (j) "Incineration facility" includes all incinerators owned | 29254 |
| or operated by the same entity and located on a contiguous tract | 29255 |
| of land. Areas of land are considered to be contiguous even if | 29256 |
| they are separated by a public road or highway. | 29257 |
| (k) "Annual sludge fee" means the fee assessed under division | 29258 |
| (Y)(1) of this section. | 29259 |
| (l) "Landfill" means a sanitary landfill facility, as defined | 29260 |
| in rules adopted under section 3734.02 of the Revised Code, that | 29261 |
| is licensed under section 3734.05 of the Revised Code. | 29262 |
| (m) "Preexisting land reclamation project" means a | 29263 |
| property-specific land reclamation project that has been in | 29264 |
| continuous operation for not less than five years pursuant to | 29265 |
| approval of the activity by the director and includes the | 29266 |
| implementation of a community outreach program concerning the | 29267 |
| activity. | 29268 |
| Sec. 3769.087. (A) In addition to the commission of eighteen | 29269 |
| per cent retained by each permit holder as provided in section | 29270 |
| 3769.08 of the Revised Code, each permit holder shall retain an | 29271 |
| additional amount equal to four per cent of the total of all | 29272 |
| moneys wagered on each racing day on all wagering pools other than | 29273 |
| win, place, and show, of which amount retained an amount equal to | 29274 |
| three per cent of the total of all moneys wagered on each racing | 29275 |
| day on those pools shall be paid by check, draft, or money order | 29276 |
| to the tax commissioner, as a tax. Subject to the restrictions | 29277 |
| contained in divisions (B), (C), and (M) of section 3769.08 of the | 29278 |
| Revised Code, from such additional moneys paid to the tax | 29279 |
| commissioner: | 29280 |
| (1) Four-sixths shall be allocated to fund distribution as | 29281 |
| provided in division (M) of section 3769.08 of the Revised Code. | 29282 |
| (2) One-twelfth shall be paid into the Ohio fairs fund | 29283 |
| created by section 3769.082 of the Revised Code. | 29284 |
| (3) One-twelfth of the additional moneys paid to the tax | 29285 |
| commissioner by thoroughbred racing permit holders shall be paid | 29286 |
| into the Ohio thoroughbred race fund created by section 3769.083 | 29287 |
| of the Revised Code. | 29288 |
| (4) One-twelfth of the additional moneys paid to the tax | 29289 |
| commissioner by harness horse racing permit holders shall be paid | 29290 |
| to the Ohio standardbred development fund created by section | 29291 |
| 3769.085 of the Revised Code. | 29292 |
| (5) One-twelfth of the additional moneys paid to the tax | 29293 |
| commissioner by quarter horse racing permit holders shall be paid | 29294 |
| to the Ohio quarter horse development fund created by section | 29295 |
| 3769.086 of the Revised Code. | 29296 |
| (6) One-sixth shall be paid into the state racing commission | 29297 |
| operating fund created by section 3769.03 of the Revised Code. | 29298 |
| The remaining one per cent that is retained of the total of | 29299 |
| all moneys wagered on each racing day on all pools other than win, | 29300 |
| place, and show, shall be retained by racing permit holders, and, | 29301 |
| except as otherwise provided in section 3769.089 of the Revised | 29302 |
| Code, racing permit holders shall use one-half for purse money and | 29303 |
| retain one-half. | 29304 |
| (B) In addition to the commission of eighteen per cent | 29305 |
| retained by each permit holder as provided in section 3769.08 of | 29306 |
| the Revised Code and the additional amount retained by each permit | 29307 |
| holder as provided in division (A) of this section, each permit | 29308 |
| holder shall retain an additional amount equal to one-half of one | 29309 |
| per cent of the total of all moneys wagered on each racing day on | 29310 |
|
all wagering
pools
other than win, place, and show. | 29311 |
| 29312 | |
| amount retained under this division | 29313 |
| 29314 | |
| 29315 | |
| 29316 | |
| check, draft, or money order to the tax commissioner, as a tax. | 29317 |
| The tax commissioner shall pay the amount of the tax received | 29318 |
| under this division to the state racing commission operating fund | 29319 |
| created by section 3769.03 of the Revised Code. | 29320 |
| | 29321 |
| 29322 | |
| 29323 | |
| 29324 | |
| 29325 | |
| 29326 |
| | 29327 |
| 29328 | |
| 29329 | |
| 29330 | |
| 29331 | |
| 29332 | |
| 29333 |
| Sec. 3770.03. (A) The state lottery commission shall | 29334 |
| promulgate rules under which a statewide lottery may be conducted. | 29335 |
| The rules shall be promulgated pursuant to Chapter 119. of the | 29336 |
| Revised Code, except that instant game rules shall be promulgated | 29337 |
| pursuant to section 111.15 of the Revised Code but are not subject | 29338 |
| to division (D) of that section. Subjects covered in these rules | 29339 |
| shall include, but need not be limited to, the following: | 29340 |
| (1) The type of lottery to be conducted; | 29341 |
| (2) The prices of tickets in the lottery; | 29342 |
| (3) The number, nature, and value of prize awards, the manner | 29343 |
| and frequency of prize drawings, and the manner in which prizes | 29344 |
| shall be awarded to holders of winning tickets. No rule shall | 29345 |
| authorize drawings on a Sunday for any lottery game unless the | 29346 |
| rule is approved by an executive order of the governor. | 29347 |
| (B) The commission shall promulgate rules, in addition to | 29348 |
| those described in division (A) of this section, pursuant to | 29349 |
| Chapter 119. of the Revised Code under which a statewide lottery | 29350 |
| and statewide joint lottery games may be conducted. Subjects | 29351 |
| covered in these rules shall include, but not be limited to, the | 29352 |
| following: | 29353 |
| (1) The locations at which lottery tickets may be sold and | 29354 |
| the manner in which they are to be sold. These rules may authorize | 29355 |
| the sale of lottery tickets by commission personnel or other | 29356 |
| licensed individuals from traveling show wagons at the state fair, | 29357 |
| and at any other expositions the director of the commission | 29358 |
| considers acceptable. These rules shall prohibit commission | 29359 |
| personnel or other licensed individuals from soliciting from an | 29360 |
| exposition the right to sell lottery tickets at that exposition, | 29361 |
| but shall allow commission personnel or other licensed individuals | 29362 |
| to sell lottery tickets at an exposition if the exposition | 29363 |
| requests commission personnel or licensed individuals to do so. | 29364 |
| These rules may also address the accessibility of sales agent | 29365 |
| locations to commission products in accordance with the "Americans | 29366 |
| with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101 | 29367 |
| et seq. | 29368 |
| (2) The manner in which lottery sales revenues are to be | 29369 |
| collected, including authorization for the director to impose | 29370 |
| penalties for failure by lottery sales agents to transfer revenues | 29371 |
| to the commission in a timely manner; | 29372 |
| (3) The amount of compensation to be paid licensed lottery | 29373 |
| sales agents; | 29374 |
| (4) The substantive criteria for the licensing of lottery | 29375 |
| sales agents consistent with section 3770.05 of the Revised Code, | 29376 |
| and procedures for revoking or suspending their licenses | 29377 |
| consistent with Chapter 119. of the Revised Code. If | 29378 |
| circumstances, such as the nonpayment of funds owed by a lottery | 29379 |
| sales agent, or other circumstances related to the public safety, | 29380 |
| convenience, or trust, require immediate action, the director may | 29381 |
| suspend a license without affording an opportunity for a prior | 29382 |
| hearing under section 119.07 of the Revised Code. | 29383 |
| (5) Special game rules to implement any agreements signed by | 29384 |
| the governor that the director enters into with other lottery | 29385 |
| jurisdictions under division (J) of section 3770.02 of the Revised | 29386 |
| Code to conduct statewide joint lottery games. The rules shall | 29387 |
| require that the entire net proceeds of those games that remain, | 29388 |
| after associated operating expenses, prize disbursements, lottery | 29389 |
| sales agent bonuses, commissions, and reimbursements, and any | 29390 |
| other expenses necessary to comply with the agreements or the | 29391 |
| rules are deducted from the gross proceeds of those games, be | 29392 |
| transferred to the lottery profits education fund under division | 29393 |
| (B) of section 3770.06 of the Revised Code. | 29394 |
| (C) The commission may promulgate rules, in addition to those | 29395 |
| described in divisions (A) and (B) of this section, that establish | 29396 |
| standards governing the display of advertising and celebrity | 29397 |
| images on lottery tickets and on other items that are used in the | 29398 |
| conduct of, or to promote, the statewide lottery and statewide | 29399 |
| joint lottery games. Any revenue derived from the sale of | 29400 |
| advertising displayed on lottery tickets and on those other items | 29401 |
| shall be considered, for purposes of section 3770.06 of the | 29402 |
| Revised Code, to be related proceeds in connection with the | 29403 |
| statewide lottery or gross proceeds from statewide joint lottery | 29404 |
| games, as applicable. | 29405 |
| (D)(1) The commission shall meet with the director at least | 29406 |
| once each month and shall convene other meetings at the request of | 29407 |
| the chairperson or any five of the members. No action taken by the | 29408 |
| commission shall be binding unless at least five of the members | 29409 |
| present vote in favor of the action. A written record shall be | 29410 |
| made of the proceedings of each meeting and shall be transmitted | 29411 |
| forthwith to the governor, the president of the senate, the senate | 29412 |
| minority leader, the speaker of the house of representatives, and | 29413 |
| the house minority leader. | 29414 |
| (2) The director shall present to the commission a report | 29415 |
| each month, showing the total revenues, prize disbursements, and | 29416 |
| operating expenses of the state lottery for the preceding month. | 29417 |
| As soon as practicable after the end of each fiscal year, the | 29418 |
| commission shall prepare and transmit to the governor and the | 29419 |
| general assembly a report of lottery revenues, prize | 29420 |
| disbursements, and operating expenses for the preceding fiscal | 29421 |
| year and any recommendations for legislation considered necessary | 29422 |
| by the commission. | 29423 |
| Sec. 3770.06. (A) There is hereby created the state lottery | 29424 |
| gross revenue fund, which shall be in the custody of the treasurer | 29425 |
| of state but shall not be part of the state treasury. All gross | 29426 |
| revenues received from sales of lottery tickets, fines, fees, and | 29427 |
| related proceeds in connection with the statewide lottery and all | 29428 |
| gross proceeds from statewide joint lottery games shall be | 29429 |
| deposited into the fund. The treasurer of state shall invest any | 29430 |
| portion of the fund not needed for immediate use in the same | 29431 |
| manner as, and subject to all provisions of law with respect to | 29432 |
| the investment of, state funds. The treasurer of state shall | 29433 |
| disburse money from the fund on order of the director of the state | 29434 |
| lottery commission or the director's designee. | 29435 |
| Except for gross proceeds from statewide joint lottery games, | 29436 |
| all revenues of the state lottery gross revenue fund that are not | 29437 |
| paid to holders of winning lottery tickets, that are not required | 29438 |
| to meet short-term prize liabilities, that are not credited to | 29439 |
| lottery sales agents in the form of bonuses, commissions, or | 29440 |
| reimbursements, that are not paid to financial institutions to | 29441 |
| reimburse those institutions for sales agent nonsufficient funds, | 29442 |
| and that are collected from sales agents for remittance to | 29443 |
| insurers under contract to provide sales agent bonding services | 29444 |
| shall be transferred to the state lottery fund, which is hereby | 29445 |
| created in the state treasury. In addition, all revenues of the | 29446 |
| state lottery gross revenue fund that represent the gross proceeds | 29447 |
| from the statewide joint lottery games and that are not paid to | 29448 |
| holders of winning lottery tickets, that are not required to meet | 29449 |
| short-term prize liabilities, that are not credited to lottery | 29450 |
| sales agents in the form of bonuses, commissions, or | 29451 |
| reimbursements, and that are not necessary to cover operating | 29452 |
| expenses associated with those games or to otherwise comply with | 29453 |
| the agreements signed by the governor that the director enters | 29454 |
| into under division (J) of section 3770.02 of the Revised Code or | 29455 |
| the rules the commission adopts under division (B)(5) of section | 29456 |
| 3770.03 of the Revised Code shall be transferred to the state | 29457 |
| lottery fund. All investment earnings of the fund shall be | 29458 |
| credited to the fund. Moneys shall be disbursed from the fund | 29459 |
| pursuant to vouchers approved by the director. Total disbursements | 29460 |
| for monetary prize awards to holders of winning lottery tickets in | 29461 |
| connection with the statewide lottery and purchases of goods and | 29462 |
| services awarded as prizes to holders of winning lottery tickets | 29463 |
| shall be of an amount equal to at least fifty per cent of the | 29464 |
| total revenue accruing from the sale of lottery tickets. | 29465 |
| (B) Pursuant to Section 6 of Article XV, Ohio Constitution, | 29466 |
| there is hereby established in the state treasury the lottery | 29467 |
| profits education fund. Whenever, in the judgment of the director | 29468 |
| of budget and management, the amount to the credit of the state | 29469 |
| lottery fund that does not represent proceeds from statewide joint | 29470 |
| lottery games is in excess of that needed to meet the maturing | 29471 |
| obligations of the commission and as working capital for its | 29472 |
| further operations, the director shall transfer the excess to the | 29473 |
| lottery profits education fund in connection with the statewide | 29474 |
| lottery. In addition, whenever, in the judgment of the director of | 29475 |
| budget and management, the amount to the credit of the state | 29476 |
| lottery fund that represents proceeds from statewide joint lottery | 29477 |
| games equals the entire net proceeds of those games as described | 29478 |
| in division (B)(5) of section 3770.03 of the Revised Code and the | 29479 |
| rules adopted under that division, the director shall transfer | 29480 |
| those proceeds to the lottery profits education fund. There shall | 29481 |
| also be credited to the fund any repayments of moneys loaned from | 29482 |
| the educational excellence investment fund. Investment earnings of | 29483 |
| the lottery profits education fund shall be credited to the fund. | 29484 |
| The lottery profits education fund shall be used solely for | 29485 |
| the support of elementary, secondary, vocational, and special | 29486 |
| education programs as determined in appropriations made by the | 29487 |
| general assembly, or as provided in applicable bond proceedings | 29488 |
| for the payment of debt service on obligations issued to pay costs | 29489 |
| of capital facilities, including those for a system of common | 29490 |
| schools throughout the state pursuant to section 2n of Article | 29491 |
| VIII, Ohio Constitution. When determining the availability of | 29492 |
| money in the lottery profits education fund, the director of | 29493 |
| budget and management may consider all balances and estimated | 29494 |
| revenues of the fund. | 29495 |
| | 29496 |
| 29497 | |
| 29498 | |
| 29499 | |
| 29500 | |
| 29501 | |
| 29502 | |
| 29503 | |
| 29504 | |
| 29505 | |
| 29506 |
| (C) There is hereby established in the state treasury the | 29507 |
| deferred prizes trust fund. With the approval of the director of | 29508 |
| budget and management, an amount sufficient to fund annuity prizes | 29509 |
| shall be transferred from the state lottery fund and credited to | 29510 |
| the trust fund. The treasurer of state shall credit all earnings | 29511 |
| arising from investments purchased under this division to the | 29512 |
| trust fund. Within sixty days after the end of each fiscal year, | 29513 |
| the treasurer of state shall certify to the director of budget and | 29514 |
| management whether the actuarial amount of the trust fund is | 29515 |
| sufficient over the fund's life for continued funding of all | 29516 |
| remaining deferred prize liabilities as of the last day of the | 29517 |
| fiscal year just ended. Also, within that sixty days, the director | 29518 |
| of budget and management shall certify the amount of investment | 29519 |
| earnings necessary to have been credited to the trust fund during | 29520 |
| the fiscal year just ending to provide for such continued funding | 29521 |
| of deferred prizes. Any earnings credited
in excess of
| 29522 |
| latter certified amount shall be transferred to the lottery | 29523 |
| profits education fund. | 29524 |
| To provide all or a part of the amounts necessary to fund | 29525 |
| deferred prizes awarded by the commission in connection with the | 29526 |
| statewide lottery, the treasurer of state, in consultation with | 29527 |
| the commission, may invest moneys contained in the deferred prizes | 29528 |
| trust fund which represents proceeds from the statewide lottery in | 29529 |
| obligations of the type permitted for the investment of state | 29530 |
| funds but whose maturities are thirty years or less. | 29531 |
| Notwithstanding the requirements of any other section of the | 29532 |
| Revised Code, to provide all or part of the amounts necessary to | 29533 |
| fund deferred prizes awarded by the commission in connection with | 29534 |
| statewide joint lottery games, the treasurer of state, in | 29535 |
| consultation with the commission, may invest moneys in the trust | 29536 |
| fund which represent proceeds derived from the statewide joint | 29537 |
| lottery games in accordance with the rules the commission adopts | 29538 |
| under division (B)(5) of section 3770.03 of the Revised Code. | 29539 |
| Investments of the trust fund are not subject to the provisions of | 29540 |
| division (A)(10) of section 135.143 of the Revised Code limiting | 29541 |
| to twenty-five per cent the amount of the state's total average | 29542 |
| portfolio that may be invested in debt interests and limiting to | 29543 |
| one-half of one per cent the amount that may be invested in debt | 29544 |
| interests of a single issuer. | 29545 |
| All purchases made under this division shall be effected on a | 29546 |
| delivery versus payment method and shall be in the custody of the | 29547 |
| treasurer of state. | 29548 |
| The treasurer of state may retain an investment advisor, if | 29549 |
| necessary. The commission shall pay any costs incurred by the | 29550 |
| treasurer of state in retaining an investment advisor. | 29551 |
| (D) The auditor of state shall conduct annual audits of all | 29552 |
| funds and any other audits as the auditor of state or the general | 29553 |
| assembly considers necessary. The auditor of state may examine all | 29554 |
| records, files, and other documents of the commission, and records | 29555 |
| of lottery sales agents that pertain to their activities as | 29556 |
| agents, for purposes of conducting authorized audits. | 29557 |
| The state lottery commission shall establish an internal | 29558 |
| audit program before the beginning of each fiscal year, subject to | 29559 |
| the approval of the auditor of state. At the end of each fiscal | 29560 |
| year, the commission shall prepare and submit an annual report to | 29561 |
| the auditor of state for the auditor of state's review and | 29562 |
| approval, specifying the internal audit work completed by the end | 29563 |
| of that fiscal year and reporting on compliance with the annual | 29564 |
| internal audit program. The form and content of the report shall | 29565 |
| be prescribed by the auditor of state under division (C) of | 29566 |
| section 117.20 of the Revised Code. | 29567 |
| (E) Whenever, in the judgment of the director of budget and | 29568 |
| management, an amount of net state lottery proceeds is necessary | 29569 |
| to be applied to the payment of debt service on obligations, all | 29570 |
| as defined in sections 151.01 and 151.03 of the Revised Code, the | 29571 |
| director shall transfer that amount directly from the state | 29572 |
| lottery fund or from the lottery profits education fund to the | 29573 |
| bond service fund defined in those sections. The provisions of | 29574 |
| this division are subject to any prior pledges or obligation of | 29575 |
| those amounts to the payment of bond service charges as defined in | 29576 |
| division (C) of section 3318.21 of the Revised Code, as referred | 29577 |
| to in division (B) of this section. | 29578 |
| Sec. 3905.36. (A) Except as provided in divisions (B) and | 29579 |
| (C) of this section, every insured association, company, | 29580 |
| corporation, or other person that enters, directly or indirectly, | 29581 |
| into any agreements with any insurance company, association, | 29582 |
| individual, firm, underwriter, or Lloyd's, not authorized to do | 29583 |
| business in this state, whereby the insured shall procure, | 29584 |
| continue, or renew contracts of insurance covering subjects of | 29585 |
| insurance resident, located, or to be performed within this state, | 29586 |
| with such unauthorized insurance company, association, individual, | 29587 |
| firm, underwriter, or Lloyd's, for which insurance there is a | 29588 |
| gross premium, membership fee, assessment, dues, or other | 29589 |
| consideration charged or collected, shall annually, on or before | 29590 |
| the thirty-first day of January, return to the superintendent of | 29591 |
| insurance a statement under oath showing the name and address of | 29592 |
| the insured, name and address of the insurer, subject of the | 29593 |
| insurance, general description of the coverage, and amount of | 29594 |
| gross premium, fee, assessment, dues, or other consideration for | 29595 |
| such insurance for the preceding twelve-month period and shall at | 29596 |
| the same time pay to the treasurer of state a tax of five per cent | 29597 |
| of such gross premium, fee, assessment, dues, or other | 29598 |
| consideration, after a deduction for return premium, if any, as | 29599 |
| calculated on a form prescribed by the treasurer of state. All | 29600 |
| taxes collected under this section by the treasurer of state shall | 29601 |
| be paid into the general revenue fund. If the tax is not paid when | 29602 |
| due, the tax shall be increased by a penalty of twenty-five per | 29603 |
| cent. An interest charge computed as set forth in section | 29604 |
| 5725.221 of the Revised Code shall be made on the entire sum of | 29605 |
| the tax plus penalty, which interest shall be computed from the | 29606 |
| date the tax is due until it is paid. For purposes of this | 29607 |
| section, payment is considered made when it is received by the | 29608 |
| treasurer of state, irrespective of any United States postal | 29609 |
| service marking or other stamp or mark indicating the date on | 29610 |
| which the payment may have been mailed. | 29611 |
| (B) This section does not apply to: | 29612 |
| (1) Transactions in this state involving a policy solicited, | 29613 |
| written, and delivered outside this state covering only subjects | 29614 |
| of insurance not resident, located, or to be performed in this | 29615 |
| state at the time of issuance, provided such transactions are | 29616 |
| subsequent to the issuance of the policy; | 29617 |
| (2) Attorneys-at-law acting on behalf of their clients in the | 29618 |
| adjustment of claims or losses; | 29619 |
| (3) Transactions involving policies issued by a captive | 29620 |
| insurer. For this purpose, a "captive insurer" means any of the | 29621 |
| following: | 29622 |
| (a) An insurer owned by one or more individuals or | 29623 |
| organizations, whose exclusive purpose is to insure risks of one | 29624 |
| or more of the parent organizations or individual owners and risks | 29625 |
| of one or more affiliates of the parent organizations or | 29626 |
| individual owners; | 29627 |
| (b) In the case of groups and associations, insurers owned by | 29628 |
| the group or association whose exclusive purpose is to insure | 29629 |
| risks of members of the group or association and affiliates of the | 29630 |
| members; | 29631 |
| (c) Other types of insurers, licensed and operated in | 29632 |
| accordance with the captive insurance laws of their jurisdictions | 29633 |
| of domicile and operated in a manner so as to self-insure risks of | 29634 |
| their owners and insureds. | 29635 |
| (4) Professional | 29636 |
| procured by a hospital organized under Chapter 3701. of the | 29637 |
| Revised Code or on behalf of an entity that manufactures, | 29638 |
| packages, and sells, as more than fifty per cent of the entity's | 29639 |
| business, pharmaceutical products for human use where the | 29640 |
| production, packaging, and sale of such products are subject to | 29641 |
| regulation by an agency of the United States; | 29642 |
| (5) Insurance with an initial policy period of more than | 29643 |
| three years and that is procured to cover known events related to | 29644 |
| environmental remediation that occurred prior to the effective | 29645 |
| date of that insurance. | 29646 |
| (C) In transactions that are subject to sections 3905.30 to | 29647 |
| 3905.35 of the Revised Code, each person licensed under section | 29648 |
| 3905.30 of the Revised Code shall pay to the treasurer of state, | 29649 |
| on or before the thirty-first day of January of each year, five | 29650 |
| per cent of the balance of the gross premiums charged for | 29651 |
| insurance placed or procured under the license after a deduction | 29652 |
| for return premiums, as reported on a form prescribed by the | 29653 |
| treasurer of state. The tax shall be collected from the insured by | 29654 |
| the surplus line broker who placed or procured the policy of | 29655 |
| insurance at the time the policy is delivered to the insured. No | 29656 |
| license issued under section 3905.30 of the Revised Code shall be | 29657 |
| renewed until payment is made. If the tax is not paid when due, | 29658 |
| the tax shall be increased by a penalty of twenty-five per cent. | 29659 |
| An interest charge computed as set forth in section 5725.221 of | 29660 |
| the Revised Code shall be made on the entire sum of the tax plus | 29661 |
| penalty, which interest shall be computed from the date the tax is | 29662 |
| due until it is paid. For purposes of this section, payment is | 29663 |
| considered made when it is received by the treasurer of state, | 29664 |
| irrespective of any United States postal service marking or other | 29665 |
| stamp or mark indicating the date on which the payment may have | 29666 |
| been mailed. | 29667 |
| Sec. 4123.35. (A) Except as provided in this section, every | 29668 |
| employer mentioned in division (B)(2) of section 4123.01 of the | 29669 |
| Revised Code, and every publicly owned utility shall pay | 29670 |
| semiannually in the months of January and July into the state | 29671 |
| insurance fund the amount of annual premium the administrator of | 29672 |
| workers' compensation fixes for the employment or occupation of | 29673 |
| the employer, the amount of which premium to be paid by each | 29674 |
| employer to be determined by the classifications, rules, and rates | 29675 |
| made and published by the administrator. The employer shall pay | 29676 |
| semiannually a further sum of money into the state insurance fund | 29677 |
| as may be ascertained to be due from the employer by applying the | 29678 |
| rules of the administrator, and a receipt or certificate | 29679 |
| certifying that payment has been made, along with a written notice | 29680 |
| as is required in section 4123.54 of the Revised Code, shall be | 29681 |
| mailed immediately to the employer by the bureau of workers' | 29682 |
| compensation. The receipt or certificate is prima-facie evidence | 29683 |
| of the payment of the premium, and the proper posting of the | 29684 |
| notice constitutes the employer's compliance with the notice | 29685 |
| requirement mandated in section 4123.54 of the Revised Code. | 29686 |
| The bureau of workers' compensation shall verify with the | 29687 |
| secretary of state the existence of all corporations and | 29688 |
| organizations making application for workers' compensation | 29689 |
| coverage and shall require every such application to include the | 29690 |
| employer's federal identification number. | 29691 |
| An employer as defined in division (B)(2) of section 4123.01 | 29692 |
| of the Revised Code who has contracted with a subcontractor is | 29693 |
| liable for the unpaid premium due from any subcontractor with | 29694 |
| respect to that part of the payroll of the subcontractor that is | 29695 |
| for work performed pursuant to the contract with the employer. | 29696 |
| Division (A) of this section providing for the payment of | 29697 |
| premiums semiannually does not apply to any employer who was a | 29698 |
| subscriber to the state insurance fund prior to January 1, 1914, | 29699 |
| or who may first become a subscriber to the fund in any month | 29700 |
| other than January or July. Instead, the semiannual premiums shall | 29701 |
| be paid by those employers from time to time upon the expiration | 29702 |
| of the respective periods for which payments into the fund have | 29703 |
| been made by them. | 29704 |
| The administrator shall adopt rules to permit employers to | 29705 |
| make periodic payments of the semiannual premium due under this | 29706 |
| division. The rules shall include provisions for the assessment of | 29707 |
| interest charges, where appropriate, and for the assessment of | 29708 |
| penalties when an employer fails to make timely premium payments. | 29709 |
| An employer who timely pays the amounts due under this division is | 29710 |
| entitled to all of the benefits and protections of this chapter. | 29711 |
| Upon receipt of payment, the bureau immediately shall mail a | 29712 |
| receipt or certificate to the employer certifying that payment has | 29713 |
| been made, which receipt is prima-facie evidence of payment. | 29714 |
| Workers' compensation coverage under this chapter continues | 29715 |
| uninterrupted upon timely receipt of payment under this division. | 29716 |
| Every public employer, except public employers that are | 29717 |
| self-insuring employers under this section, shall comply with | 29718 |
| sections 4123.38 to 4123.41, and 4123.48 of the Revised Code in | 29719 |
| regard to the contribution of moneys to the public insurance fund. | 29720 |
| (B) Employers who will abide by the rules of the | 29721 |
| administrator and who may be of sufficient financial ability to | 29722 |
| render certain the payment of compensation to injured employees or | 29723 |
| the dependents of killed employees, and the furnishing of medical, | 29724 |
| surgical, nursing, and hospital attention and services and | 29725 |
| medicines, and funeral expenses, equal to or greater than is | 29726 |
| provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64 | 29727 |
| to 4123.67 of the Revised Code, and who do not desire to insure | 29728 |
| the payment thereof or indemnify themselves against loss sustained | 29729 |
| by the direct payment thereof, upon a finding of such facts by the | 29730 |
| administrator, may be granted the privilege to pay individually | 29731 |
| compensation, and furnish medical, surgical, nursing, and hospital | 29732 |
| services and attention and funeral expenses directly to injured | 29733 |
| employees or the dependents of killed employees, thereby being | 29734 |
| granted status as a self-insuring employer. The administrator may | 29735 |
| charge employers who apply for the status as a self-insuring | 29736 |
| employer a reasonable application fee to cover the bureau's costs | 29737 |
| in connection with processing and making a determination with | 29738 |
| respect to an application. | 29739 |
| All employers granted status as self-insuring employers shall | 29740 |
| demonstrate sufficient financial and administrative ability to | 29741 |
| assure that all obligations under this section are promptly met. | 29742 |
| The administrator shall deny the privilege where the employer is | 29743 |
| unable to demonstrate the employer's ability to promptly meet all | 29744 |
| the obligations imposed on the employer by this section. | 29745 |
| (1) The administrator shall consider, but is not limited to, | 29746 |
| the following factors, where applicable, in determining the | 29747 |
| employer's ability to meet all of the obligations imposed on the | 29748 |
| employer by this section: | 29749 |
| (a) The employer employs a minimum of five hundred employees | 29750 |
| in this state; | 29751 |
| (b) The employer has operated in this state for a minimum of | 29752 |
| two years, provided that an employer who has purchased, acquired, | 29753 |
| or otherwise succeeded to the operation of a business, or any part | 29754 |
| thereof, situated in this state that has operated for at least two | 29755 |
| years in this state, also shall qualify; | 29756 |
| (c) Where the employer previously contributed to the state | 29757 |
| insurance fund or is a successor employer as defined by bureau | 29758 |
| rules, the amount of the buyout, as defined by bureau rules; | 29759 |
| (d) The sufficiency of the employer's assets located in this | 29760 |
| state to insure the employer's solvency in paying compensation | 29761 |
| directly; | 29762 |
| (e) The financial records, documents, and data, certified by | 29763 |
| a certified public accountant, necessary to provide the employer's | 29764 |
| full financial disclosure. The records, documents, and data | 29765 |
| include, but are not limited to, balance sheets and profit and | 29766 |
| loss history for the current year and previous four years. | 29767 |
| (f) The employer's organizational plan for the administration | 29768 |
| of the workers' compensation law; | 29769 |
| (g) The employer's proposed plan to inform employees of the | 29770 |
| change from a state fund insurer to a self-insuring employer, the | 29771 |
| procedures the employer will follow as a self-insuring employer, | 29772 |
| and the employees' rights to compensation and benefits; and | 29773 |
| (h) The employer has either an account in a financial | 29774 |
| institution in this state, or if the employer maintains an account | 29775 |
| with a financial institution outside this state, ensures that | 29776 |
| workers' compensation checks are drawn from the same account as | 29777 |
| payroll checks or the employer clearly indicates that payment will | 29778 |
| be honored by a financial institution in this state. | 29779 |
| The administrator may waive the requirements of divisions | 29780 |
| (B)(1)(a) and (b) of this section and the requirement of division | 29781 |
| (B)(1)(e) of this section that the financial records, documents, | 29782 |
| and data be certified by a certified public accountant. The | 29783 |
| administrator shall adopt rules establishing the criteria that an | 29784 |
| employer shall meet in order for the administrator to waive the | 29785 |
| requirement of division (B)(1)(e) of this section. Such rules may | 29786 |
| require additional security of that employer pursuant to division | 29787 |
| (E) of section 4123.351 of the Revised Code. | 29788 |
| The administrator shall not grant the status of self-insuring | 29789 |
| employer to the state, except that the administrator may grant the | 29790 |
| status of self-insuring employer to a state institution of higher | 29791 |
| education, excluding its hospitals, that meets the requirements of | 29792 |
| division (B)(2) of this section. | 29793 |
| (2) When considering the application of a public employer, | 29794 |
| except for a board of county commissioners described in division | 29795 |
| (G) of section 4123.01 of the Revised Code, a board of a county | 29796 |
| hospital, or a publicly owned utility, the administrator shall | 29797 |
| verify that the public employer satisfies all of the following | 29798 |
| requirements as the requirements apply to that public employer: | 29799 |
| (a) For the two-year period preceding application under this | 29800 |
| section, the public employer has maintained an unvoted debt | 29801 |
| capacity equal to at least two times the amount of the current | 29802 |
| annual premium established by the administrator under this chapter | 29803 |
| for that public employer for the year immediately preceding the | 29804 |
| year in which the public employer makes application under this | 29805 |
| section. | 29806 |
| (b) For each of the two fiscal years preceding application | 29807 |
| under this section, the unreserved and undesignated year-end fund | 29808 |
| balance in the public employer's general fund is equal to at least | 29809 |
| five per cent of the public employer's general fund revenues for | 29810 |
| the fiscal year computed in accordance with generally accepted | 29811 |
| accounting principles. | 29812 |
| (c) For the five-year period preceding application under this | 29813 |
| section, the public employer, to the extent applicable, has | 29814 |
| complied fully with the continuing disclosure requirements | 29815 |
| established in rules adopted by the United States securities and | 29816 |
| exchange commission under 17 C.F.R. 240.15c 2-12. | 29817 |
| (d) For the five-year period preceding application under this | 29818 |
| section, the public employer has not had its local government or | 29819 |
| local communities fund distribution withheld on account of the | 29820 |
| public employer being indebted or otherwise obligated to the | 29821 |
| state. | 29822 |
| (e) For the five-year period preceding application under this | 29823 |
| section, the public employer has not been under a fiscal watch or | 29824 |
| fiscal emergency pursuant to section 118.023, 118.04, or 3316.03 | 29825 |
| of the Revised Code. | 29826 |
| (f) For the public employer's fiscal year preceding | 29827 |
| application under this section, the public employer has obtained | 29828 |
| an annual financial audit as required under section 117.10 of the | 29829 |
| Revised Code, which has been released by the auditor of state | 29830 |
| within seven months after the end of the public employer's fiscal | 29831 |
| year. | 29832 |
| (g) On the date of application, the public employer holds a | 29833 |
| debt rating of Aa3 or higher according to Moody's investors | 29834 |
| service, inc., or a comparable rating by an independent rating | 29835 |
| agency similar to Moody's investors service, inc. | 29836 |
| (h) The public employer agrees to generate an annual | 29837 |
| accumulating book reserve in its financial statements reflecting | 29838 |
| an actuarially generated reserve adequate to pay projected claims | 29839 |
| under this chapter for the applicable period of time, as | 29840 |
| determined by the administrator. | 29841 |
| (i) For a public employer that is a hospital, the public | 29842 |
| employer shall submit audited financial statements showing the | 29843 |
| hospital's overall liquidity characteristics, and the | 29844 |
| administrator shall determine, on an individual basis, whether the | 29845 |
| public employer satisfies liquidity standards equivalent to the | 29846 |
| liquidity standards of other public employers. | 29847 |
| (j) Any additional criteria that the administrator adopts by | 29848 |
| rule pursuant to division (E) of this section. | 29849 |
| The administrator shall not approve the application of a | 29850 |
| public employer, except for a board of county commissioners | 29851 |
| described in division (G) of section 4123.01 of the Revised Code, | 29852 |
| a board of a county hospital, or publicly owned utility, who does | 29853 |
| not satisfy all of the requirements listed in division (B)(2) of | 29854 |
| this section. | 29855 |
| (C) A board of county commissioners described in division (G) | 29856 |
| of section 4123.01 of the Revised Code, as an employer, that will | 29857 |
| abide by the rules of the administrator and that may be of | 29858 |
| sufficient financial ability to render certain the payment of | 29859 |
| compensation to injured employees or the dependents of killed | 29860 |
| employees, and the furnishing of medical, surgical, nursing, and | 29861 |
| hospital attention and services and medicines, and funeral | 29862 |
| expenses, equal to or greater than is provided for in sections | 29863 |
| 4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised | 29864 |
| Code, and that does not desire to insure the payment thereof or | 29865 |
| indemnify itself against loss sustained by the direct payment | 29866 |
| thereof, upon a finding of such facts by the administrator, may be | 29867 |
| granted the privilege to pay individually compensation, and | 29868 |
| furnish medical, surgical, nursing, and hospital services and | 29869 |
| attention and funeral expenses directly to injured employees or | 29870 |
| the dependents of killed employees, thereby being granted status | 29871 |
| as a self-insuring employer. The administrator may charge a board | 29872 |
| of county commissioners described in division (G) of section | 29873 |
| 4123.01 of the Revised Code that applies for the status as a | 29874 |
| self-insuring employer a reasonable application fee to cover the | 29875 |
| bureau's costs in connection with processing and making a | 29876 |
| determination with respect to an application. All employers | 29877 |
| granted such status shall demonstrate sufficient financial and | 29878 |
| administrative ability to assure that all obligations under this | 29879 |
| section are promptly met. The administrator shall deny the | 29880 |
| privilege where the employer is unable to demonstrate the | 29881 |
| employer's ability to promptly meet all the obligations imposed on | 29882 |
| the employer by this section. The administrator shall consider, | 29883 |
| but is not limited to, the following factors, where applicable, in | 29884 |
| determining the employer's ability to meet all of the obligations | 29885 |
| imposed on the board as an employer by this section: | 29886 |
| (1) The board as an employer employs a minimum of five | 29887 |
| hundred employees in this state; | 29888 |
| (2) The board has operated in this state for a minimum of two | 29889 |
| years; | 29890 |
| (3) Where the board previously contributed to the state | 29891 |
| insurance fund or is a successor employer as defined by bureau | 29892 |
| rules, the amount of the buyout, as defined by bureau rules; | 29893 |
| (4) The sufficiency of the board's assets located in this | 29894 |
| state to insure the board's solvency in paying compensation | 29895 |
| directly; | 29896 |
| (5) The financial records, documents, and data, certified by | 29897 |
| a certified public accountant, necessary to provide the board's | 29898 |
| full financial disclosure. The records, documents, and data | 29899 |
| include, but are not limited to, balance sheets and profit and | 29900 |
| loss history for the current year and previous four years. | 29901 |
| (6) The board's organizational plan for the administration of | 29902 |
| the workers' compensation law; | 29903 |
| (7) The board's proposed plan to inform employees of the | 29904 |
| proposed self-insurance, the procedures the board will follow as a | 29905 |
| self-insuring employer, and the employees' rights to compensation | 29906 |
| and benefits; | 29907 |
| (8) The board has either an account in a financial | 29908 |
| institution in this state, or if the board maintains an account | 29909 |
| with a financial institution outside this state, ensures that | 29910 |
| workers' compensation checks are drawn from the same account as | 29911 |
| payroll checks or the board clearly indicates that payment will be | 29912 |
| honored by a financial institution in this state; | 29913 |
| (9) The board shall provide the administrator a surety bond | 29914 |
| in an amount equal to one hundred twenty-five per cent of the | 29915 |
| projected losses as determined by the administrator. | 29916 |
| (D) The administrator shall require a surety bond from all | 29917 |
| self-insuring employers, issued pursuant to section 4123.351 of | 29918 |
| the Revised Code, that is sufficient to compel, or secure to | 29919 |
| injured employees, or to the dependents of employees killed, the | 29920 |
| payment of compensation and expenses, which shall in no event be | 29921 |
| less than that paid or furnished out of the state insurance fund | 29922 |
| in similar cases to injured employees or to dependents of killed | 29923 |
| employees whose employers contribute to the fund, except when an | 29924 |
| employee of the employer, who has suffered the loss of a hand, | 29925 |
| arm, foot, leg, or eye prior to the injury for which compensation | 29926 |
| is to be paid, and thereafter suffers the loss of any other of the | 29927 |
| members as the result of any injury sustained in the course of and | 29928 |
| arising out of the employee's employment, the compensation to be | 29929 |
| paid by the self-insuring employer is limited to the disability | 29930 |
| suffered in the subsequent injury, additional compensation, if | 29931 |
| any, to be paid by the bureau out of the surplus created by | 29932 |
| section 4123.34 of the Revised Code. | 29933 |
| (E) In addition to the requirements of this section, the | 29934 |
| administrator shall make and publish rules governing the manner of | 29935 |
| making application and the nature and extent of the proof required | 29936 |
| to justify a finding of fact by the administrator as to granting | 29937 |
| the status of a self-insuring employer, which rules shall be | 29938 |
| general in their application, one of which rules shall provide | 29939 |
| that all self-insuring employers shall pay into the state | 29940 |
| insurance fund such amounts as are required to be credited to the | 29941 |
| surplus fund in division (B) of section 4123.34 of the Revised | 29942 |
| Code. The administrator may adopt rules establishing requirements | 29943 |
| in addition to the requirements described in division (B)(2) of | 29944 |
| this section that a public employer shall meet in order to qualify | 29945 |
| for self-insuring status. | 29946 |
| Employers shall secure directly from the bureau central | 29947 |
| offices application forms upon which the bureau shall stamp a | 29948 |
| designating number. Prior to submission of an application, an | 29949 |
| employer shall make available to the bureau, and the bureau shall | 29950 |
| review, the information described in division (B)(1) of this | 29951 |
| section, and public employers shall make available, and the bureau | 29952 |
| shall review, the information necessary to verify whether the | 29953 |
| public employer meets the requirements listed in division (B)(2) | 29954 |
| of this section. An employer shall file the completed application | 29955 |
| forms with an application fee, which shall cover the costs of | 29956 |
| processing the application, as established by the administrator, | 29957 |
| by rule, with the bureau at least ninety days prior to the | 29958 |
| effective date of the employer's new status as a self-insuring | 29959 |
| employer. The application form is not deemed complete until all | 29960 |
| the required information is attached thereto. The bureau shall | 29961 |
| only accept applications that contain the required information. | 29962 |
| (F) The bureau shall review completed applications within a | 29963 |
| reasonable time. If the bureau determines to grant an employer the | 29964 |
| status as a self-insuring employer, the bureau shall issue a | 29965 |
| statement, containing its findings of fact, that is prepared by | 29966 |
| the bureau and signed by the administrator. If the bureau | 29967 |
| determines not to grant the status as a self-insuring employer, | 29968 |
| the bureau shall notify the employer of the determination and | 29969 |
| require the employer to continue to pay its full premium into the | 29970 |
| state insurance fund. The administrator also shall adopt rules | 29971 |
| establishing a minimum level of performance as a criterion for | 29972 |
| granting and maintaining the status as a self-insuring employer | 29973 |
| and fixing time limits beyond which failure of the self-insuring | 29974 |
| employer to provide for the necessary medical examinations and | 29975 |
| evaluations may not delay a decision on a claim. | 29976 |
| (G) The administrator shall adopt rules setting forth | 29977 |
| procedures for auditing the program of self-insuring employers. | 29978 |
| The bureau shall conduct the audit upon a random basis or whenever | 29979 |
| the bureau has grounds for believing that a self-insuring employer | 29980 |
| is not in full compliance with bureau rules or this chapter. | 29981 |
| The administrator shall monitor the programs conducted by | 29982 |
| self-insuring employers, to ensure compliance with bureau | 29983 |
| requirements and for that purpose, shall develop and issue to | 29984 |
| self-insuring employers standardized forms for use by the | 29985 |
| self-insuring employer in all aspects of the self-insuring | 29986 |
| employers' direct compensation program and for reporting of | 29987 |
| information to the bureau. | 29988 |
| The bureau shall receive and transmit to the self-insuring | 29989 |
| employer all complaints concerning any self-insuring employer. In | 29990 |
| the case of a complaint against a self-insuring employer, the | 29991 |
| administrator shall handle the complaint through the | 29992 |
| self-insurance division of the bureau. The bureau shall maintain a | 29993 |
| file by employer of all complaints received that relate to the | 29994 |
| employer. The bureau shall evaluate each complaint and take | 29995 |
| appropriate action. | 29996 |
| The administrator shall adopt as a rule a prohibition against | 29997 |
| any self-insuring employer from harassing, dismissing, or | 29998 |
| otherwise disciplining any employee making a complaint, which rule | 29999 |
| shall provide for a financial penalty to be levied by the | 30000 |
| administrator payable by the offending self-insuring employer. | 30001 |
| (H) For the purpose of making determinations as to whether to | 30002 |
| grant status as a self-insuring employer, the administrator may | 30003 |
| subscribe to and pay for a credit reporting service that offers | 30004 |
| financial and other business information about individual | 30005 |
| employers. The costs in connection with the bureau's subscription | 30006 |
| or individual reports from the service about an applicant may be | 30007 |
| included in the application fee charged employers under this | 30008 |
| section. | 30009 |
| (I) The administrator, notwithstanding other provisions of | 30010 |
| this chapter, may permit a self-insuring employer to resume | 30011 |
| payment of premiums to the state insurance fund with appropriate | 30012 |
| credit modifications to the employer's basic premium rate as such | 30013 |
| rate is determined pursuant to section 4123.29 of the Revised | 30014 |
| Code. | 30015 |
| (J) On the first day of July of each year, the administrator | 30016 |
| shall calculate separately each self-insuring employer's | 30017 |
| assessments for the safety and hygiene fund, administrative costs | 30018 |
| pursuant to section 4123.342 of the Revised Code, and for the | 30019 |
| portion of the surplus fund under division (B) of section 4123.34 | 30020 |
| of the Revised Code that is not used for handicapped | 30021 |
| reimbursement, on the basis of the paid compensation attributable | 30022 |
| to the individual self-insuring employer according to the | 30023 |
| following calculation: | 30024 |
| (1) The total assessment against all self-insuring employers | 30025 |
| as a class for each fund and for the administrative costs for the | 30026 |
| year that the assessment is being made, as determined by the | 30027 |
| administrator, divided by the total amount of paid compensation | 30028 |
| for the previous calendar year attributable to all amenable | 30029 |
| self-insuring employers; | 30030 |
| (2) Multiply the quotient in division (J)(1) of this section | 30031 |
| by the total amount of paid compensation for the previous calendar | 30032 |
| year that is attributable to the individual self-insuring employer | 30033 |
| for whom the assessment is being determined. Each self-insuring | 30034 |
| employer shall pay the assessment that results from this | 30035 |
| calculation, unless the assessment resulting from this calculation | 30036 |
| falls below a minimum assessment, which minimum assessment the | 30037 |
| administrator shall determine on the first day of July of each | 30038 |
| year with the advice and consent of the workers' compensation | 30039 |
| oversight commission, in which event, the self-insuring employer | 30040 |
| shall pay the minimum assessment. | 30041 |
| In determining the total amount due for the total assessment | 30042 |
| against all self-insuring employers as a class for each fund and | 30043 |
| the administrative assessment, the administrator shall reduce | 30044 |
| proportionately the total for each fund and assessment by the | 30045 |
| amount of money in the self-insurance assessment fund as of the | 30046 |
| date of the computation of the assessment. | 30047 |
| The administrator shall calculate the assessment for the | 30048 |
| portion of the surplus fund under division (B) of section 4123.34 | 30049 |
| of the Revised Code that is used for handicapped reimbursement in | 30050 |
| the same manner as set forth in divisions (J)(1) and (2) of this | 30051 |
| section except that the administrator shall calculate the total | 30052 |
| assessment for this portion of the surplus fund only on the basis | 30053 |
| of those self-insuring employers that retain participation in the | 30054 |
| handicapped reimbursement program and the individual self-insuring | 30055 |
| employer's proportion of paid compensation shall be calculated | 30056 |
| only for those self-insuring employers who retain participation in | 30057 |
| the handicapped reimbursement program. The administrator, as the | 30058 |
| administrator determines appropriate, may determine the total | 30059 |
| assessment for the handicapped portion of the surplus fund in | 30060 |
| accordance with sound actuarial principles. | 30061 |
| The administrator shall calculate the assessment for the | 30062 |
| portion of the surplus fund under division (B) of section 4123.34 | 30063 |
| of the Revised Code that under division (D) of section 4121.66 of | 30064 |
| the Revised Code is used for rehabilitation costs in the same | 30065 |
| manner as set forth in divisions (J)(1) and (2) of this section, | 30066 |
| except that the administrator shall calculate the total assessment | 30067 |
| for this portion of the surplus fund only on the basis of those | 30068 |
| self-insuring employers who have not made the election to make | 30069 |
| payments directly under division (D) of section 4121.66 of the | 30070 |
| Revised Code and an individual self-insuring employer's proportion | 30071 |
| of paid compensation only for those self-insuring employers who | 30072 |
| have not made that election. | 30073 |
| The administrator shall calculate the assessment for the | 30074 |
| portion of the surplus fund under division (B) of section 4123.34 | 30075 |
| of the Revised Code that is used for reimbursement to a | 30076 |
| self-insuring employer under division (H) of section 4123.512 of | 30077 |
| the Revised Code in the same manner as set forth in divisions | 30078 |
| (J)(1) and (2) of this section except that the administrator shall | 30079 |
| calculate the total assessment for this portion of the surplus | 30080 |
| fund only on the basis of those self-insuring employers that | 30081 |
| retain participation in reimbursement to the self-insuring | 30082 |
| employer under division (H) of section 4123.512 of the Revised | 30083 |
| Code and the individual self-insuring employer's proportion of | 30084 |
| paid compensation shall be calculated only for those self-insuring | 30085 |
| employers who retain participation in reimbursement to the | 30086 |
| self-insuring employer under division (H) of section 4123.512 of | 30087 |
| the Revised Code. | 30088 |
| An employer who no longer is a self-insuring employer in this | 30089 |
| state or who no longer is operating in this state, shall continue | 30090 |
| to pay assessments for administrative costs and for the portion of | 30091 |
| the surplus fund under division (B) of section 4123.34 of the | 30092 |
| Revised Code that is not used for handicapped reimbursement, based | 30093 |
| upon paid compensation attributable to claims that occurred while | 30094 |
| the employer was a self-insuring employer within this state. | 30095 |
| (K) There is hereby created in the state treasury the | 30096 |
| self-insurance assessment fund. All investment earnings of the | 30097 |
| fund shall be deposited in the fund. The administrator shall use | 30098 |
| the money in the self-insurance assessment fund only for | 30099 |
| administrative costs as specified in section 4123.341 of the | 30100 |
| Revised Code. | 30101 |
| (L) Every self-insuring employer shall certify, in affidavit | 30102 |
| form subject to the penalty for perjury, to the bureau the amount | 30103 |
| of the self-insuring employer's paid compensation for the previous | 30104 |
| calendar year. In reporting paid compensation paid for the | 30105 |
| previous year, a self-insuring employer shall exclude from the | 30106 |
| total amount of paid compensation any reimbursement the | 30107 |
| self-insuring employer receives in the previous calendar year from | 30108 |
| the surplus fund pursuant to section 4123.512 of the Revised Code | 30109 |
| for any paid compensation. The self-insuring employer also shall | 30110 |
| exclude from the paid compensation reported any amount recovered | 30111 |
| under section 4123.931 of the Revised Code and any amount that is | 30112 |
| determined not to have been payable to or on behalf of a claimant | 30113 |
| in any final administrative or judicial proceeding. The | 30114 |
| self-insuring employer shall exclude such amounts from the paid | 30115 |
| compensation reported in the reporting period subsequent to the | 30116 |
| date the determination is made. The administrator shall adopt | 30117 |
| rules, in accordance with Chapter 119. of the Revised Code, that | 30118 |
| provide for all of the following: | 30119 |
| (1) Establishing the date by which self-insuring employers | 30120 |
| must submit such information and the amount of the assessments | 30121 |
| provided for in division (J) of this section for employers who | 30122 |
| have been granted self-insuring status within the last calendar | 30123 |
| year; | 30124 |
| (2) If an employer fails to pay the assessment when due, the | 30125 |
| administrator may add a late fee penalty of not more than five | 30126 |
| hundred dollars to the assessment plus an additional penalty | 30127 |
| amount as follows: | 30128 |
| (a) For an assessment from sixty-one to ninety days past due, | 30129 |
| the prime interest rate, multiplied by the assessment due; | 30130 |
| (b) For an assessment from ninety-one to one hundred twenty | 30131 |
| days past due, the prime interest rate plus two per cent, | 30132 |
| multiplied by the assessment due; | 30133 |
| (c) For an assessment from one hundred twenty-one to one | 30134 |
| hundred fifty days past due, the prime interest rate plus four per | 30135 |
| cent, multiplied by the assessment due; | 30136 |
| (d) For an assessment from one hundred fifty-one to one | 30137 |
| hundred eighty days past due, the prime interest rate plus six per | 30138 |
| cent, multiplied by the assessment due; | 30139 |
| (e) For an assessment from one hundred eighty-one to two | 30140 |
| hundred ten days past due, the prime interest rate plus eight per | 30141 |
| cent, multiplied by the assessment due; | 30142 |
| (f) For each additional thirty-day period or portion thereof | 30143 |
| that an assessment remains past due after it has remained past due | 30144 |
| for more than two hundred ten days, the prime interest rate plus | 30145 |
| eight per cent, multiplied by the assessment due. | 30146 |
| (3) An employer may appeal a late fee penalty and penalty | 30147 |
| assessment to the administrator. | 30148 |
| For purposes of this division, "prime interest rate" means | 30149 |
| the average bank prime rate, and the administrator shall determine | 30150 |
| the prime interest rate in the same manner as a county auditor | 30151 |
| determines the average bank prime rate under section 929.02 of the | 30152 |
| Revised Code. | 30153 |
| The administrator shall include any assessment and penalties | 30154 |
| that remain unpaid for previous assessment periods in the | 30155 |
| calculation and collection of any assessments due under this | 30156 |
| division or division (J) of this section. | 30157 |
| (M) As used in this section, "paid compensation" means all | 30158 |
| amounts paid by a self-insuring employer for living maintenance | 30159 |
| benefits, all amounts for compensation paid pursuant to sections | 30160 |
| 4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, and | 30161 |
| 4123.64 of the Revised Code, all amounts paid as wages in lieu of | 30162 |
| such compensation, all amounts paid in lieu of such compensation | 30163 |
| under a nonoccupational accident and sickness program fully funded | 30164 |
| by the self-insuring employer, and all amounts paid by a | 30165 |
| self-insuring employer for a violation of a specific safety | 30166 |
| standard pursuant to Section 35 of Article II, Ohio Constitution | 30167 |
| and section 4121.47 of the Revised Code. | 30168 |
| (N) Should any section of this chapter or Chapter 4121. of | 30169 |
| the Revised Code providing for self-insuring employers' | 30170 |
| assessments based upon compensation paid be declared | 30171 |
| unconstitutional by a final decision of any court, then that | 30172 |
| section of the Revised Code declared unconstitutional shall revert | 30173 |
| back to the section in existence prior to November 3, 1989, | 30174 |
| providing for assessments based upon payroll. | 30175 |
| (O) The administrator may grant a self-insuring employer the | 30176 |
| privilege to self-insure a construction project entered into by | 30177 |
| the self-insuring employer that is scheduled for completion within | 30178 |
| six years after the date the project begins, and the total cost of | 30179 |
| which is estimated to exceed one hundred million dollars or, for | 30180 |
| employers described in division (R) of this section, if the | 30181 |
| construction project is estimated to exceed twenty-five million | 30182 |
| dollars. The administrator may waive such cost and time criteria | 30183 |
| and grant a self-insuring employer the privilege to self-insure a | 30184 |
| construction project regardless of the time needed to complete the | 30185 |
| construction project and provided that the cost of the | 30186 |
| construction project is estimated to exceed fifty million dollars. | 30187 |
| A self-insuring employer who desires to self-insure a construction | 30188 |
| project shall submit to the administrator an application listing | 30189 |
| the dates the construction project is scheduled to begin and end, | 30190 |
| the estimated cost of the construction project, the contractors | 30191 |
| and subcontractors whose employees are to be self-insured by the | 30192 |
| self-insuring employer, the provisions of a safety program that is | 30193 |
| specifically designed for the construction project, and a | 30194 |
| statement as to whether a collective bargaining agreement | 30195 |
| governing the rights, duties, and obligations of each of the | 30196 |
| parties to the agreement with respect to the construction project | 30197 |
| exists between the self-insuring employer and a labor | 30198 |
| organization. | 30199 |
| A self-insuring employer may apply to self-insure the | 30200 |
| employees of either of the following: | 30201 |
| (1) All contractors and subcontractors who perform labor or | 30202 |
| work or provide materials for the construction project; | 30203 |
| (2) All contractors and, at the administrator's discretion, a | 30204 |
| substantial number of all the subcontractors who perform labor or | 30205 |
| work or provide materials for the construction project. | 30206 |
| Upon approval of the application, the administrator shall | 30207 |
| mail a certificate granting the privilege to self-insure the | 30208 |
| construction project to the self-insuring employer. The | 30209 |
| certificate shall contain the name of the self-insuring employer | 30210 |
| and the name, address, and telephone number of the self-insuring | 30211 |
| employer's representatives who are responsible for administering | 30212 |
| workers' compensation claims for the construction project. The | 30213 |
| self-insuring employer shall post the certificate in a conspicuous | 30214 |
| place at the site of the construction project. | 30215 |
| The administrator shall maintain a record of the contractors | 30216 |
| and subcontractors whose employees are covered under the | 30217 |
| certificate issued to the self-insured employer. A self-insuring | 30218 |
| employer immediately shall notify the administrator when any | 30219 |
| contractor or subcontractor is added or eliminated from inclusion | 30220 |
| under the certificate. | 30221 |
| Upon approval of the application, the self-insuring employer | 30222 |
| is responsible for the administration and payment of all claims | 30223 |
| under this chapter and Chapter 4121. of the Revised Code for the | 30224 |
| employees of the contractor and subcontractors covered under the | 30225 |
| certificate who receive injuries or are killed in the course of | 30226 |
| and arising out of employment on the construction project, or who | 30227 |
| contract an occupational disease in the course of employment on | 30228 |
| the construction project. For purposes of this chapter and Chapter | 30229 |
| 4121. of the Revised Code, a claim that is administered and paid | 30230 |
| in accordance with this division is considered a claim against the | 30231 |
| self-insuring employer listed in the certificate. A contractor or | 30232 |
| subcontractor included under the certificate shall report to the | 30233 |
| self-insuring employer listed in the certificate, all claims that | 30234 |
| arise under this chapter and Chapter 4121. of the Revised Code in | 30235 |
| connection with the construction project for which the certificate | 30236 |
| is issued. | 30237 |
| A self-insuring employer who complies with this division is | 30238 |
| entitled to the protections provided under this chapter and | 30239 |
| Chapter 4121. of the Revised Code with respect to the employees of | 30240 |
| the contractors and subcontractors covered under a certificate | 30241 |
| issued under this division for death or injuries that arise out | 30242 |
| of, or death, injuries, or occupational diseases that arise in the | 30243 |
| course of, those employees' employment on that construction | 30244 |
| project, as if the employees were employees of the self-insuring | 30245 |
| employer, provided that the self-insuring employer also complies | 30246 |
| with this section. No employee of the contractors and | 30247 |
| subcontractors covered under a certificate issued under this | 30248 |
| division shall be considered the employee of the self-insuring | 30249 |
| employer listed in that certificate for any purposes other than | 30250 |
| this chapter and Chapter 4121. of the Revised Code. Nothing in | 30251 |
| this division gives a self-insuring employer authority to control | 30252 |
| the means, manner, or method of employment of the employees of the | 30253 |
| contractors and subcontractors covered under a certificate issued | 30254 |
| under this division. | 30255 |
| The contractors and subcontractors included under a | 30256 |
| certificate issued under this division are entitled to the | 30257 |
| protections provided under this chapter and Chapter 4121. of the | 30258 |
| Revised Code with respect to the contractor's or subcontractor's | 30259 |
| employees who are employed on the construction project which is | 30260 |
| the subject of the certificate, for death or injuries that arise | 30261 |
| out of, or death, injuries, or occupational diseases that arise in | 30262 |
| the course of, those employees' employment on that construction | 30263 |
| project. | 30264 |
| The contractors and subcontractors included under a | 30265 |
| certificate issued under this division shall identify in their | 30266 |
| payroll records the employees who are considered the employees of | 30267 |
| the self-insuring employer listed in that certificate for purposes | 30268 |
| of this chapter and Chapter 4121. of the Revised Code, and the | 30269 |
| amount that those employees earned for employment on the | 30270 |
| construction project that is the subject of that certificate. | 30271 |
| Notwithstanding any provision to the contrary under this chapter | 30272 |
| and Chapter 4121. of the Revised Code, the administrator shall | 30273 |
| exclude the payroll that is reported for employees who are | 30274 |
| considered the employees of the self-insuring employer listed in | 30275 |
| that certificate, and that the employees earned for employment on | 30276 |
| the construction project that is the subject of that certificate, | 30277 |
| when determining those contractors' or subcontractors' premiums or | 30278 |
| assessments required under this chapter and Chapter 4121. of the | 30279 |
| Revised Code. A self-insuring employer issued a certificate under | 30280 |
| this division shall include in the amount of paid compensation it | 30281 |
| reports pursuant to division (L) of this section, the amount of | 30282 |
| paid compensation the self-insuring employer paid pursuant to this | 30283 |
| division for the previous calendar year. | 30284 |
| Nothing in this division shall be construed as altering the | 30285 |
| rights of employees under this chapter and Chapter 4121. of the | 30286 |
| Revised Code as those rights existed prior to September 17, 1996. | 30287 |
| Nothing in this division shall be construed as altering the rights | 30288 |
| devolved under sections 2305.31 and 4123.82 of the Revised Code as | 30289 |
| those rights existed prior to September 17, 1996. | 30290 |
| As used in this division, "privilege to self-insure a | 30291 |
| construction project" means privilege to pay individually | 30292 |
| compensation, and to furnish medical, surgical, nursing, and | 30293 |
| hospital services and attention and funeral expenses directly to | 30294 |
| injured employees or the dependents of killed employees. | 30295 |
| (P) A self-insuring employer whose application is granted | 30296 |
| under division (O) of this section shall designate a safety | 30297 |
| professional to be responsible for the administration and | 30298 |
| enforcement of the safety program that is specifically designed | 30299 |
| for the construction project that is the subject of the | 30300 |
| application. | 30301 |
| A self-insuring employer whose application is granted under | 30302 |
| division (O) of this section shall employ an ombudsperson for the | 30303 |
| construction project that is the subject of the application. The | 30304 |
| ombudsperson shall have experience in workers' compensation or the | 30305 |
| construction industry, or both. The ombudsperson shall perform all | 30306 |
| of the following duties: | 30307 |
| (1) Communicate with and provide information to employees who | 30308 |
| are injured in the course of, or whose injury arises out of | 30309 |
| employment on the construction project, or who contract an | 30310 |
| occupational disease in the course of employment on the | 30311 |
| construction project; | 30312 |
| (2) Investigate the status of a claim upon the request of an | 30313 |
| employee to do so; | 30314 |
| (3) Provide information to claimants, third party | 30315 |
| administrators, employers, and other persons to assist those | 30316 |
| persons in protecting their rights under this chapter and Chapter | 30317 |
| 4121. of the Revised Code. | 30318 |
| A self-insuring employer whose application is granted under | 30319 |
| division (O) of this section shall post the name of the safety | 30320 |
| professional and the ombudsperson and instructions for contacting | 30321 |
| the safety professional and the ombudsperson in a conspicuous | 30322 |
| place at the site of the construction project. | 30323 |
| (Q) The administrator may consider all of the following when | 30324 |
| deciding whether to grant a self-insuring employer the privilege | 30325 |
| to self-insure a construction project as provided under division | 30326 |
| (O) of this section: | 30327 |
| (1) Whether the self-insuring employer has an organizational | 30328 |
| plan for the administration of the workers' compensation law; | 30329 |
| (2) Whether the safety program that is specifically designed | 30330 |
| for the construction project provides for the safety of employees | 30331 |
| employed on the construction project, is applicable to all | 30332 |
| contractors and subcontractors who perform labor or work or | 30333 |
| provide materials for the construction project, and has as a | 30334 |
| component, a safety training program that complies with standards | 30335 |
| adopted pursuant to the "Occupational Safety and Health Act of | 30336 |
| 1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for continuing | 30337 |
| management and employee involvement; | 30338 |
| (3) Whether granting the privilege to self-insure the | 30339 |
| construction project will reduce the costs of the construction | 30340 |
| project; | 30341 |
| (4) Whether the self-insuring employer has employed an | 30342 |
| ombudsperson as required under division (P) of this section; | 30343 |
| (5) Whether the self-insuring employer has sufficient surety | 30344 |
| to secure the payment of claims for which the self-insuring | 30345 |
| employer would be responsible pursuant to the granting of the | 30346 |
| privilege to self-insure a construction project under division (O) | 30347 |
| of this section. | 30348 |
| (R) As used in divisions (O), (P), and (Q), "self-insuring | 30349 |
| employer" includes the following employers, whether or not they | 30350 |
| have been granted the status of being a self-insuring employer | 30351 |
| under division (B) of this section: | 30352 |
| (1) A state institution of higher education; | 30353 |
| (2) A school district; | 30354 |
| (3) A county school financing district; | 30355 |
| (4) An educational service center; | 30356 |
| (5) A community school established under Chapter 3314. of the | 30357 |
| Revised Code. | 30358 |
| (S) As used in this section: | 30359 |
| (1) "Unvoted debt capacity" means the amount of money that a | 30360 |
| public employer may borrow without voter approval of a tax levy; | 30361 |
| (2) "State institution of higher education" means the state | 30362 |
| universities listed in section 3345.011 of the Revised Code, | 30363 |
| community colleges created pursuant to Chapter 3354. of the | 30364 |
| Revised Code, university branches created pursuant to Chapter | 30365 |
| 3355. of the Revised Code, technical colleges created pursuant to | 30366 |
| Chapter 3357. of the Revised Code, and state community colleges | 30367 |
| created pursuant to Chapter 3358. of the Revised Code. | 30368 |
| Sec. 4141.09. (A) There is hereby created an unemployment | 30369 |
| compensation fund to be administered by the state without | 30370 |
| liability on the part of the state beyond the amounts paid into | 30371 |
| the fund and earned by the fund. The unemployment compensation | 30372 |
| fund shall consist of all contributions, payments in lieu of | 30373 |
| contributions described in sections 4141.241 and 4141.242 of the | 30374 |
| Revised Code, reimbursements of the federal share of extended | 30375 |
| benefits described in section 4141.301 of the Revised Code, | 30376 |
| collected under sections 4141.01 to 4141.46 of the Revised Code, | 30377 |
| together with all interest earned upon any moneys deposited with | 30378 |
| the secretary of the treasury of the United States to the credit | 30379 |
| of the account of this state in the unemployment trust fund | 30380 |
| established and maintained pursuant to section 904 of the "Social | 30381 |
| Security Act," any property or securities acquired through the use | 30382 |
| of moneys belonging to the fund, and all earnings of such property | 30383 |
| or securities. The unemployment compensation fund shall be used to | 30384 |
| pay benefits and refunds as provided by such sections and for no | 30385 |
| other purpose. | 30386 |
| (B) The treasurer of state shall be the custodian of the | 30387 |
| unemployment compensation fund and shall administer such fund in | 30388 |
| accordance with the directions of the director of job and family | 30389 |
| services. All disbursements therefrom shall be paid by the | 30390 |
| treasurer of state on warrants drawn by the director. Such | 30391 |
| warrants may bear the facsimile signature of the director printed | 30392 |
| thereon and that of a deputy or other employee of the director | 30393 |
| charged with the duty of keeping the account of the unemployment | 30394 |
| compensation fund and with the preparation of warrants for the | 30395 |
| payment of benefits to the persons entitled thereto. Moneys in the | 30396 |
| clearing and benefit accounts shall not be commingled with other | 30397 |
| state funds, except as provided in division (C) of this section, | 30398 |
| but shall be maintained in separate accounts on the books of the | 30399 |
| depositary bank. Such money shall be secured by the depositary | 30400 |
| bank to the same extent and in the same manner as required by | 30401 |
| sections 135.01 to 135.21 of the Revised Code; and collateral | 30402 |
| pledged for this purpose shall be kept separate and distinct from | 30403 |
| any collateral pledged to secure other funds of this state. All | 30404 |
| sums recovered for losses sustained by the unemployment | 30405 |
| compensation fund shall be deposited therein. The treasurer of | 30406 |
| state shall be liable on the treasurer's official bond for the | 30407 |
| faithful performance of the treasurer's duties in connection with | 30408 |
| the unemployment compensation fund, such liability to exist in | 30409 |
| addition to any liability upon any separate bond. | 30410 |
| (C) The treasurer of state shall maintain within the | 30411 |
| unemployment compensation fund three separate accounts which shall | 30412 |
|
be a clearing account, | 30413 |
| benefit account. All moneys payable to the unemployment | 30414 |
|
compensation fund, upon receipt | 30415 |
| forwarded to the treasurer of state, who shall immediately deposit | 30416 |
| them in the clearing account. Refunds of contributions, or | 30417 |
| payments in lieu of contributions, payable pursuant to division | 30418 |
| (E) of this section may be paid from the clearing account upon | 30419 |
| warrants signed by a deputy or other employee of the director | 30420 |
| charged with the duty of keeping the record of the clearing | 30421 |
| account and with the preparation of warrants for the payment of | 30422 |
| refunds to persons entitled thereto. After clearance thereof, all | 30423 |
| moneys in the clearing account shall be deposited with the | 30424 |
| secretary of the treasury of the United States to the credit of | 30425 |
| the account of this state in the unemployment trust fund | 30426 |
| established and maintained pursuant to section 904 of the "Social | 30427 |
| Security Act," in accordance with requirements of the "Federal | 30428 |
| Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301, | 30429 |
| 3304(a)(3), any law in this state relating to the deposit, | 30430 |
| administration, release, or disbursement of moneys in the | 30431 |
| possession or custody of this state to the contrary | 30432 |
| notwithstanding. The benefit account shall consist of all moneys | 30433 |
| requisitioned from this state's account in the unemployment trust | 30434 |
|
fund. Federal funds | 30435 |
| 30436 | |
| 30437 | |
| discretion, into the benefit account. Any funds deposited into the | 30438 |
| benefit account shall be disbursed solely for payment of benefits | 30439 |
| under a federal program
administered by this state | 30440 |
| 30441 | |
| for no other purpose. Moneys in the clearing and benefit accounts | 30442 |
| may be deposited by the treasurer of state, under the direction of | 30443 |
| the director, in any bank or public depositary in which general | 30444 |
| funds of the state may be deposited, but no public deposit | 30445 |
| insurance charge or premium shall be paid out of the fund. | 30446 |
| (D) Moneys shall be requisitioned from this state's account | 30447 |
| in the unemployment trust fund solely for the payment of benefits | 30448 |
| and in accordance with regulations prescribed by the director. The | 30449 |
| director shall requisition from the unemployment trust fund such | 30450 |
| amounts, not exceeding the amount standing to this state's account | 30451 |
| therein, as are deemed necessary for the payment of benefits for a | 30452 |
| reasonable future period. Upon receipt thereof, the treasurer of | 30453 |
| state shall deposit such moneys in the benefit account. | 30454 |
| Expenditures of such money in the benefit account and refunds from | 30455 |
| the clearing account shall not require specific appropriations or | 30456 |
| other formal release by state officers of money in their custody. | 30457 |
| Any balance of moneys requisitioned from the unemployment trust | 30458 |
| fund which remains unclaimed or unpaid in the benefit account | 30459 |
| after the expiration of the period for which such sums were | 30460 |
| requisitioned shall either be deducted from estimates for and may | 30461 |
| be utilized for the payment of benefits during succeeding periods, | 30462 |
| or, in the discretion of the director, shall be redeposited with | 30463 |
| the secretary of the treasury of the United States to the credit | 30464 |
| of this state's account in the unemployment trust fund, as | 30465 |
| provided in division (C) of this section. Unclaimed or unpaid | 30466 |
| federal funds redeposited with the secretary of the treasury of | 30467 |
| the United States shall be credited to the appropriate federal | 30468 |
| account. | 30469 |
| (E) No claim for an adjustment or a refund on contribution, | 30470 |
| payment in lieu of contributions, interest, or forfeiture alleged | 30471 |
| to have been erroneously or illegally assessed or collected, or | 30472 |
| alleged to have been collected without authority, and no claim for | 30473 |
| an adjustment or a refund of any sum alleged to have been | 30474 |
| excessive or in any manner wrongfully collected shall be allowed | 30475 |
| unless an application, in writing, therefor is made within four | 30476 |
| years from the date on which such payment was made. If the | 30477 |
| director determines that such contribution, payment in lieu of | 30478 |
| contributions, interest, or forfeiture, or any portion thereof, | 30479 |
| was erroneously collected, the director shall allow such employer | 30480 |
| to make an adjustment thereof without interest in connection with | 30481 |
| subsequent contribution payments, or payments in lieu of | 30482 |
| contributions, by the employer, or the director may refund said | 30483 |
| amount, without interest, from the clearing account of the | 30484 |
| unemployment compensation fund, except as provided in division (B) | 30485 |
| of section 4141.11 of the Revised Code. For like cause and within | 30486 |
| the same period, adjustment or refund may be so made on the | 30487 |
| director's own initiative. An overpayment of contribution, payment | 30488 |
| in lieu of contributions, interest, or forfeiture for which an | 30489 |
| employer has not made application for refund prior to the date of | 30490 |
| sale of the employer's business shall accrue to the employer's | 30491 |
| successor in interest. | 30492 |
| An application for an adjustment or a refund, or any portion | 30493 |
| thereof, that is rejected is binding upon the employer unless, | 30494 |
| within thirty days after the mailing of a written notice of | 30495 |
| rejection to the employer's last known address, or, in the absence | 30496 |
| of mailing of such notice, within thirty days after the delivery | 30497 |
| of such notice, the employer files an application for a review and | 30498 |
| redetermination setting forth the reasons therefor. The director | 30499 |
| shall promptly examine the application for review and | 30500 |
| redetermination, and if a review is granted, the employer shall be | 30501 |
| promptly notified thereof, and shall be granted an opportunity for | 30502 |
| a prompt hearing. | 30503 |
| (F) If the director finds that contributions have been paid | 30504 |
| to the director in error, and that such contributions should have | 30505 |
| been paid to a department of another state or of the United States | 30506 |
| charged with the administration of an unemployment compensation | 30507 |
| law, the director may upon request by such department or upon the | 30508 |
| director's own initiative transfer to such department the amount | 30509 |
| of such contributions, less any benefits paid to claimants whose | 30510 |
| wages were the basis for such contributions. The director may | 30511 |
| request and receive from such department any contributions or | 30512 |
| adjusted contributions paid in error to such department which | 30513 |
| should have been paid to the director. | 30514 |
| (G) In accordance with section 303(c)(3) of the Social | 30515 |
| Security Act, and section 3304(a)(17) of the Internal Revenue Code | 30516 |
| of 1954 for continuing certification of Ohio unemployment | 30517 |
| compensation laws for administrative grants and for tax credits, | 30518 |
| any interest required to be paid on advances under Title XII of | 30519 |
| the Social Security Act shall be paid in a timely manner and shall | 30520 |
| not be paid, directly or indirectly, by an equivalent reduction in | 30521 |
| the Ohio unemployment taxes or otherwise, by the state from | 30522 |
| amounts in the unemployment compensation fund. | 30523 |
| (H) The treasurer of state, under the direction of the | 30524 |
| director and in accordance with the "Cash Management Improvement | 30525 |
| Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503, shall deposit | 30526 |
| amounts of interest earned by the state on funds in the benefit | 30527 |
| account established pursuant to division (C) of this section into | 30528 |
| the department of job and family services banking fees fund, which | 30529 |
| is hereby created in the state treasury for the purpose of paying | 30530 |
| related banking costs incurred by the state for the period for | 30531 |
| which the interest is calculated, except that if the deposited | 30532 |
| interest exceeds the banking costs incurred by the state for the | 30533 |
| period for which the interest is calculated, the treasurer of | 30534 |
| state shall deposit the excess interest into the unemployment | 30535 |
| trust fund. | 30536 |
| (I) | 30537 |
| 30538 | |
| 30539 | |
| 30540 | |
| 30541 | |
| 30542 | |
| 30543 | |
| 30544 | |
| 30545 | |
| 30546 |
| | 30547 |
| director, shall deposit federal funds received by the director for | 30548 |
| training and administration and for payment of benefits, job | 30549 |
| search, relocation, transportation, and subsistence allowances | 30550 |
| pursuant to the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. | 30551 |
| 2101, as amended; the "North American Free Trade Agreement | 30552 |
| Implementation Act," 107 Stat. 2057 (1993), 19 U.S.C.A. 3301, as | 30553 |
| amended; and the "Trade Act of 2002," 116 Stat. 993, 19 U.S.C.A. | 30554 |
| 3801, as amended, into the Trade Act training and administration | 30555 |
| account, which is hereby created for the purpose of making | 30556 |
| payments specified under those acts. The treasurer of state, under | 30557 |
| the direction of the director, may transfer funds from the Trade | 30558 |
| Act training and administration account to the benefit account for | 30559 |
| the purpose of making any payments directly to claimants for | 30560 |
| benefits, job search, relocation, transportation, and subsistence | 30561 |
| allowances, as specified by those acts. | 30562 |
| Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of | 30563 |
| the Revised Code: | 30564 |
| (1) "Gallon" or "wine gallon" means one hundred twenty-eight | 30565 |
| fluid ounces. | 30566 |
| (2) "Sale" or "sell" includes exchange, barter, gift, | 30567 |
| distribution, and, except with respect to A-4 permit holders, | 30568 |
| offer for sale. | 30569 |
| (B) For the purposes of providing revenues for the support of | 30570 |
| the state and encouraging the grape industries in the state, a tax | 30571 |
| is hereby levied on the sale or distribution of wine in Ohio, | 30572 |
| except for known sacramental purposes, at the rate of thirty cents | 30573 |
| per wine gallon for wine containing not less than four per cent of | 30574 |
| alcohol by volume and not more than fourteen per cent of alcohol | 30575 |
| by volume, ninety-eight cents per wine gallon for wine containing | 30576 |
| more than fourteen per cent but not more than twenty-one per cent | 30577 |
| of alcohol by volume, one dollar and eight cents per wine gallon | 30578 |
| for vermouth, and one dollar and forty-eight cents per wine gallon | 30579 |
| for sparkling and carbonated wine and champagne, the tax to be | 30580 |
| paid by the holders of A-2 and B-5 permits or by any other person | 30581 |
| selling or distributing wine upon which no tax has been paid. From | 30582 |
| the tax paid under this section on wine, vermouth, and sparkling | 30583 |
| and carbonated wine and champagne, the treasurer of state shall | 30584 |
| credit to the Ohio grape industries fund created under section | 30585 |
| 924.54 of the Revised Code a sum equal to one cent per gallon for | 30586 |
| each gallon upon which the tax is paid. | 30587 |
| (C) For the purpose of providing revenues for the support of | 30588 |
| the state, there is hereby levied a tax on prepared and bottled | 30589 |
| highballs, cocktails, cordials, and other mixed beverages at the | 30590 |
| rate of one dollar and twenty cents per wine gallon to be paid by | 30591 |
| holders of A-4 permits or by any other person selling or | 30592 |
| distributing those products upon which no tax has been paid. Only | 30593 |
| one sale of the same article shall be used in computing the amount | 30594 |
| of tax due. The tax on mixed beverages to be paid by holders of | 30595 |
| A-4 permits under this section shall not attach until the | 30596 |
| ownership of the mixed beverage is transferred for valuable | 30597 |
| consideration to a wholesaler or retailer, and no payment of the | 30598 |
| tax shall be required prior to that time. | 30599 |
| (D) During the period
of July 1,
| 30600 |
| 30601 | |
| and sparkling and carbonated wine and champagne, the treasurer of | 30602 |
| state shall credit to the Ohio grape industries fund created under | 30603 |
| section 924.54 of the Revised Code a sum equal to two cents per | 30604 |
| gallon upon which the tax is paid. The amount credited under this | 30605 |
| division is in addition to the amount credited to the Ohio grape | 30606 |
| industries fund under division (B) of this section. | 30607 |
| (E) For the purpose of providing revenues for the support of | 30608 |
| the state, there is hereby levied a tax on cider at the rate of | 30609 |
| twenty-four cents per wine gallon to be paid by the holders of A-2 | 30610 |
| and B-5 permits or by any other person selling or distributing | 30611 |
| cider upon which no tax has been paid. Only one sale of the same | 30612 |
| article shall be used in computing the amount of the tax due. | 30613 |
| Sec. 4503.06. (A) The owner of each manufactured or mobile | 30614 |
| home that has acquired situs in this state shall pay either a real | 30615 |
| property tax pursuant to Title LVII of the Revised Code or a | 30616 |
| manufactured home tax pursuant to division (C) of this section. | 30617 |
| (B) The owner of a manufactured or mobile home shall pay real | 30618 |
| property taxes if either of the following applies: | 30619 |
| (1) The manufactured or mobile home acquired situs in the | 30620 |
| state or ownership in the home was transferred on or after January | 30621 |
| 1, 2000, and all of the following apply: | 30622 |
| (a) The home is affixed to a permanent foundation as defined | 30623 |
| in division (C)(5) of section 3781.06 of the Revised Code. | 30624 |
| (b) The home is located on land that is owned by the owner of | 30625 |
| the home. | 30626 |
| (c) The certificate of title has been inactivated by the | 30627 |
| clerk of the court of common pleas that issued it, pursuant to | 30628 |
| division (H) of section 4505.11 of the Revised Code. | 30629 |
| (2) The manufactured or mobile home acquired situs in the | 30630 |
| state or ownership in the home was transferred before January 1, | 30631 |
| 2000, and all of the following apply: | 30632 |
| (a) The home is affixed to a permanent foundation as defined | 30633 |
| in division (C)(5) of section 3781.06 of the Revised Code. | 30634 |
| (b) The home is located on land that is owned by the owner of | 30635 |
| the home. | 30636 |
| (c) The owner of the home has elected to have the home taxed | 30637 |
| as real property and, pursuant to section 4505.11 of the Revised | 30638 |
| Code, has surrendered the certificate of title to the auditor of | 30639 |
| the county containing the taxing district in which the home has | 30640 |
| its situs, together with proof that all taxes have been paid. | 30641 |
| (d) The county auditor has placed the home on the real | 30642 |
| property tax list and delivered the certificate of title to the | 30643 |
| clerk of the court of common pleas that issued it and the clerk | 30644 |
| has inactivated the certificate. | 30645 |
| (C)(1) Any mobile or manufactured home that is not taxed as | 30646 |
| real property as provided in division (B) of this section is | 30647 |
| subject to an annual manufactured home tax, payable by the owner, | 30648 |
| for locating the home in this state. The tax as levied in this | 30649 |
| section is for the purpose of supplementing the general revenue | 30650 |
| funds of the local subdivisions in which the home has its situs | 30651 |
| pursuant to this section. | 30652 |
| (2) The year for which the manufactured home tax is levied | 30653 |
| commences on the first day of January and ends on the following | 30654 |
| thirty-first day of December. The state shall have the first lien | 30655 |
| on any manufactured or mobile home on the list for the amount of | 30656 |
| taxes, penalties, and interest charged against the owner of the | 30657 |
| home under this section. The lien of the state for the tax for a | 30658 |
| year shall attach on the first day of January to a home that has | 30659 |
| acquired situs on that date. The lien for a home that has not | 30660 |
| acquired situs on the first day of January, but that acquires | 30661 |
| situs during the year, shall attach on the next first day of | 30662 |
| January. The lien shall continue until the tax, including any | 30663 |
| penalty or interest, is paid. | 30664 |
| (3)(a) The situs of a manufactured or mobile home located in | 30665 |
| this state on the first day of January is the local taxing | 30666 |
| district in which the home is located on that date. | 30667 |
| (b) The situs of a manufactured or mobile home not located in | 30668 |
| this state on the first day of January, but located in this state | 30669 |
| subsequent to that date, is the local taxing district in which the | 30670 |
| home is located thirty days after it is acquired or first enters | 30671 |
| this state. | 30672 |
| (4) The tax is collected by and paid to the county treasurer | 30673 |
| of the county containing the taxing district in which the home has | 30674 |
| its situs. | 30675 |
| (D) The manufactured home tax shall be computed and assessed | 30676 |
| by the county auditor of the county containing the taxing district | 30677 |
| in which the home has its situs as follows: | 30678 |
| (1) On a home that acquired situs in this state prior to | 30679 |
| January 1, 2000: | 30680 |
| (a) By multiplying the assessable value of the home by the | 30681 |
| tax rate of the taxing district in which the home has its situs, | 30682 |
| and deducting from the product thus obtained any reduction | 30683 |
| authorized under section 4503.065 of the Revised Code. The tax | 30684 |
| levied under this formula shall not be less than thirty-six | 30685 |
| dollars, unless the home qualifies for a reduction in assessable | 30686 |
| value under section 4503.065 of the Revised Code, in which case | 30687 |
| there shall be no minimum tax and the tax shall be the amount | 30688 |
| calculated under this division. | 30689 |
| (b) The assessable value of the home shall be forty per cent | 30690 |
| of the amount arrived at by the following computation: | 30691 |
| (i) If the cost to the owner, or market value at time of | 30692 |
| purchase, whichever is greater, of the home includes the | 30693 |
| furnishings and equipment, such cost or market value shall be | 30694 |
| multiplied according to the following schedule: | 30695 |
| For the first calendar year | 30696 | ||||||
| in which the | 30697 | ||||||
| home is owned by the | 30698 | ||||||
| current owner | x | 80% | 30699 | ||||
| 2nd calendar year | x | 75% | 30700 | ||||
| 3rd " | x | 70% | 30701 | ||||
| 4th " | x | 65% | 30702 | ||||
| 5th " | x | 60% | 30703 | ||||
| 6th " | x | 55% | 30704 | ||||
| 7th " | x | 50% | 30705 | ||||
| 8th " | x | 45% | 30706 | ||||
| 9th " | x | 40% | 30707 | ||||
| 10th and each year thereafter | x | 35% | 30708 |
| The first calendar year means any period between the first | 30709 |
| day of January and the thirty-first day of December of the first | 30710 |
| year. | 30711 |
| (ii) If the cost to the owner, or market value at the time of | 30712 |
| purchase, whichever is greater, of the home does not include the | 30713 |
| furnishings and equipment, such cost or market value shall be | 30714 |
| multiplied according to the following schedule: | 30715 |
| For the first calendar year | 30716 | ||||||
| in which the | 30717 | ||||||
| home is owned by the | 30718 | ||||||
| current owner | x | 95% | 30719 | ||||
| 2nd calendar year | x | 90% | 30720 | ||||
| 3rd " | x | 85% | 30721 | ||||
| 4th " | x | 80% | 30722 | ||||
| 5th " | x | 75% | 30723 | ||||
| 6th " | x | 70% | 30724 | ||||
| 7th " | x | 65% | 30725 | ||||
| 8th " | x | 60% | 30726 | ||||
| 9th " | x | 55% | 30727 | ||||
| 10th and each year thereafter | x | 50% | 30728 |
| The first calendar year means any period between the first | 30729 |
| day of January and the thirty-first day of December of the first | 30730 |
| year. | 30731 |
| (2) On a home in which ownership was transferred or that | 30732 |
| first acquired situs in this state on or after January 1, 2000: | 30733 |
| (a) By multiplying the assessable value of the home by the | 30734 |
| effective tax rate, as defined in section 323.08 of the Revised | 30735 |
| Code, for residential real property of the taxing district in | 30736 |
| which the home has its situs, and deducting from the product thus | 30737 |
| obtained the reductions required or authorized under section | 30738 |
| 319.302, division (B) of section 323.152, or section 4503.065 of | 30739 |
| the Revised Code. | 30740 |
| (b) The assessable value of the home shall be thirty-five per | 30741 |
| cent of its true value as determined under division (L) of this | 30742 |
| section. | 30743 |
| (3) On or before the fifteenth day of January each year, the | 30744 |
| county auditor shall record the assessable value and the amount of | 30745 |
| tax on the manufactured or mobile home on the tax list and deliver | 30746 |
| a duplicate of the list to the county treasurer. In the case of an | 30747 |
| emergency as defined in section 323.17 of the Revised Code, the | 30748 |
| tax commissioner, by journal entry, may extend the times for | 30749 |
| delivery of the duplicate for an additional fifteen days upon | 30750 |
| receiving a written application from the county auditor regarding | 30751 |
| an extension for the delivery of the duplicate, or from the county | 30752 |
| treasurer regarding an extension of the time for the billing and | 30753 |
| collection of taxes. The application shall contain a statement | 30754 |
| describing the emergency that will cause the unavoidable delay and | 30755 |
| must be received by the tax commissioner on or before the last day | 30756 |
| of the month preceding the day delivery of the duplicate is | 30757 |
| otherwise required. When an extension is granted for delivery of | 30758 |
| the duplicate, the time period for payment of taxes shall be | 30759 |
| extended for a like period of time. When a delay in the closing of | 30760 |
| a tax collection period becomes unavoidable, the tax commissioner, | 30761 |
| upon application by the county auditor and county treasurer, may | 30762 |
| order the time for payment of taxes to be extended if the tax | 30763 |
| commissioner determines that penalties have accrued or would | 30764 |
| otherwise accrue for reasons beyond the control of the taxpayers | 30765 |
| of the county. The order shall prescribe the final extended date | 30766 |
| for payment of taxes for that collection period. | 30767 |
| (4) After January 1, 1999, the owner of a manufactured or | 30768 |
| mobile home taxed pursuant to division (D)(1) of this section may | 30769 |
| elect to have the home taxed pursuant to division (D)(2) of this | 30770 |
| section by filing a written request with the county auditor of the | 30771 |
| taxing district in which the home is located on or before the | 30772 |
| first day of December of any year. Upon the filing of the request, | 30773 |
| the county auditor shall determine whether all taxes levied under | 30774 |
| division (D)(1) of this section have been paid, and if those taxes | 30775 |
| have been paid, the county auditor shall tax the manufactured or | 30776 |
| mobile home pursuant to division (D)(2) of this section commencing | 30777 |
| in the next tax year. | 30778 |
| (5) A manufactured or mobile home that acquired situs in this | 30779 |
| state prior to January 1, 2000, shall be taxed pursuant to | 30780 |
| division (D)(2) of this section if no manufactured home tax had | 30781 |
| been paid for the home and the home was not exempted from taxation | 30782 |
| pursuant to division (E) of this section for the year for which | 30783 |
| the taxes were not paid. | 30784 |
| (6)(a) Immediately upon receipt of any manufactured home tax | 30785 |
| duplicate from the county auditor, but not less than twenty days | 30786 |
| prior to the last date on which the first one-half taxes may be | 30787 |
| paid without penalty as prescribed in division (F) of this | 30788 |
| section, the county treasurer shall cause to be prepared and | 30789 |
| mailed or delivered to each person charged on that duplicate with | 30790 |
| taxes, or to an agent designated by such person, the tax bill | 30791 |
| prescribed by the tax commissioner under division (D)(7) of this | 30792 |
| section. When taxes are paid by installments, the county | 30793 |
| treasurer shall mail or deliver to each person charged on such | 30794 |
| duplicate or the agent designated by that person a second tax bill | 30795 |
| showing the amount due at the time of the second tax collection. | 30796 |
| The second half tax bill shall be mailed or delivered at least | 30797 |
| twenty days prior to the close of the second half tax collection | 30798 |
| period. A change in the mailing address of any tax bill shall be | 30799 |
| made in writing to the county treasurer. Failure to receive a bill | 30800 |
| required by this section does not excuse failure or delay to pay | 30801 |
| any taxes shown on the bill or, except as provided in division | 30802 |
| (B)(1) of section 5715.39 of the Revised Code, avoid any penalty, | 30803 |
| interest, or charge for such delay. | 30804 |
| (b) After delivery of the copy of the delinquent manufactured | 30805 |
| home tax list under division (H) of this section, the county | 30806 |
| treasurer may prepare and mail to each person in whose name a home | 30807 |
| is listed an additional tax bill showing the total amount of | 30808 |
| delinquent taxes charged against the home as shown on the list. | 30809 |
| The tax bill shall include a notice that the interest charge | 30810 |
| prescribed by division (G) of this section has begun to accrue. | 30811 |
| (7) Each tax bill prepared and mailed or delivered under | 30812 |
| division (D)(6) of this section shall be in the form and contain | 30813 |
| the information required by the tax commissioner. The commissioner | 30814 |
| may prescribe different forms for each county and may authorize | 30815 |
| the county auditor to make up tax bills and tax receipts to be | 30816 |
| used by the county treasurer. The tax bill shall not contain or | 30817 |
| be mailed or delivered with any information or material that is | 30818 |
| not required by this section or that is not authorized by section | 30819 |
| 321.45 of the Revised Code or by the tax commissioner. In addition | 30820 |
| to the information required by the commissioner, each tax bill | 30821 |
| shall contain the following information: | 30822 |
| (a) The taxes levied and the taxes charged and payable | 30823 |
| against the manufactured or mobile home; | 30824 |
| (b) The following notice: "Notice: If the taxes are not paid | 30825 |
| within sixty days after the county auditor delivers the delinquent | 30826 |
| manufactured home tax list to the county treasurer, you and your | 30827 |
| home may be subject to collection proceedings for tax | 30828 |
| delinquency." Failure to provide such notice has no effect upon | 30829 |
| the validity of any tax judgment to which a home may be subjected. | 30830 |
| (c) In the case of manufactured or mobile homes taxed under | 30831 |
| division (D)(2) of this section, the following additional | 30832 |
| information: | 30833 |
| (i) The effective tax rate. The words "effective tax rate" | 30834 |
| shall appear in boldface type. | 30835 |
| (ii) The following notice: "Notice: If the taxes charged | 30836 |
| against this home have been reduced by the 2-1/2 per cent tax | 30837 |
| reduction for residences occupied by the owner but the home is not | 30838 |
| a residence occupied by the owner, the owner must notify the | 30839 |
| county auditor's office not later than March 31 of the year for | 30840 |
| which the taxes are due. Failure to do so may result in the owner | 30841 |
| being convicted of a fourth degree misdemeanor, which is | 30842 |
| punishable by imprisonment up to 30 days, a fine up to $250, or | 30843 |
| both, and in the owner having to repay the amount by which the | 30844 |
| taxes were erroneously or illegally reduced, plus any interest | 30845 |
| that may apply. | 30846 |
| If the taxes charged against this home have not been reduced | 30847 |
| by the 2-1/2 per cent tax reduction and the home is a residence | 30848 |
| occupied by the owner, the home may qualify for the tax reduction. | 30849 |
| To obtain an application for the tax reduction or further | 30850 |
| information, the owner may contact the county auditor's office at | 30851 |
| .......... (insert the address and telephone number of the county | 30852 |
| auditor's office)." | 30853 |
| (E)(1) A manufactured or mobile home is not subject to this | 30854 |
| section when any of the following applies: | 30855 |
| (a) It is taxable as personal property pursuant to section | 30856 |
| 5709.01 of the Revised Code. Any manufactured or mobile home that | 30857 |
| is used as a residence shall be subject to this section and shall | 30858 |
| not be taxable as personal property pursuant to section 5709.01 of | 30859 |
| the Revised Code. | 30860 |
| (b) It bears a license plate issued by any state other than | 30861 |
| this state unless the home is in this state in excess of an | 30862 |
| accumulative period of thirty days in any calendar year. | 30863 |
| (c) The annual tax has been paid on the home in this state | 30864 |
| for the current year. | 30865 |
| (d) The tax commissioner has determined, pursuant to section | 30866 |
| 5715.27 of the Revised Code, that the property is exempt from | 30867 |
| taxation, or would be exempt from taxation under Chapter 5709. of | 30868 |
| the Revised Code if it were classified as real property. | 30869 |
| (2) A travel trailer or park trailer, as these terms are | 30870 |
| defined in section 4501.01 of the Revised Code, is not subject to | 30871 |
| this section if it is unused or unoccupied and stored at the | 30872 |
| owner's normal place of residence or at a recognized storage | 30873 |
| facility. | 30874 |
| (3) A travel trailer or park trailer, as these terms are | 30875 |
| defined in section 4501.01 of the Revised Code, is subject to this | 30876 |
| section and shall be taxed as a manufactured or mobile home if it | 30877 |
| has a situs longer than thirty days in one location and is | 30878 |
| connected to existing utilities, unless either of the following | 30879 |
| applies: | 30880 |
| (a) The situs is in a state facility or a camping or park | 30881 |
| area as defined in division (C), (Q), (S), or (V) of section | 30882 |
| 3729.01 of the Revised Code. | 30883 |
| (b) The situs is in a camping or park area that is a tract of | 30884 |
| land that has been limited to recreational use by deed or zoning | 30885 |
| restrictions and subdivided for sale of five or more individual | 30886 |
| lots for the express or implied purpose of occupancy by either | 30887 |
| self-contained recreational vehicles as defined in division (T) of | 30888 |
| section 3729.01 of the Revised Code or by dependent recreational | 30889 |
| vehicles as defined in division (D) of section 3729.01 of the | 30890 |
| Revised Code. | 30891 |
| (F) Except as provided in division (D)(3) of this section, | 30892 |
| the manufactured home tax is due and payable as follows: | 30893 |
| (1) When a manufactured or mobile home has a situs in this | 30894 |
| state, as provided in this section, on the first day of January, | 30895 |
| one-half of the amount of the tax is due and payable on or before | 30896 |
| the first day of March and the balance is due and payable on or | 30897 |
| before the thirty-first day of July. At the option of the owner of | 30898 |
| the home, the tax for the entire year may be paid in full on the | 30899 |
| first day of March. | 30900 |
| (2) When a manufactured or mobile home first acquires a situs | 30901 |
| in this state after the first day of January, no tax is due and | 30902 |
| payable for that year. | 30903 |
| (G)(1)(a) Except as otherwise provided in division (G)(1)(b) | 30904 |
| of this section, if one-half of the current taxes charged under | 30905 |
| this section against a manufactured or mobile home, together with | 30906 |
| the full amount of any delinquent taxes, are not paid on or before | 30907 |
| the first day of March in that year, or on or before the last day | 30908 |
| for such payment as extended pursuant to section 4503.063 of the | 30909 |
| Revised Code, a penalty of ten per cent shall be charged against | 30910 |
| the unpaid balance of such half of the current taxes. If the total | 30911 |
| amount of all such taxes is not paid on or before the thirty-first | 30912 |
| day of July, next thereafter, or on or before the last day for | 30913 |
| payment as extended pursuant to section 4503.063 of the Revised | 30914 |
| Code, a like penalty shall be charged on the balance of the total | 30915 |
| amount of the unpaid current taxes. | 30916 |
| (b) After a valid delinquent tax contract that includes | 30917 |
| unpaid current taxes from a first-half collection period described | 30918 |
| in division (F) of this section has been entered into under | 30919 |
| section 323.31 of the Revised Code, no ten per cent penalty shall | 30920 |
| be charged against such taxes after the second-half collection | 30921 |
| period while the delinquent tax contract remains in effect. On the | 30922 |
| day a delinquent tax contract becomes void, the ten per cent | 30923 |
| penalty shall be charged against such taxes and shall equal the | 30924 |
| amount of penalty that would have been charged against unpaid | 30925 |
| current taxes outstanding on the date on which the second-half | 30926 |
| penalty would have been charged thereon under division (G)(1)(a) | 30927 |
| of this section if the contract had not been in effect. | 30928 |
| (2)(a) On the first day of the month following the last day | 30929 |
| the second installment of taxes may be paid without penalty | 30930 |
| beginning in 2000, interest shall be charged against and computed | 30931 |
| on all delinquent taxes other than the current taxes that became | 30932 |
| delinquent taxes at the close of the last day such second | 30933 |
| installment could be paid without penalty. The charge shall be for | 30934 |
| interest that accrued during the period that began on the | 30935 |
| preceding first day of December and ended on the last day of the | 30936 |
| month that included the last date such second installment could be | 30937 |
| paid without penalty. The interest shall be computed at the rate | 30938 |
| per annum prescribed by section 5703.47 of the Revised Code and | 30939 |
| shall be entered as a separate item on the delinquent manufactured | 30940 |
| home tax list compiled under division (H) of this section. | 30941 |
| (b) On the first day of December beginning in 2000, the | 30942 |
| interest shall be charged against and computed on all delinquent | 30943 |
| taxes. The charge shall be for interest that accrued during the | 30944 |
| period that began on the first day of the month following the last | 30945 |
| date prescribed for the payment of the second installment of taxes | 30946 |
| in the current year and ended on the immediately preceding last | 30947 |
| day of November. The interest shall be computed at the rate per | 30948 |
| annum prescribed by section 5703.47 of the Revised Code and shall | 30949 |
| be entered as a separate item on the delinquent manufactured home | 30950 |
| tax list. | 30951 |
| (c) After a valid undertaking has been entered into for the | 30952 |
| payment of any delinquent taxes, no interest shall be charged | 30953 |
| against such delinquent taxes while the undertaking remains in | 30954 |
| effect in compliance with section 323.31 of the Revised Code. If a | 30955 |
| valid undertaking becomes void, interest shall be charged against | 30956 |
| the delinquent taxes for the periods that interest was not | 30957 |
| permitted to be charged while the undertaking was in effect. The | 30958 |
| interest shall be charged on the day the undertaking becomes void | 30959 |
| and shall equal the amount of interest that would have been | 30960 |
| charged against the unpaid delinquent taxes outstanding on the | 30961 |
| dates on which interest would have been charged thereon under | 30962 |
| divisions (G)(1) and (2) of this section had the undertaking not | 30963 |
| been in effect. | 30964 |
| (3) If the full amount of the taxes due at either of the | 30965 |
| times prescribed by division (F) of this section is paid within | 30966 |
| ten days after such time, the county treasurer shall waive the | 30967 |
| collection of and the county auditor shall remit one-half of the | 30968 |
| penalty provided for in this division for failure to make that | 30969 |
| payment by the prescribed time. | 30970 |
| (4) The treasurer shall compile and deliver to the county | 30971 |
| auditor a list of all tax payments the treasurer has received as | 30972 |
| provided in division (G)(3) of this section. The list shall | 30973 |
| include any information required by the auditor for the remission | 30974 |
| of the penalties waived by the treasurer. The taxes so collected | 30975 |
| shall be included in the settlement next succeeding the settlement | 30976 |
| then in process. | 30977 |
| (H)(1) Beginning in 2000, the county auditor shall compile | 30978 |
| annually a "delinquent manufactured home tax list" consisting of | 30979 |
| homes the county treasurer's records indicate have taxes that were | 30980 |
| not paid within the time prescribed by divisions (D)(3) and (F) of | 30981 |
| this section, have taxes that remain unpaid from prior years, or | 30982 |
| have unpaid tax penalties or interest that have been assessed. | 30983 |
| (2) Within thirty days after the settlement under division | 30984 |
| (H)(2) of section 321.24 of the Revised Code beginning in 2000, | 30985 |
| the county auditor shall deliver a copy of the delinquent | 30986 |
| manufactured home tax list to the county treasurer. The auditor | 30987 |
| shall update and publish the delinquent manufactured home tax list | 30988 |
| annually in the same manner as delinquent real property tax lists | 30989 |
| are published. The county auditor shall apportion the cost of | 30990 |
| publishing the list among taxing districts in proportion to the | 30991 |
| amount of delinquent manufactured home taxes so published that | 30992 |
| each taxing district is entitled to receive upon collection of | 30993 |
| those taxes. | 30994 |
| (3) When taxes, penalties, or interest are charged against a | 30995 |
| person on the delinquent manufactured home tax list and are not | 30996 |
| paid within sixty days after the list is delivered to the county | 30997 |
| treasurer, the county treasurer shall, in addition to any other | 30998 |
| remedy provided by law for the collection of taxes, penalties, and | 30999 |
| interest, enforce collection of such taxes, penalties, and | 31000 |
| interest by civil action in the name of the treasurer against the | 31001 |
| owner for the recovery of the unpaid taxes following the | 31002 |
| procedures for the recovery of delinquent real property taxes in | 31003 |
| sections 323.25 to 323.28 of the Revised Code. The action may be | 31004 |
| brought in municipal or county court, provided the amount charged | 31005 |
| does not exceed the monetary limitations for original jurisdiction | 31006 |
| for civil actions in those courts. | 31007 |
| It is sufficient, having made proper parties to the suit, for | 31008 |
| the county treasurer to allege in the treasurer's bill of | 31009 |
| particulars or petition that the taxes stand chargeable on the | 31010 |
| books of the county treasurer against such person, that they are | 31011 |
| due and unpaid, and that such person is indebted in the amount of | 31012 |
| taxes appearing to be due the county. The treasurer need not set | 31013 |
| forth any other matter relating thereto. If it is found on the | 31014 |
| trial of the action that the person is indebted to the state, | 31015 |
| judgment shall be rendered in favor of the county treasurer | 31016 |
| prosecuting the action. The judgment debtor is not entitled to the | 31017 |
| benefit of any law for stay of execution or exemption of property | 31018 |
| from levy or sale on execution in the enforcement of the judgment. | 31019 |
| Upon the filing of an entry of confirmation of sale or an | 31020 |
| order of forfeiture in a proceeding brought under this division, | 31021 |
| title to the manufactured or mobile home shall be in the | 31022 |
| purchaser. The clerk of courts shall issue a certificate of title | 31023 |
| to the purchaser upon presentation of proof of filing of the entry | 31024 |
| of confirmation or order and, in the case of a forfeiture, | 31025 |
| presentation of the county auditor's certificate of sale. | 31026 |
| (I) The total amount of taxes collected shall be distributed | 31027 |
| in the following manner: four per cent shall be allowed as | 31028 |
| compensation to the county auditor for the county auditor's | 31029 |
| service in assessing the taxes; two per cent shall be allowed as | 31030 |
| compensation to the county treasurer for the services the county | 31031 |
| treasurer renders as a result of the tax levied by this section. | 31032 |
| Such amounts shall be paid into the county treasury, to the credit | 31033 |
| of the county general revenue fund, on the warrant of the county | 31034 |
| auditor. Fees to be paid to the credit of the real estate | 31035 |
|
assessment fund
shall be collected pursuant to division | 31036 |
| section 319.54 of the Revised Code and paid into the county | 31037 |
| treasury, on the warrant of the county auditor. The balance of the | 31038 |
| taxes collected shall be distributed among the taxing subdivisions | 31039 |
| of the county in which the taxes are collected and paid in the | 31040 |
| same ratio as those taxes were collected for the benefit of the | 31041 |
| taxing subdivision. The taxes levied and revenues collected under | 31042 |
| this section shall be in lieu of any general property tax and any | 31043 |
| tax levied with respect to the privilege of using or occupying a | 31044 |
| manufactured or mobile home in this state except as provided in | 31045 |
| sections 4503.04 and 5741.02 of the Revised Code. | 31046 |
| (J) An agreement to purchase or a bill of sale for a | 31047 |
| manufactured home shall show whether or not the furnishings and | 31048 |
| equipment are included in the purchase price. | 31049 |
| (K) If the county treasurer and the county prosecuting | 31050 |
| attorney agree that an item charged on the delinquent manufactured | 31051 |
| home tax list is uncollectible, they shall certify that | 31052 |
| determination and the reasons to the county board of revision. If | 31053 |
| the board determines the amount is uncollectible, it shall certify | 31054 |
| its determination to the county auditor, who shall strike the item | 31055 |
| from the list. | 31056 |
| (L)(1) The county auditor shall appraise at its true value | 31057 |
| any manufactured or mobile home in which ownership is transferred | 31058 |
| or which first acquires situs in this state on or after January 1, | 31059 |
| 2000, and any manufactured or mobile home the owner of which has | 31060 |
| elected, under division (D)(4) of this section, to have the home | 31061 |
| taxed under division (D)(2) of this section. The true value shall | 31062 |
| include the value of the home, any additions, and any fixtures, | 31063 |
| but not any furnishings in the home. In determining the true value | 31064 |
| of a manufactured or mobile home, the auditor shall consider all | 31065 |
| facts and circumstances relating to the value of the home, | 31066 |
| including its age, its capacity to function as a residence, any | 31067 |
| obsolete characteristics, and other factors that may tend to prove | 31068 |
| its true value. | 31069 |
| (2)(a) If a manufactured or mobile home has been the subject | 31070 |
| of an arm's length sale between a willing seller and a willing | 31071 |
| buyer within a reasonable length of time prior to the | 31072 |
| determination of true value, the county auditor shall consider the | 31073 |
| sale price of the home to be the true value for taxation purposes. | 31074 |
| (b) The sale price in an arm's length transaction between a | 31075 |
| willing seller and a willing buyer shall not be considered the | 31076 |
| true value of the home if either of the following occurred after | 31077 |
| the sale: | 31078 |
| (i) The home has lost value due to a casualty. | 31079 |
| (ii) An addition or fixture has been added to the home. | 31080 |
| (3) The county auditor shall have each home viewed and | 31081 |
| appraised at least once in each six-year period in the same year | 31082 |
| in which real property in the county is appraised pursuant to | 31083 |
| Chapter 5713. of the Revised Code, and shall update the appraised | 31084 |
| values in the third calendar year following the appraisal. The | 31085 |
| person viewing or appraising a home may enter the home to | 31086 |
| determine by actual view any additions or fixtures that have been | 31087 |
| added since the last appraisal. In conducting the appraisals and | 31088 |
| establishing the true value, the auditor shall follow the | 31089 |
| procedures set forth for appraising real property in sections | 31090 |
| 5713.01 and 5713.03 of the Revised Code. | 31091 |
| (4) The county auditor shall place the true value of each | 31092 |
| home on the manufactured home tax list upon completion of an | 31093 |
| appraisal. | 31094 |
| (5)(a) If the county auditor changes the true value of a | 31095 |
| home, the auditor shall notify the owner of the home in writing, | 31096 |
| delivered by mail or in person. The notice shall be given at least | 31097 |
| thirty days prior to the issuance of any tax bill that reflects | 31098 |
| the change. Failure to receive the notice does not invalidate any | 31099 |
| proceeding under this section. | 31100 |
| (b) Any owner of a home or any other person or party listed | 31101 |
| in division (A)(1) of section 5715.19 of the Revised Code may file | 31102 |
| a complaint against the true value of the home as appraised under | 31103 |
| this section. The complaint shall be filed with the county auditor | 31104 |
| on or before the thirty-first day of March of the current tax year | 31105 |
| or the date of closing of the collection for the first half of | 31106 |
| manufactured home taxes for the current tax year, whichever is | 31107 |
| later. The auditor shall present to the county board of revision | 31108 |
| all complaints filed with the auditor under this section. The | 31109 |
| board shall hear and investigate the complaint and may take action | 31110 |
| on it as provided under sections 5715.11 to 5715.19 of the Revised | 31111 |
| Code. | 31112 |
| (c) If the county board of revision determines, pursuant to a | 31113 |
| complaint against the valuation of a manufactured or mobile home | 31114 |
| filed under this section, that the amount of taxes, assessments, | 31115 |
| or other charges paid was in excess of the amount due based on the | 31116 |
| valuation as finally determined, then the overpayment shall be | 31117 |
| refunded in the manner prescribed in section 5715.22 of the | 31118 |
| Revised Code. | 31119 |
| (d) Payment of all or part of a tax under this section for | 31120 |
| any year for which a complaint is pending before the county board | 31121 |
| of revision does not abate the complaint or in any way affect the | 31122 |
| hearing and determination thereof. | 31123 |
| (M) If the county auditor determines that any tax or other | 31124 |
| charge or any part thereof has been erroneously charged as a | 31125 |
| result of a clerical error as defined in section 319.35 of the | 31126 |
| Revised Code, the county auditor shall call the attention of the | 31127 |
| county board of revision to the erroneous charges. If the board | 31128 |
| finds that the taxes or other charges have been erroneously | 31129 |
| charged or collected, it shall certify the finding to the auditor. | 31130 |
| Upon receipt of the certification, the auditor shall remove the | 31131 |
| erroneous charges on the manufactured home tax list or delinquent | 31132 |
| manufactured home tax list in the same manner as is prescribed in | 31133 |
| section 319.35 of the Revised Code for erroneous charges against | 31134 |
| real property, and refund any erroneous charges that have been | 31135 |
| collected, with interest, in the same manner as is prescribed in | 31136 |
| section 319.36 of the Revised Code for erroneous charges against | 31137 |
| real property. | 31138 |
| (N) As used in this section and section 4503.061 of the | 31139 |
| Revised Code: | 31140 |
| (1) "Manufactured home taxes" includes taxes, penalties, and | 31141 |
| interest charged under division (C) or (G) of this section and any | 31142 |
| penalties charged under division (G) or (H)(5) of section 4503.061 | 31143 |
| of the Revised Code. | 31144 |
| (2) "Current taxes" means all manufactured home taxes charged | 31145 |
| against a manufactured or mobile home that have not appeared on | 31146 |
| the manufactured home tax list for any prior year. Current taxes | 31147 |
| become delinquent taxes if they remain unpaid after the last day | 31148 |
| prescribed for payment of the second installment of current taxes | 31149 |
| without penalty, whether or not they have been certified | 31150 |
| delinquent. | 31151 |
| (3) "Delinquent taxes" means: | 31152 |
| (a) Any manufactured home taxes that were charged against a | 31153 |
| manufactured or mobile home for a prior year, including any | 31154 |
| penalties or interest charged for a prior year, and that remain | 31155 |
| unpaid; | 31156 |
| (b) Any current manufactured home taxes charged against a | 31157 |
| manufactured or mobile home that remain unpaid after the last day | 31158 |
| prescribed for payment of the second installment of current taxes | 31159 |
| without penalty, whether or not they have been certified | 31160 |
| delinquent, including any penalties or interest. | 31161 |
| Sec. 4503.061. (A) All manufactured and mobile homes shall | 31162 |
| be listed on either the real property tax list or the manufactured | 31163 |
| home tax list of the county in which the home has situs. Each | 31164 |
| owner shall follow the procedures in this section to identify the | 31165 |
| home to the county auditor of the county containing the taxing | 31166 |
| district in which the home has situs so that the auditor may place | 31167 |
| the home on the appropriate tax list. | 31168 |
| (B) When a manufactured or mobile home first acquires situs | 31169 |
| in this state and is subject to real property taxation pursuant to | 31170 |
| division (B)(1) or (2) of section 4503.06 of the Revised Code, the | 31171 |
| owner shall present to the auditor of the county containing the | 31172 |
| taxing district in which the home has its situs the certificate of | 31173 |
| title for the home, together with proof that all taxes due have | 31174 |
| been paid and proof that a relocation notice was obtained for the | 31175 |
| home if required under this section. Upon receiving the | 31176 |
| certificate of title and the required proofs, the auditor shall | 31177 |
| place the home on the real property tax list and proceed to treat | 31178 |
| the home as other properties on that list. After the auditor has | 31179 |
| placed the home on the tax list of real and public utility | 31180 |
| property, the auditor shall deliver the certificate of title to | 31181 |
| the clerk of the court of common pleas that issued it pursuant to | 31182 |
| section 4505.11 of the Revised Code, and the clerk shall | 31183 |
| inactivate the certificate of title. | 31184 |
| (C)(1) When a manufactured or mobile home subject to a | 31185 |
| manufactured home tax is relocated to or first acquires situs in | 31186 |
| any county that has adopted a permanent manufactured home | 31187 |
| registration system, as provided in division (F) of this section, | 31188 |
| the owner, within thirty days after the home is relocated or first | 31189 |
| acquires situs under section 4503.06 of the Revised Code, shall | 31190 |
| register the home with the county auditor of the county containing | 31191 |
| the taxing district in which the home has its situs. For the first | 31192 |
| registration in each county of situs, the owner or vendee in | 31193 |
| possession shall present to the county auditor an Ohio certificate | 31194 |
| of title, certified copy of the certificate of title, or | 31195 |
| memorandum certificate of title as such are required by law, and | 31196 |
| proof, as required by the county auditor, that the home, if it has | 31197 |
| previously been occupied and is being relocated, has been | 31198 |
| previously registered, that all taxes due and required to be paid | 31199 |
| under division (H)(1) of this section before a relocation notice | 31200 |
| may be issued have been paid, and that a relocation notice was | 31201 |
| obtained for the home if required by division (H) of this section. | 31202 |
| If the owner or vendee does not possess the Ohio certificate of | 31203 |
| title, certified copy of the certificate of title, or memorandum | 31204 |
| certificate of title at the time the owner or vendee first | 31205 |
| registers the home in a county, the county auditor shall register | 31206 |
| the home without presentation of the document, but the owner or | 31207 |
| vendee shall present the certificate of title, certified copy of | 31208 |
| the certificate of title, or memorandum certificate of title to | 31209 |
| the county auditor within fourteen days after the owner or vendee | 31210 |
| obtains possession of the document. | 31211 |
| (2) When a manufactured or mobile home is registered for the | 31212 |
| first time in a county and when the total tax due has been paid as | 31213 |
| required by division (F) of section 4503.06 of the Revised Code or | 31214 |
| divisions (E) and (H) of this section, the county treasurer shall | 31215 |
| note by writing or by a stamp on the certificate of title, | 31216 |
| certified copy of certificate of title, or memorandum certificate | 31217 |
| of title that the home has been registered and that the taxes due, | 31218 |
| if any, have been paid for the preceding five years and for the | 31219 |
| current year. The treasurer shall then issue a certificate | 31220 |
| evidencing registration and a decal to be displayed on the street | 31221 |
| side of the home. The certificate is valid in any county in this | 31222 |
| state during the year for which it is issued. | 31223 |
| (3) For each year thereafter, the county treasurer shall | 31224 |
| issue a tax bill stating the amount of tax due under section | 31225 |
| 4503.06 of the Revised Code, as provided in division (D)(6) of | 31226 |
| that section. When the total tax due has been paid as required by | 31227 |
| division (F) of that section, the county treasurer shall issue a | 31228 |
| certificate evidencing registration that shall be valid in any | 31229 |
| county in this state during the year for which the certificate is | 31230 |
| issued. | 31231 |
| (4) The permanent decal issued under this division is valid | 31232 |
| during the period of ownership, except that when a manufactured | 31233 |
| home is relocated in another county the owner shall apply for a | 31234 |
| new registration as required by this section and section 4503.06 | 31235 |
| of the Revised Code. | 31236 |
| (D)(1) All owners of manufactured or mobile homes subject to | 31237 |
| the manufactured home tax being relocated to or having situs in a | 31238 |
| county that has not adopted a permanent registration system, as | 31239 |
| provided in division (F) of this section, shall register the home | 31240 |
| within thirty days after the home is relocated or first acquires | 31241 |
| situs under section 4503.06 of the Revised Code and thereafter | 31242 |
| shall annually register the home with the county auditor of the | 31243 |
| county containing the taxing district in which the home has its | 31244 |
| situs. | 31245 |
| (2) Upon the annual registration, the county treasurer shall | 31246 |
| issue a tax bill stating the amount of annual manufactured home | 31247 |
| tax due under section 4503.06 of the Revised Code, as provided in | 31248 |
| division (D)(6) of that section. When a manufactured or mobile | 31249 |
| home is registered and when the tax for the current one-half year | 31250 |
| has been paid as required by division (F) of that section, the | 31251 |
| county treasurer shall issue a certificate evidencing registration | 31252 |
| and a decal. The certificate and decal are valid in any county in | 31253 |
| this state during the year for which they are issued. The decal | 31254 |
| shall be displayed on the street side of the home. | 31255 |
| (3) For the first annual registration in each county of | 31256 |
| situs, the county auditor shall require the owner or vendee to | 31257 |
| present an Ohio certificate of title, certified copy of the | 31258 |
| certificate of title, or memorandum certificate of title as such | 31259 |
| are required by law, and proof, as required by the county auditor, | 31260 |
| that the manufactured or mobile home has been previously | 31261 |
| registered, if such registration was required, that all taxes due | 31262 |
| and required to be paid under division (H)(1) of this section | 31263 |
| before a relocation notice may be issued have been paid, and that | 31264 |
| a relocation notice was obtained for the home if required by | 31265 |
| division (H) of this section. If the owner or vendee does not | 31266 |
| possess the Ohio certificate of title, certified copy of the | 31267 |
| certificate of title, or memorandum certificate of title at the | 31268 |
| time the owner or vendee first registers the home in a county, the | 31269 |
| county auditor shall register the home without presentation of the | 31270 |
| document, but the owner or vendee shall present the certificate of | 31271 |
| title, certified copy of the certificate of title, or memorandum | 31272 |
| certificate of title to the county auditor within fourteen days | 31273 |
| after the owner or vendee obtains possession of the document. When | 31274 |
| the county treasurer receives the tax payment, the county | 31275 |
| treasurer shall note by writing or by a stamp on the certificate | 31276 |
| of title, certified copy of the certificate of title, or | 31277 |
| memorandum certificate of title that the home has been registered | 31278 |
| for the current year and that the manufactured home taxes due, if | 31279 |
| any, have been paid for the preceding five years and for the | 31280 |
| current year. | 31281 |
| (4) For subsequent annual registrations, the auditor may | 31282 |
| require the owner or vendee in possession to present an Ohio | 31283 |
| certificate of title, certified copy of the certificate of title, | 31284 |
| or memorandum certificate of title to the county treasurer upon | 31285 |
| payment of the manufactured home tax that is due. | 31286 |
| (E)(1) Upon the application to transfer ownership of a | 31287 |
| manufactured or mobile home for which manufactured home taxes are | 31288 |
| paid pursuant to division (C) of section 4503.06 of the Revised | 31289 |
| Code the clerk of the court of common pleas shall not issue any | 31290 |
| certificate of title that does not contain or have attached both | 31291 |
| of the following: | 31292 |
| (a) An endorsement of the county treasurer stating that the | 31293 |
| home has been registered for each year of ownership and that all | 31294 |
| manufactured home taxes imposed pursuant to section 4503.06 of the | 31295 |
| Revised Code have been paid or that no tax is due; | 31296 |
| (b) An endorsement of the county auditor that the | 31297 |
| manufactured home transfer tax imposed pursuant to section 322.06 | 31298 |
|
of the Revised Code and any fees imposed under
division | 31299 |
| section 319.54 of the Revised Code have been paid. | 31300 |
| (2) If all the taxes have not been paid, the clerk shall | 31301 |
| notify the vendee to contact the county treasurer of the county | 31302 |
| containing the taxing district in which the home has its situs at | 31303 |
| the time of the proposed transfer. The county treasurer shall then | 31304 |
| collect all the taxes that are due for the year of the transfer | 31305 |
| and all previous years not exceeding a total of five years. The | 31306 |
| county treasurer shall distribute that part of the collection owed | 31307 |
| to the county treasurer of other counties if the home had its | 31308 |
| situs in another county during a particular year when the unpaid | 31309 |
| tax became due and payable. The burden to prove the situs of the | 31310 |
| home in the years that the taxes were not paid is on the | 31311 |
| transferor of the home. Upon payment of the taxes, the county | 31312 |
| auditor shall remove all remaining taxes from the manufactured | 31313 |
| home tax list and the delinquent manufactured home tax list, and | 31314 |
| the county treasurer shall release all liens for such taxes. The | 31315 |
| clerk of courts shall issue a certificate of title, free and clear | 31316 |
| of all liens for manufactured home taxes, to the transferee of the | 31317 |
| home. | 31318 |
| (3) Once the transfer is complete and the certificate of | 31319 |
| title has been issued, the transferee shall register the | 31320 |
| manufactured or mobile home pursuant to division (C) or (D) of | 31321 |
| this section with the county auditor of the county containing the | 31322 |
| taxing district in which the home remains after the transfer or, | 31323 |
| if the home is relocated to another county, with the county | 31324 |
| auditor of the county to which the home is relocated. The | 31325 |
| transferee need not pay the annual tax for the year of acquisition | 31326 |
| if the original owner has already paid the annual tax for that | 31327 |
| year. | 31328 |
| (F) The county auditor may adopt a permanent registration | 31329 |
| system and issue a permanent decal with the first registration as | 31330 |
| prescribed by the tax commissioner. | 31331 |
| (G) When any manufactured or mobile home required to be | 31332 |
| registered by this section is not registered, the county auditor | 31333 |
| shall impose a penalty of one hundred dollars upon the owner and | 31334 |
| deposit the amount to the credit of the county real estate | 31335 |
| assessment fund to be used to pay the costs of administering this | 31336 |
| section and section 4503.06 of the Revised Code. If unpaid, the | 31337 |
| penalty shall constitute a lien on the home and shall be added by | 31338 |
| the county auditor to the manufactured home tax list for | 31339 |
| collection. | 31340 |
| (H)(1) Except as otherwise provided in this division, before | 31341 |
| moving a manufactured or mobile home on public roads from one | 31342 |
| address within this state to another address within or outside | 31343 |
| this state, the owner of the home shall obtain a relocation | 31344 |
| notice, as provided by this section, from the auditor of the | 31345 |
| county in which the home is located if the home is currently | 31346 |
| subject to taxation pursuant to section 4503.06 of the Revised | 31347 |
| Code. The auditor shall charge five dollars for the notice, and | 31348 |
| deposit the amount to the credit of the county real estate | 31349 |
| assessment fund to be used to pay the costs of administering this | 31350 |
| section and section 4503.06 of the Revised Code. The auditor shall | 31351 |
| not issue a relocation notice unless all taxes owed on the home | 31352 |
| under section 4503.06 of the Revised Code that were first charged | 31353 |
| to the home during the period of ownership of the owner seeking | 31354 |
| the relocation notice have been paid. If the home is being moved | 31355 |
| by a new owner of the home or by a party taking repossession of | 31356 |
| the home, the auditor shall not issue a relocation notice unless | 31357 |
| all of the taxes due for the preceding five years and for the | 31358 |
| current year have been paid. A relocation notice issued by a | 31359 |
| county auditor is valid until the last day of December of the year | 31360 |
| in which it was issued. | 31361 |
| If the home is being moved by a sheriff, police officer, | 31362 |
| constable, bailiff, or manufactured home park operator, as defined | 31363 |
| in section 3733.01 of the Revised Code, or any agent of any of | 31364 |
| these persons, for purposes of removal from a manufactured home | 31365 |
| park and storage, sale, or destruction under section 1923.14 of | 31366 |
| the Revised Code, the auditor shall issue a relocation notice | 31367 |
| without requiring payment of any taxes owed on the home under | 31368 |
| section 4503.06 of the Revised Code. | 31369 |
| (2) If a manufactured or mobile home is not yet subject to | 31370 |
| taxation under section 4503.06 of the Revised Code, the owner of | 31371 |
| the home shall obtain a relocation notice from the dealer of the | 31372 |
| home. Within thirty days after the manufactured or mobile home is | 31373 |
| purchased, the dealer of the home shall provide the auditor of the | 31374 |
| county in which the home is to be located written notice of the | 31375 |
| name of the purchaser of the home, the registration number or | 31376 |
| vehicle identification number of the home, and the address or | 31377 |
| location to which the home is to be moved. The county auditor | 31378 |
| shall provide to each manufactured and mobile home dealer, without | 31379 |
| charge, a supply of relocation notices to be distributed to | 31380 |
| purchasers pursuant to this section. | 31381 |
| (3) The notice shall be in the form of a one-foot square | 31382 |
| yellow sign with the words "manufactured home relocation notice" | 31383 |
| printed prominently on it. The name of the owner of the home, the | 31384 |
| home's registration number or vehicle identification number, the | 31385 |
| county and the address or location to which the home is being | 31386 |
| moved, and the county in which the notice is issued shall also be | 31387 |
| entered on the notice. | 31388 |
| (4) The relocation notice must be attached to the rear of the | 31389 |
| home when the home is being moved on a public road. Except as | 31390 |
| provided in divisions (H)(1) and (5) of this section, no person | 31391 |
| shall drive a motor vehicle moving a manufactured or mobile home | 31392 |
| on a public road from one address to another address within this | 31393 |
| state unless a relocation notice is attached to the rear of the | 31394 |
| home. | 31395 |
| (5) If the county auditor determines that a manufactured or | 31396 |
| mobile home has been moved without a relocation notice as required | 31397 |
| under this division, the auditor shall impose a penalty of one | 31398 |
| hundred dollars upon the owner of the home and upon the person who | 31399 |
| moved the home and deposit the amount to the credit of the county | 31400 |
| real estate assessment fund to pay the costs of administering this | 31401 |
| section and section 4503.06 of the Revised Code. If the home was | 31402 |
| relocated from one county in this state to another county in this | 31403 |
| state and the county auditor of the county to which the home was | 31404 |
| relocated imposes the penalty, that county auditor, upon | 31405 |
| collection of the penalty, shall cause an amount equal to the | 31406 |
| penalty to be transmitted from the county real estate assessment | 31407 |
| fund to the county auditor of the county from which the home was | 31408 |
| relocated, who shall deposit the amount to the credit of the | 31409 |
| county real estate assessment fund. If the penalty on the owner is | 31410 |
| unpaid, the penalty shall constitute a lien on the home and the | 31411 |
| auditor shall add the penalty to the manufactured home tax list | 31412 |
| for collection. If the county auditor determines that a dealer | 31413 |
| that has sold a manufactured or mobile home has failed to timely | 31414 |
| provide the information required under this division, the auditor | 31415 |
| shall impose a penalty upon the dealer in the amount of one | 31416 |
| hundred dollars. The penalty shall be credited to the county real | 31417 |
| estate assessment fund and used to pay the costs of administering | 31418 |
| this section and section 4503.06 of the Revised Code. | 31419 |
| (I) Whoever violates division (H)(4) of this section is | 31420 |
| guilty of a minor misdemeanor. | 31421 |
| Sec. 4503.064. As used in sections 4503.064 to 4503.069 of | 31422 |
| the Revised Code: | 31423 |
| (A) "Sixty-five years of age or older" means a person who | 31424 |
| will be age sixty-five or older in the calendar year following the | 31425 |
| year of application for reduction in the assessable value of the | 31426 |
| person's manufactured or mobile home. | 31427 |
| (B) | 31428 |
| 31429 | |
| 31430 | |
| 31431 | |
| 31432 |
| | 31433 |
| 31434 | |
| 31435 |
| | 31436 |
| 31437 | |
| 31438 |
| | 31439 |
| 31440 |
| | 31441 |
| 31442 | |
| 31443 |
| | 31444 |
| 31445 |
| | 31446 |
| 31447 | |
| 31448 | |
| 31449 |
| | 31450 |
| 31451 | |
| 31452 | |
| 31453 | |
| 31454 | |
| 31455 | |
| 31456 |
| | 31457 |
| 31458 | |
| 31459 | |
| 31460 | |
| 31461 | |
| 31462 | |
| 31463 | |
| 31464 |
| | 31465 |
| 31466 | |
| 31467 | |
| 31468 |
| | 31469 |
| 31470 | |
| 31471 |
| | 31472 |
| 31473 | |
| 31474 | |
| 31475 | |
| 31476 | |
| 31477 | |
| 31478 | |
| 31479 | |
| 31480 |
| | 31481 |
| | 31482 |
| 31483 | |
| 31484 | |
| 31485 | |
| 31486 | |
| 31487 |
| | 31488 |
| 31489 | |
| 31490 | |
| 31491 | |
| 31492 |
| | 31493 |
| 31494 | |
| 31495 | |
| 31496 | |
| 31497 | |
| 31498 |
| | 31499 |
| the first day of January of the year of application, including | 31500 |
| late application, for reduction in the assessable value of a | 31501 |
| manufactured or mobile home, has some impairment in body or mind | 31502 |
| that makes the person unable to work at any substantially | 31503 |
| remunerative employment which the person is reasonably able to | 31504 |
| perform and which will, with reasonable probability, continue for | 31505 |
| an indefinite period of at least twelve months without any present | 31506 |
| indication of recovery therefrom or has been certified as | 31507 |
| permanently and totally disabled by a state or federal agency | 31508 |
| having the function of so classifying persons. | 31509 |
| | 31510 |
| allowed under division (A) of section 323.152 of the Revised Code | 31511 |
| for the year in which an application is filed under section | 31512 |
| 4503.066 of the Revised Code. | 31513 |
| | 31514 |
| (C)(4) of section 3781.06 of the Revised Code, and includes a | 31515 |
| structure consisting of two manufactured homes that were purchased | 31516 |
| either together or separately and are combined to form a single | 31517 |
| dwelling, but does not include a manufactured home that is taxed | 31518 |
| as real property pursuant to division (B) of section 4503.06 of | 31519 |
| the Revised Code. | 31520 |
| | 31521 |
| section 4501.01 of the Revised Code and includes a structure | 31522 |
| consisting of two mobile homes that were purchased together or | 31523 |
| separately and combined to form a single dwelling, but does not | 31524 |
| include a mobile home that is taxed as real property pursuant to | 31525 |
| division (B) of section 4503.06 of the Revised Code. | 31526 |
| | 31527 |
| original application under division (A)(3) of section 4503.066 of | 31528 |
| the Revised Code. | 31529 |
| Sec. 4503.065. (A) This section applies to any of the | 31530 |
| following: | 31531 |
| (1) An individual who is permanently and totally disabled; | 31532 |
| (2) An individual who is sixty-five years of age or older; | 31533 |
| (3) An individual who is the surviving spouse of a deceased | 31534 |
| person who was permanently and totally disabled or sixty-five | 31535 |
| years of age or older and who applied and qualified for a | 31536 |
| reduction in assessable value under this section in the year of | 31537 |
| death, provided the surviving spouse is at least fifty-nine but | 31538 |
| not sixty-five or more years of age on the date the deceased | 31539 |
| spouse dies. | 31540 |
| (B) | 31541 |
| home that is paid pursuant to division (C) of section 4503.06 of | 31542 |
| the Revised Code and that is owned and occupied as a home by an | 31543 |
| individual whose domicile is in this state and to whom this | 31544 |
| section applies, shall be reduced for any tax year for which the | 31545 |
| owner obtains a certificate of reduction from the county auditor | 31546 |
| under section 4503.067 of the Revised Code, provided the | 31547 |
| individual did not acquire ownership from a person, other than the | 31548 |
| individual's spouse, related by consanguinity or affinity for the | 31549 |
|
purpose
of qualifying for the reduction | 31550 |
| owner includes a settlor of a revocable inter vivos trust holding | 31551 |
| the title to a manufactured or mobile home occupied by the settlor | 31552 |
|
as of
right under the trust. The reduction shall equal the | 31553 |
| 31554 | |
| 31555 | |
| 31556 |
| 31557 | |||||
| 31558 | |||||
| 31559 | |||||
| 31560 | ||||
| 31561 | ||||
| 31562 | ||||
| 31563 |
| | 31564 |
| 31565 | |
| 31566 |
| | 31567 |
| 31568 | |
| 31569 | |
| 31570 | |
| 31571 |
| | 31572 |
| 31573 | |
| 31574 |
| | 31575 |
| 31576 | |
| 31577 |
| | 31578 |
| 31579 | |
| 31580 |
| | 31581 |
| 31582 | |
| 31583 | |
| 31584 | |
| 31585 |
| | 31586 |
| 31587 | |
| 31588 | |
| 31589 | |
| 31590 | |
| 31591 | |
| 31592 | |
| 31593 | |
| 2006, if the taxpayer received a reduction for tax year 2006, or | 31594 |
| the product of the following: | 31595 |
| (1) Twenty-five thousand dollars of the true value of the | 31596 |
| property in money; | 31597 |
| (2) The assessment percentage established by the tax | 31598 |
| commissioner under division (B) of section 5715.01 of the Revised | 31599 |
| Code, not to exceed thirty-five per cent; | 31600 |
| (3) The effective tax rate on residential/agricultural real | 31601 |
| property, where "effective tax rate" is defined as in section | 31602 |
| 323.08 of the Revised Code, and where "residential/agricultural | 31603 |
| real property" is defined as in section 5713.041 of the Revised | 31604 |
| Code; | 31605 |
| (4) In the case of a manufactured or mobile home for which | 31606 |
| the tax is computed under division (C)(2) of section 4503.06 of | 31607 |
| the Revised Code, the quantity equal to one minus the sum of the | 31608 |
| percentage reductions in taxes allowed by section 319.302 of the | 31609 |
| Revised Code and division (B) of section 323.152 of the Revised | 31610 |
| Code. | 31611 |
| (C) If the owner or the spouse of the owner of a manufactured | 31612 |
| or mobile home is eligible for a homestead exemption on the land | 31613 |
| upon which
the home is located, the reduction | 31614 |
| to which the owner or spouse is entitled under this section shall | 31615 |
| not exceed
the difference between the reduction
| 31616 |
| 31617 | |
| 31618 | |
| the reduction | 31619 |
| homestead exemption. | 31620 |
| (D) No reduction shall be made | 31621 |
| with respect to the home of any person convicted of violating | 31622 |
| division (C) or (D) of section 4503.066 of the Revised Code for a | 31623 |
| period of three years following the conviction. | 31624 |
| Sec. 4503.066. (A)(1) To obtain a tax reduction | 31625 |
| 31626 | |
| 4503.065 of the Revised Code, the owner of the home shall file an | 31627 |
| application with the county auditor of the county in which the | 31628 |
|
home is
located. An application for reduction in
| 31629 |
| taxes based upon a physical disability shall be accompanied by a | 31630 |
| certificate signed by a physician, and an application for | 31631 |
|
reduction in | 31632 |
| shall be accompanied by a certificate signed by a physician or | 31633 |
| psychologist licensed to practice in this state. The certificate | 31634 |
| shall attest to the fact that the applicant is permanently and | 31635 |
| totally disabled, shall be in a form that the department of | 31636 |
| taxation requires, and shall include the definition of totally and | 31637 |
| permanently disabled as set forth in section 4503.064 of the | 31638 |
|
Revised Code. An application for reduction in
| 31639 |
| taxes based upon a disability certified as permanent and total by | 31640 |
| a state or federal agency having the function of so classifying | 31641 |
| persons shall be accompanied by a certificate from that agency. | 31642 |
| (2) Each application shall constitute a continuing | 31643 |
|
application for a reduction in | 31644 |
| year in which the manufactured or mobile home is occupied by the | 31645 |
| applicant
| 31646 |
| 31647 | |
| 31648 | |
| Failure to receive a new application or notification under | 31649 |
| division (B) of this section after a certificate of reduction has | 31650 |
| been issued under section 4503.067 of the Revised Code is | 31651 |
| prima-facie evidence that the original applicant is entitled to | 31652 |
| the reduction | 31653 |
| information contained in the original application. The original | 31654 |
| application and any subsequent application shall be in the form of | 31655 |
| a signed statement and shall be filed not later than the first | 31656 |
| Monday in June. The statement shall be on a form, devised and | 31657 |
| supplied by the tax commissioner, that shall require no more | 31658 |
| information than is necessary to establish the applicant's | 31659 |
| eligibility for the
reduction in
| 31660 |
| amount of the reduction to
which the
applicant is entitled. | 31661 |
| 31662 | |
| 31663 | |
| 31664 | |
| 31665 | |
| 31666 | |
| 31667 | |
| shall contain a statement that conviction of willfully falsifying | 31668 |
| information to obtain a reduction in
| 31669 |
| failing to comply with division (B) of this section shall result | 31670 |
| in the revocation of the right to the reduction for a period of | 31671 |
| three years. | 31672 |
| (3) A late application for a reduction in | 31673 |
| taxes for the year preceding the year for which an original | 31674 |
| application is filed may be filed with an original application. If | 31675 |
| the auditor determines that the information contained in the late | 31676 |
| application is correct, the auditor shall determine both the | 31677 |
|
amount of the reduction in | 31678 |
| applicant would have been entitled for the current tax year had | 31679 |
| the application been timely filed and approved in the preceding | 31680 |
| year, and the amount the taxes levied under section 4503.06 of the | 31681 |
| Revised Code for the current year would have been reduced as a | 31682 |
|
result of the
reduction | 31683 |
| permanently and totally disabled on the first day of January of | 31684 |
| the year in which the applicant files a late application, the | 31685 |
| auditor, in making the determination of the amounts of the | 31686 |
|
reduction in | 31687 |
| this section, is not required to determine that the applicant was | 31688 |
| permanently and totally disabled on the first day of January of | 31689 |
| the preceding year. | 31690 |
| The amount of the reduction in taxes pursuant to a late | 31691 |
| application shall be treated as an overpayment of taxes by the | 31692 |
| applicant. The auditor shall credit the amount of the overpayment | 31693 |
| against the amount of the taxes or penalties then due from the | 31694 |
| applicant, and, at the next succeeding settlement, the amount of | 31695 |
| the credit shall be deducted from the amount of any taxes or | 31696 |
| penalties distributable to the county or any taxing unit in the | 31697 |
| county that has received the benefit of the taxes or penalties | 31698 |
| previously overpaid, in proportion to the benefits previously | 31699 |
| received. If, after the credit has been made, there remains a | 31700 |
| balance of the overpayment, or if there are no taxes or penalties | 31701 |
| due from the applicant, the auditor shall refund that balance to | 31702 |
| the applicant by a warrant drawn on the county treasurer in favor | 31703 |
| of the applicant. The treasurer shall pay the warrant from the | 31704 |
| general fund of the county. If there is insufficient money in the | 31705 |
| general fund to make the payment, the treasurer shall pay the | 31706 |
| warrant out of any undivided manufactured or mobile home taxes | 31707 |
| subsequently received by the treasurer for distribution to the | 31708 |
| county or taxing district in the county that received the benefit | 31709 |
| of the overpaid taxes, in proportion to the benefits previously | 31710 |
| received, and the amount paid from the undivided funds shall be | 31711 |
| deducted from the money otherwise distributable to the county or | 31712 |
| taxing district in the county at the next or any succeeding | 31713 |
| distribution. At the next or any succeeding distribution after | 31714 |
| making the refund, the treasurer shall reimburse the general fund | 31715 |
| for any payment made from that fund by deducting the amount of | 31716 |
| that payment from the money distributable to the county or other | 31717 |
| taxing unit in the county that has received the benefit of the | 31718 |
| taxes, in proportion to the benefits previously received. On the | 31719 |
| second Monday in September of each year, the county auditor shall | 31720 |
| certify the total amount of the reductions in taxes made in the | 31721 |
| current year under division (A)(3) of this section to the tax | 31722 |
| commissioner who shall treat that amount as a reduction in taxes | 31723 |
| for the current tax year and shall make reimbursement to the | 31724 |
| county of that amount in the manner prescribed in section 4503.068 | 31725 |
| of the Revised Code, from moneys appropriated for that purpose. | 31726 |
| (B) If in any year after an application has been filed under | 31727 |
| division (A) of this section the owner no longer qualifies for the | 31728 |
|
reduction in | 31729 |
| a
certificate | 31730 |
| 31731 | |
| 31732 | |
| shall notify the county auditor that the owner is not qualified | 31733 |
| for a
reduction in | 31734 |
| 31735 |
| During January of each year, the county auditor shall furnish | 31736 |
|
each person issued a certificate of reduction | 31737 |
|
ordinary mail, a form on which to report any | 31738 |
| 31739 | |
| 31740 | |
| the home, including changes in or revocation of a revocable inter | 31741 |
| vivos trust, changes in disability, and other changes in the | 31742 |
| information earlier furnished the auditor relative to the | 31743 |
|
application. | 31744 |
| 31745 | |
| 31746 |
| (C) No person shall knowingly make a false statement for the | 31747 |
|
purpose of obtaining a reduction in | 31748 |
| section 4503.065 of the Revised Code. | 31749 |
| (D) No person shall knowingly fail to notify the county | 31750 |
| auditor of any change required by division (B) of this section | 31751 |
| that has the effect of maintaining or securing a reduction in | 31752 |
| 31753 | |
| taxes under section 4503.065 of the Revised Code. | 31754 |
| (E) No person shall knowingly make a false statement or | 31755 |
| certification attesting to any person's physical or mental | 31756 |
| condition for purposes of qualifying such person for tax relief | 31757 |
| pursuant to sections 4503.064 to 4503.069 of the Revised Code. | 31758 |
| (F) Whoever violates division (C), (D), or (E) of this | 31759 |
| section is guilty of a misdemeanor of the fourth degree. | 31760 |
| Sec. 4503.067. (A) At the same time the tax bill for the | 31761 |
| first half of the tax year is issued, the county auditor shall | 31762 |
| issue a certificate of reduction in
| 31763 |
| a manufactured or mobile home in triplicate for each person who | 31764 |
| has complied with section 4503.066 of the Revised Code and been | 31765 |
| found by the auditor to be entitled to a reduction | 31766 |
| 31767 | |
| set forth the | 31768 |
| 31769 | |
| reduction in | 31770 |
| section 4503.065 of the Revised Code. Upon issuance of the | 31771 |
| certificate, the auditor shall reduce the
| 31772 |
| manufactured home tax levied on the home for the succeeding tax | 31773 |
| year by the required amount and forward the original and one copy | 31774 |
| of the certificate to the county treasurer. The auditor shall | 31775 |
| retain one copy of the certificate. The treasurer shall retain the | 31776 |
| original certificate and forward the remaining copy to the | 31777 |
| recipient with the tax bill delivered pursuant to division (D)(6) | 31778 |
| of section 4503.06 of the Revised Code. | 31779 |
| (B) If the application or a continuing application is not | 31780 |
| approved, the auditor shall notify the applicant of the reasons | 31781 |
| for denial no later than the first Monday in October. If a person | 31782 |
| believes that the person's application for reduction in
| 31783 |
| 31784 | |
| than that to which the person is entitled, the person may file an | 31785 |
| appeal with the county board of revision no later than the | 31786 |
| thirty-first day of January of the following calendar year. The | 31787 |
| appeal shall be treated in the same manner as a complaint relating | 31788 |
| to the valuation or assessment of real property under Chapter | 31789 |
| 5715. of the Revised Code. | 31790 |
| Sec. 4503.10. (A) The owner of every snowmobile, off-highway | 31791 |
| motorcycle, and all-purpose vehicle required to be registered | 31792 |
| under section 4519.02 of the Revised Code shall file an | 31793 |
| application for registration under section 4519.03 of the Revised | 31794 |
| Code. The owner of a motor vehicle, other than a snowmobile, | 31795 |
| off-highway motorcycle, or all-purpose vehicle, that is not | 31796 |
| designed and constructed by the manufacturer for operation on a | 31797 |
| street or highway may not register it under this chapter except | 31798 |
| upon certification of inspection pursuant to section 4513.02 of | 31799 |
| the Revised Code by the sheriff, or the chief of police of the | 31800 |
| municipal corporation or township, with jurisdiction over the | 31801 |
| political subdivision in which the owner of the motor vehicle | 31802 |
| resides. Except as provided in section 4503.103 of the Revised | 31803 |
| Code, every owner of every other motor vehicle not previously | 31804 |
| described in this section and every person mentioned as owner in | 31805 |
| the last certificate of title of a motor vehicle that is operated | 31806 |
| or driven upon the public roads or highways shall cause to be | 31807 |
| filed each year, by mail or otherwise, in the office of the | 31808 |
| registrar of motor vehicles or a deputy registrar, a written or | 31809 |
| electronic application or a preprinted registration renewal notice | 31810 |
| issued under section 4503.102 of the Revised Code, the form of | 31811 |
| which shall be prescribed by the registrar, for registration for | 31812 |
| the following registration year, which shall begin on the first | 31813 |
| day of January of every calendar year and end on the thirty-first | 31814 |
| day of December in the same year. Applications for registration | 31815 |
| and registration renewal notices shall be filed at the times | 31816 |
| established by the registrar pursuant to section 4503.101 of the | 31817 |
| Revised Code. A motor vehicle owner also may elect to apply for or | 31818 |
| renew a motor vehicle registration by electronic means using | 31819 |
| electronic signature in accordance with rules adopted by the | 31820 |
| registrar. Except as provided in division (J) of this section, | 31821 |
| applications for registration shall be made on blanks furnished by | 31822 |
| the registrar for that purpose, containing the following | 31823 |
| information: | 31824 |
| (1) A brief description of the motor vehicle to be | 31825 |
| registered, including the year, make, model, and vehicle | 31826 |
| identification number, and, in the case of commercial cars, the | 31827 |
| gross weight of the vehicle fully equipped computed in the manner | 31828 |
| prescribed in section 4503.08 of the Revised Code; | 31829 |
| (2) The name and residence address of the owner, and the | 31830 |
| township and municipal corporation in which the owner resides; | 31831 |
| (3) The district of registration, which shall be determined | 31832 |
| as follows: | 31833 |
| (a) In case the motor vehicle to be registered is used for | 31834 |
| hire or principally in connection with any established business or | 31835 |
| branch business, conducted at a particular place, the district of | 31836 |
| registration is the municipal corporation in which that place is | 31837 |
| located or, if not located in any municipal corporation, the | 31838 |
| county and township in which that place is located. | 31839 |
| (b) In case the vehicle is not so used, the district of | 31840 |
| registration is the municipal corporation or county in which the | 31841 |
| owner resides at the time of making the application. | 31842 |
| (4) Whether the motor vehicle is a new or used motor vehicle; | 31843 |
| (5) The date of purchase of the motor vehicle; | 31844 |
| (6) Whether the fees required to be paid for the registration | 31845 |
| or transfer of the motor vehicle, during the preceding | 31846 |
| registration year and during the preceding period of the current | 31847 |
| registration year, have been paid. Each application for | 31848 |
| registration shall be signed by the owner, either manually or by | 31849 |
| electronic signature, or pursuant to obtaining a limited power of | 31850 |
| attorney authorized by the registrar for registration, or other | 31851 |
| document authorizing such signature. If the owner elects to apply | 31852 |
| for or renew the motor vehicle registration with the registrar by | 31853 |
| electronic means, the owner's manual signature is not required. | 31854 |
| (7) The owner's social security number, if assigned, or, | 31855 |
| where a motor vehicle to be registered is used for hire or | 31856 |
| principally in connection with any established business, the | 31857 |
| owner's federal taxpayer identification number. The bureau of | 31858 |
| motor vehicles shall retain in its records all social security | 31859 |
| numbers provided under this section, but the bureau shall not | 31860 |
| place social security numbers on motor vehicle certificates of | 31861 |
| registration. | 31862 |
| (B) Except as otherwise provided in this division, each time | 31863 |
| an applicant first registers a motor vehicle in the applicant's | 31864 |
| name, the applicant shall present for inspection a physical | 31865 |
| certificate of title or memorandum certificate showing title to | 31866 |
| the motor vehicle to be registered in the name of the applicant if | 31867 |
| a physical certificate of title or memorandum certificate has been | 31868 |
| issued by a clerk of a court of common pleas. If, under sections | 31869 |
| 4505.021, 4505.06, and 4505.08 of the Revised Code, a clerk | 31870 |
| instead has issued an electronic certificate of title for the | 31871 |
| applicant's motor vehicle, that certificate may be presented for | 31872 |
| inspection at the time of first registration in a manner | 31873 |
| prescribed by rules adopted by the registrar. An applicant is not | 31874 |
| required to present a certificate of title to an electronic motor | 31875 |
| vehicle dealer acting as a limited authority deputy registrar in | 31876 |
| accordance with rules adopted by the registrar. When a motor | 31877 |
| vehicle inspection and maintenance program is in effect under | 31878 |
| section 3704.14 of the Revised Code and rules adopted under it, | 31879 |
| each application for registration for a vehicle required to be | 31880 |
| inspected under that section and those rules shall be accompanied | 31881 |
| by an inspection certificate for the motor vehicle issued in | 31882 |
| accordance with that section. The application shall be refused if | 31883 |
| any of the following applies: | 31884 |
| (1) The application is not in proper form. | 31885 |
| (2) The application is prohibited from being accepted by | 31886 |
| division (D) of section 2935.27, division (A) of section 2937.221, | 31887 |
| division (A) of section 4503.13, division (B) of section 4510.22, | 31888 |
| or division (B)(1) of section 4521.10 of the Revised Code. | 31889 |
| (3) A certificate of title or memorandum certificate of title | 31890 |
| is required but does not accompany the application or, in the case | 31891 |
| of an electronic certificate of title, is required but is not | 31892 |
| presented in a manner prescribed by the registrar's rules. | 31893 |
| (4) All registration and transfer fees for the motor vehicle, | 31894 |
| for the preceding year or the preceding period of the current | 31895 |
| registration year, have not been paid. | 31896 |
| (5) The owner or lessee does not have an inspection | 31897 |
| certificate for the motor vehicle as provided in section 3704.14 | 31898 |
| of the Revised Code, and rules adopted under it, if that section | 31899 |
| is applicable. | 31900 |
| This section does not require the payment of license or | 31901 |
| registration taxes on a motor vehicle for any preceding year, or | 31902 |
| for any preceding period of a year, if the motor vehicle was not | 31903 |
| taxable for that preceding year or period under sections 4503.02, | 31904 |
| 4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the | 31905 |
| Revised Code. When a certificate of registration is issued upon | 31906 |
| the first registration of a motor vehicle by or on behalf of the | 31907 |
| owner, the official issuing the certificate shall indicate the | 31908 |
| issuance with a stamp on the certificate of title or memorandum | 31909 |
| certificate or, in the case of an electronic certificate of title, | 31910 |
| an electronic stamp or other notation as specified in rules | 31911 |
| adopted by the registrar, and with a stamp on the inspection | 31912 |
| certificate for the motor vehicle, if any. The official also shall | 31913 |
| indicate, by a stamp or by other means the registrar prescribes, | 31914 |
| on the registration certificate issued upon the first registration | 31915 |
| of a motor vehicle by or on behalf of the owner the odometer | 31916 |
| reading of the motor vehicle as shown in the odometer statement | 31917 |
| included in or attached to the certificate of title. Upon each | 31918 |
| subsequent registration of the motor vehicle by or on behalf of | 31919 |
| the same owner, the official also shall so indicate the odometer | 31920 |
| reading of the motor vehicle as shown on the immediately preceding | 31921 |
| certificate of registration. | 31922 |
| The registrar shall include in the permanent registration | 31923 |
| record of any vehicle required to be inspected under section | 31924 |
| 3704.14 of the Revised Code the inspection certificate number from | 31925 |
| the inspection certificate that is presented at the time of | 31926 |
| registration of the vehicle as required under this division. | 31927 |
| (C)(1) Commencing with each registration renewal with an | 31928 |
| expiration date on or after October 1, 2003, and for each initial | 31929 |
| application for registration received on and after that date, the | 31930 |
| registrar and each deputy registrar shall collect an additional | 31931 |
| fee of eleven dollars for each application for registration and | 31932 |
| registration renewal received. The additional fee is for the | 31933 |
| purpose of defraying the department of public safety's costs | 31934 |
| associated with the administration and enforcement of the motor | 31935 |
| vehicle and traffic laws of Ohio. Each deputy registrar shall | 31936 |
| transmit the fees collected under division (C)(1) of this section | 31937 |
| in the time and manner provided in this section. The registrar | 31938 |
| shall deposit all moneys received under division (C)(1) of this | 31939 |
| section into the state highway safety fund established in section | 31940 |
| 4501.06 of the Revised Code. | 31941 |
| (2) In addition, a charge of twenty-five cents shall be made | 31942 |
| for each reflectorized safety license plate issued, and a single | 31943 |
| charge of twenty-five cents shall be made for each county | 31944 |
| identification sticker or each set of county identification | 31945 |
| stickers issued, as the case may be, to cover the cost of | 31946 |
| producing the license plates and stickers, including material, | 31947 |
| manufacturing, and administrative costs. Those fees shall be in | 31948 |
| addition to the license tax. If the total cost of producing the | 31949 |
| plates is less than twenty-five cents per plate, or if the total | 31950 |
| cost of producing the stickers is less than twenty-five cents per | 31951 |
| sticker or per set issued, any excess moneys accruing from the | 31952 |
| fees shall be distributed in the same manner as provided by | 31953 |
| section 4501.04 of the Revised Code for the distribution of | 31954 |
| license tax moneys. If the total cost of producing the plates | 31955 |
| exceeds twenty-five cents per plate, or if the total cost of | 31956 |
| producing the stickers exceeds twenty-five cents per sticker or | 31957 |
| per set issued, the difference shall be paid from the license tax | 31958 |
| moneys collected pursuant to section 4503.02 of the Revised Code. | 31959 |
| (D) Each deputy registrar shall be allowed a fee of two | 31960 |
| dollars and seventy-five cents commencing on July 1, 2001, three | 31961 |
| dollars and twenty-five cents commencing on January 1, 2003, and | 31962 |
| three dollars and fifty cents commencing on January 1, 2004, for | 31963 |
| each application for registration and registration renewal notice | 31964 |
| the deputy registrar receives, which shall be for the purpose of | 31965 |
| compensating the deputy registrar for the deputy registrar's | 31966 |
| services, and such office and rental expenses, as may be necessary | 31967 |
| for the proper discharge of the deputy registrar's duties in the | 31968 |
| receiving of applications and renewal notices and the issuing of | 31969 |
| registrations. | 31970 |
| (E) Upon the certification of the registrar, the county | 31971 |
| sheriff or local police officials shall recover license plates | 31972 |
| erroneously or fraudulently issued. | 31973 |
| (F) Each deputy registrar, upon receipt of any application | 31974 |
| for registration or registration renewal notice, together with the | 31975 |
| license fee and any local motor vehicle license tax levied | 31976 |
| pursuant to Chapter 4504. of the Revised Code, shall transmit that | 31977 |
| fee and tax, if any, in the manner provided in this section, | 31978 |
| together with the original and duplicate copy of the application, | 31979 |
| to the registrar. The registrar, subject to the approval of the | 31980 |
| director of public safety, may deposit the funds collected by | 31981 |
| those deputies in a local bank or depository to the credit of the | 31982 |
| "state of Ohio, bureau of motor vehicles." Where a local bank or | 31983 |
| depository has been designated by the registrar, each deputy | 31984 |
| registrar shall deposit all moneys collected by the deputy | 31985 |
| registrar into that bank or depository not more than one business | 31986 |
| day after their collection and shall make reports to the registrar | 31987 |
| of the amounts so deposited, together with any other information, | 31988 |
| some of which may be prescribed by the treasurer of state, as the | 31989 |
| registrar may require and as prescribed by the registrar by rule. | 31990 |
| The registrar, within three days after receipt of notification of | 31991 |
| the deposit of funds by a deputy registrar in a local bank or | 31992 |
| depository, shall draw on that account in favor of the treasurer | 31993 |
| of state. The registrar, subject to the approval of the director | 31994 |
| and the treasurer of state, may make reasonable rules necessary | 31995 |
| for the prompt transmittal of fees and for safeguarding the | 31996 |
| interests of the state and of counties, townships, municipal | 31997 |
| corporations, and transportation improvement districts levying | 31998 |
| local motor vehicle license taxes. The registrar may pay service | 31999 |
| charges usually collected by banks and depositories for such | 32000 |
| service. If deputy registrars are located in communities where | 32001 |
| banking facilities are not available, they shall transmit the fees | 32002 |
| forthwith, by money order or otherwise, as the registrar, by rule | 32003 |
| approved by the director and the treasurer of state, may | 32004 |
| prescribe. The registrar may pay the usual and customary fees for | 32005 |
| such service. | 32006 |
| (G) This section does not prevent any person from making an | 32007 |
| application for a motor vehicle license directly to the registrar | 32008 |
| by mail, by electronic means, or in person at any of the | 32009 |
| registrar's offices, upon payment of a service fee of two dollars | 32010 |
| and seventy-five cents commencing on July 1, 2001, three dollars | 32011 |
| and twenty-five cents commencing on January 1, 2003, and three | 32012 |
| dollars and fifty cents commencing on January 1, 2004, for each | 32013 |
| application. | 32014 |
| (H) No person shall make a false statement as to the district | 32015 |
| of registration in an application required by division (A) of this | 32016 |
| section. Violation of this division is falsification under section | 32017 |
| 2921.13 of the Revised Code and punishable as specified in that | 32018 |
| section. | 32019 |
| (I)(1) Where applicable, the requirements of division (B) of | 32020 |
| this section relating to the presentation of an inspection | 32021 |
| certificate issued under section 3704.14 of the Revised Code and | 32022 |
| rules adopted under it for a motor vehicle, the refusal of a | 32023 |
| license for failure to present an inspection certificate, and the | 32024 |
| stamping of the inspection certificate by the official issuing the | 32025 |
| certificate of registration apply to the registration of and | 32026 |
| issuance of license plates for a motor vehicle under sections | 32027 |
| 4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172, | 32028 |
| 4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46, | 32029 |
| 4503.47, and 4503.51 of the Revised Code. | 32030 |
| (2)(a) The registrar shall adopt rules ensuring that each | 32031 |
| owner registering a motor vehicle in a county where a motor | 32032 |
| vehicle inspection and maintenance program is in effect under | 32033 |
| section 3704.14 of the Revised Code and rules adopted under it | 32034 |
| receives information about the requirements established in that | 32035 |
| section and those rules and about the need in those counties to | 32036 |
| present an inspection certificate with an application for | 32037 |
| registration or preregistration. | 32038 |
| (b) Upon request, the registrar shall provide the director of | 32039 |
| environmental protection, or any person that has been awarded a | 32040 |
|
contract under | 32041 |
| Code, an on-line computer data link to registration information | 32042 |
| for all passenger cars, noncommercial motor vehicles, and | 32043 |
| commercial cars that are subject to that section. The registrar | 32044 |
| also shall provide to the director of environmental protection a | 32045 |
| magnetic data tape containing registration information regarding | 32046 |
| passenger cars, noncommercial motor vehicles, and commercial cars | 32047 |
| for which a multi-year registration is in effect under section | 32048 |
| 4503.103 of the Revised Code or rules adopted under it, including, | 32049 |
| without limitation, the date of issuance of the multi-year | 32050 |
| registration, the registration deadline established under rules | 32051 |
| adopted under section 4503.101 of the Revised Code that was | 32052 |
| applicable in the year in which the multi-year registration was | 32053 |
| issued, and the registration deadline for renewal of the | 32054 |
| multi-year registration. | 32055 |
| (J) Application for registration under the international | 32056 |
| registration plan, as set forth in sections 4503.60 to 4503.66 of | 32057 |
| the Revised Code, shall be made to the registrar on forms | 32058 |
| furnished by the registrar. In accordance with international | 32059 |
| registration plan guidelines and pursuant to rules adopted by the | 32060 |
| registrar, the forms shall include the following: | 32061 |
| (1) A uniform mileage schedule; | 32062 |
| (2) The gross vehicle weight of the vehicle or combined gross | 32063 |
| vehicle weight of the combination vehicle as declared by the | 32064 |
| registrant; | 32065 |
| (3) Any other information the registrar requires by rule. | 32066 |
| Sec. 4503.102. (A) The registrar of motor vehicles shall | 32067 |
| adopt rules to establish a centralized system of motor vehicle | 32068 |
| registration renewal by mail or by electronic means. Any person | 32069 |
| owning a motor vehicle that was registered in the person's name | 32070 |
| during the preceding registration year shall renew the | 32071 |
| registration of the motor vehicle not more than ninety days prior | 32072 |
| to the expiration date of the registration either by mail or by | 32073 |
| electronic means through the centralized system of registration | 32074 |
| established under this section, or in person at any office of the | 32075 |
| registrar or at a deputy registrar's office. | 32076 |
| (B)(1) No less than forty-five days prior to the expiration | 32077 |
| date of any motor vehicle registration, the registrar shall mail a | 32078 |
| renewal notice to the person in whose name the motor vehicle is | 32079 |
| registered. The renewal notice shall clearly state that the | 32080 |
| registration of the motor vehicle may be renewed by mail or | 32081 |
| electronic means through the centralized system of registration or | 32082 |
| in person at any office of the registrar or at a deputy | 32083 |
| registrar's office and shall be preprinted with information | 32084 |
| including, but not limited to, the owner's name and residence | 32085 |
| address as shown in the records of the bureau of motor vehicles, a | 32086 |
| brief description of the motor vehicle to be registered, notice of | 32087 |
| the license taxes and fees due on the motor vehicle, the toll-free | 32088 |
| telephone number of the registrar as required under division | 32089 |
| (D)(1) of section 4503.031 of the Revised Code, and any additional | 32090 |
| information the registrar may require by rule. The renewal notice | 32091 |
| shall be sent by regular mail to the owner's last known address as | 32092 |
| shown in the records of the bureau of motor vehicles. | 32093 |
| (2) If the application for renewal of the registration of a | 32094 |
| motor vehicle is prohibited from being accepted by the registrar | 32095 |
| or a deputy registrar by division (D) of section 2935.27, division | 32096 |
| (A) of section 2937.221, division (A) of section 4503.13, division | 32097 |
| (B) of section 4510.22, or division (B)(1) of section 4521.10 of | 32098 |
| the Revised Code, the registrar is not required to send a renewal | 32099 |
| notice to the vehicle owner or vehicle lessee. | 32100 |
| (C) The owner of the motor vehicle shall verify the | 32101 |
| information contained in the notice, sign it either manually or by | 32102 |
| electronic means, and return it, either by mail or electronic | 32103 |
| means, or the owner may take it in person to any office of the | 32104 |
| registrar or of a deputy registrar, together with a financial | 32105 |
| transaction device number, when permitted by rule of the | 32106 |
| registrar, check, or money order in the amount of the registration | 32107 |
| taxes and fees payable on the motor vehicle and a mail fee of two | 32108 |
| dollars and seventy-five cents commencing on July 1, 2001, three | 32109 |
| dollars and twenty-five cents commencing on January 1, 2003, and | 32110 |
| three dollars and fifty cents commencing on January 1, 2004, plus | 32111 |
| postage as indicated on the notice, if the registration is renewed | 32112 |
| by mail, and an inspection certificate for the motor vehicle as | 32113 |
| provided in section 3704.14 of the Revised Code. If the motor | 32114 |
| vehicle owner chooses to renew the motor vehicle registration by | 32115 |
| electronic means, the owner shall proceed in accordance with the | 32116 |
| rules the registrar adopts. | 32117 |
| (D) If all registration and transfer fees for the motor | 32118 |
| vehicle for the preceding year or the preceding period of the | 32119 |
| current registration year have not been paid, if division (D) of | 32120 |
| section 2935.27, division (A) of section 2937.221, division (A) of | 32121 |
| section 4503.13, division (B) of section 4510.22, or division | 32122 |
| (B)(1) of section 4521.10 of the Revised Code prohibits acceptance | 32123 |
| of the renewal notice, or if the owner or lessee does not have an | 32124 |
| inspection certificate for the motor vehicle as provided in | 32125 |
| section 3704.14 of the Revised Code, if that section is | 32126 |
| applicable, the license shall be refused, and the registrar or | 32127 |
| deputy registrar shall so notify the owner. This section does not | 32128 |
| require the payment of license or registration taxes on a motor | 32129 |
| vehicle for any preceding year, or for any preceding period of a | 32130 |
| year, if the motor vehicle was not taxable for that preceding year | 32131 |
| or period under section 4503.02, 4503.04, 4503.11, 4503.12, or | 32132 |
| 4503.16 or Chapter 4504. of the Revised Code. | 32133 |
| (E)(1) Failure to receive a renewal notice does not relieve a | 32134 |
| motor vehicle owner from the responsibility to renew the | 32135 |
| registration for the motor vehicle. Any person who has a motor | 32136 |
| vehicle registered in this state and who does not receive a | 32137 |
| renewal notice as provided in division (B) of this section prior | 32138 |
| to the expiration date of the registration shall request an | 32139 |
| application for registration from the registrar or a deputy | 32140 |
| registrar and sign the application manually or by electronic means | 32141 |
| and submit the application and pay any applicable license taxes | 32142 |
| and fees to the registrar or deputy registrar. | 32143 |
| (2) If the owner of a motor vehicle submits an application | 32144 |
| for registration and the registrar is prohibited by division (D) | 32145 |
| of section 2935.27, division (A) of section 2937.221, division (A) | 32146 |
| of section 4503.13, division (B) of section 4510.22, or division | 32147 |
| (B)(1) of section 4521.10 of the Revised Code from accepting the | 32148 |
| application, the registrar shall return the application and the | 32149 |
| payment to the owner. If the owner of a motor vehicle submits a | 32150 |
| registration renewal application to the registrar by electronic | 32151 |
| means and the registrar is prohibited from accepting the | 32152 |
| application as provided in this division, the registrar shall | 32153 |
| notify the owner of this fact and deny the application and return | 32154 |
| the payment or give a credit on the financial transaction device | 32155 |
| account of the owner in the manner the registrar prescribes by | 32156 |
| rule adopted pursuant to division (A) of this section. | 32157 |
| (F) Every deputy registrar shall post in a prominent place at | 32158 |
| the deputy's office a notice informing the public of the mail | 32159 |
| registration system required by this section and also shall post a | 32160 |
| notice that every owner of a motor vehicle and every chauffeur | 32161 |
| holding a certificate of registration is required to notify the | 32162 |
| registrar in writing of any change of residence within ten days | 32163 |
| after the change occurs. The notice shall be in such form as the | 32164 |
| registrar prescribes by rule. | 32165 |
| (G) The two dollars and seventy-five cents fee collected from | 32166 |
| July 1, 2001, through December 31, 2002, the three dollars and | 32167 |
| twenty-five cents fee collected from January 1, 2003, through | 32168 |
| December 31, 2003, and the three dollars and fifty cents fee | 32169 |
| collected after January 1, 2004, plus postage and any financial | 32170 |
| transaction device surcharge collected by the registrar for | 32171 |
| registration by mail, shall be paid to the credit of the state | 32172 |
| bureau of motor vehicles fund established by section 4501.25 of | 32173 |
| the Revised Code. | 32174 |
| (H)(1) Pursuant to section 113.40 of the Revised Code, the | 32175 |
| registrar may implement a program permitting payment of motor | 32176 |
| vehicle registration taxes and fees, driver's license and | 32177 |
| commercial driver's license fees, and any other taxes, fees, | 32178 |
| penalties, or charges imposed or levied by the state by means of a | 32179 |
| financial transaction device. The registrar may adopt rules as | 32180 |
| necessary for this purpose. | 32181 |
| (2) Not later than December 31, 2007, the registrar shall | 32182 |
| adopt rules to implement a program permitting payment in person at | 32183 |
| the office of a deputy registrar of all motor vehicle registration | 32184 |
| taxes and fees, driver's licenses and commercial driver's license | 32185 |
| fees, and any other taxes, fees, penalties, or charges imposed or | 32186 |
| levied by the state by means of a financial transaction device. A | 32187 |
| deputy registrar may choose, but in no case shall be required, to | 32188 |
| participate in this program. | 32189 |
| (I) For persons who reside in counties where tailpipe | 32190 |
| emissions inspections are required under the motor vehicle | 32191 |
| inspection and maintenance program, the notice required by | 32192 |
| division (B) of this section shall also include the toll-free | 32193 |
| telephone number maintained by the Ohio environmental protection | 32194 |
| agency to provide information concerning the locations of | 32195 |
| emissions testing centers. | 32196 |
| Sec. 4503.35. (A) The motor vehicles furnished by the state | 32197 |
| for use by the elective state officials, and motor vehicles owned | 32198 |
| and operated by political subdivisions of the state, are exempt | 32199 |
| from section 4503.23 of the Revised Code. | 32200 |
| (B) The | 32201 |
| 4503.23 of the Revised Code: | 32202 |
| (1) Motor vehicles operated by troopers of the state highway | 32203 |
| patrol | 32204 |
| (2) Motor vehicles operated by or on behalf of any person | 32205 |
| whose responsibilities include involvement in authorized civil or | 32206 |
| criminal investigations requiring that the presence and identity | 32207 |
| of the vehicle occupants be undisclosed | 32208 |
| 32209 |
| (3) Motor vehicles used to assist crime victims when a state | 32210 |
| agency determines that the situation warrants it. | 32211 |
| Sec. 4505.06. (A)(1) Application for a certificate of title | 32212 |
| shall be made in a form prescribed by the registrar of motor | 32213 |
| vehicles and shall be sworn to before a notary public or other | 32214 |
| officer empowered to administer oaths. The application shall be | 32215 |
| filed with the clerk of any court of common pleas. An application | 32216 |
| for a certificate of title may be filed electronically by any | 32217 |
| electronic means approved by the registrar in any county with the | 32218 |
| clerk of the court of common pleas of that county. Any payments | 32219 |
| required by this chapter shall be considered as accompanying any | 32220 |
| electronically transmitted application when payment actually is | 32221 |
| received by the clerk. Payment of any fee or taxes may be made by | 32222 |
| electronic transfer of funds. | 32223 |
| (2) The application for a certificate of title shall be | 32224 |
| accompanied by the fee prescribed in section 4505.09 of the | 32225 |
| Revised Code. The fee shall be retained by the clerk who issues | 32226 |
| the certificate of title and shall be distributed in accordance | 32227 |
| with that section. If a clerk of a court of common pleas, other | 32228 |
| than the clerk of the court of common pleas of an applicant's | 32229 |
| county of residence, issues a certificate of title to the | 32230 |
| applicant, the clerk shall transmit data related to the | 32231 |
| transaction to the automated title processing system. | 32232 |
| (3) If a certificate of title previously has been issued for | 32233 |
| a motor vehicle in this state, the application for a certificate | 32234 |
| of title also shall be accompanied by that certificate of title | 32235 |
| duly assigned, unless otherwise provided in this chapter. If a | 32236 |
| certificate of title previously has not been issued for the motor | 32237 |
| vehicle in this state, the application, unless otherwise provided | 32238 |
| in this chapter, shall be accompanied by a manufacturer's or | 32239 |
| importer's certificate or by a certificate of title of another | 32240 |
| state from which the motor vehicle was brought into this state. If | 32241 |
| the application refers to a motor vehicle last previously | 32242 |
| registered in another state, the application also shall be | 32243 |
| accompanied by the physical inspection certificate required by | 32244 |
| section 4505.061 of the Revised Code. If the application is made | 32245 |
| by two persons regarding a motor vehicle in which they wish to | 32246 |
| establish joint ownership with right of survivorship, they may do | 32247 |
| so as provided in section 2131.12 of the Revised Code. If the | 32248 |
| applicant requests a designation of the motor vehicle in | 32249 |
| beneficiary form so that upon the death of the owner of the motor | 32250 |
| vehicle, ownership of the motor vehicle will pass to a designated | 32251 |
| transfer-on-death beneficiary or beneficiaries, the applicant may | 32252 |
| do so as provided in section 2131.13 of the Revised Code. A person | 32253 |
| who establishes ownership of a motor vehicle that is transferable | 32254 |
| on death in accordance with section 2131.13 of the Revised Code | 32255 |
| may terminate that type of ownership or change the designation of | 32256 |
| the transfer-on-death beneficiary or beneficiaries by applying for | 32257 |
| a certificate of title pursuant to this section. The clerk shall | 32258 |
| retain the evidence of title presented by the applicant and on | 32259 |
| which the certificate of title is issued, except that, if an | 32260 |
| application for a certificate of title is filed electronically by | 32261 |
| an electronic motor vehicle dealer on behalf of the purchaser of a | 32262 |
| motor vehicle, the clerk shall retain the completed electronic | 32263 |
| record to which the dealer converted the certificate of title | 32264 |
| application and other required documents. The registrar, after | 32265 |
| consultation with the attorney general, shall adopt rules that | 32266 |
| govern the location at which, and the manner in which, are stored | 32267 |
| the actual application and all other documents relating to the | 32268 |
| sale of a motor vehicle when an electronic motor vehicle dealer | 32269 |
| files the application for a certificate of title electronically on | 32270 |
| behalf of the purchaser. | 32271 |
| The clerk shall use reasonable diligence in ascertaining | 32272 |
| whether or not the facts in the application for a certificate of | 32273 |
| title are true by checking the application and documents | 32274 |
| accompanying it or the electronic record to which a dealer | 32275 |
| converted the application and accompanying documents with the | 32276 |
| records of motor vehicles in the clerk's office. If the clerk is | 32277 |
| satisfied that the applicant is the owner of the motor vehicle and | 32278 |
| that the application is in the proper form, the clerk, within five | 32279 |
| business days after the application is filed and except as | 32280 |
| provided in section 4505.021 of the Revised Code, shall issue a | 32281 |
| physical certificate of title over the clerk's signature and | 32282 |
| sealed with the clerk's seal, unless the applicant specifically | 32283 |
| requests the clerk not to issue a physical certificate of title | 32284 |
| and instead to issue an electronic certificate of title. For | 32285 |
| purposes of the transfer of a certificate of title, if the clerk | 32286 |
| is satisfied that the secured party has duly discharged a lien | 32287 |
| notation but has not canceled the lien notation with a clerk, the | 32288 |
| clerk may cancel the lien notation on the automated title | 32289 |
| processing system and notify the clerk of the county of origin. | 32290 |
| (4) In the case of the sale of a motor vehicle to a general | 32291 |
| buyer or user by a dealer, by a motor vehicle leasing dealer | 32292 |
| selling the motor vehicle to the lessee or, in a case in which the | 32293 |
| leasing dealer subleased the motor vehicle, the sublessee, at the | 32294 |
| end of the lease agreement or sublease agreement, or by a | 32295 |
| manufactured home broker, the certificate of title shall be | 32296 |
| obtained in the name of the buyer by the dealer, leasing dealer, | 32297 |
| or manufactured home broker, as the case may be, upon application | 32298 |
| signed by the buyer. The certificate of title shall be issued, or | 32299 |
| the process of entering the certificate of title application | 32300 |
| information into the automated title processing system if a | 32301 |
| physical certificate of title is not to be issued shall be | 32302 |
| completed, within five business days after the application for | 32303 |
| title is filed with the clerk. If the buyer of the motor vehicle | 32304 |
| previously leased the motor vehicle and is buying the motor | 32305 |
| vehicle at the end of the lease pursuant to that lease, the | 32306 |
| certificate of title shall be obtained in the name of the buyer by | 32307 |
| the motor vehicle leasing dealer who previously leased the motor | 32308 |
| vehicle to the buyer or by the motor vehicle leasing dealer who | 32309 |
| subleased the motor vehicle to the buyer under a sublease | 32310 |
| agreement. | 32311 |
| In all other cases, except as provided in section 4505.032 | 32312 |
| and division (D)(2) of section 4505.11 of the Revised Code, such | 32313 |
| certificates shall be obtained by the buyer. | 32314 |
| (5)(a)(i) If the certificate of title is being obtained in | 32315 |
| the name of the buyer by a motor vehicle dealer or motor vehicle | 32316 |
| leasing dealer and there is a security interest to be noted on the | 32317 |
| certificate of title, the dealer or leasing dealer shall submit | 32318 |
| the application for the certificate of title and payment of the | 32319 |
| applicable tax to a clerk within seven business days after the | 32320 |
| later of the delivery of the motor vehicle to the buyer or the | 32321 |
| date the dealer or leasing dealer obtains the manufacturer's or | 32322 |
| importer's certificate, or certificate of title issued in the name | 32323 |
| of the dealer or leasing dealer, for the motor vehicle. Submission | 32324 |
| of the application for the certificate of title and payment of the | 32325 |
| applicable tax within the required seven business days may be | 32326 |
| indicated by postmark or receipt by a clerk within that period. | 32327 |
| (ii) Upon receipt of the certificate of title with the | 32328 |
| security interest noted on its face, the dealer or leasing dealer | 32329 |
| shall forward the certificate of title to the secured party at the | 32330 |
| location noted in the financing documents or otherwise specified | 32331 |
| by the secured party. | 32332 |
| (iii) A motor vehicle dealer or motor vehicle leasing dealer | 32333 |
| is liable to a secured party for a late fee of ten dollars per day | 32334 |
| for each certificate of title application and payment of the | 32335 |
| applicable tax that is submitted to a clerk more than seven | 32336 |
| business days but less than twenty-one days after the later of the | 32337 |
| delivery of the motor vehicle to the buyer or the date the dealer | 32338 |
| or leasing dealer obtains the manufacturer's or importer's | 32339 |
| certificate, or certificate of title issued in the name of the | 32340 |
| dealer or leasing dealer, for the motor vehicle and, from then on, | 32341 |
| twenty-five dollars per day until the application and applicable | 32342 |
| tax are submitted to a clerk. | 32343 |
| (b) In all cases of transfer of a motor vehicle, the | 32344 |
| application for certificate of title shall be filed within thirty | 32345 |
| days after the assignment or delivery of the motor vehicle. If an | 32346 |
| application for a certificate of title is not filed within the | 32347 |
| period specified in division (A)(5)(b) of this section, the clerk | 32348 |
| shall collect a fee of five dollars for the issuance of the | 32349 |
| certificate, except that no such fee shall be required from a | 32350 |
| motor vehicle salvage dealer, as defined in division (A) of | 32351 |
| section 4738.01 of the Revised Code, who immediately surrenders | 32352 |
| the certificate of title for cancellation. The fee shall be in | 32353 |
| addition to all other fees established by this chapter, and shall | 32354 |
| be retained by the clerk. The registrar shall provide, on the | 32355 |
| certificate of title form prescribed by section 4505.07 of the | 32356 |
| Revised Code, language necessary to give evidence of the date on | 32357 |
| which the assignment or delivery of the motor vehicle was made. | 32358 |
| (6) As used in division (A) of this section, "lease | 32359 |
| agreement," "lessee," and "sublease agreement" have the same | 32360 |
| meanings as in section 4505.04 of the Revised Code. | 32361 |
| (B)(1) The clerk, except as provided in this section, shall | 32362 |
| refuse to accept for filing any application for a certificate of | 32363 |
| title and shall refuse to issue a certificate of title unless the | 32364 |
| dealer or manufactured home broker or the applicant, in cases in | 32365 |
| which the certificate shall be obtained by the buyer, submits with | 32366 |
| the application payment of the tax levied by or pursuant to | 32367 |
| Chapters 5739. and 5741. of the Revised Code based on the | 32368 |
| purchaser's county of residence. Upon payment of the tax in | 32369 |
| accordance with division (E) of this section, the clerk shall | 32370 |
| issue a receipt prescribed by the registrar and agreed upon by the | 32371 |
| tax commissioner showing payment of the tax or a receipt issued by | 32372 |
|
the
commissioner showing the payment of the tax. | 32373 |
| 32374 | |
| 32375 | |
| 32376 |
| (2) For receiving and disbursing such taxes paid to the clerk | 32377 |
| by a resident of the clerk's county, the clerk may retain a | 32378 |
| poundage fee of one and one one-hundredth per cent, and the clerk | 32379 |
| shall pay the poundage fee into the certificate of title | 32380 |
| administration fund created by section 325.33 of the Revised Code. | 32381 |
| The clerk shall not retain a poundage fee from payments of taxes | 32382 |
| by persons who do not reside in the clerk's county. | 32383 |
| A clerk, however, may retain from the taxes paid to the clerk | 32384 |
| an amount equal to the poundage fees associated with certificates | 32385 |
| of title issued by other clerks of courts of common pleas to | 32386 |
| applicants who reside in the first clerk's county. The registrar, | 32387 |
| in consultation with the tax commissioner and the clerks of the | 32388 |
| courts of common pleas, shall develop a report from the automated | 32389 |
| title processing system that informs each clerk of the amount of | 32390 |
| the poundage fees that the clerk is permitted to retain from those | 32391 |
| taxes because of certificates of title issued by the clerks of | 32392 |
| other counties to applicants who reside in the first clerk's | 32393 |
| county. | 32394 |
| (3) In the case of casual sales of motor vehicles, as defined | 32395 |
| in section 4517.01 of the Revised Code, the price for the purpose | 32396 |
| of determining the tax shall be the purchase price on the assigned | 32397 |
| certificate of title executed by the seller and filed with the | 32398 |
| clerk by the buyer on a form to be prescribed by the registrar, | 32399 |
| which shall be prima-facie evidence of the amount for the | 32400 |
| determination of the tax. | 32401 |
| (4) Each county clerk shall forward to the treasurer of state | 32402 |
| all sales and use tax collections resulting from sales of motor | 32403 |
| vehicles, off-highway motorcycles, and all-purpose vehicles during | 32404 |
| a calendar week on or before the Friday following the close of | 32405 |
| that week. If, on any Friday, the offices of the clerk of courts | 32406 |
| or the state are not open for business, the tax shall be forwarded | 32407 |
| to the treasurer of state on or before the next day on which the | 32408 |
| offices are open. Every remittance of tax under division (B)(4) of | 32409 |
| this section shall be accompanied by a remittance report in such | 32410 |
| form as the tax commissioner prescribes. Upon receipt of a tax | 32411 |
| remittance and remittance report, the treasurer of state shall | 32412 |
| date stamp the report and forward it to the tax commissioner. If | 32413 |
| the tax due for any week is not remitted by a clerk of courts as | 32414 |
| required under division (B)(4) of this section, the commissioner | 32415 |
| may require the clerk to forfeit the poundage fees for the sales | 32416 |
| made during that week. The treasurer of state may require the | 32417 |
| clerks of courts to transmit tax collections and remittance | 32418 |
| reports electronically. | 32419 |
| (C)(1) If the transferor indicates on the certificate of | 32420 |
| title that the odometer reflects mileage in excess of the designed | 32421 |
| mechanical limit of the odometer, the clerk shall enter the phrase | 32422 |
| "exceeds mechanical limits" following the mileage designation. If | 32423 |
| the transferor indicates on the certificate of title that the | 32424 |
| odometer reading is not the actual mileage, the clerk shall enter | 32425 |
| the phrase "nonactual: warning - odometer discrepancy" following | 32426 |
| the mileage designation. The clerk shall use reasonable care in | 32427 |
| transferring the information supplied by the transferor, but is | 32428 |
| not liable for any errors or omissions of the clerk or those of | 32429 |
| the clerk's deputies in the performance of the clerk's duties | 32430 |
| created by this chapter. | 32431 |
| The registrar shall prescribe an affidavit in which the | 32432 |
| transferor shall swear to the true selling price and, except as | 32433 |
| provided in this division, the true odometer reading of the motor | 32434 |
| vehicle. The registrar may prescribe an affidavit in which the | 32435 |
| seller and buyer provide information pertaining to the odometer | 32436 |
| reading of the motor vehicle in addition to that required by this | 32437 |
| section, as such information may be required by the United States | 32438 |
| secretary of transportation by rule prescribed under authority of | 32439 |
| subchapter IV of the "Motor Vehicle Information and Cost Savings | 32440 |
| Act," 86 Stat. 961 (1972), 15 U.S.C. 1981. | 32441 |
| (2) Division (C)(1) of this section does not require the | 32442 |
| giving of information concerning the odometer and odometer reading | 32443 |
| of a motor vehicle when ownership of a motor vehicle is being | 32444 |
| transferred as a result of a bequest, under the laws of intestate | 32445 |
| succession, to a survivor pursuant to section 2106.18, 2131.12, or | 32446 |
| 4505.10 of the Revised Code, to a transfer-on-death beneficiary or | 32447 |
| beneficiaries pursuant to section 2131.13 of the Revised Code, in | 32448 |
| connection with the creation of a security interest or for a | 32449 |
| vehicle with a gross vehicle weight rating of more than sixteen | 32450 |
| thousand pounds. | 32451 |
| (D) When the transfer to the applicant was made in some other | 32452 |
| state or in interstate commerce, the clerk, except as provided in | 32453 |
| this section, shall refuse to issue any certificate of title | 32454 |
| unless the tax imposed by or pursuant to Chapter 5741. of the | 32455 |
| Revised Code based on the purchaser's county of residence has been | 32456 |
| paid as evidenced by a receipt issued by the tax commissioner, or | 32457 |
| unless the applicant submits with the application payment of the | 32458 |
| tax. Upon payment of the tax in accordance with division (E) of | 32459 |
| this section, the clerk shall issue a receipt prescribed by the | 32460 |
| registrar and agreed upon by the tax commissioner, showing payment | 32461 |
| of the tax. | 32462 |
| For receiving and disbursing such taxes paid to the clerk by | 32463 |
| a resident of the clerk's county, the clerk may retain a poundage | 32464 |
| fee of one and one one-hundredth per cent. The clerk shall not | 32465 |
| retain a poundage fee from payments of taxes by persons who do not | 32466 |
| reside in the clerk's county. | 32467 |
| A clerk, however, may retain from the taxes paid to the clerk | 32468 |
| an amount equal to the poundage fees associated with certificates | 32469 |
| of title issued by other clerks of courts of common pleas to | 32470 |
| applicants who reside in the first clerk's county. The registrar, | 32471 |
| in consultation with the tax commissioner and the clerks of the | 32472 |
| courts of common pleas, shall develop a report from the automated | 32473 |
| title processing system that informs each clerk of the amount of | 32474 |
| the poundage fees that the clerk is permitted to retain from those | 32475 |
| taxes because of certificates of title issued by the clerks of | 32476 |
| other counties to applicants who reside in the first clerk's | 32477 |
| county. | 32478 |
| When the vendor is not regularly engaged in the business of | 32479 |
| selling motor vehicles, the vendor shall not be required to | 32480 |
| purchase a vendor's license or make reports concerning those | 32481 |
| sales. | 32482 |
| (E) The clerk shall accept any payment of a tax in cash, or | 32483 |
| by cashier's check, certified check, draft, money order, or teller | 32484 |
| check issued by any insured financial institution payable to the | 32485 |
| clerk and submitted with an application for a certificate of title | 32486 |
| under division (B) or (D) of this section. The clerk also may | 32487 |
| accept payment of the tax by corporate, business, or personal | 32488 |
| check, credit card, electronic transfer or wire transfer, debit | 32489 |
| card, or any other accepted form of payment made payable to the | 32490 |
| clerk. The clerk may require bonds, guarantees, or letters of | 32491 |
| credit to ensure the collection of corporate, business, or | 32492 |
| personal checks. Any service fee charged by a third party to a | 32493 |
| clerk for the use of any form of payment may be paid by the clerk | 32494 |
| from the certificate of title administration fund created in | 32495 |
| section 325.33 of the Revised Code, or may be assessed by the | 32496 |
| clerk upon the applicant as an additional fee. Upon collection, | 32497 |
| the additional fees shall be paid by the clerk into that | 32498 |
| certificate of title administration fund. | 32499 |
| The clerk shall make a good faith effort to collect any | 32500 |
| payment of taxes due but not made because the payment was returned | 32501 |
| or dishonored, but the clerk is not personally liable for the | 32502 |
| payment of uncollected taxes or uncollected fees. The clerk shall | 32503 |
| notify the tax commissioner of any such payment of taxes that is | 32504 |
| due but not made and shall furnish the information to the | 32505 |
| commissioner that the commissioner requires. The clerk shall | 32506 |
| deduct the amount of taxes due but not paid from the clerk's | 32507 |
| periodic remittance of tax payments, in accordance with procedures | 32508 |
| agreed upon by the tax commissioner. The commissioner may collect | 32509 |
| taxes due by assessment in the manner provided in section 5739.13 | 32510 |
| of the Revised Code. | 32511 |
| Any person who presents payment that is returned or | 32512 |
| dishonored for any reason is liable to the clerk for payment of a | 32513 |
| penalty over and above the amount of the taxes due. The clerk | 32514 |
| shall determine the amount of the penalty, and the penalty shall | 32515 |
| be no greater than that amount necessary to compensate the clerk | 32516 |
| for banking charges, legal fees, or other expenses incurred by the | 32517 |
| clerk in collecting the returned or dishonored payment. The | 32518 |
| remedies and procedures provided in this section are in addition | 32519 |
| to any other available civil or criminal remedies. Subsequently | 32520 |
| collected penalties, poundage fees, and title fees, less any title | 32521 |
| fee due the state, from returned or dishonored payments collected | 32522 |
| by the clerk shall be paid into the certificate of title | 32523 |
| administration fund. Subsequently collected taxes, less poundage | 32524 |
| fees, shall be sent by the clerk to the treasurer of state at the | 32525 |
| next scheduled periodic remittance of tax payments, with | 32526 |
| information as the commissioner may require. The clerk may abate | 32527 |
| all or any part of any penalty assessed under this division. | 32528 |
| (F) In the following cases, the clerk shall accept for filing | 32529 |
| an application and shall issue a certificate of title without | 32530 |
| requiring payment or evidence of payment of the tax: | 32531 |
| (1) When the purchaser is this state or any of its political | 32532 |
| subdivisions, a church, or an organization whose purchases are | 32533 |
| exempted by section 5739.02 of the Revised Code; | 32534 |
| (2) When the transaction in this state is not a retail sale | 32535 |
| as defined by section 5739.01 of the Revised Code; | 32536 |
| (3) When the purchase is outside this state or in interstate | 32537 |
| commerce and the purpose of the purchaser is not to use, store, or | 32538 |
| consume within the meaning of section 5741.01 of the Revised Code; | 32539 |
| (4) When the purchaser is the federal government; | 32540 |
| (5) When the motor vehicle was purchased outside this state | 32541 |
| for use outside this state; | 32542 |
| (6) When the motor vehicle is purchased by a nonresident
| 32543 |
| 32544 | |
| 32545 | |
| 32546 | |
| described in division (B)(1) of section 5739.029 of the Revised | 32547 |
| Code, and upon presentation of a copy of the affidavit provided by | 32548 |
| that section, and a copy of the exemption certificate provided by | 32549 |
| section 5739.03 of the Revised Code. | 32550 |
| (G) An application, as prescribed by the registrar and agreed | 32551 |
| to by the tax commissioner, shall be filled out and sworn to by | 32552 |
| the buyer of a motor vehicle in a casual sale. The application | 32553 |
| shall contain the following notice in bold lettering: "WARNING TO | 32554 |
| TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by | 32555 |
| law to state the true selling price. A false statement is in | 32556 |
| violation of section 2921.13 of the Revised Code and is punishable | 32557 |
| by six months' imprisonment or a fine of up to one thousand | 32558 |
| dollars, or both. All transfers are audited by the department of | 32559 |
| taxation. The seller and buyer must provide any information | 32560 |
| requested by the department of taxation. The buyer may be assessed | 32561 |
| any additional tax found to be due." | 32562 |
| (H) For sales of manufactured homes or mobile homes occurring | 32563 |
| on or after January 1, 2000, the clerk shall accept for filing, | 32564 |
| pursuant to Chapter 5739. of the Revised Code, an application for | 32565 |
| a certificate of title for a manufactured home or mobile home | 32566 |
| without requiring payment of any tax pursuant to section 5739.02, | 32567 |
| 5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt | 32568 |
| issued by the tax commissioner showing payment of the tax. For | 32569 |
| sales of manufactured homes or mobile homes occurring on or after | 32570 |
| January 1, 2000, the applicant shall pay to the clerk an | 32571 |
| additional fee of five dollars for each certificate of title | 32572 |
| issued by the clerk for a manufactured or mobile home pursuant to | 32573 |
| division (H) of section 4505.11 of the Revised Code and for each | 32574 |
| certificate of title issued upon transfer of ownership of the | 32575 |
| home. The clerk shall credit the fee to the county certificate of | 32576 |
| title administration fund, and the fee shall be used to pay the | 32577 |
| expenses of archiving those certificates pursuant to division (A) | 32578 |
| of section 4505.08 and division (H)(3) of section 4505.11 of the | 32579 |
| Revised Code. The tax commissioner shall administer any tax on a | 32580 |
| manufactured or mobile home pursuant to Chapters 5739. and 5741. | 32581 |
| of the Revised Code. | 32582 |
| (I) Every clerk shall have the capability to transact by | 32583 |
| electronic means all procedures and transactions relating to the | 32584 |
| issuance of motor vehicle certificates of title that are described | 32585 |
| in the Revised Code as being accomplished by electronic means. | 32586 |
| Sec. 4513.263. (A) As used in this section and in section | 32587 |
| 4513.99 of the Revised Code: | 32588 |
| (1) "Automobile" means any commercial tractor, passenger car, | 32589 |
| commercial car, or truck that is required to be factory-equipped | 32590 |
| with an occupant restraining device for the operator or any | 32591 |
| passenger by regulations adopted by the United States secretary of | 32592 |
| transportation pursuant to the "National Traffic and Motor Vehicle | 32593 |
| Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392. | 32594 |
| (2) "Occupant restraining device" means a seat safety belt, | 32595 |
| shoulder belt, harness, or other safety device for restraining a | 32596 |
| person who is an operator of or passenger in an automobile and | 32597 |
| that satisfies the minimum federal vehicle safety standards | 32598 |
| established by the United States department of transportation. | 32599 |
| (3) "Passenger" means any person in an automobile, other than | 32600 |
| its operator, who is occupying a seating position for which an | 32601 |
| occupant restraining device is provided. | 32602 |
| (4) "Commercial tractor," "passenger car," and "commercial | 32603 |
| car" have the same meanings as in section 4501.01 of the Revised | 32604 |
| Code. | 32605 |
| (5) "Vehicle" and "motor vehicle," as used in the definitions | 32606 |
| of the terms set forth in division (A)(4) of this section, have | 32607 |
| the same meanings as in section 4511.01 of the Revised Code. | 32608 |
| (6) "Tort action" means a civil action for damages for | 32609 |
| injury, death, or loss to person or property. "Tort action" | 32610 |
| includes a product liability claim, as defined in section 2307.71 | 32611 |
| of the Revised Code, and an asbestos claim, as defined in section | 32612 |
| 2307.91 of the Revised Code, but does not include a civil action | 32613 |
| for damages for breach of contract or another agreement between | 32614 |
| persons. | 32615 |
| (B) No person shall do any of the following: | 32616 |
| (1) Operate an automobile on any street or highway unless | 32617 |
| that person is wearing all of the available elements of a properly | 32618 |
| adjusted occupant restraining device, or operate a school bus that | 32619 |
| has an occupant restraining device installed for use in its | 32620 |
| operator's seat unless that person is wearing all of the available | 32621 |
| elements of the device, as properly adjusted; | 32622 |
| (2) Operate an automobile on any street or highway unless | 32623 |
| each passenger in the automobile who is subject to the requirement | 32624 |
| set forth in division (B)(3) of this section is wearing all of the | 32625 |
| available elements of a properly adjusted occupant restraining | 32626 |
| device; | 32627 |
| (3) Occupy, as a passenger, a seating position on the front | 32628 |
| seat of an automobile being operated on any street or highway | 32629 |
| unless that person is wearing all of the available elements of a | 32630 |
| properly adjusted occupant restraining device; | 32631 |
| (4) Operate a taxicab on any street or highway unless all | 32632 |
| factory-equipped occupant restraining devices in the taxicab are | 32633 |
| maintained in usable form. | 32634 |
| (C) Division (B)(3) of this section does not apply to a | 32635 |
| person who is required by section 4511.81 of the Revised Code to | 32636 |
| be secured in a child restraint device. Division (B)(1) of this | 32637 |
| section does not apply to a person who is an employee of the | 32638 |
| United States postal service or of a newspaper home delivery | 32639 |
| service, during any period in which the person is engaged in the | 32640 |
| operation of an automobile to deliver mail or newspapers to | 32641 |
| addressees. Divisions (B)(1) and (3) of this section do not apply | 32642 |
| to a person who has an affidavit signed by a physician licensed to | 32643 |
| practice in this state under Chapter 4731. of the Revised Code or | 32644 |
| a chiropractor licensed to practice in this state under Chapter | 32645 |
| 4734. of the Revised Code that states that the person has a | 32646 |
| physical impairment that makes use of an occupant restraining | 32647 |
| device impossible or impractical. | 32648 |
| (D) Notwithstanding any provision of law to the contrary, no | 32649 |
| law enforcement officer shall cause an operator of an automobile | 32650 |
| being operated on any street or highway to stop the automobile for | 32651 |
| the sole purpose of determining whether a violation of division | 32652 |
| (B) of this section has been or is being committed or for the sole | 32653 |
| purpose of issuing a ticket, citation, or summons for a violation | 32654 |
| of that nature or causing the arrest of or commencing a | 32655 |
| prosecution of a person for a violation of that nature, and no law | 32656 |
| enforcement officer shall view the interior or visually inspect | 32657 |
| any automobile being operated on any street or highway for the | 32658 |
| sole purpose of determining whether a violation of that nature has | 32659 |
| been or is being committed. | 32660 |
| (E) All fines collected for violations of division (B) of | 32661 |
| this section, or for violations of any ordinance or resolution of | 32662 |
| a political subdivision that is substantively comparable to that | 32663 |
| division, shall be forwarded to the treasurer of state for deposit | 32664 |
| as follows: | 32665 |
| (1) Eight per cent shall be deposited into the seat belt | 32666 |
| education fund, which is hereby created in the state treasury, and | 32667 |
| shall be used by the department of public safety to establish a | 32668 |
| seat belt education program. | 32669 |
| (2) Eight per cent shall be deposited into the elementary | 32670 |
| school program fund, which is hereby created in the state | 32671 |
| treasury, and shall be used by the department of public safety to | 32672 |
| establish and administer elementary school programs that encourage | 32673 |
| seat safety belt use. | 32674 |
| (3) Two per cent shall be
deposited into the | 32675 |
| 32676 | |
| created by section
| 32677 |
| (4) Twenty-eight per cent shall be deposited into the trauma | 32678 |
| and emergency medical services fund, which is hereby created in | 32679 |
| the state treasury, and shall be used by the department of public | 32680 |
| safety for the administration of the division of emergency medical | 32681 |
| services and the state board of emergency medical services. | 32682 |
| (5) Fifty-four per cent shall be deposited into the trauma | 32683 |
| and emergency medical services grants fund, which is hereby | 32684 |
| created in the state treasury, and shall be used by the state | 32685 |
| board of emergency medical services to make grants, in accordance | 32686 |
| with section 4765.07 of the Revised Code and rules the board | 32687 |
| adopts under section 4765.11 of the Revised Code. | 32688 |
| (F)(1) Subject to division (F)(2) of this section, the | 32689 |
| failure of a person to wear all of the available elements of a | 32690 |
| properly adjusted occupant restraining device in violation of | 32691 |
| division (B)(1) or (3) of this section or the failure of a person | 32692 |
| to ensure that each minor who is a passenger of an automobile | 32693 |
| being operated by that person is wearing all of the available | 32694 |
| elements of a properly adjusted occupant restraining device in | 32695 |
| violation of division (B)(2) of this section shall not be | 32696 |
| considered or used by the trier of fact in a tort action as | 32697 |
| evidence of negligence or contributory negligence. But, the trier | 32698 |
| of fact may determine based on evidence admitted consistent with | 32699 |
| the Ohio | 32700 |
| contributed to the harm alleged in the tort action and may | 32701 |
| diminish a recovery of compensatory damages that represents | 32702 |
| noneconomic loss, as defined in section 2307.011 of the Revised | 32703 |
| Code, in a tort action that could have been recovered but for the | 32704 |
| plaintiff's failure to wear all of the available elements of a | 32705 |
| properly adjusted occupant restraining device. Evidence of that | 32706 |
| failure shall not be used as a basis for a criminal prosecution of | 32707 |
| the person other than a prosecution for a violation of this | 32708 |
| section; and shall not be admissible as evidence in a criminal | 32709 |
| action involving the person other than a prosecution for a | 32710 |
| violation of this section. | 32711 |
| (2) If, at the time of an accident involving a passenger car | 32712 |
| equipped with occupant restraining devices, any occupant of the | 32713 |
| passenger car who sustained injury or death was not wearing an | 32714 |
| available occupant restraining device, was not wearing all of the | 32715 |
| available elements of such a device, or was not wearing such a | 32716 |
| device as properly adjusted, then, consistent with the Rules of | 32717 |
| Evidence, the fact that the occupant was not wearing the available | 32718 |
| occupant restraining device, was not wearing all of the available | 32719 |
| elements of such a device, or was not wearing such a device as | 32720 |
| properly adjusted is admissible in evidence in relation to any | 32721 |
| claim for relief in a tort action to the extent that the claim for | 32722 |
| relief satisfies all of the following: | 32723 |
| (a) It seeks to recover damages for injury or death to the | 32724 |
| occupant. | 32725 |
| (b) The defendant in question is the manufacturer, designer, | 32726 |
| distributor, or seller of the passenger car. | 32727 |
| (c) The claim for relief against the defendant in question is | 32728 |
| that the injury or death sustained by the occupant was enhanced or | 32729 |
| aggravated by some design defect in the passenger car or that the | 32730 |
| passenger car was not crashworthy. | 32731 |
| (G)(1) Whoever violates division (B)(1) of this section shall | 32732 |
| be fined thirty dollars. | 32733 |
| (2) Whoever violates division (B)(3) of this section shall be | 32734 |
| fined twenty dollars. | 32735 |
| (3) Except as otherwise provided in this division, whoever | 32736 |
| violates division (B)(4) of this section is guilty of a minor | 32737 |
| misdemeanor. If the offender previously has been convicted of or | 32738 |
| pleaded guilty to a violation of division (B)(4) of this section, | 32739 |
| whoever violates division (B)(4) of this section is guilty of a | 32740 |
| misdemeanor of the third degree. | 32741 |
| Sec. 4513.35. (A) All fines collected under sections 4511.01 | 32742 |
| to 4511.78, 4511.99, and 4513.01 to 4513.37 of the Revised Code | 32743 |
| shall be paid into the county treasury and, with the exception of | 32744 |
| that portion distributed under section 3375.53 of the Revised | 32745 |
| Code, shall be placed to the credit of the fund for the | 32746 |
| maintenance and repair of the highways within that county, except | 32747 |
| that: | 32748 |
| (1) All fines for violations of division (B) of section | 32749 |
| 4513.263 shall be delivered to the treasurer of state as provided | 32750 |
| in division (E) of section 4513.263 of the Revised Code. | 32751 |
| (2) All fines collected from, or moneys arising from bonds | 32752 |
| forfeited by, persons apprehended or arrested by state highway | 32753 |
| patrolmen shall be distributed as provided in section 5503.04 of | 32754 |
| the Revised Code. | 32755 |
| (3)(a) Subject to division (E) of section 4513.263 of the | 32756 |
| Revised Code and except as otherwise provided in division | 32757 |
| (A)(3)(b) of this section, one-half of all fines collected from, | 32758 |
| and one-half of all moneys arising from bonds forfeited by, | 32759 |
| persons apprehended or arrested by a township constable or other | 32760 |
| township police officer shall be paid to the township treasury to | 32761 |
| be placed to the credit of the general fund. | 32762 |
| (b) All fines collected from, and all moneys arising from | 32763 |
| bonds forfeited by, persons apprehended or arrested by a township | 32764 |
| constable or other township police officer pursuant to division | 32765 |
| (B)(2) of section 4513.39 of the Revised Code for a violation of | 32766 |
| section 4511.21 of the Revised Code or any other law, ordinance, | 32767 |
| or regulation pertaining to speed that occurred on a highway | 32768 |
| included as part of the interstate system, as defined in section | 32769 |
| 5516.01 of the Revised Code, shall be paid into the county | 32770 |
| treasury and be credited as provided in the first paragraph of | 32771 |
| this section. | 32772 |
| (B) Notwithstanding any other provision of this section or of | 32773 |
| any other section of the Revised Code: | 32774 |
| (1) All fines collected from, and all moneys arising from | 32775 |
| bonds forfeited by, persons arrested under division (E)(1) or (2) | 32776 |
| of section 2935.03 of the Revised Code are deemed to be collected, | 32777 |
| and to arise, from arrests made within the jurisdiction in which | 32778 |
| the arresting officer is appointed, elected, or employed, for | 32779 |
| violations of one of the sections or chapters of the Revised Code | 32780 |
| listed in division (E)(1) of that section and shall be distributed | 32781 |
| accordingly. | 32782 |
| (2) All fines collected from, and all moneys arising from | 32783 |
| bonds forfeited by, persons arrested under division (E)(3) of | 32784 |
| section 2935.03 of the Revised Code are deemed to be collected, | 32785 |
| and to arise, from arrests made within the jurisdiction in which | 32786 |
| the arresting officer is appointed, elected, or employed, for | 32787 |
| violations of municipal ordinances that are substantially | 32788 |
| equivalent to one of the sections or one of the provisions of one | 32789 |
| of the chapters of the Revised Code listed in division (E)(1) of | 32790 |
| that section and for violations of one of the sections or one of | 32791 |
| the provisions of one of the chapters of the Revised Code listed | 32792 |
| in division (E)(1) of that section, and shall be distributed | 32793 |
| accordingly. | 32794 |
| Sec. 4519.55. Application for a certificate of title for an | 32795 |
| off-highway motorcycle or all-purpose vehicle shall be made upon a | 32796 |
| form prescribed by the registrar of motor vehicles and shall be | 32797 |
| sworn to before a notary public or other officer empowered to | 32798 |
| administer oaths. The application shall be filed with the clerk of | 32799 |
| any court of common pleas. An application for a certificate of | 32800 |
| title may be filed electronically by any electronic means approved | 32801 |
| by the registrar in any county with the clerk of the court of | 32802 |
| common pleas of that county. | 32803 |
| If an application for a certificate of title is filed | 32804 |
| electronically by an electronic dealer on behalf of the purchaser | 32805 |
| of an off-highway motorcycle or all-purpose vehicle, the clerk | 32806 |
| shall retain the completed electronic record to which the dealer | 32807 |
| converted the certificate of title application and other required | 32808 |
| documents. The registrar, after consultation with the attorney | 32809 |
| general, shall adopt rules that govern the location at which, and | 32810 |
| the manner in which, are stored the actual application and all | 32811 |
| other documents relating to the sale of an off-highway motorcycle | 32812 |
| or all-purpose vehicle when an electronic dealer files the | 32813 |
| application for a certificate of title electronically on behalf of | 32814 |
| the purchaser. | 32815 |
| The application shall be accompanied by the fee prescribed in | 32816 |
| section 4519.59 of the Revised Code. The fee shall be retained by | 32817 |
| the clerk who issues the certificate of title and shall be | 32818 |
| distributed in accordance with that section. If a clerk of a | 32819 |
| court of common pleas, other than the clerk of the court of common | 32820 |
| pleas of an applicant's county of residence, issues a certificate | 32821 |
| of title to the applicant, the clerk shall transmit data related | 32822 |
| to the transaction to the automated title processing system. | 32823 |
| If a certificate of title previously has been issued for an | 32824 |
| off-highway motorcycle or all-purpose vehicle, the application | 32825 |
| also shall be accompanied by the certificate of title duly | 32826 |
| assigned, unless otherwise provided in this chapter. If a | 32827 |
| certificate of title previously has not been issued for the | 32828 |
| off-highway motorcycle or all-purpose vehicle, the application, | 32829 |
| unless otherwise provided in this chapter, shall be accompanied by | 32830 |
| a manufacturer's or importer's certificate; by a sworn statement | 32831 |
| of ownership; or by a certificate of title, bill of sale, or other | 32832 |
| evidence of ownership required by law of another state from which | 32833 |
| the off-highway motorcycle or all-purpose vehicle was brought into | 32834 |
| this state. The registrar, in accordance with Chapter 119. of the | 32835 |
| Revised Code, shall prescribe the types of additional | 32836 |
| documentation sufficient to establish proof of ownership, | 32837 |
| including, but not limited to, receipts from the purchase of parts | 32838 |
| or components, photographs, and affidavits of other persons. | 32839 |
| For purposes of the transfer of a certificate of title, if | 32840 |
| the clerk is satisfied that a secured party has duly discharged a | 32841 |
| lien notation but has not canceled the lien notation with a clerk, | 32842 |
| the clerk may cancel the lien notation on the automated title | 32843 |
| processing system and notify the clerk of the county of origin. | 32844 |
| In the case of the sale of an off-highway motorcycle or | 32845 |
| all-purpose vehicle by a dealer to a general purchaser or user, | 32846 |
| the certificate of title shall be obtained in the name of the | 32847 |
| purchaser by the dealer upon application signed by the purchaser. | 32848 |
| In all other cases, the certificate shall be obtained by the | 32849 |
| purchaser. In all cases of transfer of an off-highway motorcycle | 32850 |
| or all-purpose vehicle, the application for certificate of title | 32851 |
| shall be filed within thirty days after the later of the date of | 32852 |
| purchase or assignment of ownership of the off-highway motorcycle | 32853 |
| or all-purpose vehicle. If the application for certificate of | 32854 |
| title is not filed within thirty days after the later of the date | 32855 |
| of purchase or assignment of ownership of the off-highway | 32856 |
| motorcycle or all-purpose vehicle, the clerk shall charge a late | 32857 |
| filing fee of five dollars in addition to the fee prescribed by | 32858 |
| section 4519.59 of the Revised Code. The clerk shall retain the | 32859 |
| entire amount of each late filing fee. | 32860 |
| Except in the case of an off-highway motorcycle or | 32861 |
| all-purpose vehicle purchased prior to July 1, 1999, the clerk | 32862 |
| shall refuse to accept an application for certificate of title | 32863 |
| unless the applicant either tenders with the application payment | 32864 |
| of all taxes levied by or pursuant to Chapter 5739. or 5741. of | 32865 |
| the Revised Code based on the purchaser's county of residence, or | 32866 |
| submits either of the following: | 32867 |
| (A) A receipt issued by the tax commissioner or a clerk of | 32868 |
| courts showing payment of the tax; | 32869 |
| (B) An exemption certificate, in any form prescribed by the | 32870 |
| tax commissioner, that specifies why the purchase is not subject | 32871 |
| to the tax imposed by Chapter 5739. or 5741. of the Revised Code. | 32872 |
| Payment of the tax shall be made in accordance with division | 32873 |
| (E) of section 4505.06 of the Revised Code and any rules issued by | 32874 |
|
the tax
commissioner. | 32875 |
| 32876 | |
| 32877 | |
| clerk shall issue a receipt in the form prescribed by the tax | 32878 |
| commissioner to any applicant who tenders payment of the tax with | 32879 |
| the application for a certificate of title. If the application for | 32880 |
| a certificate of title is for an off-highway motorcycle or | 32881 |
| all-purpose vehicle purchased prior to July 1, 1999, the clerk | 32882 |
| shall accept the application without payment of the taxes levied | 32883 |
| by or pursuant to Chapter 5739. or 5741. of the Revised Code or | 32884 |
| presentation of either of the items listed in division (A) or (B) | 32885 |
| of this section. | 32886 |
| For receiving and disbursing such taxes paid to the clerk by | 32887 |
| a resident of the clerk's county, the clerk may retain a poundage | 32888 |
| fee of one and one-hundredth per cent of the taxes collected, | 32889 |
| which shall be paid into the certificate of title administration | 32890 |
| fund created by section 325.33 of the Revised Code. The clerk | 32891 |
| shall not retain a poundage fee from payments of taxes by persons | 32892 |
| who do not reside in the clerk's county. | 32893 |
| A clerk, however, may retain from the taxes paid to the clerk | 32894 |
| an amount equal to the poundage fees associated with certificates | 32895 |
| of title issued by other clerks of courts of common pleas to | 32896 |
| applicants who reside in the first clerk's county. The registrar, | 32897 |
| in consultation with the tax commissioner and the clerks of the | 32898 |
| courts of common pleas, shall develop a report from the automated | 32899 |
| title processing system that informs each clerk of the amount of | 32900 |
| the poundage fees that the clerk is permitted to retain from those | 32901 |
| taxes because of certificates of title issued by the clerks of | 32902 |
| other counties to applicants who reside in the first clerk's | 32903 |
| county. | 32904 |
| In the case of casual sales of off-highway motorcycles or | 32905 |
| all-purpose vehicles that are subject to the tax imposed by | 32906 |
| Chapter 5739. or 5741. of the Revised Code, the purchase price for | 32907 |
| the purpose of determining the tax shall be the purchase price on | 32908 |
| an affidavit executed and filed with the clerk by the seller on a | 32909 |
| form to be prescribed by the registrar, which shall be prima-facie | 32910 |
| evidence of the price for the determination of the tax. | 32911 |
| In addition to the information required by section 4519.57 of | 32912 |
| the Revised Code, each certificate of title shall contain in bold | 32913 |
| lettering the following notification and statements: "WARNING TO | 32914 |
| TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by | 32915 |
| law to state the true selling price. A false statement is in | 32916 |
| violation of section 2921.13 of the Revised Code and is punishable | 32917 |
| by six months imprisonment or a fine of up to one thousand | 32918 |
| dollars, or both. All transfers are audited by the department of | 32919 |
| taxation. The seller and buyer must provide any information | 32920 |
| requested by the department of taxation. The buyer may be assessed | 32921 |
| any additional tax found to be due." | 32922 |
| The clerk shall forward all payments of taxes, less poundage | 32923 |
| fees, to the treasurer of state in a manner to be prescribed by | 32924 |
| the tax commissioner and shall furnish information to the | 32925 |
| commissioner as the commissioner may require. | 32926 |
| Every clerk shall have the capability to transact by | 32927 |
| electronic means all procedures and transactions relating to the | 32928 |
| issuance of certificates of title for off-highway motorcycles and | 32929 |
| all-purpose vehicles that are described in the Revised Code as | 32930 |
| being accomplished by electronic means. | 32931 |
| Sec. 4715.251. Each person licensed to practice as a dental | 32932 |
| hygienist and required to register with the state dental board | 32933 |
| shall, each time | 32934 |
| beginning in 1995, be currently certified to perform basic | 32935 |
| life-support procedures by having successfully completed a basic | 32936 |
| life-support training course certified by
| 32937 |
| cross | 32938 |
| equivalent by the board, the American safety and health institute. | 32939 |
| An applicant for renewal of registration shall certify on the | 32940 |
| application for renewal of registration prescribed by the board | 32941 |
| under section 4715.24 of the Revised Code
that | 32942 |
| possesses the certification required by this section. | 32943 |
| The board shall, not later than one hundred eighty days after | 32944 |
| the effective date of this amendment, determine whether basic | 32945 |
| life-support training certified by the American safety and health | 32946 |
| institute meets national standards. The board shall compare the | 32947 |
| training certified by the institute with the training certified by | 32948 |
| the American red cross and the American heart association and the | 32949 |
| training of instructors certified by the institute to the training | 32950 |
| of instructors certified by the American red cross and the | 32951 |
| American heart association. | 32952 |
| If the board determines that the training certified by the | 32953 |
| American safety and health institute meets national standards and | 32954 |
| is equivalent to the training certified by the American red cross | 32955 |
| and the American heart association, the board shall accept | 32956 |
| training certified by the American safety and health institute in | 32957 |
| fulfillment of the requirements of this section. | 32958 |
| Sec. 4717.07. (A) The board of embalmers and funeral | 32959 |
| directors shall charge and collect the following fees: | 32960 |
| (1) For the initial issuance or biennial renewal of an | 32961 |
| embalmer's or funeral director's license, one hundred forty | 32962 |
| dollars; | 32963 |
| (2) For the issuance of an embalmer or funeral director | 32964 |
| registration, twenty-five dollars; | 32965 |
| (3) For filing an embalmer or funeral director certificate of | 32966 |
| apprenticeship, ten dollars; | 32967 |
| (4) For the application to take the examination for a license | 32968 |
| to practice as an embalmer or funeral director, or to retake a | 32969 |
| section of the examination, thirty-five dollars; | 32970 |
| (5) For the initial issuance of a license to operate a | 32971 |
| funeral home, two hundred fifty dollars and biennial renewal of a | 32972 |
| license to operate a funeral home, two hundred fifty dollars; | 32973 |
| (6) For the reinstatement of a lapsed embalmer's or funeral | 32974 |
| director's license, the renewal fee prescribed in division | 32975 |
|
(A) | 32976 |
| portion of a month the license is lapsed until reinstatement; | 32977 |
| (7) For the reinstatement of a lapsed license to operate a | 32978 |
|
funeral home, the renewal fee prescribed in division (A) | 32979 |
| this section plus fifty dollars for each month or portion of a | 32980 |
| month the license is lapsed until reinstatement; | 32981 |
| (8) For the initial issuance of a license to operate an | 32982 |
| embalming facility, two hundred dollars and biennial renewal of a | 32983 |
| license to operate an embalming facility, two hundred dollars; | 32984 |
| (9) For the reinstatement of a lapsed license to operate an | 32985 |
| embalming facility, the renewal fee prescribed in division | 32986 |
|
(A) | 32987 |
| portion of a month the license is lapsed until reinstatement; | 32988 |
| (10) For the initial issuance of a license to operate a | 32989 |
| crematory facility, two hundred dollars and biennial renewal of a | 32990 |
| license to operate a crematory facility, two hundred dollars; | 32991 |
| (11) For the reinstatement of a lapsed license to operate a | 32992 |
| crematory facility, the renewal fee prescribed in division | 32993 |
|
(A) | 32994 |
| portion of a month the license is lapsed until reinstatement; | 32995 |
| (12) For the issuance of a duplicate of a license issued | 32996 |
| under this chapter, four dollars. | 32997 |
| (B) In addition to the fees set forth in division (A) of this | 32998 |
| section, an applicant shall pay the examination fee assessed by | 32999 |
| any examining agency the board uses for any section of an | 33000 |
| examination required under this chapter. | 33001 |
| (C) Subject to the approval of the controlling board, the | 33002 |
| board of embalmers and funeral directors may establish fees in | 33003 |
| excess of the amounts set forth in this section, provided that | 33004 |
| these fees do not exceed the amounts set forth in this section by | 33005 |
| more than fifty per cent. | 33006 |
| Sec. 4723.621. The medication aide advisory council created | 33007 |
| under section 4723.62 of the Revised Code shall make | 33008 |
| recommendations to the board of nursing with respect to all of the | 33009 |
| following: | 33010 |
| (A) The design and operation of the medication aide pilot | 33011 |
| program conducted under section 4723.63 of the Revised Code, | 33012 |
| including a method of collecting data through reports submitted by | 33013 |
| participating nursing homes and residential care facilities; | 33014 |
| (B) The content of the course of instruction required to | 33015 |
| obtain certification as a medication aide, including the | 33016 |
| examination to be used to evaluate the ability to administer | 33017 |
| prescription medications safely and the score that must be | 33018 |
| attained to pass the examination; | 33019 |
| (C) Whether medication aides may administer prescription | 33020 |
| medications through a gastrostomy or jejunostomy tube and the | 33021 |
| amount and type of training a medication aide needs to be | 33022 |
| adequately prepared to administer prescription medications through | 33023 |
| a gastrostomy or jejunostomy tube; | 33024 |
| (D) Protection of the health and welfare of the residents of | 33025 |
| nursing homes and residential care facilities participating in the | 33026 |
| pilot program and using medication aides pursuant to section | 33027 |
| 4723.64 of the Revised Code | 33028 |
| (E) The board's adoption of rules under section 4723.69 of | 33029 |
| the Revised Code; | 33030 |
| (F) Any other issue the council considers relevant to the use | 33031 |
| of medication aides in nursing homes and residential care | 33032 |
| facilities. | 33033 |
| Sec. 4723.63. (A) In consultation with the medication aide | 33034 |
| advisory council established under section 4723.62 of the Revised | 33035 |
| Code, the board of nursing shall conduct a pilot program for the | 33036 |
| use of medication aides in nursing homes and residential care | 33037 |
| facilities. The board shall conduct the pilot program in a manner | 33038 |
| consistent with human protection and other ethical concerns | 33039 |
| typically associated with research studies involving live | 33040 |
| subjects. The pilot program shall be commenced not later than May | 33041 |
| 1, 2006, and shall | 33042 |
| thirty-first day after the report required by division (F)(2) of | 33043 |
| this section is submitted in accordance with that division. | 33044 |
| During the period the pilot program is conducted, a nursing | 33045 |
| home or residential care facility participating in the pilot | 33046 |
| program may use one or more medication aides to administer | 33047 |
| prescription medications to its residents, subject to | 33048 |
| the following conditions: | 33049 |
| (1) Each individual used as a medication aide must hold a | 33050 |
| current, valid medication aide certificate issued by the board of | 33051 |
| nursing under this chapter. | 33052 |
| (2) The nursing home or residential care facility shall | 33053 |
| ensure that the requirements of section 4723.67 of the Revised | 33054 |
| Code are met. | 33055 |
| (3) The nursing home or residential care facility shall | 33056 |
| submit to the board, not later than the thirty-first day after the | 33057 |
| day the board makes its request under division (F)(1)(a) of this | 33058 |
| section, the data required by division (F)(1)(a) of this section. | 33059 |
| (B) The board, in consultation with the medication aide | 33060 |
| advisory council, shall do all of the following not later than | 33061 |
| February 1, 2006: | 33062 |
| (1) Design the pilot program; | 33063 |
| (2) Establish standards to govern medication aides and the | 33064 |
| nursing homes and residential care facilities participating in the | 33065 |
| pilot program, including standards for the training of medication | 33066 |
| aides and the staff of participating nursing homes and residential | 33067 |
| care facilities; | 33068 |
| (3) Establish standards to protect the health and safety of | 33069 |
| the residents of the nursing homes and residential care facilities | 33070 |
| participating in the program; | 33071 |
| (4) Implement a process for selecting the nursing homes and | 33072 |
| residential care facilities to participate in the program. | 33073 |
| (C)(1) A nursing home or residential care facility may | 33074 |
| volunteer to participate in the pilot program by submitting an | 33075 |
| application to the board on a form prescribed and provided by the | 33076 |
| board. From among the applicants, the board shall select eighty | 33077 |
| nursing homes and forty residential care facilities to participate | 33078 |
| in the pilot program. When the board denies an application, it | 33079 |
| shall notify, in writing, the president and minority leader of the | 33080 |
| senate and the speaker and minority leader of the house of | 33081 |
| representatives of the denial and the reasons for the denial. | 33082 |
| (2) To be eligible to participate, a nursing home or | 33083 |
| residential care facility shall agree to observe the standards | 33084 |
| established by the board for the use of medication aides. A | 33085 |
| nursing home is eligible to participate only if the department of | 33086 |
| health has found in the | 33087 |
| 33088 | |
| deficiencies related to the administration of medication. A | 33089 |
| residential care facility is eligible to participate only if the | 33090 |
| department has found that the facility is free from deficiencies | 33091 |
| related to the provision of skilled nursing care or the | 33092 |
| administration of medication. | 33093 |
| (D) As a condition of participation in the pilot program, a | 33094 |
| nursing home and residential care facility selected by the board | 33095 |
| shall pay the participation fee established in rules adopted under | 33096 |
| section 4723.69 of the Revised Code. The participation fee is not | 33097 |
| reimbursable under the medicaid program established under Chapter | 33098 |
| 5111. of the Revised Code. | 33099 |
| (E) On receipt of evidence found credible by the board that | 33100 |
| continued participation by a nursing home or residential care | 33101 |
| facility poses an imminent danger, risk of serious harm, or | 33102 |
| jeopardy to a resident of the home or facility, the board may | 33103 |
| terminate the authority of the home or facility to participate in | 33104 |
| the pilot program. | 33105 |
| (F)(1) With the assistance of the medication aide advisory | 33106 |
| council, the board shall conduct an evaluation of the pilot | 33107 |
| program. In conducting the evaluation, the board shall do all of | 33108 |
| the following: | 33109 |
| (a) Request from each nursing home and residential care | 33110 |
| facility participating in the pilot program, on the ninety-first | 33111 |
| day after the day the board issues a medication aide certificate | 33112 |
| under section 4723.651 of the Revised Code to the seventy-fifth | 33113 |
| individual, the data the board requires participating nursing | 33114 |
| homes and residential care facilities to report under rules the | 33115 |
| board adopts under section 4723.69 of the Revised Code. | 33116 |
| (b) Assess whether medication aides are able to administer | 33117 |
| prescription medications safely to nursing home and residential | 33118 |
| care facility residents; | 33119 |
| | 33120 |
| medication aides in nursing homes and residential care facilities; | 33121 |
| | 33122 |
| considers relevant to the evaluation. | 33123 |
| (2) Not later than | 33124 |
| day after the day the board issues a medication aide certificate | 33125 |
| under section 4723.651 of the Revised Code to the seventy-fifth | 33126 |
| individual, the board shall prepare a report of its findings and | 33127 |
| recommendations derived from the evaluation of the pilot program. | 33128 |
| The board shall submit the report to the governor, president and | 33129 |
| minority leader of the senate, speaker and minority leader of the | 33130 |
| house of representatives, and director of health. | 33131 |
| (G) The board shall, on the day it issues a medication aide | 33132 |
| certificate to the seventy-fifth individual, post a notice on its | 33133 |
| web site indicating the date on which any nursing home or | 33134 |
| residential care facility may use medication aides in accordance | 33135 |
| with section 4723.64 of the Revised Code. | 33136 |
| Sec. 4723.64. On and after | 33137 |
| following the board of nursing's submission of the report required | 33138 |
| by division (F)(2) of section 4723.63 of the Revised Code, any | 33139 |
| nursing home or residential care facility may use one or more | 33140 |
| medication aides to administer prescription medications to its | 33141 |
| residents, subject to both of the following conditions: | 33142 |
| (A) Each individual used as a medication aide must hold a | 33143 |
| current, valid medication aide certificate issued by the board of | 33144 |
| nursing under this chapter. | 33145 |
| (B) The nursing home or residential care facility shall | 33146 |
| ensure that the requirements of section 4723.67 of the Revised | 33147 |
| Code are met. | 33148 |
| Sec. 4723.65. (A) An individual seeking certification as a | 33149 |
| medication aide shall apply to the board of nursing on a form | 33150 |
| prescribed and provided by the board. If the application is | 33151 |
| submitted on or after | 33152 |
| residential care facility may initially use medication aides as | 33153 |
| specified in section 4723.64 of the Revised Code, the application | 33154 |
| shall be accompanied by the certification fee established in rules | 33155 |
| adopted under section 4723.69 of the Revised Code. | 33156 |
| (B)(1) Except as provided in division (B)(2) of this section, | 33157 |
| an applicant for a medication aide certificate shall submit a | 33158 |
| request to the bureau of criminal identification and investigation | 33159 |
| for a criminal records check. The request shall be on the form | 33160 |
| prescribed pursuant to division (C)(1) of section 109.572 of the | 33161 |
| Revised Code and shall be accompanied by a standard impression | 33162 |
| sheet to obtain fingerprints prescribed pursuant to division | 33163 |
| (C)(2) of that section. The request shall also be accompanied by | 33164 |
| the fee prescribed pursuant to division (C)(3) of section 109.572 | 33165 |
| of the Revised Code. On receipt of the completed form, the | 33166 |
| completed impression sheet, and the fee, the bureau shall conduct | 33167 |
| a criminal records check of the applicant. On completion of the | 33168 |
| criminal records check, the bureau shall send the results of the | 33169 |
| check to the board. An applicant requesting a criminal records | 33170 |
| check under this division who has not lived in this state for at | 33171 |
| least five years shall ask the superintendent of the bureau of | 33172 |
| criminal identification and investigation to also request that the | 33173 |
| federal bureau of investigation provide the superintendent with | 33174 |
| any information it has with respect to the applicant. | 33175 |
| (2) If a criminal records check of an applicant was completed | 33176 |
| pursuant to section 3721.121 of the Revised Code not more than | 33177 |
| five years prior to the date the application is submitted, the | 33178 |
| applicant may include a certified copy of the criminal records | 33179 |
| check completed pursuant to that section and is not required to | 33180 |
| comply with division (B)(1) of this section. | 33181 |
| (3) A criminal records check provided to the board in | 33182 |
| accordance with division (B)(1) or (B)(2) of this section shall | 33183 |
| not be made available to any person or for any purpose other than | 33184 |
| the following: | 33185 |
| (a) The results may be made available to any person for use | 33186 |
| in determining whether the individual who is the subject of the | 33187 |
| check should be issued a medication aide certificate. | 33188 |
| (b) The results may be made available to the person who is | 33189 |
| the subject of the check or a representative of that person. | 33190 |
| Sec. 4723.66. (A) A person or government entity seeking | 33191 |
| approval to provide a medication aide training program shall apply | 33192 |
| to the board of nursing on a form prescribed and provided by the | 33193 |
| board. If the application is submitted on or after | 33194 |
| the day any nursing home or residential care facility may | 33195 |
| initially use medication aides as specified in section 4723.64 of | 33196 |
| the Revised Code, the application shall be accompanied by the fee | 33197 |
| established in rules adopted under section 4723.69 of the Revised | 33198 |
| Code. | 33199 |
| (B) The board shall approve the applicant to provide a | 33200 |
| medication aide training program if the content of the course of | 33201 |
| instruction to be provided by the program meets the standards | 33202 |
| specified by the board in rules adopted under section 4723.69 of | 33203 |
| the Revised Code and includes all of the following: | 33204 |
| (1) At least seventy clock-hours of instruction, including | 33205 |
| both classroom instruction on medication administration and at | 33206 |
| least twenty clock-hours of supervised clinical practice in | 33207 |
| medication administration; | 33208 |
| (2) A mechanism for evaluating whether an individual's | 33209 |
| reading, writing, and mathematical skills are sufficient for the | 33210 |
| individual to be able to administer prescription medications | 33211 |
| safely; | 33212 |
| (3) An examination that tests the ability to administer | 33213 |
| prescription medications safely and that meets the requirements | 33214 |
| established by the board in rules adopted under section 4723.69 of | 33215 |
| the Revised Code. | 33216 |
| (C) The board may deny, suspend, or revoke the approval | 33217 |
| granted to the provider of a medication aide training program for | 33218 |
| reasons specified in rules adopted under section 4723.69 of the | 33219 |
| Revised Code. All actions taken by the board to deny, suspend, or | 33220 |
| revoke the approval of a training program shall be taken in | 33221 |
| accordance with Chapter 119. of the Revised Code. | 33222 |
| Sec. 4731.142. (A) Except as provided in division (B) of | 33223 |
| this section, an individual must demonstrate proficiency in spoken | 33224 |
| English, by passing an examination specified by the state medical | 33225 |
| board, to receive a certificate to practice issued under section | 33226 |
| 4731.14 of the Revised Code if the individual's eligibility for | 33227 |
| the certificate is based in part on certification from the | 33228 |
| educational commission for foreign medical graduates and | 33229 |
| fulfillment of the undergraduate requirements established by | 33230 |
| section 4731.09 of the Revised Code at an institution outside the | 33231 |
| United
States. | 33232 |
| 33233 | |
| 33234 | |
| rules specifying an acceptable examination and establishing the | 33235 |
| minimum score that demonstrates proficiency in spoken English. | 33236 |
| (B) An individual is not required to demonstrate proficiency | 33237 |
| in spoken English in accordance with division (A) of this section | 33238 |
| if the individual was required to demonstrate such proficiency as | 33239 |
| a condition of certification from the educational commission for | 33240 |
| foreign medical graduates. | 33241 |
| Sec. 4731.22. (A) The state medical board, by an affirmative | 33242 |
| vote of not fewer than six of its members, may revoke or may | 33243 |
| refuse to grant a certificate to a person found by the board to | 33244 |
| have committed fraud during the administration of the examination | 33245 |
| for a certificate to practice or to have committed fraud, | 33246 |
| misrepresentation, or deception in applying for or securing any | 33247 |
| certificate to practice or certificate of registration issued by | 33248 |
| the board. | 33249 |
| (B) The board, by an affirmative vote of not fewer than six | 33250 |
| members, shall, to the extent permitted by law, limit, revoke, or | 33251 |
| suspend an individual's certificate to practice, refuse to | 33252 |
| register an individual, refuse to reinstate a certificate, or | 33253 |
| reprimand or place on probation the holder of a certificate for | 33254 |
| one or more of the following reasons: | 33255 |
| (1) Permitting one's name or one's certificate to practice or | 33256 |
| certificate of registration to be used by a person, group, or | 33257 |
| corporation when the individual concerned is not actually | 33258 |
| directing the treatment given; | 33259 |
| (2) Failure to maintain minimal standards applicable to the | 33260 |
| selection or administration of drugs, or failure to employ | 33261 |
| acceptable scientific methods in the selection of drugs or other | 33262 |
| modalities for treatment of disease; | 33263 |
| (3) Selling, giving away, personally furnishing, prescribing, | 33264 |
| or administering drugs for other than legal and legitimate | 33265 |
| therapeutic purposes or a plea of guilty to, a judicial finding of | 33266 |
| guilt of, or a judicial finding of eligibility for intervention in | 33267 |
| lieu of conviction of, a violation of any federal or state law | 33268 |
| regulating the possession, distribution, or use of any drug; | 33269 |
| (4) Willfully betraying a professional confidence. | 33270 |
| For purposes of this division, "willfully betraying a | 33271 |
| professional confidence" does not include providing any | 33272 |
| information, documents, or reports to a child fatality review | 33273 |
| board under sections 307.621 to 307.629 of the Revised Code and | 33274 |
| does not include the making of a report of an employee's use of a | 33275 |
| drug of abuse, or a report of a condition of an employee other | 33276 |
| than one involving the use of a drug of abuse, to the employer of | 33277 |
| the employee as described in division (B) of section 2305.33 of | 33278 |
| the Revised Code. Nothing in this division affects the immunity | 33279 |
| from civil liability conferred by that section upon a physician | 33280 |
| who makes either type of report in accordance with division (B) of | 33281 |
| that section. As used in this division, "employee," "employer," | 33282 |
| and "physician" have the same meanings as in section 2305.33 of | 33283 |
| the Revised Code. | 33284 |
| (5) Making a false, fraudulent, deceptive, or misleading | 33285 |
| statement in the solicitation of or advertising for patients; in | 33286 |
| relation to the practice of medicine and surgery, osteopathic | 33287 |
| medicine and surgery, podiatric medicine and surgery, or a limited | 33288 |
| branch of medicine; or in securing or attempting to secure any | 33289 |
| certificate to practice or certificate of registration issued by | 33290 |
| the board. | 33291 |
| As used in this division, "false, fraudulent, deceptive, or | 33292 |
| misleading statement" means a statement that includes a | 33293 |
| misrepresentation of fact, is likely to mislead or deceive because | 33294 |
| of a failure to disclose material facts, is intended or is likely | 33295 |
| to create false or unjustified expectations of favorable results, | 33296 |
| or includes representations or implications that in reasonable | 33297 |
| probability will cause an ordinarily prudent person to | 33298 |
| misunderstand or be deceived. | 33299 |
| (6) A departure from, or the failure to conform to, minimal | 33300 |
| standards of care of similar practitioners under the same or | 33301 |
| similar circumstances, whether or not actual injury to a patient | 33302 |
| is established; | 33303 |
| (7) Representing, with the purpose of obtaining compensation | 33304 |
| or other advantage as personal gain or for any other person, that | 33305 |
| an incurable disease or injury, or other incurable condition, can | 33306 |
| be permanently cured; | 33307 |
| (8) The obtaining of, or attempting to obtain, money or | 33308 |
| anything of value by fraudulent misrepresentations in the course | 33309 |
| of practice; | 33310 |
| (9) A plea of guilty to, a judicial finding of guilt of, or a | 33311 |
| judicial finding of eligibility for intervention in lieu of | 33312 |
| conviction for, a felony; | 33313 |
| (10) Commission of an act that constitutes a felony in this | 33314 |
| state, regardless of the jurisdiction in which the act was | 33315 |
| committed; | 33316 |
| (11) A plea of guilty to, a judicial finding of guilt of, or | 33317 |
| a judicial finding of eligibility for intervention in lieu of | 33318 |
| conviction for, a misdemeanor committed in the course of practice; | 33319 |
| (12) Commission of an act in the course of practice that | 33320 |
| constitutes a misdemeanor in this state, regardless of the | 33321 |
| jurisdiction in which the act was committed; | 33322 |
| (13) A plea of guilty to, a judicial finding of guilt of, or | 33323 |
| a judicial finding of eligibility for intervention in lieu of | 33324 |
| conviction for, a misdemeanor involving moral turpitude; | 33325 |
| (14) Commission of an act involving moral turpitude that | 33326 |
| constitutes a misdemeanor in this state, regardless of the | 33327 |
| jurisdiction in which the act was committed; | 33328 |
| (15) Violation of the conditions of limitation placed by the | 33329 |
| board upon a certificate to practice; | 33330 |
| (16) Failure to pay license renewal fees specified in this | 33331 |
| chapter; | 33332 |
| (17) Except as authorized in section 4731.31 of the Revised | 33333 |
| Code, engaging in the division of fees for referral of patients, | 33334 |
| or the receiving of a thing of value in return for a specific | 33335 |
| referral of a patient to utilize a particular service or business; | 33336 |
| (18) Subject to section 4731.226 of the Revised Code, | 33337 |
| violation of any provision of a code of ethics of the American | 33338 |
| medical association, the American osteopathic association, the | 33339 |
| American podiatric medical association, or any other national | 33340 |
| professional organizations that the board specifies by rule. The | 33341 |
| state medical board shall obtain and keep on file current copies | 33342 |
| of the codes of ethics of the various national professional | 33343 |
| organizations. The individual whose certificate is being suspended | 33344 |
| or revoked shall not be found to have violated any provision of a | 33345 |
| code of ethics of an organization not appropriate to the | 33346 |
| individual's profession. | 33347 |
| For purposes of this division, a "provision of a code of | 33348 |
| ethics of a national professional organization" does not include | 33349 |
| any provision that would preclude the making of a report by a | 33350 |
| physician of an employee's use of a drug of abuse, or of a | 33351 |
| condition of an employee other than one involving the use of a | 33352 |
| drug of abuse, to the employer of the employee as described in | 33353 |
| division (B) of section 2305.33 of the Revised Code. Nothing in | 33354 |
| this division affects the immunity from civil liability conferred | 33355 |
| by that section upon a physician who makes either type of report | 33356 |
| in accordance with division (B) of that section. As used in this | 33357 |
| division, "employee," "employer," and "physician" have the same | 33358 |
| meanings as in section 2305.33 of the Revised Code. | 33359 |
| (19) Inability to practice according to acceptable and | 33360 |
| prevailing standards of care by reason of mental illness or | 33361 |
| physical illness, including, but not limited to, physical | 33362 |
| deterioration that adversely affects cognitive, motor, or | 33363 |
| perceptive skills. | 33364 |
| In enforcing this division, the board, upon a showing of a | 33365 |
| possible violation, may compel any individual authorized to | 33366 |
| practice by this chapter or who has submitted an application | 33367 |
| pursuant to this chapter to submit to a mental examination, | 33368 |
| physical examination, including an HIV test, or both a mental and | 33369 |
| a physical examination. The expense of the examination is the | 33370 |
| responsibility of the individual compelled to be examined. Failure | 33371 |
| to submit to a mental or physical examination or consent to an HIV | 33372 |
| test ordered by the board constitutes an admission of the | 33373 |
| allegations against the individual unless the failure is due to | 33374 |
| circumstances beyond the individual's control, and a default and | 33375 |
| final order may be entered without the taking of testimony or | 33376 |
| presentation of evidence. If the board finds an individual unable | 33377 |
| to practice because of the reasons set forth in this division, the | 33378 |
| board shall require the individual to submit to care, counseling, | 33379 |
| or treatment by physicians approved or designated by the board, as | 33380 |
| a condition for initial, continued, reinstated, or renewed | 33381 |
| authority to practice. An individual affected under this division | 33382 |
| shall be afforded an opportunity to demonstrate to the board the | 33383 |
| ability to resume practice in compliance with acceptable and | 33384 |
| prevailing standards under the provisions of the individual's | 33385 |
| certificate. For the purpose of this division, any individual who | 33386 |
| applies for or receives a certificate to practice under this | 33387 |
| chapter accepts the privilege of practicing in this state and, by | 33388 |
| so doing, shall be deemed to have given consent to submit to a | 33389 |
| mental or physical examination when directed to do so in writing | 33390 |
| by the board, and to have waived all objections to the | 33391 |
| admissibility of testimony or examination reports that constitute | 33392 |
| a privileged communication. | 33393 |
| (20) Except when civil penalties are imposed under section | 33394 |
| 4731.225 or 4731.281 of the Revised Code, and subject to section | 33395 |
| 4731.226 of the Revised Code, violating or attempting to violate, | 33396 |
| directly or indirectly, or assisting in or abetting the violation | 33397 |
| of, or conspiring to violate, any provisions of this chapter or | 33398 |
| any rule promulgated by the board. | 33399 |
| This division does not apply to a violation or attempted | 33400 |
| violation of, assisting in or abetting the violation of, or a | 33401 |
| conspiracy to violate, any provision of this chapter or any rule | 33402 |
| adopted by the board that would preclude the making of a report by | 33403 |
| a physician of an employee's use of a drug of abuse, or of a | 33404 |
| condition of an employee other than one involving the use of a | 33405 |
| drug of abuse, to the employer of the employee as described in | 33406 |
| division (B) of section 2305.33 of the Revised Code. Nothing in | 33407 |
| this division affects the immunity from civil liability conferred | 33408 |
| by that section upon a physician who makes either type of report | 33409 |
| in accordance with division (B) of that section. As used in this | 33410 |
| division, "employee," "employer," and "physician" have the same | 33411 |
| meanings as in section 2305.33 of the Revised Code. | 33412 |
| (21) The violation of section 3701.79 of the Revised Code or | 33413 |
| of any abortion rule adopted by the public health council pursuant | 33414 |
| to section 3701.341 of the Revised Code; | 33415 |
| (22) Any of the following actions taken by the agency | 33416 |
| responsible for regulating the practice of medicine and surgery, | 33417 |
| osteopathic medicine and surgery, podiatric medicine and surgery, | 33418 |
| or the limited branches of medicine in another jurisdiction, for | 33419 |
| any reason other than the nonpayment of fees: the limitation, | 33420 |
| revocation, or suspension of an individual's license to practice; | 33421 |
| acceptance of an individual's license surrender; denial of a | 33422 |
| license; refusal to renew or reinstate a license; imposition of | 33423 |
| probation; or issuance of an order of censure or other reprimand; | 33424 |
| (23) The violation of section 2919.12 of the Revised Code or | 33425 |
| the performance or inducement of an abortion upon a pregnant woman | 33426 |
| with actual knowledge that the conditions specified in division | 33427 |
| (B) of section 2317.56 of the Revised Code have not been satisfied | 33428 |
| or with a heedless indifference as to whether those conditions | 33429 |
| have been satisfied, unless an affirmative defense as specified in | 33430 |
| division (H)(2) of that section would apply in a civil action | 33431 |
| authorized by division (H)(1) of that section; | 33432 |
| (24) The revocation, suspension, restriction, reduction, or | 33433 |
| termination of clinical privileges by the United States department | 33434 |
| of defense or department of veterans affairs or the termination or | 33435 |
| suspension of a certificate of registration to prescribe drugs by | 33436 |
| the drug enforcement administration of the United States | 33437 |
| department of justice; | 33438 |
| (25) Termination or suspension from participation in the | 33439 |
| medicare or medicaid programs by the department of health and | 33440 |
| human services or other responsible agency for any act or acts | 33441 |
| that also would constitute a violation of division (B)(2), (3), | 33442 |
| (6), (8), or (19) of this section; | 33443 |
| (26) Impairment of ability to practice according to | 33444 |
| acceptable and prevailing standards of care because of habitual or | 33445 |
| excessive use or abuse of drugs, alcohol, or other substances that | 33446 |
| impair ability to practice. | 33447 |
| For the purposes of this division, any individual authorized | 33448 |
| to practice by this chapter accepts the privilege of practicing in | 33449 |
| this state subject to supervision by the board. By filing an | 33450 |
| application for or holding a certificate to practice under this | 33451 |
| chapter, an individual shall be deemed to have given consent to | 33452 |
| submit to a mental or physical examination when ordered to do so | 33453 |
| by the board in writing, and to have waived all objections to the | 33454 |
| admissibility of testimony or examination reports that constitute | 33455 |
| privileged communications. | 33456 |
| If it has reason to believe that any individual authorized to | 33457 |
| practice by this chapter or any applicant for certification to | 33458 |
| practice suffers such impairment, the board may compel the | 33459 |
| individual to submit to a mental or physical examination, or both. | 33460 |
| The expense of the examination is the responsibility of the | 33461 |
| individual compelled to be examined. Any mental or physical | 33462 |
| examination required under this division shall be undertaken by a | 33463 |
| treatment provider or physician who is qualified to conduct the | 33464 |
| examination and who is chosen by the board. | 33465 |
| Failure to submit to a mental or physical examination ordered | 33466 |
| by the board constitutes an admission of the allegations against | 33467 |
| the individual unless the failure is due to circumstances beyond | 33468 |
| the individual's control, and a default and final order may be | 33469 |
| entered without the taking of testimony or presentation of | 33470 |
| evidence. If the board determines that the individual's ability to | 33471 |
| practice is impaired, the board shall suspend the individual's | 33472 |
| certificate or deny the individual's application and shall require | 33473 |
| the individual, as a condition for initial, continued, reinstated, | 33474 |
| or renewed certification to practice, to submit to treatment. | 33475 |
| Before being eligible to apply for reinstatement of a | 33476 |
| certificate suspended under this division, the impaired | 33477 |
| practitioner shall demonstrate to the board the ability to resume | 33478 |
| practice in compliance with acceptable and prevailing standards of | 33479 |
| care under the provisions of the practitioner's certificate. The | 33480 |
| demonstration shall include, but shall not be limited to, the | 33481 |
| following: | 33482 |
| (a) Certification from a treatment provider approved under | 33483 |
| section 4731.25 of the Revised Code that the individual has | 33484 |
| successfully completed any required inpatient treatment; | 33485 |
| (b) Evidence of continuing full compliance with an aftercare | 33486 |
| contract or consent agreement; | 33487 |
| (c) Two written reports indicating that the individual's | 33488 |
| ability to practice has been assessed and that the individual has | 33489 |
| been found capable of practicing according to acceptable and | 33490 |
| prevailing standards of care. The reports shall be made by | 33491 |
| individuals or providers approved by the board for making the | 33492 |
| assessments and shall describe the basis for their determination. | 33493 |
| The board may reinstate a certificate suspended under this | 33494 |
| division after that demonstration and after the individual has | 33495 |
| entered into a written consent agreement. | 33496 |
| When the impaired practitioner resumes practice, the board | 33497 |
| shall require continued monitoring of the individual. The | 33498 |
| monitoring shall include, but not be limited to, compliance with | 33499 |
| the written consent agreement entered into before reinstatement or | 33500 |
| with conditions imposed by board order after a hearing, and, upon | 33501 |
| termination of the consent agreement, submission to the board for | 33502 |
| at least two years of annual written progress reports made under | 33503 |
| penalty of perjury stating whether the individual has maintained | 33504 |
| sobriety. | 33505 |
| (27) A second or subsequent violation of section 4731.66 or | 33506 |
| 4731.69 of the Revised Code; | 33507 |
| (28) Except as provided in division (N) of this section: | 33508 |
| (a) Waiving the payment of all or any part of a deductible or | 33509 |
| copayment that a patient, pursuant to a health insurance or health | 33510 |
| care policy, contract, or plan that covers the individual's | 33511 |
| services, otherwise would be required to pay if the waiver is used | 33512 |
| as an enticement to a patient or group of patients to receive | 33513 |
| health care services from that individual; | 33514 |
| (b) Advertising that the individual will waive the payment of | 33515 |
| all or any part of a deductible or copayment that a patient, | 33516 |
| pursuant to a health insurance or health care policy, contract, or | 33517 |
| plan that covers the individual's services, otherwise would be | 33518 |
| required to pay. | 33519 |
| (29) Failure to use universal blood and body fluid | 33520 |
| precautions established by rules adopted under section 4731.051 of | 33521 |
| the Revised Code; | 33522 |
| (30) Failure to provide notice to, and receive acknowledgment | 33523 |
| of the notice from, a patient when required by section 4731.143 of | 33524 |
| the Revised Code prior to providing nonemergency professional | 33525 |
| services, or failure to maintain that notice in the patient's | 33526 |
| file; | 33527 |
| (31) Failure of a physician supervising a physician assistant | 33528 |
| to maintain supervision in accordance with the requirements of | 33529 |
| Chapter 4730. of the Revised Code and the rules adopted under that | 33530 |
| chapter; | 33531 |
| (32) Failure of a physician or podiatrist to enter into a | 33532 |
| standard care arrangement with a clinical nurse specialist, | 33533 |
| certified nurse-midwife, or certified nurse practitioner with whom | 33534 |
| the physician or podiatrist is in collaboration pursuant to | 33535 |
| section 4731.27 of the Revised Code or failure to fulfill the | 33536 |
| responsibilities of collaboration after entering into a standard | 33537 |
| care arrangement; | 33538 |
| (33) Failure to comply with the terms of a consult agreement | 33539 |
| entered into with a pharmacist pursuant to section 4729.39 of the | 33540 |
| Revised Code; | 33541 |
| (34) Failure to cooperate in an investigation conducted by | 33542 |
| the board under division (F) of this section, including failure to | 33543 |
| comply with a subpoena or order issued by the board or failure to | 33544 |
| answer truthfully a question presented by the board at a | 33545 |
| deposition or in written interrogatories, except that failure to | 33546 |
| cooperate with an investigation shall not constitute grounds for | 33547 |
| discipline under this section if a court of competent jurisdiction | 33548 |
| has issued an order that either quashes a subpoena or permits the | 33549 |
| individual to withhold the testimony or evidence in issue; | 33550 |
| (35) Failure to supervise an acupuncturist in accordance with | 33551 |
| Chapter 4762. of the Revised Code and the board's rules for | 33552 |
| supervision of an acupuncturist; | 33553 |
| (36) Failure to supervise an anesthesiologist assistant in | 33554 |
| accordance with Chapter 4760. of the Revised Code and the board's | 33555 |
| rules for supervision of an anesthesiologist assistant; | 33556 |
| (37) Assisting suicide as defined in section 3795.01 of the | 33557 |
| Revised Code. | 33558 |
| (C) Disciplinary actions taken by the board under divisions | 33559 |
| (A) and (B) of this section shall be taken pursuant to an | 33560 |
| adjudication under Chapter 119. of the Revised Code, except that | 33561 |
| in lieu of an adjudication, the board may enter into a consent | 33562 |
| agreement with an individual to resolve an allegation of a | 33563 |
| violation of this chapter or any rule adopted under it. A consent | 33564 |
| agreement, when ratified by an affirmative vote of not fewer than | 33565 |
| six members of the board, shall constitute the findings and order | 33566 |
| of the board with respect to the matter addressed in the | 33567 |
| agreement. If the board refuses to ratify a consent agreement, the | 33568 |
| admissions and findings contained in the consent agreement shall | 33569 |
| be of no force or effect. | 33570 |
| If the board takes disciplinary action against an individual | 33571 |
| under division (B) of this section for a second or subsequent plea | 33572 |
| of guilty to, or judicial finding of guilt of, a violation of | 33573 |
| section 2919.123 of the Revised Code, the disciplinary action | 33574 |
| shall consist of a suspension of the individual's certificate to | 33575 |
| practice for a period of at least one year or, if determined | 33576 |
| appropriate by the board, a more serious sanction involving the | 33577 |
| individual's certificate to practice. Any consent agreement | 33578 |
| entered into under this division with an individual that pertains | 33579 |
| to a second or subsequent plea of guilty to, or judicial finding | 33580 |
| of guilt of, a violation of that section shall provide for a | 33581 |
| suspension of the individual's certificate to practice for a | 33582 |
| period of at least one year or, if determined appropriate by the | 33583 |
| board, a more serious sanction involving the individual's | 33584 |
| certificate to practice. | 33585 |
| (D) For purposes of divisions (B)(10), (12), and (14) of this | 33586 |
| section, the commission of the act may be established by a finding | 33587 |
| by the board, pursuant to an adjudication under Chapter 119. of | 33588 |
| the Revised Code, that the individual committed the act. The board | 33589 |
| does not have jurisdiction under those divisions if the trial | 33590 |
| court renders a final judgment in the individual's favor and that | 33591 |
| judgment is based upon an adjudication on the merits. The board | 33592 |
| has jurisdiction under those divisions if the trial court issues | 33593 |
| an order of dismissal upon technical or procedural grounds. | 33594 |
| (E) The sealing of conviction records by any court shall have | 33595 |
| no effect upon a prior board order entered under this section or | 33596 |
| upon the board's jurisdiction to take action under this section | 33597 |
| if, based upon a plea of guilty, a judicial finding of guilt, or a | 33598 |
| judicial finding of eligibility for intervention in lieu of | 33599 |
| conviction, the board issued a notice of opportunity for a hearing | 33600 |
| prior to the court's order to seal the records. The board shall | 33601 |
| not be required to seal, destroy, redact, or otherwise modify its | 33602 |
| records to reflect the court's sealing of conviction records. | 33603 |
| (F)(1) The board shall investigate evidence that appears to | 33604 |
| show that a person has violated any provision of this chapter or | 33605 |
| any rule adopted under it. Any person may report to the board in a | 33606 |
| signed writing any information that the person may have that | 33607 |
| appears to show a violation of any provision of this chapter or | 33608 |
| any rule adopted under it. In the absence of bad faith, any person | 33609 |
| who reports information of that nature or who testifies before the | 33610 |
| board in any adjudication conducted under Chapter 119. of the | 33611 |
| Revised Code shall not be liable in damages in a civil action as a | 33612 |
| result of the report or testimony. Each complaint or allegation of | 33613 |
| a violation received by the board shall be assigned a case number | 33614 |
| and shall be recorded by the board. | 33615 |
| (2) Investigations of alleged violations of this chapter or | 33616 |
| any rule adopted under it shall be supervised by the supervising | 33617 |
| member elected by the board in accordance with section 4731.02 of | 33618 |
| the Revised Code and by the secretary as provided in section | 33619 |
| 4731.39 of the Revised Code. The president may designate another | 33620 |
| member of the board to supervise the investigation in place of the | 33621 |
| supervising member. No member of the board who supervises the | 33622 |
| investigation of a case shall participate in further adjudication | 33623 |
| of the case. | 33624 |
| (3) In investigating a possible violation of this chapter or | 33625 |
| any rule adopted under this chapter, the board may administer | 33626 |
| oaths, order the taking of depositions, issue subpoenas, and | 33627 |
| compel the attendance of witnesses and production of books, | 33628 |
| accounts, papers, records, documents, and testimony, except that a | 33629 |
| subpoena for patient record information shall not be issued | 33630 |
| without consultation with the attorney general's office and | 33631 |
| approval of the secretary and supervising member of the board. | 33632 |
| Before issuance of a subpoena for patient record information, the | 33633 |
| secretary and supervising member shall determine whether there is | 33634 |
| probable cause to believe that the complaint filed alleges a | 33635 |
| violation of this chapter or any rule adopted under it and that | 33636 |
| the records sought are relevant to the alleged violation and | 33637 |
| material to the investigation. The subpoena may apply only to | 33638 |
| records that cover a reasonable period of time surrounding the | 33639 |
| alleged violation. | 33640 |
| On failure to comply with any subpoena issued by the board | 33641 |
| and after reasonable notice to the person being subpoenaed, the | 33642 |
| board may move for an order compelling the production of persons | 33643 |
| or records pursuant to the Rules of Civil Procedure. | 33644 |
| A subpoena issued by the board may be served by a sheriff, | 33645 |
| the sheriff's deputy, or a board employee designated by the board. | 33646 |
| Service of a subpoena issued by the board may be made by | 33647 |
| delivering a copy of the subpoena to the person named therein, | 33648 |
| reading it to the person, or leaving it at the person's usual | 33649 |
| place of residence. When the person being served is a person whose | 33650 |
| practice is authorized by this chapter, service of the subpoena | 33651 |
| may be made by certified mail, restricted delivery, return receipt | 33652 |
| requested, and the subpoena shall be deemed served on the date | 33653 |
| delivery is made or the date the person refuses to accept | 33654 |
| delivery. | 33655 |
| A sheriff's deputy who serves a subpoena shall receive the | 33656 |
| same fees as a sheriff. Each witness who appears before the board | 33657 |
| in obedience to a subpoena shall receive the fees and mileage | 33658 |
| provided for witnesses in civil cases in the courts of common | 33659 |
| pleas. | 33660 |
| (4) All hearings and investigations of the board shall be | 33661 |
| considered civil actions for the purposes of section 2305.252 of | 33662 |
| the Revised Code. | 33663 |
| (5) Information received by the board pursuant to an | 33664 |
| investigation is confidential and not subject to discovery in any | 33665 |
| civil action. | 33666 |
| The board shall conduct all investigations and proceedings in | 33667 |
| a manner that protects the confidentiality of patients and persons | 33668 |
| who file complaints with the board. The board shall not make | 33669 |
| public the names or any other identifying information about | 33670 |
| patients or complainants unless proper consent is given or, in the | 33671 |
| case of a patient, a waiver of the patient privilege exists under | 33672 |
| division (B) of section 2317.02 of the Revised Code, except that | 33673 |
| consent or a waiver of that nature is not required if the board | 33674 |
| possesses reliable and substantial evidence that no bona fide | 33675 |
| physician-patient relationship exists. | 33676 |
| The board may share any information it receives pursuant to | 33677 |
| an investigation, including patient records and patient record | 33678 |
| information, with law enforcement agencies, other licensing | 33679 |
| boards, and other governmental agencies that are prosecuting, | 33680 |
| adjudicating, or investigating alleged violations of statutes or | 33681 |
| administrative rules. An agency or board that receives the | 33682 |
| information shall comply with the same requirements regarding | 33683 |
| confidentiality as those with which the state medical board must | 33684 |
| comply, notwithstanding any conflicting provision of the Revised | 33685 |
| Code or procedure of the agency or board that applies when it is | 33686 |
| dealing with other information in its possession. In a judicial | 33687 |
| proceeding, the information may be admitted into evidence only in | 33688 |
| accordance with the Rules of Evidence, but the court shall require | 33689 |
| that appropriate measures are taken to ensure that confidentiality | 33690 |
| is maintained with respect to any part of the information that | 33691 |
| contains names or other identifying information about patients or | 33692 |
| complainants whose confidentiality was protected by the state | 33693 |
| medical board when the information was in the board's possession. | 33694 |
| Measures to ensure confidentiality that may be taken by the court | 33695 |
| include sealing its records or deleting specific information from | 33696 |
| its records. | 33697 |
| (6) On a quarterly basis, the board shall prepare a report | 33698 |
| that documents the disposition of all cases during the preceding | 33699 |
| three months. The report shall contain the following information | 33700 |
| for each case with which the board has completed its activities: | 33701 |
| (a) The case number assigned to the complaint or alleged | 33702 |
| violation; | 33703 |
| (b) The type of certificate to practice, if any, held by the | 33704 |
| individual against whom the complaint is directed; | 33705 |
| (c) A description of the allegations contained in the | 33706 |
| complaint; | 33707 |
| (d) The disposition of the case. | 33708 |
| The report shall state how many cases are still pending and | 33709 |
| shall be prepared in a manner that protects the identity of each | 33710 |
| person involved in each case. The report shall be a public record | 33711 |
| under section 149.43 of the Revised Code. | 33712 |
| (G) If the secretary and supervising member determine that | 33713 |
| there is clear and convincing evidence that an individual has | 33714 |
| violated division (B) of this section and that the individual's | 33715 |
| continued practice presents a danger of immediate and serious harm | 33716 |
| to the public, they may recommend that the board suspend the | 33717 |
| individual's certificate to practice without a prior hearing. | 33718 |
| Written allegations shall be prepared for consideration by the | 33719 |
| board. | 33720 |
| The board, upon review of those allegations and by an | 33721 |
| affirmative vote of not fewer than six of its members, excluding | 33722 |
| the secretary and supervising member, may suspend a certificate | 33723 |
| without a prior hearing. A telephone conference call may be | 33724 |
| utilized for reviewing the allegations and taking the vote on the | 33725 |
| summary suspension. | 33726 |
| The board shall issue a written order of suspension by | 33727 |
| certified mail or in person in accordance with section 119.07 of | 33728 |
| the Revised Code. The order shall not be subject to suspension by | 33729 |
| the court during pendency of any appeal filed under section 119.12 | 33730 |
| of the Revised Code. If the individual subject to the summary | 33731 |
| suspension requests an adjudicatory hearing by the board, the date | 33732 |
| set for the hearing shall be within fifteen days, but not earlier | 33733 |
| than seven days, after the individual requests the hearing, unless | 33734 |
| otherwise agreed to by both the board and the individual. | 33735 |
| Any summary suspension imposed under this division shall | 33736 |
| remain in effect, unless reversed on appeal, until a final | 33737 |
| adjudicative order issued by the board pursuant to this section | 33738 |
| and Chapter 119. of the Revised Code becomes effective. The board | 33739 |
|
shall issue its final adjudicative order within | 33740 |
| days after completion of its hearing. A failure to issue the order | 33741 |
|
within
| 33742 |
| summary suspension order but shall not invalidate any subsequent, | 33743 |
| final adjudicative order. | 33744 |
| (H) If the board takes action under division (B)(9), (11), or | 33745 |
| (13) of this section and the judicial finding of guilt, guilty | 33746 |
| plea, or judicial finding of eligibility for intervention in lieu | 33747 |
| of conviction is overturned on appeal, upon exhaustion of the | 33748 |
| criminal appeal, a petition for reconsideration of the order may | 33749 |
| be filed with the board along with appropriate court documents. | 33750 |
| Upon receipt of a petition of that nature and supporting court | 33751 |
| documents, the board shall reinstate the individual's certificate | 33752 |
| to practice. The board may then hold an adjudication under Chapter | 33753 |
| 119. of the Revised Code to determine whether the individual | 33754 |
| committed the act in question. Notice of an opportunity for a | 33755 |
| hearing shall be given in accordance with Chapter 119. of the | 33756 |
| Revised Code. If the board finds, pursuant to an adjudication held | 33757 |
| under this division, that the individual committed the act or if | 33758 |
| no hearing is requested, the board may order any of the sanctions | 33759 |
| identified under division (B) of this section. | 33760 |
| (I) The certificate to practice issued to an individual under | 33761 |
| this chapter and the individual's practice in this state are | 33762 |
| automatically suspended as of the date of the individual's second | 33763 |
| or subsequent plea of guilty to, or judicial finding of guilt of, | 33764 |
| a violation of section 2919.123 of the Revised Code, or the date | 33765 |
| the individual pleads guilty to, is found by a judge or jury to be | 33766 |
| guilty of, or is subject to a judicial finding of eligibility for | 33767 |
| intervention in lieu of conviction in this state or treatment or | 33768 |
| intervention in lieu of conviction in another jurisdiction for any | 33769 |
| of the following criminal offenses in this state or a | 33770 |
| substantially equivalent criminal offense in another jurisdiction: | 33771 |
| aggravated murder, murder, voluntary manslaughter, felonious | 33772 |
| assault, kidnapping, rape, sexual battery, gross sexual | 33773 |
| imposition, aggravated arson, aggravated robbery, or aggravated | 33774 |
| burglary. Continued practice after suspension shall be considered | 33775 |
| practicing without a certificate. | 33776 |
| The board shall notify the individual subject to the | 33777 |
| suspension by certified mail or in person in accordance with | 33778 |
| section 119.07 of the Revised Code. If an individual whose | 33779 |
| certificate is automatically suspended under this division fails | 33780 |
| to make a timely request for an adjudication under Chapter 119. of | 33781 |
| the Revised Code, the board shall do whichever of the following is | 33782 |
| applicable: | 33783 |
| (1) If the automatic suspension under this division is for a | 33784 |
| second or subsequent plea of guilty to, or judicial finding of | 33785 |
| guilt of, a violation of section 2919.123 of the Revised Code, the | 33786 |
| board shall enter an order suspending the individual's certificate | 33787 |
| to practice for a period of at least one year or, if determined | 33788 |
| appropriate by the board, imposing a more serious sanction | 33789 |
| involving the individual's certificate to practice. | 33790 |
| (2) In all circumstances in which division (I)(1) of this | 33791 |
| section does not apply, enter a final order permanently revoking | 33792 |
| the individual's certificate to practice. | 33793 |
| (J) If the board is required by Chapter 119. of the Revised | 33794 |
| Code to give notice of an opportunity for a hearing and if the | 33795 |
| individual subject to the notice does not timely request a hearing | 33796 |
| in accordance with section 119.07 of the Revised Code, the board | 33797 |
| is not required to hold a hearing, but may adopt, by an | 33798 |
| affirmative vote of not fewer than six of its members, a final | 33799 |
| order that contains the board's findings. In that final order, the | 33800 |
| board may order any of the sanctions identified under division (A) | 33801 |
| or (B) of this section. | 33802 |
| (K) Any action taken by the board under division (B) of this | 33803 |
| section resulting in a suspension from practice shall be | 33804 |
| accompanied by a written statement of the conditions under which | 33805 |
| the individual's certificate to practice may be reinstated. The | 33806 |
| board shall adopt rules governing conditions to be imposed for | 33807 |
| reinstatement. Reinstatement of a certificate suspended pursuant | 33808 |
| to division (B) of this section requires an affirmative vote of | 33809 |
| not fewer than six members of the board. | 33810 |
| (L) When the board refuses to grant a certificate to an | 33811 |
| applicant, revokes an individual's certificate to practice, | 33812 |
| refuses to register an applicant, or refuses to reinstate an | 33813 |
| individual's certificate to practice, the board may specify that | 33814 |
| its action is permanent. An individual subject to a permanent | 33815 |
| action taken by the board is forever thereafter ineligible to hold | 33816 |
| a certificate to practice and the board shall not accept an | 33817 |
| application for reinstatement of the certificate or for issuance | 33818 |
| of a new certificate. | 33819 |
| (M) Notwithstanding any other provision of the Revised Code, | 33820 |
| all of the following apply: | 33821 |
| (1) The surrender of a certificate issued under this chapter | 33822 |
| shall not be effective unless or until accepted by the board. | 33823 |
| Reinstatement of a certificate surrendered to the board requires | 33824 |
| an affirmative vote of not fewer than six members of the board. | 33825 |
| (2) An application for a certificate made under the | 33826 |
| provisions of this chapter may not be withdrawn without approval | 33827 |
| of the board. | 33828 |
| (3) Failure by an individual to renew a certificate of | 33829 |
| registration in accordance with this chapter shall not remove or | 33830 |
| limit the board's jurisdiction to take any disciplinary action | 33831 |
| under this section against the individual. | 33832 |
| (N) Sanctions shall not be imposed under division (B)(28) of | 33833 |
| this section against any person who waives deductibles and | 33834 |
| copayments as follows: | 33835 |
| (1) In compliance with the health benefit plan that expressly | 33836 |
| allows such a practice. Waiver of the deductibles or copayments | 33837 |
| shall be made only with the full knowledge and consent of the plan | 33838 |
| purchaser, payer, and third-party administrator. Documentation of | 33839 |
| the consent shall be made available to the board upon request. | 33840 |
| (2) For professional services rendered to any other person | 33841 |
| authorized to practice pursuant to this chapter, to the extent | 33842 |
| allowed by this chapter and rules adopted by the board. | 33843 |
| (O) Under the board's investigative duties described in this | 33844 |
| section and subject to division (F) of this section, the board | 33845 |
| shall develop and implement a quality intervention program | 33846 |
| designed to improve through remedial education the clinical and | 33847 |
| communication skills of individuals authorized under this chapter | 33848 |
| to practice medicine and surgery, osteopathic medicine and | 33849 |
| surgery, and podiatric medicine and surgery. In developing and | 33850 |
| implementing the quality intervention program, the board may do | 33851 |
| all of the following: | 33852 |
| (1) Offer in appropriate cases as determined by the board an | 33853 |
| educational and assessment program pursuant to an investigation | 33854 |
| the board conducts under this section; | 33855 |
| (2) Select providers of educational and assessment services, | 33856 |
| including a quality intervention program panel of case reviewers; | 33857 |
| (3) Make referrals to educational and assessment service | 33858 |
| providers and approve individual educational programs recommended | 33859 |
| by those providers. The board shall monitor the progress of each | 33860 |
| individual undertaking a recommended individual educational | 33861 |
| program. | 33862 |
| (4) Determine what constitutes successful completion of an | 33863 |
| individual educational program and require further monitoring of | 33864 |
| the individual who completed the program or other action that the | 33865 |
| board determines to be appropriate; | 33866 |
| (5) Adopt rules in accordance with Chapter 119. of the | 33867 |
| Revised Code to further implement the quality intervention | 33868 |
| program. | 33869 |
| An individual who participates in an individual educational | 33870 |
| program pursuant to this division shall pay the financial | 33871 |
| obligations arising from that educational program. | 33872 |
| Sec. 4736.01. As used in this chapter: | 33873 |
| (A) "Environmental health science" means the aspect of public | 33874 |
| health science that includes, but is not limited to, the following | 33875 |
| bodies of knowledge: air quality, food quality and protection, | 33876 |
| hazardous and toxic substances, consumer product safety, housing, | 33877 |
| institutional health and safety, community noise control, | 33878 |
| radiation protection, recreational facilities, solid and liquid | 33879 |
| waste management, vector control, drinking water quality, milk | 33880 |
| sanitation, and rabies control. | 33881 |
| (B) "Sanitarian" means a person who performs for compensation | 33882 |
| educational, investigational, technical, or administrative duties | 33883 |
| requiring specialized knowledge and skills in the field of | 33884 |
| environmental health science. | 33885 |
| (C) "Registered sanitarian" means a person who is registered | 33886 |
| as a sanitarian in accordance with this chapter. | 33887 |
| (D) "Sanitarian-in-training" means a person who is registered | 33888 |
| as a sanitarian-in-training in accordance with this chapter. | 33889 |
| (E) "Practice of environmental health" means consultation, | 33890 |
| instruction, investigation, inspection, or evaluation by an | 33891 |
| employee of a city health district, a general health district, the | 33892 |
| environmental protection agency, the department of health, or the | 33893 |
| department of agriculture requiring specialized knowledge, | 33894 |
| training, and experience in the field of environmental health | 33895 |
| science, with the primary purpose of improving or conducting | 33896 |
| administration or enforcement under any of the following: | 33897 |
| (1) Chapter 911., 913., 917., 3717., | 33898 |
| 3733. of the Revised Code; | 33899 |
| (2) Chapter 3734. of the Revised Code as it pertains to solid | 33900 |
| waste; | 33901 |
| (3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections | 33902 |
| 3707.38 to 3707.99, or section 3715.21 of the Revised Code; | 33903 |
| (4) Rules adopted under section 3701.34 of the Revised Code | 33904 |
| pertaining to home sewage, rabies control, or swimming pools; | 33905 |
| (5) Rules adopted under section 3701.935 of the Revised Code | 33906 |
| for school health and safety network inspections and rules adopted | 33907 |
| under section 3707.26 of the Revised Code for sanitary | 33908 |
| inspections. | 33909 |
| "Practice of environmental health" does not include sampling, | 33910 |
| testing, controlling of vectors, reporting of observations, or | 33911 |
| other duties that do not require application of specialized | 33912 |
| knowledge and skills in environmental health science performed | 33913 |
| under the supervision of a registered sanitarian. | 33914 |
| The state board of sanitarian registration may further define | 33915 |
| environmental health science in relation to specific functions in | 33916 |
| the practice of environmental health through rules adopted by the | 33917 |
| board under Chapter 119. of the Revised Code. | 33918 |
| Sec. 4743.05. Except as otherwise provided in sections | 33919 |
| 4701.20, 4723.062, 4723.082, and 4729.65 of the Revised Code, all | 33920 |
| money collected under Chapters 3773., 4701., 4703., 4709., 4713., | 33921 |
| 4715., 4717., 4723., 4725., 4729., 4732., 4733., 4734., 4736., | 33922 |
| 4741., 4753., 4755., 4757., 4758., 4759., 4761., 4766., 4771., | 33923 |
| 4775., 4779., and 4781. of the Revised Code shall be paid into the | 33924 |
| state treasury to the credit of the occupational licensing and | 33925 |
| regulatory fund, which is hereby created for use in administering | 33926 |
| such chapters. | 33927 |
| At the end of each quarter, the director of budget and | 33928 |
| management shall transfer from the occupational licensing and | 33929 |
| regulatory fund to the nurse education assistance fund created in | 33930 |
| section 3333.28 of the Revised Code the amount certified to the | 33931 |
| director under division (B) of section 4723.08 of the Revised | 33932 |
| Code. | 33933 |
| At the end of each quarter, the director shall transfer from | 33934 |
| the occupational licensing and regulatory fund to the certified | 33935 |
| public accountant education assistance fund created in section | 33936 |
| 4701.26 of the Revised Code the amount certified to the director | 33937 |
| under division (H)(2) of section 4701.10 of the Revised Code. | 33938 |
| Sec. 4755.03. | 33939 |
| the Revised Code, all fees and fines collected and assessed under | 33940 |
| this chapter by the appropriate section of the Ohio occupational | 33941 |
| therapy, physical therapy, and athletic trainers board, shall be | 33942 |
| deposited into the state treasury to the credit of the | 33943 |
| occupational licensing and regulatory fund. | 33944 |
| Sec. 4766.05. (A) The Ohio medical transportation board | 33945 |
| shall establish by rule a license fee, a permit fee for each | 33946 |
| ambulance, ambulette, rotorcraft air ambulance, fixed wing air | 33947 |
| ambulance, and nontransport vehicle owned or leased by the | 33948 |
| licensee that is or will be used as provided in section 4766.07 of | 33949 |
| the Revised Code, and fees for renewals of licenses and permits, | 33950 |
| taking into consideration the actual costs incurred by the board | 33951 |
| in carrying out its duties under this chapter. However, the fee | 33952 |
| for each license and each renewal of a license shall not exceed | 33953 |
| one hundred dollars, and the fee for each permit and each renewal | 33954 |
| of a permit shall not exceed one hundred dollars for each | 33955 |
| ambulance, rotorcraft air ambulance, fixed wing air ambulance, and | 33956 |
| nontransport vehicle. The fee for each permit and each renewal of | 33957 |
| a permit shall be twenty-five dollars for each ambulette for one | 33958 |
|
year after | 33959 |
| Thereafter, the board shall determine by rule the fee, which shall | 33960 |
| not exceed fifty dollars, for each permit and each renewal of a | 33961 |
| permit for each ambulette. For purposes of establishing fees, | 33962 |
| "actual costs" includes the costs of salaries, expenses, | 33963 |
| inspection equipment, supervision, and program administration. | 33964 |
| (B) The board shall deposit all fees and other moneys | 33965 |
| collected pursuant to sections 4766.04, 4766.07, and 4766.08 of | 33966 |
|
the Revised Code in the state treasury to the credit of the
| 33967 |
| 33968 | |
| fund, which
is | 33969 |
| Code. All moneys from the fund shall be used solely for the | 33970 |
| salaries and expenses of the board incurred in implementing and | 33971 |
| enforcing this chapter. | 33972 |
| (C) The board, subject to the approval of the controlling | 33973 |
| board, may establish fees in excess of the maximum amounts allowed | 33974 |
| under division (A) of this section, but such fees shall not exceed | 33975 |
| those maximum amounts by more than fifty per cent. | 33976 |
| Sec. 4766.22. (A) Not later than forty-five days after the | 33977 |
| end of each fiscal year, the Ohio medical transportation board | 33978 |
| shall submit a report to the governor and general assembly that | 33979 |
| provides all of the following information for that fiscal year: | 33980 |
| (1) The number of each of the following the board issued: | 33981 |
| (a) Basic life-support organization licenses; | 33982 |
| (b) Intermediate life-support organization licenses; | 33983 |
| (c) Advanced life-support organization licenses; | 33984 |
| (d) Mobile intensive care unit organization licenses; | 33985 |
| (e) Ambulette service licenses; | 33986 |
| (f) Air medical service organization licenses; | 33987 |
| (g) Ambulance permits; | 33988 |
| (h) Nontransport vehicle permits; | 33989 |
| (i) Ambulette vehicle permits; | 33990 |
| (j) Rotorcraft air ambulance permits; | 33991 |
| (k) Fixed wing air ambulance permits. | 33992 |
| (2) The amount of fees the board collected for issuing and | 33993 |
| renewing each type of license and permit specified in division | 33994 |
| (A)(1) of this section; | 33995 |
| (3) The number of inspections the board or a third party on | 33996 |
| the board's behalf conducted in connection with each type of | 33997 |
| license and permit specified in division (A)(1) of this section | 33998 |
| and the amount of fees the board collected for the inspections; | 33999 |
| (4) The number of complaints that were submitted to the | 34000 |
| board; | 34001 |
| (5) The number of investigations the board conducted under | 34002 |
| section 4766.11 of the Revised Code; | 34003 |
| (6) The number of adjudication hearings the board held and | 34004 |
| the outcomes of the adjudications; | 34005 |
| (7) The amount of penalties the board imposed and collected | 34006 |
| under section 4766.08 of the Revised Code; | 34007 |
| (8) Other information the board determines reflects the | 34008 |
| board's operations. | 34009 |
| (B) The board shall post the annual report required by this | 34010 |
| section on its web site and make it available to the public on | 34011 |
| request. | 34012 |
| Sec. 4775.08. (A) The initial and annual renewal fee for a | 34013 |
| motor vehicle collision repair registration certificate and for a | 34014 |
| temporary motor vehicle collision repair registration certificate | 34015 |
| is one hundred fifty dollars for each business location at which | 34016 |
| the motor vehicle collision repair operator conducts business as | 34017 |
| an operator, except that the board of motor vehicle collision | 34018 |
| repair registration, with the approval of the controlling board, | 34019 |
| may establish fees in excess of or less than that amount, provided | 34020 |
| that such fees do not exceed or are not less than that amount by | 34021 |
| more than fifty per cent. | 34022 |
| The board shall adjust the fees as necessary in order to | 34023 |
| provide for the expenses associated with carrying out this chapter | 34024 |
| 34025 | |
| 34026 | |
| 34027 |
| (B) If the board has notified or attempted to notify a motor | 34028 |
| vehicle collision repair operator that the operator is required to | 34029 |
| be registered under this chapter, and the operator fails to | 34030 |
| register, the initial fee for the registration of such an | 34031 |
| unregistered operator for each business location at which the | 34032 |
| operator conducts business as an operator, is the initial fee then | 34033 |
| in effect plus an additional amount equal to the initial fee then | 34034 |
| in effect for each calendar year that the operator is not | 34035 |
| registered after the board has notified or attempted to notify the | 34036 |
| operator. | 34037 |
| (C) The board shall deposit all fees and fines collected | 34038 |
|
under
this chapter into the | 34039 |
| 34040 | |
| 34041 | |
| licensing and regulatory fund created by section 4743.05 of the | 34042 |
| Revised Code. | 34043 |
| Sec. 4921.40. In accordance with section 4921.04 of the | 34044 |
| Revised Code, the public utilities commission may adopt rules: | 34045 |
| (A) Providing for binding estimates by motor transportation | 34046 |
| companies engaged, for hire, in the business of transporting | 34047 |
| household goods over a public highway in this state; | 34048 |
| (B) Providing for guaranteed-not-to-exceed estimates by such | 34049 |
| motor transportation companies; | 34050 |
| (C) Requiring such motor transportation companies to include | 34051 |
| their certificate number in all advertising, written estimates, | 34052 |
| and contracts related to the transportation of household goods in | 34053 |
| this state; | 34054 |
| (D) As are necessary and proper to carry out this chapter | 34055 |
| with respect to such motor transportation companies; | 34056 |
| (E) Providing for the enforcement of the consumer protection | 34057 |
| provisions of Title 49 of the United States Code related to the | 34058 |
| delivery and transportation of household goods in interstate | 34059 |
| commerce, as permitted by 49 U.S.C. 14710. Any fine or penalty | 34060 |
| imposed as a result of such enforcement shall be deposited into | 34061 |
| the state treasury to the credit of the general revenue fund. | 34062 |
| Sec. 4923.26. There is hereby created in the state treasury | 34063 |
| the federal commercial vehicle transportation systems fund. The | 34064 |
| fund shall consist of money received from the United States | 34065 |
| department of transportation's commercial vehicle intelligent | 34066 |
| transportation systems infrastructure deployment program. The | 34067 |
| public utilities commission shall use the fund to deploy the Ohio | 34068 |
| commercial vehicle information systems networks project and to | 34069 |
| improve safety of motor carrier operations through electronic | 34070 |
| exchange of data by means of on-highway electronic systems. | 34071 |
| Sec. 5101.162. Subject to available federal funds and | 34072 |
| appropriations made by the general assembly, the department of job | 34073 |
| and family services may, at its sole discretion, use available | 34074 |
| federal funds to reimburse county expenditures for county | 34075 |
| administration of food stamps or medicaid even though the county | 34076 |
| expenditures meet or exceed the maximum allowable reimbursement | 34077 |
| amount established by rules adopted under section 5101.161 of the | 34078 |
|
Revised Code
| 34079 |
| 34080 | |
| 34081 | |
| internal management rules in accordance with section 111.15 of the | 34082 |
| Revised Code to implement this section. | 34083 |
| Sec. 5101.21. (A) As used in | 34084 |
| sections 5101.21 to 5101.212 of the Revised Code: | 34085 |
| (1) "County grantee" means all of the following: | 34086 |
| | 34087 |
| | 34088 |
| section 5153.03 of the Revised Code | 34089 |
| 34090 |
| | 34091 |
| enforcement agency | 34092 |
| 34093 |
| (2) "County subgrant" means a grant that a county grantee | 34094 |
| awards to another entity. | 34095 |
| (3) "County subgrant agreement" means an agreement between a | 34096 |
| county grantee and another entity under which the county grantee | 34097 |
| awards the other entity one or more county subgrants. | 34098 |
| (4) "Fiscal biennial period" means a two-year period | 34099 |
| beginning on the first day of July of an odd-numbered year and | 34100 |
| ending on the last day of June of the next odd-numbered year. | 34101 |
| (5) "Grant" means an award for one or more family services | 34102 |
| duties of federal financial assistance that a federal agency | 34103 |
| provides in the form of money, or property in lieu of money, to | 34104 |
| the department of job and family services and that the department | 34105 |
| awards to a county grantee. "Grant" may include state funds the | 34106 |
| department awards to a county grantee to match the federal | 34107 |
| financial assistance. "Grant" does not mean either of the | 34108 |
| following: | 34109 |
| (a) Technical assistance that provides services instead of | 34110 |
| money; | 34111 |
| (b) Other assistance provided in the form of revenue sharing, | 34112 |
| loans, loan guarantees, interest subsidies, or insurance. | 34113 |
| (6) "Grant agreement" means an agreement between the | 34114 |
| department of job and family services and a county grantee under | 34115 |
| which the department awards the county grantee one or more grants. | 34116 |
| (B) | 34117 |
| family services may award grants to counties only through grant | 34118 |
| agreements entered into under this section. | 34119 |
| (C) The director shall enter
into one or more written | 34120 |
| grant agreements with | 34121 |
| 34122 | |
| 34123 | |
| 34124 | |
| 34125 | |
| 34126 | |
| 34127 | |
| 34128 | |
| 34129 | |
| 34130 | |
| 34131 | |
| 34132 | |
| 34133 | |
| 34134 | |
| 34135 | |
| 34136 | |
| 34137 | |
| 34138 | |
| director shall jointly enter into the | 34139 |
| 34140 | |
| agreement shall be entered into not later than January 31, 2008, | 34141 |
| and shall be in effect for fiscal year 2009. Except as provided in | 34142 |
| rules adopted under this section, subsequent grant agreements | 34143 |
| shall be entered into before the first day of each successive | 34144 |
| fiscal biennial period and shall be in effect for that fiscal | 34145 |
| biennial period or, in the case of a grant agreement entered into | 34146 |
| after the first day of a fiscal biennial period and except as | 34147 |
| provided by section 5101.211 of the Revised Code, for the | 34148 |
| remainder of the fiscal biennial period. A | 34149 |
| shall do all of the following: | 34150 |
| (1) Comply with all of the conditions, requirements, and | 34151 |
| restrictions applicable to the family services duties for which | 34152 |
| the grants included in the agreement are awarded, including the | 34153 |
| conditions, requirements, and restrictions established by the | 34154 |
| department, federal or state law, state plans for receipt of | 34155 |
| federal financial participation, agreements between the department | 34156 |
| and a federal agency, and executive orders issued by the governor; | 34157 |
| (2) Establish terms and conditions governing the | 34158 |
| accountability for and use of the grants included in the grant | 34159 |
| agreement; | 34160 |
|
(3) Specify | 34161 |
| (a) The family services duties | 34162 |
| 34163 |
| (b) The private and government entities designated under | 34164 |
| section 307.981 of the Revised Code to serve as the county family | 34165 |
| services agencies performing the family services duties; | 34166 |
| | 34167 |
| to award | 34168 |
| grants included in the agreement in accordance with a methodology | 34169 |
| for determining the amount of the award established by rules | 34170 |
| adopted under | 34171 |
| | 34172 |
| grants which may be | 34173 |
| property, advance, working capital advance, or | 34174 |
| 34175 | |
| 34176 | |
| 34177 | |
| 34178 | |
| rules adopted under this section; | 34179 |
| | 34180 |
| grants are subject to the availability of federal funds and | 34181 |
| appropriations made by the general assembly; | 34182 |
| | 34183 |
| incentive awards, if any, to be provided in accordance with | 34184 |
| section 5101.23 of the Revised Code; | 34185 |
| | 34186 |
| that the county | 34187 |
| (a) Ensure that the | 34188 |
| included in the agreement | 34189 |
| duties | 34190 |
| performed, in accordance with conditions, requirements | 34191 |
| restrictions applicable to the duties established by the | 34192 |
| department, a federal or state law, | 34193 |
| 34194 | |
| 34195 | |
| 34196 | |
| 34197 | |
| executive orders issued by the governor; | 34198 |
| (b) | 34199 |
| 34200 | |
| accountability mechanisms for the | 34201 |
| awarded under the agreement that meet requirements the department | 34202 |
| establishes; | 34203 |
| (c) | 34204 |
| all of the following with regard to a county subgrant: | 34205 |
| (i) Award the subgrant through a written county subgrant | 34206 |
| agreement that requires the entity awarded the county subgrant to | 34207 |
| comply with all conditions, requirements, and restrictions | 34208 |
| applicable to the county grantee regarding the grant that the | 34209 |
| county grantee subgrants to the entity, including the conditions, | 34210 |
| requirements, and restrictions of this section; | 34211 |
|
(ii) Monitor | 34212 |
| that | 34213 |
| the | 34214 |
| 34215 | |
| and restrictions applicable to the family services duties | 34216 |
| 34217 |
| | 34218 |
| not used in accordance with the conditions, requirements | 34219 |
| restrictions applicable to the family services duties | 34220 |
| for which the | 34221 |
| (d) | 34222 |
| Promptly reimburse the department the amount that represents the | 34223 |
| amount | 34224 |
| to action the department takes under division (C) of section | 34225 |
| 5101.24 of the Revised Code, of funds the department pays to any | 34226 |
| entity because of an adverse audit finding, adverse quality | 34227 |
| control finding, final disallowance of federal financial | 34228 |
| participation, or other sanction or penalty; | 34229 |
| (e) | 34230 |
| prompt corrective action, including paying amounts resulting from | 34231 |
| an adverse finding, sanction, or penalty, if the department, | 34232 |
| auditor of state, federal agency, or other entity authorized by | 34233 |
| federal or state law to determine compliance with the conditions, | 34234 |
| requirements | 34235 |
| duty for which a grant included in the agreement is awarded | 34236 |
| determines compliance has not been achieved; | 34237 |
| (f) Ensure that any matching funds, regardless of the source, | 34238 |
| that the county grantee manages are clearly identified and used in | 34239 |
| accordance with federal and state laws and the agreement. | 34240 |
| | 34241 |
| division (C) of section 5101.24 of the Revised Code if authorized | 34242 |
| by division (B)(1), (2), (3), or (4) of that section; | 34243 |
| | 34244 |
| state law and require prompt release of audit findings and prompt | 34245 |
| action to correct problems identified in an audit; | 34246 |
| | 34247 |
| 34248 | |
| 34249 | |
| 34250 | |
| 34251 | |
| 34252 | |
| 34253 | |
| 34254 |
| | 34255 |
| procedures in accordance with section 5101.24 of the Revised Code; | 34256 |
| | 34257 |
| agreement and an expedited process for correcting terms or | 34258 |
| conditions of the agreement that the director and each county | 34259 |
| 34260 |
| | 34261 |
| 34262 | |
| 34263 | |
| 34264 |
| | 34265 |
| county grantee to be required to comply with a new or amended | 34266 |
| condition, requirement, or restriction for a family services duty | 34267 |
| established by federal or state law, state plan for receipt of | 34268 |
| federal financial participation, agreement between the department | 34269 |
| and a federal agency, or executive order issued by the governor. | 34270 |
|
(E) The department
shall make payments authorized by a | 34271 |
| grant agreement on vouchers it prepares and may include any funds | 34272 |
| appropriated or allocated to it for carrying out family services | 34273 |
| duties for which a grant included in the agreement is awarded, | 34274 |
| including funds for personal services and maintenance. | 34275 |
| | 34276 |
| section 111.15 of the Revised Code governing | 34277 |
| agreements. The director shall adopt the rules as if they were | 34278 |
| internal management rules. Before adopting the rules, the director | 34279 |
| shall give the public an opportunity to review and comment on the | 34280 |
| proposed rules. The rules shall establish methodologies to be used | 34281 |
| to determine the amount of | 34282 |
| 34283 | |
| establish terms and conditions under which an agreement may be | 34284 |
| entered into after the first day of | 34285 |
| fiscal biennial period. The rules may do any or all of the | 34286 |
| following: | 34287 |
| (a) Govern the award of grants included in grant agreements, | 34288 |
| including the establishment of
| 34289 |
| the form of the grants and the distribution of the grants; | 34290 |
| (b) Specify allowable uses of | 34291 |
| 34292 |
| (c) Establish reporting, cash management, audit, and other | 34293 |
| requirements the director determines are necessary to provide | 34294 |
| accountability for the use of | 34295 |
| the grants included in the agreements and determine compliance | 34296 |
| with conditions, requirements, and restrictions established by the | 34297 |
| department, a federal or state law, | 34298 |
| 34299 | |
| 34300 | |
| plans for receipt of federal financial participation, | 34301 |
| agreements between the department and a federal | 34302 |
| executive orders issued by the governor. | 34303 |
| (2) A requirement of a | 34304 |
| a rule adopted under this division is applicable to a | 34305 |
| agreement without having to be restated in the | 34306 |
| agreement. A requirement established by a grant agreement is | 34307 |
| applicable to the grant agreement without having to be restated in | 34308 |
| a rule. | 34309 |
| Sec. 5101.211. | 34310 |
| 34311 | |
| provide for a | 34312 |
| 5101.21 of the Revised Code to have a retroactive effective date | 34313 |
| of the first day of July of an odd-numbered year if both of the | 34314 |
| following are the case: | 34315 |
| | 34316 |
| before the last day of that July. | 34317 |
| | 34318 |
| retroactive effective date and provides the director good cause | 34319 |
| satisfactory to the director for the reason the agreement was not | 34320 |
| entered into on or before the first day of that July. | 34321 |
| | 34322 |
| 34323 | |
| 34324 |
| | 34325 |
| 34326 |
| | 34327 |
| 34328 |
| Sec. 5101.212. The department of job and family services | 34329 |
| shall publish in a manner accessible to the public all of the | 34330 |
| following that concern family services duties for which grants | 34331 |
| included in | 34332 |
| 5101.21 of the Revised Code are awarded: state plans for receipt | 34333 |
| of federal financial participation, | 34334 |
| department and a federal agency, and executive orders issued by | 34335 |
| the governor. The department may publish the materials | 34336 |
| electronically or otherwise. | 34337 |
| Sec. 5101.213. (A) | 34338 |
| 34339 | |
| 34340 | |
| 34341 | |
| 2008, all of the following apply: | 34342 |
| (1) | 34343 |
| department of job and family services shall award to the county | 34344 |
| the board serves financial assistance for family services duties | 34345 |
| in accordance with a methodology for determining the amount of the | 34346 |
| award established by rules adopted under division (B) of this | 34347 |
| section. | 34348 |
| (2) The financial assistance may be provided in the form of | 34349 |
| allocations, cash draws, reimbursements, and property but may not | 34350 |
| be made in the form of a consolidated funding allocation. | 34351 |
| (3) The award of the financial assistance is subject to the | 34352 |
| availability of federal funds and appropriations made by the | 34353 |
| general assembly. | 34354 |
| (4) The county family services agencies performing the family | 34355 |
| services duties for which the financial assistance is awarded | 34356 |
| shall do all of the following: | 34357 |
| (a) Use the financial assistance, and perform the family | 34358 |
| services duties, in accordance with requirements for the duties | 34359 |
| established by the department, a federal or state law, or any of | 34360 |
| the following that concern the duties: state plans for receipt of | 34361 |
| federal financial participation, grant agreements between the | 34362 |
| department and a federal agency, and executive orders issued by | 34363 |
| the governor; | 34364 |
| (b) Utilize a financial management system and other | 34365 |
| accountability mechanisms for the financial assistance that meet | 34366 |
| requirements the department establishes; | 34367 |
| (c) Monitor all private and government entities that receive | 34368 |
| a payment from the financial assistance to ensure that each entity | 34369 |
| uses the payment in accordance with requirements for the family | 34370 |
| services duties and take action to recover payments that are not | 34371 |
| used in accordance with the requirements for the family services | 34372 |
| duties; | 34373 |
| (d) Promptly reimburse the department the amount that | 34374 |
| represents the amount an agency is responsible for, pursuant to | 34375 |
| action the department takes under division (C) of section 5101.24 | 34376 |
| of the Revised Code, of funds the department pays to any entity | 34377 |
| because of an adverse audit finding, adverse quality control | 34378 |
| finding, final disallowance of federal financial participation, or | 34379 |
| other sanction or penalty; | 34380 |
| (e) Take prompt corrective action, including paying amounts | 34381 |
| resulting from an adverse finding, sanction, or penalty, if the | 34382 |
| department, auditor of state, federal agency, or other entity | 34383 |
| authorized by federal or state law to determine compliance with | 34384 |
| requirements for a family services duty determines compliance has | 34385 |
| not been achieved. | 34386 |
| (B) The director shall adopt rules in accordance with section | 34387 |
| 111.15 of the Revised Code as necessary to implement this section. | 34388 |
| The director shall adopt the rules as if they were internal | 34389 |
| management rules. Before adopting the rules, the director shall | 34390 |
| give the public an opportunity to review and comment on the | 34391 |
| proposed rules. The rules shall establish methodologies to be used | 34392 |
| to determine the amount of financial assistance to be awarded and | 34393 |
| may do any or all of the following: | 34394 |
| (1) Govern the establishment of funding allocations; | 34395 |
| (2) Specify allowable uses of financial assistance the | 34396 |
| department awards under this section; | 34397 |
| (3) Establish reporting, cash management, audit, and other | 34398 |
| requirements the director determines are necessary to provide | 34399 |
| accountability for the use of the financial assistance and | 34400 |
| determine compliance with requirements established by the | 34401 |
| department, a federal or state law, or any of the following that | 34402 |
| concern the family services duties for which the financial | 34403 |
| assistance is awarded: state plans for receipt of federal | 34404 |
| financial participation, grant agreements between the department | 34405 |
| and a federal entity, and executive orders issued by the governor. | 34406 |
| Sec. 5101.24. (A) As used in this section, "responsible | 34407 |
| 34408 | |
| 34409 | |
| defined in section 5101.21 of the Revised Code, the director of | 34410 |
| job and family services determines is appropriate to take action | 34411 |
| against under division (C) of this section. | 34412 |
| (B) Regardless of whether a family services duty is performed | 34413 |
| by a county family services agency, private or government entity | 34414 |
| pursuant to a contract entered into under section 307.982 of the | 34415 |
| Revised Code or division (C)(2) of section 5153.16 of the Revised | 34416 |
| Code, or private or government provider of a family service duty, | 34417 |
| the department of job and family services may take action under | 34418 |
|
division (C) of this section against the responsible
| 34419 |
| grantee if the department determines any of the following are the | 34420 |
| case: | 34421 |
| (1) A requirement of a | 34422 |
| under section 5101.21 of the Revised Code that includes a grant | 34423 |
| for the family services duty, including a requirement for | 34424 |
| grant agreements established by rules adopted under that section, | 34425 |
| is not complied with; | 34426 |
| (2) A county family services agency fails to develop, submit | 34427 |
| to the department, or comply with a corrective action plan under | 34428 |
| division (B) of section 5101.221 of the Revised Code, or the | 34429 |
| department disapproves the agency's corrective action plan | 34430 |
| developed under division (B) of section 5101.221 of the Revised | 34431 |
| Code; | 34432 |
| (3) A requirement for the family services duty established by | 34433 |
| the department or any of the following is not complied with: a | 34434 |
| federal or state law, state plan for receipt of federal financial | 34435 |
| participation, grant agreement between the department and a | 34436 |
| federal agency, or executive order issued by the governor; | 34437 |
| (4) The responsible | 34438 |
| partially responsible, as determined by the director of job and | 34439 |
| family services, for an adverse audit finding, adverse quality | 34440 |
| control finding, final disallowance of federal financial | 34441 |
| participation, or other sanction or penalty regarding the family | 34442 |
| services duty. | 34443 |
| (C) The department may take one or more of the following | 34444 |
| actions against the
responsible | 34445 |
| authorized by division (B)(1), (2), (3), or (4) of this section: | 34446 |
| (1) Require the responsible | 34447 |
| with a corrective action plan pursuant to a time schedule | 34448 |
| specified by the department. The corrective action plan shall be | 34449 |
| established or approved by the department and shall not require a | 34450 |
| county | 34451 |
| plan. | 34452 |
| (2) Require the responsible | 34453 |
| with a corrective action plan pursuant to a time schedule | 34454 |
| specified by the department. The corrective action plan shall be | 34455 |
| established or approved by the department and require a county | 34456 |
| 34457 | |
| resources identified by the agency. | 34458 |
|
(3) Require the responsible | 34459 |
| of the following: | 34460 |
| (a) Share with the department a final disallowance of federal | 34461 |
| financial participation or other sanction or penalty; | 34462 |
| (b) Reimburse the department the final amount the department | 34463 |
| pays to the federal government or another entity that represents | 34464 |
| the amount the responsible | 34465 |
| for of an adverse audit finding, adverse quality control finding, | 34466 |
| final disallowance of federal financial participation, or other | 34467 |
| sanction or penalty issued by the federal government, auditor of | 34468 |
| state, or other entity; | 34469 |
| (c) Pay the federal government or another entity the final | 34470 |
| amount that
represents the amount the responsible | 34471 |
| grantee is responsible for of an adverse audit finding, adverse | 34472 |
| quality control finding, final disallowance of federal financial | 34473 |
| participation, or other sanction or penalty issued by the federal | 34474 |
| government, auditor of state, or other entity; | 34475 |
| (d) Pay the department the final amount that represents the | 34476 |
| amount the responsible | 34477 |
| an adverse audit finding or adverse quality control finding. | 34478 |
| (4) Impose an administrative sanction issued by the | 34479 |
| department against
the responsible | 34480 |
| sanction may be increased if the department has previously taken | 34481 |
| action against the responsible entity under this division. | 34482 |
| (5) Perform, or contract with a government or private entity | 34483 |
| for the entity to perform, the family services duty until the | 34484 |
| department is satisfied that the responsible | 34485 |
| ensures that the duty will be performed satisfactorily. If the | 34486 |
| department performs or contracts with an entity to perform a | 34487 |
| family services duty under division (C)(5) of this section, the | 34488 |
| department may do either or both of the following: | 34489 |
| (a) Spend funds in the county treasury appropriated by the | 34490 |
| board of county commissioners for the duty; | 34491 |
| (b) Withhold funds allocated or reimbursements due to the | 34492 |
| responsible | 34493 |
| for the duty. | 34494 |
| (6) Request that the attorney general bring mandamus | 34495 |
|
proceedings to compel the responsible | 34496 |
| take or cease the action that causes division (B)(1), (2), (3), or | 34497 |
| (4) of this section to apply. The attorney general shall bring | 34498 |
| mandamus proceedings in the Franklin county court of appeals at | 34499 |
| the department's request. | 34500 |
| (7) If the department takes action under this division | 34501 |
| because of division (B)(3) of this section, temporarily withhold | 34502 |
| funds allocated or reimbursement due to the responsible | 34503 |
| county grantee until the department determines that the | 34504 |
| responsible | 34505 |
| requirement. The department shall release the funds when the | 34506 |
| department determines that compliance has been achieved. | 34507 |
| (D) If the department proposes to take action against the | 34508 |
| responsible | 34509 |
|
section, the department shall notify the responsible | 34510 |
| grantee, director of the appropriate county family services | 34511 |
| agency, and county auditor. The notice shall be in writing and | 34512 |
| specify the action the department proposes to take. The department | 34513 |
| shall send the notice by regular United States mail. | 34514 |
| Except as provided by division (E) of this section, the | 34515 |
| responsible | 34516 |
| review of a proposed action in accordance with administrative | 34517 |
| review procedures the department shall establish. The | 34518 |
| administrative review procedures shall comply with all of the | 34519 |
| following: | 34520 |
| (1) A request for an administrative review shall state | 34521 |
| specifically all of the following: | 34522 |
| (a) The proposed action specified in the notice from the | 34523 |
| department for which the review is requested; | 34524 |
| (b) The reason why the responsible | 34525 |
| believes the proposed action is inappropriate; | 34526 |
| (c) All facts and legal arguments that the responsible | 34527 |
| county grantee wants the department to consider; | 34528 |
| (d) The name of the person who will serve as the responsible | 34529 |
| 34530 |
| (2) If the department's notice specifies more than one | 34531 |
| proposed action and the responsible | 34532 |
| specify all of the proposed actions in its request pursuant to | 34533 |
| division (D)(1)(a) of this section, the proposed actions not | 34534 |
| specified in the request shall not be subject to administrative | 34535 |
| review and the parts of the notice regarding those proposed | 34536 |
| actions shall be final and binding on the responsible | 34537 |
| county grantee. | 34538 |
| (3) In the case of a proposed action under division (C)(1) of | 34539 |
|
this section, the responsible | 34540 |
| fifteen calendar days after the department mails the notice to the | 34541 |
| responsible | 34542 |
| department for an administrative review. If it receives such a | 34543 |
| request within the required time, the department shall postpone | 34544 |
| taking action under division (C)(1) of this section for fifteen | 34545 |
| calendar days following the day it receives the request or | 34546 |
| extended period of time provided for in division (D)(5) of this | 34547 |
| section to allow a representative of the department and a | 34548 |
| representative of the
responsible | 34549 |
| informal opportunity to resolve any dispute during that | 34550 |
| fifteen-day or extended period. | 34551 |
| (4) In the case of a proposed action under division (C)(2), | 34552 |
| (3), (4), (5), or (7) of
this section, the responsible | 34553 |
| county grantee shall have thirty calendar days after the | 34554 |
| department mails the
notice to the responsible | 34555 |
| grantee to send a written request to the department for an | 34556 |
| administrative review. If it receives such a request within the | 34557 |
| required time, the department shall postpone taking action under | 34558 |
| division (C)(2), (3), (4), (5), or (7) of this section for thirty | 34559 |
| calendar days following the day it receives the request or | 34560 |
| extended period of time provided for in division (D)(5) of this | 34561 |
| section to allow a representative of the department and a | 34562 |
| representative of the responsible | 34563 |
| informal opportunity to resolve any dispute during that thirty-day | 34564 |
| or extended period. | 34565 |
| (5) If the informal opportunity provided in division (D)(3) | 34566 |
| or (4) of this section does not result in a written resolution to | 34567 |
| the dispute within the fifteen- or thirty-day period, the director | 34568 |
| of job and family services and representative of the responsible | 34569 |
| 34570 | |
| the time period for attempting an informal resolution of the | 34571 |
| dispute under division (D)(3) or (4) of this section. | 34572 |
| (6) In the case of a proposed action under division (C)(3) of | 34573 |
| this section, the responsible | 34574 |
| include in its request disputes over a finding, final disallowance | 34575 |
| of federal financial participation, or other sanction or penalty | 34576 |
| issued by the federal government, auditor of state, or entity | 34577 |
| other than the department. | 34578 |
| (7) If the responsible | 34579 |
| an administrative review within the required time, the responsible | 34580 |
| 34581 | |
| review of the proposed actions specified in the notice and the | 34582 |
| notice becomes final and binding on the responsible | 34583 |
| grantee. | 34584 |
| (8) If the informal opportunity provided in division (D)(3) | 34585 |
| or (4) of this section does not result in a written resolution to | 34586 |
| the dispute within the time provided by division (D)(3), (4), or | 34587 |
| (5) of this section, the director shall appoint an administrative | 34588 |
| review panel to conduct the administrative review. The review | 34589 |
| panel shall consist of department employees and one director or | 34590 |
| other representative of the type of county family services agency | 34591 |
| that is responsible for the kind of family services duty that is | 34592 |
| the subject of the dispute and serves a different county than the | 34593 |
| county served by the responsible | 34594 |
| individual involved in the department's proposal to take action | 34595 |
| against the responsible | 34596 |
| review panel. The review panel shall review the responsible | 34597 |
| 34598 | |
| that the department or responsible | 34599 |
| additional information and schedule and conduct an informal | 34600 |
| hearing to obtain testimony or additional evidence. A review of a | 34601 |
| proposal to take action under division (C)(3) of this section | 34602 |
| shall be limited solely to the issue of the amount the responsible | 34603 |
| 34604 | |
| the department, or pay to the federal government, department, or | 34605 |
| other entity under division (C)(3) of this section. The review | 34606 |
| panel is not required to make a stenographic record of its hearing | 34607 |
| or other proceedings. | 34608 |
| (9) After finishing an administrative review, an | 34609 |
| administrative review panel appointed under division (D)(8) of | 34610 |
| this section shall submit a written report to the director setting | 34611 |
| forth its findings of fact, conclusions of law, and | 34612 |
| recommendations for action. The director may approve, modify, or | 34613 |
| disapprove the recommendations. If the director modifies or | 34614 |
| disapproves the recommendations, the director shall state the | 34615 |
| reasons for the modification or disapproval and the actions to be | 34616 |
| taken against the responsible | 34617 |
| (10) The director's approval, modification, or disapproval | 34618 |
| under division (D)(9) of this section shall be final and binding | 34619 |
| on the responsible | 34620 |
| to further departmental review. | 34621 |
| (E) The responsible | 34622 |
| an administrative review under division (D) of this section for | 34623 |
| any of the following: | 34624 |
| (1) An action taken under division (C)(6) of this section; | 34625 |
| (2) An action taken under section 5101.242 of the Revised | 34626 |
| Code; | 34627 |
| (3) An action taken under division (C)(3) of this section if | 34628 |
| the federal government, auditor of state, or entity other than the | 34629 |
| department has identified the responsible county | 34630 |
| 34631 | |
| adverse audit finding, adverse quality control finding, final | 34632 |
| disallowance of federal financial participation, or other sanction | 34633 |
| or penalty; | 34634 |
| (4) An adjustment to an allocation, cash draw, advance, or | 34635 |
| reimbursement to a responsible county | 34636 |
| grantee that the department determines necessary for budgetary | 34637 |
| reasons; | 34638 |
| (5) Withholding of a cash draw or reimbursement due to | 34639 |
| noncompliance with a reporting requirement established in rules | 34640 |
| adopted under section 5101.243 of the Revised Code. | 34641 |
| (F) This section does not apply to other actions the | 34642 |
| department takes against the responsible | 34643 |
| pursuant to authority granted by another state law unless the | 34644 |
| other state law requires the department to take the action in | 34645 |
| accordance with this section. | 34646 |
| (G) The director of job and family services may adopt rules | 34647 |
| in accordance with Chapter 119. of the Revised Code as necessary | 34648 |
| to implement this section. | 34649 |
| Sec. 5101.242. The department of job and family services may | 34650 |
| certify a claim to the attorney general under section 131.02 of | 34651 |
| the Revised Code for the attorney general to take action under | 34652 |
| that section against a responsible county grantee or responsible | 34653 |
| entity to recover any funds that the department determines the | 34654 |
| responsible county grantee or responsible entity owes the | 34655 |
| department for actions taken under division (C)(2), (3), (4), or | 34656 |
| (5) of section 5101.24 or 5101.241 of the Revised Code. | 34657 |
| Sec. 5101.244. If | 34658 |
| 34659 | |
| 34660 | |
| a county grantee in a grant agreement entered into under section | 34661 |
| 5101.21 of the Revised Code, an allocation, advance, or | 34662 |
| reimbursement the department makes to | 34663 |
| agency, or a cash draw | 34664 |
| 34665 | |
| 34666 | |
| draw, the department may adjust, offset, withhold, or reduce an | 34667 |
| allocation, cash draw, advance, reimbursement, or other financial | 34668 |
| assistance to the county grantee or county family services agency | 34669 |
| as necessary to recover the amount of the excess grant, | 34670 |
| allocation, advance, reimbursement, or cash draw. The department | 34671 |
| is not required to make the adjustment, offset, withholding, or | 34672 |
| reduction in accordance with section 5101.24 of the Revised Code. | 34673 |
| The director of job and family services may adopt rules under | 34674 |
| section 111.15 of the Revised Code as necessary to implement this | 34675 |
| section. The director shall adopt the rules as if they were | 34676 |
| internal management rules. | 34677 |
| Sec. 5101.51. In accordance with federal law governing the | 34678 |
| children's health insurance program, the director of job and | 34679 |
| family services may submit a state child health plan to the United | 34680 |
| States secretary of health and human services to provide, except | 34681 |
| as provided in section 5101.516 of the Revised Code, health | 34682 |
| assistance to uninsured individuals under nineteen years of age | 34683 |
| with family incomes above one hundred fifty per cent of the | 34684 |
| federal poverty
guidelines but not exceeding | 34685 |
| cent of the federal poverty guidelines. If the director submits | 34686 |
| the plan, the
director shall include | 34687 |
| the plan and any subsequent amendments to the plan: | 34688 |
| (A) | 34689 |
| fifty per cent but not exceeding two hundred per cent of the | 34690 |
| federal poverty guidelines, the health assistance will not begin | 34691 |
| before January 1, 2000. | 34692 |
| (B) For individuals with family incomes above two hundred per | 34693 |
| cent but not exceeding three hundred per cent of the federal | 34694 |
| poverty guidelines, the health assistance will not begin before | 34695 |
| January 1, 2008. | 34696 |
| (C) The health assistance will be available only while | 34697 |
| federal financial participation is available for it. | 34698 |
| Sec. 5101.541. The food stamp program fund is hereby created | 34699 |
| in the state treasury. The fund shall consist of federal | 34700 |
| reimbursement for food stamp program administrative expenses and | 34701 |
| other food stamp program expenses. The department of job and | 34702 |
| family services shall use the money credited to the fund to pay | 34703 |
| for food stamp program administrative expenses and other food | 34704 |
| stamp program expenses. | 34705 |
| Sec. 5101.571. As used in sections 5101.571 to | 34706 |
| 5101.591 of the Revised Code: | 34707 |
| (A) "Information" means all of the following: | 34708 |
| (1) An individual's name, address, date of birth, and social | 34709 |
| security number; | 34710 |
| (2) The group or plan number, or other identifier, assigned | 34711 |
| by a third party to a policy held by an individual or a plan in | 34712 |
| which the individual participates and the nature of the coverage; | 34713 |
| (3) Any other data the director of job and family services | 34714 |
| specifies in rules adopted under section 5101.591 of the Revised | 34715 |
| Code. | 34716 |
| (B) "Medical assistance" means medical items or services | 34717 |
| provided under any of the following: | 34718 |
| (1) Medicaid, as defined in section 5111.01 of the Revised | 34719 |
| Code; | 34720 |
| (2) The children's health insurance program part I and part | 34721 |
| II established under sections 5101.50 to 5101.5110 of the Revised | 34722 |
| Code; | 34723 |
| (3) The disability medical assistance program established | 34724 |
| under Chapter 5115. of the Revised Code. | 34725 |
| (C) "Medical support" means support specified as support for | 34726 |
| the purpose of medical care by order of a court or administrative | 34727 |
| agency. | 34728 |
| | 34729 |
| assistance or assistance under the Ohio works first program | 34730 |
| established under Chapter 5107. of the Revised Code. | 34731 |
| (E)(1) Subject to division (E)(2) of this section, and except | 34732 |
| as provided in division (E)(3) of this section, "third party" | 34733 |
| means | 34734 |
| 34735 | |
| 34736 | |
| 34737 | |
| 34738 | |
| 34739 | |
| 34740 | |
| 34741 | |
| following: | 34742 |
| (a) A person authorized to engage in the business of sickness | 34743 |
| and accident insurance under Title XXXIX of the Revised Code; | 34744 |
| (b) A person or governmental entity providing coverage for | 34745 |
| medical services or items to individuals on a self-insurance | 34746 |
| basis; | 34747 |
| (c) A health insuring corporation as defined in section | 34748 |
| 1751.01 of the Revised Code; | 34749 |
| (d) A group health plan as defined in 29 U.S.C. 1167; | 34750 |
| (e) A service benefit plan as referenced in 42 U.S.C. | 34751 |
| 1396a(a)(25); | 34752 |
| (f) A managed care organization; | 34753 |
| (g) A pharmacy benefit manager; | 34754 |
| (h) A third party administrator; | 34755 |
| (i) Any other person or governmental entity that is, by law, | 34756 |
| contract, or agreement, responsible for the payment or processing | 34757 |
| of a claim for a medical item or service for a public assistance | 34758 |
| recipient or participant. | 34759 |
| (2) Except when otherwise provided by 42 U.S.C. 1395y(b), a | 34760 |
| person or governmental entity listed in division (E)(1) of this | 34761 |
| section is a third party even if the person or governmental entity | 34762 |
| limits or excludes payments for a medical item or service in the | 34763 |
| case of a public assistance recipient. | 34764 |
| (3) "Third party" does not include the program for medically | 34765 |
| handicapped children established under section 3701.023 of the | 34766 |
| Revised Code. | 34767 |
| Sec. 5101.572. | 34768 |
| 34769 | |
| 34770 | |
| of job and family services in identifying individuals for the | 34771 |
| purpose of establishing third party liability pursuant to Title | 34772 |
| XIX of the Social Security Act, as amended.
| 34773 |
| (B) In furtherance of the requirement in division (A) of this | 34774 |
| section and to allow the department to determine any period that | 34775 |
| the individual or the individual's spouse or dependent may have | 34776 |
| been covered by the third party and the nature of the coverage, a | 34777 |
| third party shall provide, as the department so chooses, | 34778 |
| information or access to information, or both, in the third | 34779 |
| party's electronic data system on the department's request and in | 34780 |
| accordance with division (C) of this section. | 34781 |
| (C)(1) If the department chooses to receive information | 34782 |
| directly, the third party shall provide the information under all | 34783 |
| of the following circumstances: | 34784 |
| (a) In a medium, format, and manner prescribed by the | 34785 |
| director of job and family services in rules adopted under section | 34786 |
| 5101.591 of the Revised Code; | 34787 |
| (b) Free of charge; | 34788 |
| (c) Not later than the end of the thirtieth day after the | 34789 |
| department makes its request, unless a different time is agreed to | 34790 |
| by the director in writing. | 34791 |
| (2) If the department chooses to receive access to | 34792 |
| information, the third party shall provide access by a method | 34793 |
| prescribed by the director of job and family services in rules | 34794 |
| adopted under section 5101.591 of the Revised Code. In | 34795 |
| facilitating access, the department may enter into a trading | 34796 |
| partner agreement with the third party to permit the exchange of | 34797 |
| information via "ASC X 12N 270/271 Health Care Eligibility Benefit | 34798 |
| Inquiry and Response" transactions. | 34799 |
| (D) All of the following apply with respect to information | 34800 |
| provided by a third party to the department under this section: | 34801 |
| (1) The information is confidential and not a public record | 34802 |
| under section 149.43 of the Revised Code. | 34803 |
| (2) The release of information to the department is not to be | 34804 |
| considered a violation of any right of confidentiality or contract | 34805 |
| that the third party may have with covered persons including, but | 34806 |
| not limited to, contractees, beneficiaries, heirs, assignees, and | 34807 |
| subscribers. | 34808 |
| (3) The third party is immune from any liability that it may | 34809 |
| otherwise incur through its release of information to the | 34810 |
| department. | 34811 |
| The department of job and family services shall limit its use | 34812 |
| of information gained from third parties to purposes directly | 34813 |
|
connected with the administration of the medicaid program. | 34814 |
| (E) No third party shall disclose to other parties or make | 34815 |
| use of any information regarding recipients of aid under Chapter | 34816 |
| 5107. or 5111. of the Revised Code that it obtains from the | 34817 |
| department | 34818 |
| provided for by the director of job and family services in | 34819 |
| administrative rules. | 34820 |
| 34821 | |
| 34822 | |
| 34823 | |
| 34824 | |
| 34825 | |
| 34826 | |
| 34827 |
| Sec. 5101.573. (A) Subject to division (B) of this section, a | 34828 |
| third party shall do all of the following: | 34829 |
| (1) Accept the department of job and family services' right | 34830 |
| of recovery under section 5101.58 of the Revised Code and the | 34831 |
| assignment of rights to the department that are described in | 34832 |
| section 5101.59 of the Revised Code. | 34833 |
| (2) Respond to an inquiry by the department regarding a claim | 34834 |
| for payment of a medical item or service that was submitted to the | 34835 |
| third party not later than six years after the date of the | 34836 |
| provision of such medical item or service; | 34837 |
| (3) Pay a claim described in division (A)(2) of this section; | 34838 |
| (4) Not deny a claim submitted by the department solely on | 34839 |
| the basis of the date of submission of the claim, type or format | 34840 |
| of the claim form, or a failure by the medical assistance | 34841 |
| recipient who is the subject of the claim to present proper | 34842 |
| documentation of coverage at the time of service, if both of the | 34843 |
| following are true: | 34844 |
| (a) The claim was submitted by the department not later than | 34845 |
| six years after the date of the provision of the medical item or | 34846 |
| service; | 34847 |
| (b) An action by the department to enforce its right of | 34848 |
| recovery under section 5101.58 of the Revised Code on the claim | 34849 |
| was commenced not later than six years after the department's | 34850 |
| submission of the claim. | 34851 |
| (B) For purposes of the requirements in division (A) of this | 34852 |
| section, a third party shall treat a managed care organization as | 34853 |
| the department for a claim in which both of the following are | 34854 |
| true: | 34855 |
| (1) The individual who is the subject of the claim received a | 34856 |
| medical item or service through a managed care organization that | 34857 |
| has entered into a contract with the department of job and family | 34858 |
| services under section 5111.16 of the Revised Code; | 34859 |
| (2) The department has assigned its right of recovery for the | 34860 |
| claim to the managed care organization. | 34861 |
| Sec. 5101.574. No third party shall consider whether an | 34862 |
| individual is eligible for or receives medical assistance when | 34863 |
| either of the following applies: | 34864 |
| (A) The individual seeks to obtain a policy or enroll in a | 34865 |
| plan or program operated or administered by the third party; | 34866 |
| (B) The individual, or a person or governmental entity on the | 34867 |
| individual's behalf, seeks payment for a medical item or service | 34868 |
| provided to the individual. | 34869 |
| Sec. 5101.575. If a third party violates section 5101.572, | 34870 |
| 5101.573, or 5101.574 of the Revised Code, a governmental entity | 34871 |
| that is responsible for issuing a license, certificate of | 34872 |
| authority, registration, or approval that authorizes the third | 34873 |
| party to do business in this state shall, in accordance with | 34874 |
| Chapter 119. of the Revised Code, deny, revoke, or terminate, as | 34875 |
| determined to be appropriate by the governmental entity, the | 34876 |
| license, certificate, registration, or approval of the third | 34877 |
| party. In addition, the attorney general may petition a court of | 34878 |
| common pleas to enjoin the violation. | 34879 |
| Sec. 5101.58. | 34880 |
| 34881 | |
| 34882 | |
| 34883 | |
| 34884 |
| (A) The acceptance of
public assistance gives | 34885 |
| right of recovery to the department of job and family services and | 34886 |
| a county department of job and family services against the | 34887 |
|
liability of a third party for the cost of medical | 34888 |
| 34889 | |
| on behalf of the public assistance recipient or participant. When | 34890 |
| an action or claim is brought against a third party by a public | 34891 |
| assistance recipient or participant,
| 34892 |
| payment, settlement or compromise of the action or claim, or any | 34893 |
| court award or judgment, is subject to the recovery right of the | 34894 |
| department of job and family services or county department of job | 34895 |
| and family services. Except in the case of a recipient or | 34896 |
| participant who receives
medical | 34897 |
| through a managed care organization, the department's or county | 34898 |
| department's claim shall not exceed the
amount of medical | 34899 |
| assistance paid by | 34900 |
| recipient or participant. | 34901 |
| judgment, or award that excludes the cost of medical assistance | 34902 |
| paid for by a department shall not preclude a department from | 34903 |
| enforcing its rights under this section. | 34904 |
| (B) In the case of a recipient or participant who receives | 34905 |
| medical
| 34906 |
| organization, the amount of the department's or county | 34907 |
| department's claim shall be the amount the managed care | 34908 |
| organization pays for medical | 34909 |
| to the recipient or participant, even if that amount is more than | 34910 |
| the amount
| 34911 |
| care organization for the recipient's or participant's medical | 34912 |
| 34913 | |
| 34914 | |
| 34915 | |
| 34916 |
| | 34917 |
| the recipient's or participant's attorney, if any, shall cooperate | 34918 |
| with the departments. In furtherance of this requirement, the | 34919 |
| recipient or participant, or the recipient's or participant's | 34920 |
| attorney, if any, shall, not later than thirty days after | 34921 |
| initiating informal recovery activity or filing a legal recovery | 34922 |
| action | 34923 |
| 34924 | |
| party, provide written notice of the activity or action to the | 34925 |
| appropriate department or departments as follows: | 34926 |
| (1) To only the department of job and family services when | 34927 |
| medical assistance under medicaid has been paid; | 34928 |
| (2) To the department of job and family services and the | 34929 |
| appropriate county department of job and family services when | 34930 |
| medical assistance under the disability medical assistance program | 34931 |
| or medical assistance under the nonfederal medical assistance | 34932 |
| program has been paid. | 34933 |
| (D) The written notice that must be given under division (C) | 34934 |
| of this section shall disclose the identity and address of any | 34935 |
| third party against whom the recipient or participant has or may | 34936 |
| have a right of recovery.
| 34937 |
| 34938 | |
| 34939 | |
| 34940 | |
| 34941 | |
| 34942 | |
| 34943 |
| (E) No settlement, compromise, judgment, or award or any | 34944 |
| recovery in any action or claim by a recipient or participant | 34945 |
| where the departments have a right of recovery shall be made final | 34946 |
| without first giving the appropriate departments written notice as | 34947 |
| described in division (C) of this section and a reasonable | 34948 |
| opportunity to perfect their rights of recovery. If the | 34949 |
| departments are not given the appropriate written notice, the | 34950 |
| recipient or participant | 34951 |
| or participant's attorney, are liable to reimburse the departments | 34952 |
| for the recovery received to the extent of medical payments made | 34953 |
| by the departments. | 34954 |
| (F) The departments shall be permitted to enforce their | 34955 |
| recovery rights against the third party even though they accepted | 34956 |
| prior payments in discharge of their rights under this section if, | 34957 |
| at the time the departments received such payments, they were not | 34958 |
| aware that additional medical expenses had been incurred but had | 34959 |
| not yet been paid by the departments. The third party becomes | 34960 |
| liable to the department of job and family services or county | 34961 |
| department of job and family services as soon as the third party | 34962 |
| is notified in writing of the valid claims for recovery under this | 34963 |
| section. | 34964 |
| | 34965 |
| right of recovery of a department does not apply to that portion | 34966 |
| of any judgment, award, settlement, or compromise of a claim, to | 34967 |
| the extent of attorneys' fees, costs, or other expenses incurred | 34968 |
| by a recipient or participant in securing the judgment, award, | 34969 |
| settlement, or compromise, or to the extent of medical, surgical, | 34970 |
| and hospital expenses paid by such recipient or participant from | 34971 |
| the recipient's or participant's own
resources. | 34972 |
| 34973 | |
| 34974 |
| | 34975 |
| the total judgment, award, settlement, or compromise, plus costs | 34976 |
| and other expenses incurred by the recipient or participant in | 34977 |
| securing the judgment, award, settlement, or compromise, shall | 34978 |
| first be deducted from the total judgment, award, settlement, or | 34979 |
| compromise. After fees, costs, and other expenses are deducted | 34980 |
| from the total judgment, award, settlement, or compromise, the | 34981 |
| department of job and family services or appropriate county | 34982 |
| department of job and family services shall receive no less than | 34983 |
| one-half of the remaining amount, or the actual amount of medical | 34984 |
| assistance paid, whichever is less. | 34985 |
| (H) A right of recovery created by this section may be | 34986 |
| enforced separately or jointly by the department of job and family | 34987 |
| services or the appropriate county department of job and family | 34988 |
| services. To enforce their recovery rights, the departments may do | 34989 |
| any of the following: | 34990 |
| | 34991 |
| by the recipient or participant or on the recipient's or | 34992 |
| participant's behalf against any third party who may be liable for | 34993 |
| the cost of medical | 34994 |
| 34995 | |
| assistance paid; | 34996 |
| | 34997 |
|
third party who may be liable for the cost of medical | 34998 |
| 34999 | |
| 35000 |
| | 35001 |
| injured, diseased, or disabled recipient or participant or the | 35002 |
| recipient's
or participant's | 35003 |
| | 35004 |
| 35005 | |
| 35006 |
| (I) A recipient or participant shall not assess attorney | 35007 |
| fees, costs, or other expenses against the department of job and | 35008 |
| family services or a county department of job and family services | 35009 |
| when the department or county department enforces its right of | 35010 |
| recovery created by this section. | 35011 |
| (J) The right of recovery given to the department under this | 35012 |
| section does not include rights to support from any other person | 35013 |
| assigned to the state under sections 5107.20 and 5115.07 of the | 35014 |
| Revised Code, but includes payments made by a third party under | 35015 |
| contract with a person having a duty to support. | 35016 |
| | 35017 |
| 35018 | |
| 35019 |
| Sec. 5101.59. (A) The application for, or acceptance of, | 35020 |
| public assistance constitutes an automatic assignment of certain | 35021 |
| rights to the department of job and family services. This | 35022 |
| assignment includes the rights of the applicant, recipient, or | 35023 |
| participant and also the rights of any other member of the | 35024 |
| assistance group for whom the applicant, recipient, or participant | 35025 |
| can legally make an assignment. | 35026 |
| (B) Pursuant to this section, the applicant, recipient, or | 35027 |
| participant assigns to the department any rights to medical | 35028 |
| support available to the applicant, recipient, or participant or | 35029 |
| for other members of the assistance group under an order of a | 35030 |
| court or administrative agency, and any rights to
payments | 35031 |
| 35032 | |
| 35033 | |
| 35034 | |
| 35035 | |
| recipient or participant. The recipient or participant shall | 35036 |
| cooperate with the department in obtaining such payments. | 35037 |
| Medicare benefits shall not be assigned pursuant to this | 35038 |
| section. Benefits assigned to the department by operation of this | 35039 |
| section are directly reimbursable to the department by liable | 35040 |
| third parties. | 35041 |
| | 35042 |
| cooperate in
obtaining medical | 35043 |
| paid for self or any other member of the assistance group renders | 35044 |
| the applicant, recipient, or participant ineligible for public | 35045 |
| assistance, unless cooperation is waived by the department. | 35046 |
| Eligibility shall continue for any individual who cannot legally | 35047 |
| assign the individual's own rights and who would have been | 35048 |
| eligible for public assistance but for the refusal to assign the | 35049 |
| individual's rights or to cooperate as required by this section by | 35050 |
| another person legally able to assign the individual's rights. | 35051 |
| (D) If the applicant, recipient, or participant or any member | 35052 |
| of the assistance group becomes ineligible for public assistance, | 35053 |
| the department shall restore to the applicant, recipient, | 35054 |
| participant, or member of the assistance group any future rights | 35055 |
| to benefits assigned under this section. | 35056 |
| (E) The rights of assignment given to the department under | 35057 |
| this section do not include rights to support assigned under | 35058 |
| section 5107.20 or 5115.07 of the Revised Code. | 35059 |
| | 35060 |
| 35061 | |
| 35062 | |
| 35063 | |
| 35064 |
| Sec. 5101.591. (A) Except as provided in division (B) of this | 35065 |
| section, the director of job and family services may adopt rules | 35066 |
| in accordance with Chapter 119. of the Revised Code to implement | 35067 |
| sections 5101.571 to 5101.59 of the Revised Code, including rules | 35068 |
| that specify what constitutes cooperating with efforts to obtain | 35069 |
| support or payments, or medical assistance payments, and when | 35070 |
| cooperation may be waived. | 35071 |
| (B) The department shall adopt rules in accordance with | 35072 |
| Chapter 119. of the Revised Code to do all of the following: | 35073 |
| (1) For purposes of the definition of "information" in | 35074 |
| division (A) of section 5101.571 of the Revised Code, any data | 35075 |
| other than the data specified in that division that should be | 35076 |
| included in the definition. | 35077 |
| (2) For purposes of division (C)(1)(a) of section 5101.572 of | 35078 |
| the Revised Code, the medium, format, and manner in which a third | 35079 |
| party must provide information to the department. | 35080 |
| (3) For purposes of division (C)(2) of section 5101.572 of | 35081 |
| the Revised Code, the method by which a third party must provide | 35082 |
| the department with access to information. | 35083 |
| Sec. 5101.802. (A) As used in this section: | 35084 |
| (1) "Custodian," "guardian," and "minor child" have the same | 35085 |
| meanings as in section 5107.02 of the Revised Code. | 35086 |
| (2) "Federal poverty guidelines" has the same meaning as in | 35087 |
| section 5101.46 of the Revised Code. | 35088 |
| (3) "Kinship caregiver" has the same meaning as in section | 35089 |
| 5101.85 of the Revised Code. | 35090 |
| (B) Subject to division (E) of section 5101.801 of the | 35091 |
| Revised Code, there is hereby created the kinship permanency | 35092 |
| incentive program to promote permanency for a minor child in the | 35093 |
| legal and physical custody of a kinship caregiver. The program | 35094 |
| shall provide an initial one-time incentive payment to the kinship | 35095 |
| caregiver to defray the costs of initial placement of the minor | 35096 |
| child in the kinship caregiver's home. The program may provide | 35097 |
| additional permanency incentive payments for the minor child at | 35098 |
| six month intervals for a total period not to exceed thirty-six | 35099 |
| months. | 35100 |
| (C) A kinship caregiver may participate in the program if all | 35101 |
| of the following requirements are met: | 35102 |
| (1) The kinship caregiver applies to a public children | 35103 |
| services agency in accordance with the application process | 35104 |
| established in rules authorized by division (E) of this section; | 35105 |
|
(2) | 35106 |
| 35107 | |
| 35108 |
| | 35109 |
| 35110 | |
| 35111 | |
| 35112 | |
| the kinship caregiver, or | 35113 |
| 35114 | |
| grants guardianship to the kinship caregiver, except that a | 35115 |
| temporary court order is not sufficient to meet this requirement; | 35116 |
| | 35117 |
| custodian or guardian; | 35118 |
| | 35119 |
| pursuant to a placement approval process established in rules | 35120 |
| authorized by division (E) of this section; | 35121 |
| | 35122 |
| under division (E) of this section, the gross income of the | 35123 |
| kinship caregiver's family, including the minor child, does not | 35124 |
| exceed | 35125 |
| guidelines. | 35126 |
| (D) Public children services agencies shall make initial and | 35127 |
| ongoing eligibility determinations for the kinship permanency | 35128 |
| incentive program in accordance with rules authorized by division | 35129 |
| (E) of this section. The director of job and family services shall | 35130 |
| supervise public children services agencies' duties under this | 35131 |
| section. | 35132 |
| (E) The director of job and family services shall adopt rules | 35133 |
| under division (C) of section 5101.801 of the Revised Code as | 35134 |
| necessary to implement the kinship permanency incentive program. | 35135 |
| The rules shall establish all of the following: | 35136 |
| (1) The application process for the program; | 35137 |
| (2) The placement approval process through which a minor | 35138 |
| child is placed with a kinship caregiver for the kinship caregiver | 35139 |
| to be eligible for the program; | 35140 |
| (3) The initial and ongoing eligibility determination process | 35141 |
| for the program, including the computation of income eligibility; | 35142 |
| (4) The amount of the incentive payments provided under the | 35143 |
| program; | 35144 |
| (5) The method by which the incentive payments are provided | 35145 |
| to a kinship caregiver | 35146 |
| | 35147 |
| 35148 |
| | 35149 |
| 35150 |
| Sec. 5101.98. (A) There is hereby created in the state | 35151 |
| treasury the military injury relief fund, which shall consist of | 35152 |
| money contributed to it under section 5747.113 of the Revised | 35153 |
| Code, of incentive grants authorized by the "Jobs for Veterans | 35154 |
| Act," 116 Stat. 2033 (2002), and of contributions made directly to | 35155 |
| it. Any person or entity may contribute directly to the fund in | 35156 |
| addition to or independently of the income tax refund contribution | 35157 |
| system established in section 5747.113 of the Revised Code. | 35158 |
| (B) Upon application, the director of job and family services | 35159 |
| shall grant money in the fund to individuals injured while in | 35160 |
| active service as a member of the armed forces of the United | 35161 |
| States | 35162 |
| operation enduring freedom and to individuals diagnosed with | 35163 |
| post-traumatic stress disorder while serving, or after having | 35164 |
| served, in operation Iraqi freedom or operation enduring freedom. | 35165 |
| (C) An individual who receives a grant under this section is | 35166 |
| 35167 | |
| this section | 35168 |
| precluded from being considered for or receiving other assistance | 35169 |
| offered by the department of job and family services. | 35170 |
| (D) The director shall adopt rules under Chapter 119. of the | 35171 |
| Revised Code establishing: | 35172 |
| (1) Forms and procedures by which individuals may apply for a | 35173 |
| grant under this section; | 35174 |
| (2) Criteria for reviewing, evaluating, and | 35175 |
| or denying grant applications; | 35176 |
| (3) Criteria for determining the amount of grants awarded | 35177 |
| under this section; | 35178 |
| (4) Definitions and standards applicable to determining | 35179 |
| whether an individual meets the requirements established in | 35180 |
| division (B) of this section; | 35181 |
| (5) The process for appealing eligibility determinations; and | 35182 |
| (6) Any other rules necessary to administer the grant program | 35183 |
| established in this section. | 35184 |
| (E) An eligibility determination, a grant approval, or a | 35185 |
| grant denial made under this section may not be appealed under | 35186 |
| Chapter 119., section 5101.35, or any other provision of the | 35187 |
| Revised Code. | 35188 |
| Sec. 5104.30. (A) The department of job and family services | 35189 |
| is hereby designated as the state agency responsible for | 35190 |
| administration and coordination of federal and state funding for | 35191 |
| publicly funded child care in this state. Publicly funded child | 35192 |
| care shall be provided to the following: | 35193 |
| (1) Recipients of transitional child care as provided under | 35194 |
| section 5104.34 of the Revised Code; | 35195 |
| (2) Participants in the Ohio works first program established | 35196 |
| under Chapter 5107. of the Revised Code; | 35197 |
| (3) Individuals who would be participating in the Ohio works | 35198 |
| first program if not for a sanction under section 5107.16 of the | 35199 |
| Revised Code and who continue to participate in a work activity, | 35200 |
| developmental activity, or alternative work activity pursuant to | 35201 |
| an assignment under section 5107.42 of the Revised Code; | 35202 |
| (4) A family receiving publicly funded child care on October | 35203 |
| 1, 1997, until the family's income reaches one hundred fifty per | 35204 |
| cent of the federal poverty line; | 35205 |
| (5) Subject to available funds, other individuals determined | 35206 |
| eligible in accordance with rules adopted under section 5104.38 of | 35207 |
| the Revised Code. | 35208 |
| The department shall apply to the United States department of | 35209 |
| health and human services for authority to operate a coordinated | 35210 |
| program for publicly funded child care, if the director of job and | 35211 |
| family services determines that the application is necessary. For | 35212 |
| purposes of this section, the department of job and family | 35213 |
| services may enter into agreements with other state agencies that | 35214 |
| are involved in regulation or funding of child care. The | 35215 |
| department shall consider the special needs of migrant workers | 35216 |
| when it administers and coordinates publicly funded child care and | 35217 |
| shall develop appropriate procedures for accommodating the needs | 35218 |
| of migrant workers for publicly funded child care. | 35219 |
| (B) The department of job and family services shall | 35220 |
| distribute state and federal funds for publicly funded child care, | 35221 |
| including appropriations of state funds for publicly funded child | 35222 |
| care and appropriations of federal funds available under the child | 35223 |
| care block grant act, Title IV-A, and Title XX. The department may | 35224 |
| use any state funds appropriated for publicly funded child care as | 35225 |
| the state share required to match any federal funds appropriated | 35226 |
| for publicly funded child care. | 35227 |
| (C) In the use of federal funds available under the child | 35228 |
| care block grant act, all of the following apply: | 35229 |
| (1) The department may use the federal funds to hire staff to | 35230 |
| prepare any rules required under this chapter and to administer | 35231 |
| and coordinate federal and state funding for publicly funded child | 35232 |
| care. | 35233 |
| (2) Not more than five per cent of the aggregate amount of | 35234 |
| the federal funds received for a fiscal year may be expended for | 35235 |
| administrative costs. | 35236 |
| (3) The department shall allocate and use at least four per | 35237 |
| cent of the federal funds for the following: | 35238 |
| (a) Activities designed to provide comprehensive consumer | 35239 |
| education to parents and the public; | 35240 |
| (b) Activities that increase parental choice; | 35241 |
| (c) Activities, including child care resource and referral | 35242 |
| services, designed to improve the quality, and increase the | 35243 |
| supply, of child care; | 35244 |
| (d) Establishing a voluntary child care quality-rating | 35245 |
| program in which participation in the program may allow a child | 35246 |
| day-care center or type A or B family day-care home to be eligible | 35247 |
| for grants, technical assistance, training, or other assistance | 35248 |
| and become eligible for unrestricted monetary awards for | 35249 |
| maintaining a quality rating. | 35250 |
| (4) The department shall ensure that the federal funds will | 35251 |
| be used only to supplement, and will not be used to supplant, | 35252 |
| federal, state, and local funds available on the effective date of | 35253 |
| the child care block grant act for publicly funded child care and | 35254 |
| related programs. A county department of job and family services | 35255 |
| may purchase child care from funds obtained through any other | 35256 |
| means. | 35257 |
| (D) The department shall encourage the development of | 35258 |
| suitable child care throughout the state, especially in areas with | 35259 |
| high concentrations of recipients of public assistance and | 35260 |
| families with low incomes. The department shall encourage the | 35261 |
| development of suitable child care designed to accommodate the | 35262 |
| special needs of migrant workers. On request, the department, | 35263 |
| through its employees or contracts with state or community child | 35264 |
| care resource and referral service organizations, shall provide | 35265 |
| consultation to groups and individuals interested in developing | 35266 |
| child care. The department of job and family services may enter | 35267 |
| into interagency agreements with the department of education, the | 35268 |
| board of regents, the department of development, and other state | 35269 |
| agencies and entities whenever the cooperative efforts of the | 35270 |
| other state agencies and entities are necessary for the department | 35271 |
| of job and family services to fulfill its duties and | 35272 |
| responsibilities under this chapter. | 35273 |
| The department shall develop and maintain a registry of | 35274 |
| persons providing child care. The director shall adopt rules | 35275 |
| pursuant to Chapter 119. of the Revised Code establishing | 35276 |
| procedures and requirements for the registry's administration. | 35277 |
| (E)(1) The director shall adopt rules in accordance with | 35278 |
| Chapter 119. of the Revised Code establishing both of the | 35279 |
| following: | 35280 |
| (a) Reimbursement ceilings for providers of publicly funded | 35281 |
| child care; | 35282 |
| (b) A procedure for reimbursing and paying providers of | 35283 |
| publicly funded child care. | 35284 |
| (2) In establishing reimbursement ceilings under division | 35285 |
| (E)(1)(a) of this section, the director shall do all of the | 35286 |
| following: | 35287 |
| (a) Use the information obtained under division (B)(3) of | 35288 |
| section 5104.04 of the Revised Code; | 35289 |
| (b) Establish an enhanced reimbursement ceiling for providers | 35290 |
| who provide child care for caretaker parents who work | 35291 |
| nontraditional hours; | 35292 |
| (c) For a type B family day-care home provider that has | 35293 |
| received limited certification pursuant to rules adopted under | 35294 |
| division (G)(1) of section 5104.011 of the Revised Code, establish | 35295 |
| a reimbursement ceiling that is the following: | 35296 |
| (i) If the provider is a person described in division | 35297 |
| (G)(1)(a) of section 5104.011 of the Revised Code, seventy-five | 35298 |
| per cent of the reimbursement ceiling that applies to a type B | 35299 |
| family day-care home certified by the same county department of | 35300 |
| job and family services pursuant to section 5104.11 of the Revised | 35301 |
| Code; | 35302 |
| (ii) If the provider is a person described in division | 35303 |
| (G)(1)(b) of section 5104.011 of the Revised Code, sixty per cent | 35304 |
| of the reimbursement ceiling that applies to a type B family | 35305 |
| day-care home certified by the same county department pursuant to | 35306 |
| section 5104.11 of the Revised Code. | 35307 |
| (3) In establishing reimbursement ceilings under division | 35308 |
| (E)(1)(a) of this section, the director may establish different | 35309 |
| reimbursement ceilings based on any of the following: | 35310 |
| (a) Geographic location of the provider; | 35311 |
| (b) Type of care provided; | 35312 |
| (c) Age of the child served; | 35313 |
| (d) Special needs of the child served; | 35314 |
| (e) Whether the expanded hours of service are provided; | 35315 |
| (f) Whether weekend service is provided; | 35316 |
| (g) Whether the provider has exceeded the minimum | 35317 |
| requirements of state statutes and rules governing child care; | 35318 |
| (h) Any other factors the director considers appropriate. | 35319 |
| (F) Not later than September 1, 2007, the director shall | 35320 |
| adopt rules in accordance with Chapter 119. of the Revised Code to | 35321 |
| implement the voluntary child care quality-rating program | 35322 |
| described in division (C)(3)(d) of this section. | 35323 |
| Sec. 5107.02. As used in this chapter: | 35324 |
| (A) "Adult" means an individual who is not a minor child. | 35325 |
| (B) "Assistance group" means a group of individuals treated | 35326 |
| as a unit for purposes of determining eligibility for and the | 35327 |
| amount of assistance provided under Ohio works first. | 35328 |
| (C) "Custodian" means an individual who has legal custody, as | 35329 |
| defined in section 2151.011 of the Revised Code, of a minor child | 35330 |
| or comparable status over a minor child created by a court of | 35331 |
| competent jurisdiction in another state. | 35332 |
| (D) "Guardian" means an individual that is granted authority | 35333 |
| by a probate court pursuant to Chapter 2111. of the Revised Code, | 35334 |
| or a court of competent jurisdiction in another state, to exercise | 35335 |
| parental rights over a minor child to the extent provided in the | 35336 |
| court's order and subject to residual parental rights of the minor | 35337 |
| child's parents. | 35338 |
| (E) "LEAP program" means the learning, earning, and parenting | 35339 |
| program conducted under section 5107.30 of the Revised Code. | 35340 |
| (F) "Minor child" means either of the following: | 35341 |
| (1) An individual who has not attained age eighteen; | 35342 |
| (2) An individual who has not attained age nineteen and is a | 35343 |
| full-time student in a secondary school or in the equivalent level | 35344 |
| of vocational or technical training. | 35345 |
| | 35346 |
| either of the following: | 35347 |
| (1) Is married, at least six months pregnant, and a member of | 35348 |
| an assistance group that does not include an adult; | 35349 |
| (2) Is married and is a parent of a child included in the | 35350 |
| same assistance group that does not include an adult. | 35351 |
| | 35352 |
| this chapter known as temporary assistance for needy families in | 35353 |
| Title IV-A. | 35354 |
| | 35355 |
| adopted under section 5107.05 of the Revised Code that is the | 35356 |
| maximum amount of cash assistance an assistance group may receive | 35357 |
| under Ohio works first from state and federal funds. | 35358 |
| | 35359 |
| who are age eighteen or older: | 35360 |
| (1) The following individuals related by blood or adoption: | 35361 |
| (a) Grandparents, including grandparents with the prefix | 35362 |
| "great," "great-great," or "great-great-great"; | 35363 |
| (b) Siblings; | 35364 |
| (c) Aunts, uncles, nephews, and nieces, including such | 35365 |
| relatives with the prefix "great," "great-great," "grand," or | 35366 |
| "great-grand"; | 35367 |
| (d) First cousins and first cousins once removed. | 35368 |
| (2) Stepparents and stepsiblings; | 35369 |
| (3) Spouses and former spouses of individuals named in | 35370 |
|
division | 35371 |
| | 35372 |
| IV-D of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. | 35373 |
| 301, as amended. | 35374 |
| Sec. 5107.03. There is hereby established the Ohio works | 35375 |
| first program. The department of job and family services shall | 35376 |
| administer the program, as long as federal funds are provided for | 35377 |
| the program, in accordance with Title IV-A, federal regulations, | 35378 |
| state law, the Title IV-A state plan submitted to the United | 35379 |
| States secretary of health and human services under section | 35380 |
| 5101.80 of the Revised Code, amendments to the plan, and federal | 35381 |
| waivers granted by the United States secretary. | 35382 |
| | 35383 |
| 35384 | |
| 35385 | |
| 35386 | |
| 35387 | |
| 35388 | |
| 35389 | |
| 35390 |
| Sec. 5107.04. As used in this section, "cost-of-living | 35391 |
| adjustment" means the cost-of-living adjustment made by the United | 35392 |
| States commissioner of social security under 42 U.S.C. 415(i) for | 35393 |
| benefits provided under Title II of the "Social Security Act of | 35394 |
| 1935." | 35395 |
| The department of job and family services shall make all cash | 35396 |
| assistance payments for Ohio works first from funds appropriated | 35397 |
| for the Ohio works first program. The amount of a cash assistance | 35398 |
| payment the department is to make to an assistance group shall be | 35399 |
| determined in accordance with rules adopted under section 5107.05 | 35400 |
| of the Revised Code and shall not exceed the payment standard. The | 35401 |
| department shall increase the payment standard on January 1, 2009, | 35402 |
| and the first day of each January thereafter by the cost-of-living | 35403 |
| adjustment made in the immediately preceding December. | 35404 |
| A county department of job and family services may use county | 35405 |
| funds to increase the amount of cash assistance an assistance | 35406 |
| group receives. An increase in the amount of cash assistance that | 35407 |
| results from such a use of county funds shall not be included as | 35408 |
| countable income, gross earned income, or gross unearned income of | 35409 |
| the assistance group. | 35410 |
| Sec. 5107.05. The director of job and family services shall | 35411 |
| adopt rules to implement this chapter. The rules shall be | 35412 |
| consistent with Title IV-A, Title IV-D, federal regulations, state | 35413 |
| law, the Title IV-A state plan submitted to the United States | 35414 |
| secretary of health and human services under section 5101.80 of | 35415 |
| the Revised Code, amendments to the plan, and waivers granted by | 35416 |
| the United States secretary. Rules governing eligibility, program | 35417 |
| participation, and other applicant and participant requirements | 35418 |
| shall be adopted in accordance with Chapter 119. of the Revised | 35419 |
| Code. Rules governing financial and other administrative | 35420 |
| requirements applicable to the department of job and family | 35421 |
| services and county departments of job and family services shall | 35422 |
| be adopted in accordance with section 111.15 of the Revised Code. | 35423 |
| (A) The rules shall specify, establish, or govern all of the | 35424 |
| following: | 35425 |
| (1) A payment standard for Ohio works first based on federal | 35426 |
| and state appropriations that is increased in accordance with | 35427 |
| section 5107.04 of the Revised Code; | 35428 |
| (2) | 35429 |
| Code, the method of determining the amount of cash assistance an | 35430 |
| assistance group receives under Ohio works first; | 35431 |
| (3) Requirements for initial and continued eligibility for | 35432 |
| Ohio works first, including requirements regarding income, | 35433 |
|
citizenship, age, residence, and assistance group composition | 35434 |
| 35435 | |
| 35436 | |
| 35437 |
| (4) For the purpose of section 5107.12 of the Revised Code, | 35438 |
| application and verification procedures, including the minimum | 35439 |
| information an
application must contain | 35440 |
| 35441 | |
| 35442 | |
| 35443 | |
| 35444 | |
| 35445 |
| (5) The extent to which a participant of Ohio works first | 35446 |
| must notify, pursuant to section 5107.12 of the Revised Code, a | 35447 |
| county department of job and family services of additional income | 35448 |
| not previously reported to the county department; | 35449 |
| (6) For the purpose of section 5107.16 of the Revised Code, | 35450 |
| standards for the determination of good cause for failure or | 35451 |
| refusal to comply in full with a provision of a self-sufficiency | 35452 |
| contract; | 35453 |
| (7) The department of job and family services providing | 35454 |
| written notice of a sanction under section 5107.161 of the Revised | 35455 |
| Code; | 35456 |
| | 35457 |
| support payments owed participants of Ohio works first pursuant to | 35458 |
| section 5107.20 of the Revised Code; | 35459 |
| | 35460 |
| Code, what constitutes cooperating in establishing a minor child's | 35461 |
| paternity or establishing, modifying, or enforcing a child support | 35462 |
| order and
good cause for failure or refusal to cooperate | 35463 |
| 35464 |
| | 35465 |
| 35466 | |
| definitions of "equivalent of a high school diploma" and "good | 35467 |
| cause," and the incentives provided under the LEAP program; | 35468 |
| | 35469 |
| Revised Code, the requirements governing the award provided under | 35470 |
| that section, including the form that the award is to take and | 35471 |
| requirements an individual must satisfy to receive the award; | 35472 |
| | 35473 |
| and family services may exempt a minor head of household or adult | 35474 |
| from participating in a work activity or developmental activity | 35475 |
| for all or some of the weekly hours otherwise required by section | 35476 |
| 5107.43 of the
Revised Code. | 35477 |
| 35478 | |
| 35479 | |
| 35480 |
| | 35481 |
| subsidize positions created by state agencies and political | 35482 |
| subdivisions under division (C) of section 5107.52 of the Revised | 35483 |
| Code. | 35484 |
| (B) The rules adopted under division (A)(3) of this section | 35485 |
| regarding income shall specify what is countable income, gross | 35486 |
| earned income, and gross unearned income for the purpose of | 35487 |
| section 5107.10 of the Revised Code. | 35488 |
| The rules adopted under division (A)(9) of this section shall | 35489 |
| be consistent with 42 U.S.C. 654(29). | 35490 |
| The rules adopted under division (A)(12) of this section | 35491 |
| shall specify that the circumstances include that a school or | 35492 |
| place of work is closed due to a holiday or weather or other | 35493 |
| emergency and that an employer grants the minor head of household | 35494 |
| or adult leave for illness or earned vacation. | 35495 |
| (C) The rules may provide that a county department of job and | 35496 |
| family services is not required to take action under section | 35497 |
| 5107.76 of the Revised Code to recover an erroneous payment that | 35498 |
| is below an amount the department specifies. | 35499 |
| Sec. 5107.10. (A) As used in this section: | 35500 |
| (1) "Countable income," "gross earned income," and "gross | 35501 |
| unearned income" have the meanings established in rules adopted | 35502 |
| under section 5107.05 of the Revised Code. | 35503 |
| (2) "Federal poverty guidelines" has the same meaning as in | 35504 |
| section 5101.46 of the Revised Code, except that references to a | 35505 |
| person's family in the definition shall be deemed to be references | 35506 |
| to the person's assistance group. | 35507 |
| (3) "Gross income" means gross earned income and gross | 35508 |
| unearned income. | 35509 |
| (4) | 35510 |
| 35511 |
| | 35512 |
| | 35513 |
| 35514 | |
| 35515 |
| | 35516 |
| report to duty; willful absence from one's position; or stoppage | 35517 |
| of work in whole from the full, faithful, and proper performance | 35518 |
| of the duties of employment, for the purpose of inducing, | 35519 |
| influencing, or coercing a change in wages, hours, terms, and | 35520 |
| other conditions of employment. "Strike" does not include a | 35521 |
| stoppage of work by employees in good faith because of dangerous | 35522 |
| or unhealthful working conditions at the place of employment that | 35523 |
| are abnormal to the place of employment. | 35524 |
| (B) Under the Ohio works first program, an assistance group | 35525 |
| shall receive, except as otherwise provided by this chapter, | 35526 |
| time-limited cash assistance. In the case of an assistance group | 35527 |
| that includes a minor head of household or adult, assistance shall | 35528 |
| be provided in accordance with the self-sufficiency contract | 35529 |
| entered into under section 5107.14 of the Revised Code. | 35530 |
| (C) To be eligible to participate in Ohio works first, an | 35531 |
| assistance group must meet all of the following requirements: | 35532 |
| (1) The assistance group, except as provided in division (E) | 35533 |
| of this section, must include at least one of the following: | 35534 |
| (a) A minor child who, except as provided in section 5107.24 | 35535 |
| of the Revised Code, resides with a parent, or specified relative | 35536 |
| caring for the child, or, to the extent permitted by Title IV-A | 35537 |
| and federal regulations adopted until Title IV-A, resides with a | 35538 |
| guardian or custodian caring for the child; | 35539 |
| (b) A parent residing with and caring for the parent's minor | 35540 |
| child who receives supplemental security income under Title XVI of | 35541 |
| the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, | 35542 |
| as amended, or federal, state, or local adoption assistance; | 35543 |
| (c) A specified relative residing with and caring for a minor | 35544 |
| child who is related to the specified relative in a manner that | 35545 |
| makes the specified relative a specified relative and receives | 35546 |
| supplemental security income or federal, state, or local foster | 35547 |
| care or adoption assistance; | 35548 |
| (d) A woman at least six months pregnant. | 35549 |
| (2) The assistance group must meet the income requirements | 35550 |
| established by division (D) of this section. | 35551 |
| (3) No member of the assistance group may be involved in a | 35552 |
| strike. | 35553 |
| (4) The assistance group must satisfy the requirements for | 35554 |
| Ohio works first established by this chapter and sections 5101.58, | 35555 |
| 5101.59, and 5101.83 of the Revised Code. | 35556 |
| (5) The assistance group must meet requirements for Ohio | 35557 |
| works first established by rules adopted under section 5107.05 of | 35558 |
| the Revised Code. | 35559 |
| (D)(1) Except as provided in division (D)(4) of this section, | 35560 |
| to determine whether an assistance group is initially eligible to | 35561 |
| participate in Ohio works first, a county department of job and | 35562 |
| family services shall do the following: | 35563 |
| (a) Determine whether the assistance group's gross income | 35564 |
|
exceeds | 35565 |
| federal poverty guidelines. In making this determination, the | 35566 |
| county department shall disregard amounts that federal statutes or | 35567 |
| regulations and sections 5101.17 and 5117.10 of the Revised Code | 35568 |
| require be disregarded. The assistance group is ineligible to | 35569 |
| participate in Ohio works first if the assistance group's gross | 35570 |
| income, less the
amounts disregarded, exceeds | 35571 |
| 35572 | |
| guidelines. | 35573 |
| (b) If the assistance group's gross income, less the amounts | 35574 |
| disregarded pursuant to division (D)(1)(a) of this section, does | 35575 |
|
not exceed | 35576 |
| federal poverty guidelines, determine whether the assistance | 35577 |
| group's countable income is less than the payment standard. The | 35578 |
| assistance group is ineligible to participate in Ohio works first | 35579 |
| if the assistance group's countable income equals or exceeds the | 35580 |
| payment standard. | 35581 |
| (2) For the purpose of determining whether an assistance | 35582 |
| group meets the income requirement established by division | 35583 |
| (D)(1)(a) of this section, the annual revision that the United | 35584 |
| States department of health and human services makes to the | 35585 |
| federal poverty guidelines shall go into effect on the first day | 35586 |
| of July of the year for which the revision is made. | 35587 |
| (3) To determine whether an assistance group participating in | 35588 |
| Ohio works first continues to be eligible to participate, a county | 35589 |
| department of job and family services shall determine whether the | 35590 |
| assistance group's countable income continues to be less than the | 35591 |
| payment standard. In making this determination, the county | 35592 |
| department shall disregard the first two hundred fifty dollars and | 35593 |
| fifty per cent of the remainder of the assistance group's gross | 35594 |
| earned income. No amounts shall be disregarded from the assistance | 35595 |
| group's gross unearned income. The assistance group ceases to be | 35596 |
| eligible to participate in Ohio works first if its countable | 35597 |
| income, less the amounts disregarded, equals or exceeds the | 35598 |
| payment standard. | 35599 |
| (4) If an assistance group reapplies to participate in Ohio | 35600 |
| works first not more than four months after ceasing to | 35601 |
| participate, a county department of job and family services shall | 35602 |
| use the income requirement established by division (D)(3) of this | 35603 |
| section to determine eligibility for resumed participation rather | 35604 |
| than the income requirement established by division (D)(1) of this | 35605 |
| section. | 35606 |
| (E)(1) An assistance group may continue to participate in | 35607 |
| Ohio works first even though a public children services agency | 35608 |
| removes the assistance group's minor children from the assistance | 35609 |
| group's home due to abuse, neglect, or dependency if the agency | 35610 |
| does both of the following: | 35611 |
| (a) Notifies the county department of job and family services | 35612 |
| at the time the agency removes the children that it believes the | 35613 |
| children will be able to return to the assistance group within six | 35614 |
| months; | 35615 |
| (b) Informs the county department at the end of each of the | 35616 |
| first five months after the agency removes the children that the | 35617 |
| parent, guardian, custodian, or specified relative of the children | 35618 |
| is cooperating with the case plans prepared for the children under | 35619 |
| section 2151.412 of the Revised Code and that the agency is making | 35620 |
| reasonable efforts to return the children to the assistance group. | 35621 |
| (2) An assistance group may continue to participate in Ohio | 35622 |
| works first pursuant to division (E)(1) of this section for not | 35623 |
| more than six payment months. This division does not affect the | 35624 |
| eligibility of an assistance group that includes a woman at least | 35625 |
| six months pregnant. | 35626 |
| Sec. 5107.12. An assistance group seeking to participate in | 35627 |
| the Ohio works first program shall apply to a county department of | 35628 |
| job and family services using an application containing | 35629 |
| information the director of job and family services requires | 35630 |
| pursuant to rules adopted under section 5107.05 of the Revised | 35631 |
| Code and any additional information the county department | 35632 |
| requires. If cash assistance under the program is to be paid by | 35633 |
| the director of budget and management through the medium of direct | 35634 |
| deposit as provided by section 329.03 of the Revised Code, the | 35635 |
| application shall be accompanied by information the director needs | 35636 |
| to make direct deposits. | 35637 |
| When a county department receives an application for | 35638 |
| participation in Ohio works first, it shall promptly make an | 35639 |
| investigation and record of the circumstances of the applicant in | 35640 |
| order to ascertain the facts surrounding the application and to | 35641 |
| obtain such other information as may be required. Upon the | 35642 |
| completion of the investigation, the county department shall | 35643 |
| determine as soon as possible whether the applicant is eligible to | 35644 |
| participate, the amount of cash assistance the applicant should | 35645 |
| receive, and the approximate date when participation shall begin. | 35646 |
| The county department shall not delay making the determination of | 35647 |
| whether the applicant is eligible to participate on the basis that | 35648 |
| the individuals required by section 5107.14 of the Revised Code to | 35649 |
| enter into a written self-sufficiency contract with the county | 35650 |
| department have not yet done that. The amount of cash assistance | 35651 |
| so determined shall be certified to the department of job and | 35652 |
| family services in such form as the department shall prescribe. | 35653 |
| Warrants, direct deposits, or debit cards shall be delivered or | 35654 |
| made payable in the manner the department may prescribe. | 35655 |
| To the extent required by rules adopted under section 5107.05 | 35656 |
| of the Revised Code, a participant of Ohio works first shall | 35657 |
| notify the county department immediately upon the receipt or | 35658 |
| possession of additional income not previously reported to the | 35659 |
| county department. Any failure to so notify a county department | 35660 |
| shall be regarded as prima-facie evidence of an intent to defraud. | 35661 |
| Sec. 5107.14. (A) An assistance group is ineligible to | 35662 |
|
participate in
Ohio works first unless | 35663 |
| 35664 | |
| 35665 | |
| 35666 | |
| written self-sufficiency contract with the county department of | 35667 |
| job and family services not later than thirty days after the | 35668 |
| assistance group applies for or undergoes a redetermination of | 35669 |
| eligibility for the program: | 35670 |
| (1) Each adult member of the assistance group; | 35671 |
| (2) The assistance group's minor head of household unless the | 35672 |
| minor head of household is participating in the LEAP program. | 35673 |
| (B) A self-sufficiency contract shall set forth the rights | 35674 |
| and responsibilities of the assistance group as applicants for and | 35675 |
|
participants of | 35676 |
| 35677 | |
| 35678 | |
| 35679 | |
| 35680 | |
| 35681 |
| | 35682 |
| include, based on appraisals conducted under section 5107.41 of | 35683 |
| the Revised Code and assessments conducted under section 5107.70 | 35684 |
| of the Revised Code, the following: | 35685 |
| | 35686 |
| 5107.41 of the Revised Code, to achieve the goal of self | 35687 |
| sufficiency and personal responsibility through unsubsidized | 35688 |
| employment within the time limit for participating in Ohio works | 35689 |
| first established by section 5107.18 of the Revised Code; | 35690 |
| | 35691 |
| alternative work activities to which members of the assistance | 35692 |
| group are assigned under sections 5107.40 to 5107.69 of the | 35693 |
| Revised Code; | 35694 |
| | 35695 |
| assistance group to cooperate in establishing a minor child's | 35696 |
| paternity and establishing, modifying, and enforcing a support | 35697 |
| order for the child in accordance with section 5107.22 of the | 35698 |
| Revised Code; | 35699 |
| | 35700 |
| group must satisfy to participate in Ohio works first and the | 35701 |
| consequences for failure or refusal to satisfy the | 35702 |
| responsibilities; | 35703 |
| | 35704 |
| with the conditions of participating in Ohio works first | 35705 |
| established by this chapter and sections 5101.58, 5101.59, and | 35706 |
| 5101.83 of the Revised Code; | 35707 |
| | 35708 |
| provide to the assistance group; | 35709 |
| | 35710 |
| agency and public children services agency will provide to the | 35711 |
| assistance group pursuant to a plan of cooperation entered into | 35712 |
| under section 307.983 of the Revised Code; | 35713 |
| | 35714 |
| group in achieving self sufficiency and personal responsibility; | 35715 |
| | 35716 |
| being satisfied and whether the contract should be amended; | 35717 |
| | 35718 |
| (C) No self-sufficiency contract shall include provisions | 35719 |
| regarding the LEAP program. | 35720 |
| (D) The county department shall provide without charge a copy | 35721 |
| of the self-sufficiency contract to each assistance group member | 35722 |
| who signs it. | 35723 |
| Sec. 5107.16. (A) If a member of an assistance group fails | 35724 |
| or refuses, without good cause, to comply in full with a provision | 35725 |
| of a self-sufficiency contract entered into under section 5107.14 | 35726 |
| of the Revised Code, a county department of job and family | 35727 |
| services shall sanction the assistance group as follows: | 35728 |
| (1) For a first failure or refusal, the county department | 35729 |
| shall deny or terminate the assistance group's eligibility to | 35730 |
|
participate in Ohio works first for one payment month | 35731 |
| 35732 |
| (2) For a second failure or refusal, the county department | 35733 |
| shall deny or terminate the assistance group's eligibility to | 35734 |
|
participate in Ohio works first for three payment months | 35735 |
| 35736 |
| (3) For a third or subsequent failure or refusal, the county | 35737 |
| department shall deny or terminate the assistance group's | 35738 |
| eligibility to participate in Ohio works first for six payment | 35739 |
|
months | 35740 |
| 35741 |
| (B) | 35742 |
| services shall establish standards for the determination of good | 35743 |
| cause for failure or refusal to comply in full with a provision of | 35744 |
| a self-sufficiency contract in rules adopted under section 5107.05 | 35745 |
| of the Revised Code. | 35746 |
| | 35747 |
| 35748 | |
| 35749 | |
| 35750 | |
| 35751 |
| | 35752 |
| 35753 |
| | 35754 |
| 35755 | |
| 35756 | |
| 35757 | |
| 35758 | |
| 35759 | |
| 35760 | |
| 35761 | |
| 35762 |
| | 35763 |
| 35764 |
| | 35765 |
| 35766 |
| | 35767 |
| 35768 |
| | 35769 |
| 35770 | |
| 35771 | |
| 35772 |
| (C) | 35773 |
| 35774 | |
| 35775 | |
| 35776 | |
| 35777 | |
| 35778 | |
| 35779 | |
| 35780 | |
| 35781 | |
| 35782 |
| | 35783 |
| of this section, a county department of job and family services | 35784 |
| shall continue to
work with the assistance
group | 35785 |
| 35786 | |
| 35787 | |
| 35788 | |
| 35789 |
| | 35790 |
| pursuant to division (A)(1)(a) of section 5111.01 of the Revised | 35791 |
| Code who is sanctioned under division (A)(3) of this section for a | 35792 |
| failure or refusal, without good cause, to comply in full with a | 35793 |
| provision of a self-sufficiency contract related to work | 35794 |
| responsibilities under sections 5107.40 to 5107.69 of the Revised | 35795 |
| Code loses eligibility for
| 35796 |
| adult is otherwise eligible for
| 35797 |
| pursuant to another division of section 5111.01 of the Revised | 35798 |
| Code. | 35799 |
| | 35800 |
| works first if not for a sanction under this section shall | 35801 |
| continue to be eligible for all of the following: | 35802 |
| (1) Publicly funded child care in accordance with division | 35803 |
| (A)(3) of section 5104.30 of the Revised Code; | 35804 |
| (2) Support services in accordance with section 5107.66 of | 35805 |
| the Revised Code; | 35806 |
| (3) To the extent permitted by the "Fair Labor Standards Act | 35807 |
| of 1938," 52 Stat. 1060, 29 U.S.C. | 35808 |
| participate in work activities, developmental activities, and | 35809 |
| alternative work activities in accordance with sections 5107.40 to | 35810 |
| 5107.69 of the Revised Code. | 35811 |
| Sec. 5107.17. An assistance group that resumes participation | 35812 |
| in Ohio works first following a sanction under section 5107.16 of | 35813 |
| the Revised Code is not required to do either of the following: | 35814 |
| (A) Reapply under section 5107.12 of the Revised Code, unless | 35815 |
| it is the assistance group's regularly scheduled time for an | 35816 |
| eligibility redetermination; | 35817 |
| (B) Enter into a new self-sufficiency contract under section | 35818 |
| 5107.14 of the Revised Code, unless the county department of job | 35819 |
| and family services determines it is time for a new appraisal | 35820 |
| under section 5107.41 of the Revised Code or the assistance | 35821 |
| group's circumstances have changed in a manner necessitating an | 35822 |
| amendment to the self-sufficiency contract as determined using | 35823 |
| procedures included in
the contract under division | 35824 |
| section 5107.14 of the Revised Code. | 35825 |
| Sec. 5107.281. A participant of Ohio works first who is | 35826 |
| enrolled in a school district in a county that is participating in | 35827 |
| the learnfare program and is not younger than age six but not | 35828 |
| older than age nineteen shall participate in the learnfare program | 35829 |
| unless one of the following is the case: | 35830 |
| (A) The participant is not yet eligible for enrollment in | 35831 |
| first grade; | 35832 |
| (B) The participant is subject to the LEAP
program | 35833 |
| 35834 |
| (C) The participant has received one of the following: | 35835 |
| (1) A high school diploma; | 35836 |
| (2) A certificate stating that the participant has achieved | 35837 |
| the equivalent of a high school education as measured by scores | 35838 |
| obtained on the tests of general educational development as | 35839 |
| published by the American council on education. | 35840 |
| (D) The participant has been excused from school attendance | 35841 |
| pursuant to section 3321.04 of the Revised Code; | 35842 |
| (E) If child care services for a member of the participant's | 35843 |
| household are necessary for the participant to attend school, | 35844 |
| child care licensed or certified under Chapter 5104. of the | 35845 |
| Revised Code or under sections 3301.52 to 3301.59 of the Revised | 35846 |
| Code and transportation to and from the child care are not | 35847 |
| available; | 35848 |
| (F) The participant has been adjudicated a delinquent or | 35849 |
| unruly child pursuant to section 2151.28 of the Revised Code. | 35850 |
| Sec. 5107.30. (A) As used in this section: | 35851 |
| (1) "Equivalent of a high school diploma" and "good cause" | 35852 |
| have the meanings established in rules adopted under section | 35853 |
| 5107.05 of the Revised Code. | 35854 |
| (2) | 35855 |
| 35856 |
| | 35857 |
| the following apply: | 35858 |
| (a) The individual is a participant of Ohio works first; | 35859 |
| (b) The individual is under age eighteen or is age eighteen | 35860 |
| and in school and is a natural or adoptive parent or is pregnant; | 35861 |
| (c) The individual is subject to the LEAP program's | 35862 |
| requirements. | 35863 |
| | 35864 |
| to lead to the attainment of a high school diploma or the | 35865 |
| equivalent of a high school diploma. | 35866 |
| (B) The director of job and family services may conduct a | 35867 |
| program titled the "LEAP program" in accordance with rules adopted | 35868 |
| under section 5107.05 of the Revised Code. The purpose of the LEAP | 35869 |
| program is to encourage teens to complete school. | 35870 |
| Every participating teen shall attend school in accordance | 35871 |
| with the requirements governing the LEAP program unless the | 35872 |
| participating teen shows good cause for not attending school. The | 35873 |
| department shall provide, in addition to the cash assistance | 35874 |
| payment provided under Ohio works first, an incentive payment, in | 35875 |
| an amount determined by the department, to every participating | 35876 |
| teen who attends school in accordance with the requirements | 35877 |
| governing the LEAP program. In addition to the incentive payment, | 35878 |
| the department may provide other incentives to participating teens | 35879 |
| who attend school in accordance with the LEAP program's | 35880 |
| requirements. The department shall reduce the cash assistance | 35881 |
| payment, in an amount determined by the department, under Ohio | 35882 |
| works first to every participating teen who fails or refuses, | 35883 |
| without good cause, to meet the LEAP program's requirements. | 35884 |
| Every participating teen shall enter into a written agreement | 35885 |
| with the county department of job and family services that | 35886 |
| specifies all of the following: | 35887 |
| (1) The participating teen, to be eligible to receive the | 35888 |
| incentive payment and other incentives, if any, under this | 35889 |
| section, must meet the requirements of the LEAP program. | 35890 |
| (2) The incentive payment and other incentives, if any, will | 35891 |
| be provided if the participating teen meets the requirements of | 35892 |
| the LEAP program. | 35893 |
| (3) The participating teen's cash assistance payment under | 35894 |
| Ohio works first will be reduced if the participating teen fails | 35895 |
| or refuses without good cause to attend school in accordance with | 35896 |
| the requirements governing the LEAP program. | 35897 |
| (C) A minor head of | 35898 |
| household's participation in the LEAP program
shall be | 35899 |
| 35900 | |
| 35901 | |
| department of job and family services meets the requirement of | 35902 |
| section 5107.44 of the Revised Code. | 35903 |
| 35904 | |
| 35905 |
| (D) Subject to the availability of funds, county departments | 35906 |
| of job and family services shall provide for participating teens | 35907 |
| to receive support services the county department determines to be | 35908 |
| necessary for LEAP participation. Support services may include | 35909 |
| publicly funded child care under Chapter 5104. of the Revised | 35910 |
| Code, transportation, and other services. | 35911 |
| Sec. 5107.36. An individual is | 35912 |
| 35913 | |
| the following apply: | 35914 |
| (A) The individual is a fugitive felon as defined in section | 35915 |
| 5101.20 of the Revised Code; | 35916 |
| (B) The individual is violating a condition of probation, a | 35917 |
| community control sanction, parole, or a post-release control | 35918 |
| sanction imposed under federal or state law. | 35919 |
| Sec. 5107.41. As soon as possible after an assistance group | 35920 |
| submits an application to participate in Ohio works first, the | 35921 |
| county department of job and family services that receives the | 35922 |
| application shall schedule and conduct an appraisal of each member | 35923 |
| of the assistance group who is a minor head of household or adult, | 35924 |
| other than a minor head of household participating in the LEAP | 35925 |
| program. The appraisal may include an evaluation of the | 35926 |
| employment, educational, physiological, and psychological | 35927 |
| abilities or liabilities, or both, of the minor head of household | 35928 |
| or adult. At the appraisal, the county department shall develop | 35929 |
| with the minor head of household or adult a plan for the | 35930 |
| assistance group to achieve the goal of self sufficiency and | 35931 |
| personal responsibility through unsubsidized employment within the | 35932 |
| time limit for participating in the Ohio works first program | 35933 |
| established by section 5107.18 of the Revised Code. The plan shall | 35934 |
| include assignments to one or more work activities, developmental | 35935 |
| activities, or alternative work activities in accordance with | 35936 |
| section 5107.42 of the Revised Code. The county department shall | 35937 |
| include the plan in the self-sufficiency contract entered into | 35938 |
| under section 5107.14 of the Revised Code. | 35939 |
| The county department shall conduct more appraisals of the | 35940 |
| minor head of household or adult at times the county department | 35941 |
| determines. | 35942 |
| If the minor head of household or adult claims to have a | 35943 |
| medically determinable physiological or psychological impairment, | 35944 |
| illness, or disability, the county department may require that the | 35945 |
| minor head of household or adult undergo an independent medical or | 35946 |
| psychological examination at a time and place reasonably | 35947 |
| convenient to the minor head of household or adult. | 35948 |
| Sec. 5107.42. (A) Except as provided in divisions (B) and | 35949 |
| (C) of this section, county departments of job and family services | 35950 |
| shall assign each minor head of household and adult participating | 35951 |
| in Ohio works first, other than a minor head of household | 35952 |
| participating in the LEAP program, to one or more work activities | 35953 |
| and developmental activities. | 35954 |
| If a county department assigns a minor head of household or | 35955 |
| adult to the work activity established under division (H) of | 35956 |
| section 5107.60 of the Revised Code, the county department shall | 35957 |
| make reasonable efforts to assign the minor head of household or | 35958 |
| adult to at least one other work activity at the same time. If a | 35959 |
| county department assigns a minor head of household or adult to | 35960 |
| the work activity established under section 5107.58 of the Revised | 35961 |
| Code, the county department shall assign the minor head of | 35962 |
| household or adult to at least one other work activity at the same | 35963 |
| time. | 35964 |
| A county department may not assign a minor head of household | 35965 |
| or adult to a work activity established under division (D) of | 35966 |
| section 5107.60 of the Revised Code for more than twelve months. | 35967 |
| (B) If a county department determines that a minor head of | 35968 |
| household or adult has a temporary or permanent barrier to | 35969 |
| participation in a work activity, it may assign the minor head of | 35970 |
| household or adult to one or more alternative work activities | 35971 |
| instead of assigning the minor head of household or adult to one | 35972 |
| or more work activities or developmental activities. A county | 35973 |
| department may not assign more than twenty per cent of minor heads | 35974 |
| of household and adults participating in Ohio works first to an | 35975 |
| alternative work activity. | 35976 |
| County departments shall establish standards for determining | 35977 |
| whether a minor head of household or adult has a temporary or | 35978 |
| permanent barrier to participating in a work activity. The | 35979 |
| following are examples of circumstances that a county department | 35980 |
| may consider when it develops its standards: | 35981 |
| (1) A minor head of household or adult provides the county | 35982 |
| department documented evidence that one or more members of the | 35983 |
| assistance group have been the victim of domestic violence and are | 35984 |
| in imminent danger of suffering continued domestic violence; | 35985 |
| (2) A minor head of household or adult is actively | 35986 |
| participating in an alcohol or drug addiction program certified by | 35987 |
| the department of alcohol and drug addiction services under | 35988 |
| section 3793.06 of the Revised Code; | 35989 |
| (3) An assistance group is homeless. | 35990 |
| (C) A county department may exempt a minor head of household | 35991 |
| or adult who is unmarried and caring for a minor child under | 35992 |
| twelve months of age from the work requirements of sections | 35993 |
| 5107.40 to 5107.69 of the Revised Code for not more than twelve | 35994 |
| months. While exempt, the minor head of household or adult shall | 35995 |
| be disregarded in determining whether the county department is | 35996 |
| meeting the requirement of section 5107.44 of the Revised Code. | 35997 |
| The county department shall assign the exempt minor head of | 35998 |
| household or adult to at least one developmental activity for a | 35999 |
| number of hours a week the county department determines. The | 36000 |
| county department may assign the exempt minor head of household or | 36001 |
| adult to one or more work activities, in addition to developmental | 36002 |
| activities, for a number of hours the county department | 36003 |
| determines. Division (B) of section 5107.43 of the Revised Code | 36004 |
| does not apply to the exempt minor head of household or adult. | 36005 |
| (D) A county department may reassign a minor head of | 36006 |
| household or adult when the county department determines | 36007 |
| reassignment will aid the assistance group in achieving self | 36008 |
| sufficiency and personal responsibility and shall make | 36009 |
| reassignments when circumstances requiring reassignment occur, | 36010 |
| including when a temporary barrier to participating in a work | 36011 |
| activity is eliminated. | 36012 |
| A county department shall include assignments in the | 36013 |
| self-sufficiency contract entered into under section 5107.14 of | 36014 |
| the Revised Code and shall amend the contract when a reassignment | 36015 |
| is made to include the reassignment in the contract. | 36016 |
| Sec. 5111.01. As used in this chapter, "medical assistance | 36017 |
| program" or "medicaid" means the program that is authorized by | 36018 |
| this chapter and provided by the department of job and family | 36019 |
| services under this chapter, Title XIX of the "Social Security | 36020 |
| Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended, and the | 36021 |
| waivers of Title XIX requirements granted to the department by the | 36022 |
| 36023 | |
| medicaid services of the United States department of health and | 36024 |
| human services. | 36025 |
| The department of job and family services shall act as the | 36026 |
| single state agency to supervise the administration of the | 36027 |
| medicaid program. As the single state agency, the department shall | 36028 |
| comply with 42 C.F.R. 431.10(e). The department's rules governing | 36029 |
| medicaid are binding on other agencies that administer components | 36030 |
| of the medicaid program. No agency may establish, by rule or | 36031 |
| otherwise, a policy governing medicaid that is inconsistent with a | 36032 |
| medicaid policy established, in rule or otherwise, by the director | 36033 |
| of job and family services. | 36034 |
| (A) The department of job and family services may provide | 36035 |
| medical assistance under the medicaid program as long as federal | 36036 |
| funds are provided for such assistance, to the following: | 36037 |
| (1) Families with children that meet either of the following | 36038 |
| conditions: | 36039 |
| (a) The family meets the income, resource, and family | 36040 |
| composition requirements in effect on July 16, 1996, for the | 36041 |
| former aid to dependent children program as those requirements | 36042 |
| were established by Chapter 5107. of the Revised Code, federal | 36043 |
| waivers granted pursuant to requests made under former section | 36044 |
| 5101.09 of the Revised Code, and rules adopted by the department | 36045 |
| or any changes the department makes to those requirements in | 36046 |
| accordance with paragraph (a)(2) of section 114 of the "Personal | 36047 |
| Responsibility and Work Opportunity Reconciliation Act of 1996," | 36048 |
| 110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of | 36049 |
| implementing section 5111.019 of the Revised Code. An adult loses | 36050 |
| eligibility for medical assistance under division (A)(1)(a) of | 36051 |
|
this section pursuant to division
| 36052 |
| Revised Code. | 36053 |
| (b) The family does not meet the requirements specified in | 36054 |
| division (A)(1)(a) of this section but is eligible for medical | 36055 |
| assistance pursuant to section 5101.18 of the Revised Code. | 36056 |
| (2) Aged, blind, and disabled persons who meet the following | 36057 |
| conditions: | 36058 |
| (a) Receive federal aid under Title XVI of the "Social | 36059 |
| Security Act," or are eligible for but are not receiving such aid, | 36060 |
| provided that the income from all other sources for individuals | 36061 |
| with independent living arrangements shall not exceed one hundred | 36062 |
| seventy-five dollars per month. The income standards hereby | 36063 |
| established shall be adjusted annually at the rate that is used by | 36064 |
| the United States department of health and human services to | 36065 |
| adjust the amounts payable under Title XVI. | 36066 |
| (b) Do not receive aid under Title XVI, but meet any of the | 36067 |
| following criteria: | 36068 |
| (i) Would be eligible to receive such aid, except that their | 36069 |
| income, other than that excluded from consideration as income | 36070 |
| under Title XVI, exceeds the maximum under division (A)(2)(a) of | 36071 |
| this section, and incurred expenses for medical care, as | 36072 |
| determined under federal regulations applicable to section 209(b) | 36073 |
| of the "Social Security Amendments of 1972," 86 Stat. 1381, 42 | 36074 |
| U.S.C.A. 1396a(f), as amended, equal or exceed the amount by which | 36075 |
| their income exceeds the maximum under division (A)(2)(a) of this | 36076 |
| section; | 36077 |
| (ii) Received aid for the aged, aid to the blind, or aid for | 36078 |
| the permanently and totally disabled prior to January 1, 1974, and | 36079 |
| continue to meet all the same eligibility requirements; | 36080 |
| (iii) Are eligible for medical assistance pursuant to section | 36081 |
| 5101.18 of the Revised Code. | 36082 |
| (3) Persons to whom federal law requires, as a condition of | 36083 |
| state participation in the medicaid program, that medical | 36084 |
| assistance be provided; | 36085 |
| (4) Persons under age twenty-one who meet the income | 36086 |
| requirements for the Ohio works first program established under | 36087 |
| Chapter 5107. of the Revised Code but do not meet other | 36088 |
| eligibility requirements for the program. The director shall | 36089 |
| adopt rules in accordance with Chapter 119. of the Revised Code | 36090 |
| specifying which Ohio works first requirements shall be waived for | 36091 |
| the purpose of providing medicaid eligibility under division | 36092 |
| (A)(4) of this section. | 36093 |
| (B) If sufficient funds are appropriated for | 36094 |
| 36095 | |
| department may provide medical assistance to persons in groups | 36096 |
| designated by federal law as groups to which a state, at its | 36097 |
| option, may provide medical assistance under the medicaid program. | 36098 |
| (C) The department may expand eligibility for medical | 36099 |
| assistance to include individuals under age nineteen with family | 36100 |
| incomes at or below one hundred fifty per cent of the federal | 36101 |
| poverty guidelines, except that the eligibility expansion shall | 36102 |
| not occur unless the department receives the approval of the | 36103 |
| federal government. The department may implement the eligibility | 36104 |
| expansion authorized under this division on any date selected by | 36105 |
| the department, but not sooner than January 1, 1998. | 36106 |
| (D) In addition to any other authority or requirement to | 36107 |
| adopt rules under this chapter, the director may adopt rules in | 36108 |
| accordance with section 111.15 of the Revised Code as the director | 36109 |
| considers necessary to establish standards, procedures, and other | 36110 |
| requirements regarding the provision of medical assistance. The | 36111 |
| rules may establish requirements to be followed in applying for | 36112 |
| medical assistance, making determinations of eligibility for | 36113 |
| medical assistance, and verifying eligibility for medical | 36114 |
| assistance. The rules may include special conditions as the | 36115 |
| department determines appropriate for making applications, | 36116 |
| determining eligibility, and verifying eligibility for any medical | 36117 |
| assistance that the department may provide pursuant to division | 36118 |
| (C) of this section and section 5111.014 or 5111.019 of the | 36119 |
| Revised Code. | 36120 |
| Sec. 5111.014. (A) The director of job and family services | 36121 |
| shall submit to the United States secretary of health and human | 36122 |
| services an amendment to the state medicaid plan to make an | 36123 |
| individual who meets all of the following requirements eligible | 36124 |
| for medicaid: | 36125 |
| (1) The individual is pregnant; | 36126 |
| (2) The individual's family income does not exceed | 36127 |
| hundred | 36128 |
| (3) The individual satisfies all relevant requirements | 36129 |
| established by rules adopted under division (D) of section 5111.01 | 36130 |
| of the Revised Code. | 36131 |
| (B) If approved by the United States secretary of health and | 36132 |
| human services, the director of job and family services shall | 36133 |
| implement the medicaid plan amendment submitted under division (A) | 36134 |
| of this section as soon as possible after receipt of notice of the | 36135 |
| approval, but not
sooner than January 1, | 36136 |
| Sec. 5111.016. (A) As used in this section, "healthcheck" has | 36137 |
| the same meaning as in section 3313.714 of the Revised Code. | 36138 |
| (B) | 36139 |
|
department of job and family services shall | 36140 |
| in accordance with Chapter 119. of the Revised Code establishing a | 36141 |
| combination of written and oral methods designed to provide | 36142 |
| information about healthcheck to all persons eligible for the | 36143 |
| program or their parents or guardians. The department shall ensure | 36144 |
| that its methods of providing information are effective. The | 36145 |
| methods shall comply with federal law and regulations. | 36146 |
| Each county department of job and family services or other | 36147 |
| entity that distributes or accepts applications for medical | 36148 |
| assistance
shall prominently display | 36149 |
| 36150 |
| | 36151 |
| 36152 | |
| 36153 | |
| 36154 | |
| 36155 | |
| with the rules adopted under this division. | 36156 |
| Sec. 5111.019. | 36157 |
| shall submit to the United States secretary of health and human | 36158 |
| services an amendment to the state medicaid plan to make an | 36159 |
| individual eligible for medicaid who meets all of the following | 36160 |
| requirements | 36161 |
| 36162 |
| | 36163 |
| years of age and resides with the child; | 36164 |
| | 36165 |
| per cent of the federal poverty guidelines; | 36166 |
| | 36167 |
| | 36168 |
| established by rules adopted under division (D) of section 5111.01 | 36169 |
| of the Revised Code. | 36170 |
| | 36171 |
| 36172 | |
| 36173 |
| Sec. 5111.0112. (A) | 36174 |
| director of job and family services
shall
institute a | 36175 |
| cost-sharing program under the medicaid program. | 36176 |
| 36177 | |
| cost-sharing program, the director shall comply with federal law. | 36178 |
| The cost-sharing program shall establish a copayment requirement | 36179 |
| for | 36180 |
| emergency department services, and prescription drugs, other than | 36181 |
| generic drugs. The cost-sharing program shall establish | 36182 |
| requirements regarding premiums, enrollment fees, deductions, and | 36183 |
| similar charges. The director shall adopt rules under section | 36184 |
| 5111.02 of the Revised Code governing the copayment program. | 36185 |
| (B) The | 36186 |
| permitted by federal law, provide for all of the following with | 36187 |
| regard to any providers participating in the medicaid program: | 36188 |
| (1) No provider shall refuse to provide a service to a | 36189 |
| medicaid recipient who is unable to pay a required copayment for | 36190 |
| the service. | 36191 |
| (2) Division (B)(1) of this section shall not be considered | 36192 |
| to do either of the following with regard to a medicaid recipient | 36193 |
| who is unable to pay a required copayment: | 36194 |
| (a) Relieve the medicaid recipient from the obligation to pay | 36195 |
| a copayment; | 36196 |
| (b) Prohibit the provider from attempting to collect an | 36197 |
| unpaid copayment. | 36198 |
| (3) Except as provided in division (C) of this section, no | 36199 |
| provider shall waive a medicaid recipient's obligation to pay the | 36200 |
| provider a copayment. | 36201 |
| (4) No provider or drug manufacturer, including the | 36202 |
| manufacturer's representative, employee, independent contractor, | 36203 |
| or agent, shall pay any copayment on behalf of a medicaid | 36204 |
| recipient. | 36205 |
| (5) If it is the routine business practice of the provider to | 36206 |
| refuse service to any individual who owes an outstanding debt to | 36207 |
| the provider, the provider may consider an unpaid copayment | 36208 |
| imposed by the | 36209 |
| debt and may refuse service to a medicaid recipient who owes the | 36210 |
| provider an outstanding debt. If the provider intends to refuse | 36211 |
| service to a medicaid recipient who owes the provider an | 36212 |
| outstanding debt, the provider shall notify the individual of the | 36213 |
| provider's intent to refuse services. | 36214 |
| (C) In the case of a provider that is a hospital, the | 36215 |
| 36216 | |
| action to collect a copayment by providing, at the time services | 36217 |
| are rendered to a medicaid recipient, notice that a copayment may | 36218 |
| be owed. If the hospital provides the notice and chooses not to | 36219 |
| take any further action to pursue collection of the copayment, the | 36220 |
| prohibition against waiving copayments specified in division | 36221 |
| (B)(3) of this section does not apply. | 36222 |
| (D) The department of job and family services may work with a | 36223 |
| state agency that is administering, pursuant to a contract entered | 36224 |
| into under section 5111.91 of the Revised Code, one or more | 36225 |
| components of the medicaid program or one or more aspects of a | 36226 |
| component as necessary for the state agency to apply the | 36227 |
| cost-sharing program to the components or aspects of the medicaid | 36228 |
| program that the state agency administers. | 36229 |
| Sec. 5111.0119. (A) The director of job and family services | 36230 |
| shall submit to the United States secretary of health and human | 36231 |
| services an amendment to the state medicaid plan to establish the | 36232 |
| medicaid buy-in program in accordance with 42 U.S.C. | 36233 |
| 1396a(a)(10)(A)(ii)(XV) and (XVI). | 36234 |
| (B) The director of job and family services shall adopt rules | 36235 |
| under section 5111.011 of the Revised Code to implement this | 36236 |
| section. | 36237 |
| Sec. 5111.023. (A) As used in this section: | 36238 |
| (1) "Community mental health facility" means a community | 36239 |
| mental health facility that has a quality assurance program | 36240 |
| accredited by the joint commission on accreditation of healthcare | 36241 |
| organizations or is certified by the department of mental health | 36242 |
| or department of job and family services. | 36243 |
| (2) "Mental health professional" means a person qualified to | 36244 |
| work with mentally ill persons under the standards established by | 36245 |
| the director of mental health pursuant to section 5119.611 of the | 36246 |
| Revised Code. | 36247 |
| (B) The state medicaid plan shall include provision of the | 36248 |
| following mental health services when provided by community mental | 36249 |
| health facilities: | 36250 |
| (1) Outpatient mental health services, including, but not | 36251 |
| limited to, preventive, diagnostic, therapeutic, rehabilitative, | 36252 |
| and palliative interventions rendered to individuals in an | 36253 |
| individual or group setting by a mental health professional in | 36254 |
| accordance with a plan of treatment appropriately established, | 36255 |
| monitored, and reviewed; | 36256 |
| (2) Partial-hospitalization mental health services | 36257 |
| 36258 | |
| supervised by a mental health professional; | 36259 |
| (3) Unscheduled, emergency mental health services of a kind | 36260 |
| ordinarily provided to persons in crisis when rendered by persons | 36261 |
| supervised by a mental health professional; | 36262 |
| (4) Subject to receipt of federal approval, assertive | 36263 |
| community treatment and intensive home-based mental health | 36264 |
| services. | 36265 |
| (C) The comprehensive annual plan shall certify the | 36266 |
| availability of sufficient unencumbered community mental health | 36267 |
| state subsidy and local funds to match federal medicaid | 36268 |
| reimbursement funds earned by community mental health facilities. | 36269 |
| (D) The department of job and family services shall enter | 36270 |
| into a separate contract with the department of mental health | 36271 |
| under section 5111.91 of the Revised Code with regard to the | 36272 |
| component of the medicaid program provided for by this section. | 36273 |
| (E) Not later than July 21, 2006, the department of job and | 36274 |
| family services shall request federal approval to provide | 36275 |
| assertive community treatment and intensive home-based mental | 36276 |
| health services under medicaid pursuant to this section. | 36277 |
| (F) On receipt of federal approval sought under division (E) | 36278 |
| of this section, the director of job and family services shall | 36279 |
| adopt rules in accordance with Chapter 119. of the Revised Code | 36280 |
| for assertive community treatment and intensive home-based mental | 36281 |
| health services provided under medicaid pursuant to this section. | 36282 |
| The director shall consult with the department of mental health in | 36283 |
| adopting the rules. | 36284 |
| Sec. 5111.028. (A) Pursuant to section 5111.02 of the Revised | 36285 |
| Code, the director of job and family services shall adopt rules | 36286 |
| establishing the use of time-limited provider agreements under the | 36287 |
| medicaid program. Under the rules, each provider agreement shall | 36288 |
| expire three years from the effective date of the agreement. | 36289 |
| (B) The rules for use of time-limited provider agreements | 36290 |
| shall include a process for re-enrollment of providers. All of the | 36291 |
| following apply to the re-enrollment process: | 36292 |
| (1) The department may terminate a time-limited provider | 36293 |
| agreement or deny re-enrollment when a provider fails to file an | 36294 |
| application for re-enrollment within the time and in the manner | 36295 |
| required under the re-enrollment process. | 36296 |
| (2) If a provider files an application for re-enrollment | 36297 |
| within the time and in the manner required under the re-enrollment | 36298 |
| process, but the provider agreement expires before the department | 36299 |
| acts on the application or before the effective date of the | 36300 |
| department's decision on the application, the provider may | 36301 |
| continue operating under the terms of the expired provider | 36302 |
| agreement until the effective date of the department's decision. | 36303 |
| (3) A decision by the department to approve an application | 36304 |
| for re-enrollment becomes effective on the date of the | 36305 |
| department's decision. A decision by the department to deny | 36306 |
| re-enrollment shall take effect not sooner than thirty days after | 36307 |
| the date the department mails written notice of the decision to | 36308 |
| the provider. The department shall specify in the notice the date | 36309 |
| on which the provider is required to cease operating under the | 36310 |
| provider agreement. | 36311 |
| (C) Pursuant to section 5111.06 of the Revised Code, the | 36312 |
| department is not required to take the actions specified in | 36313 |
| division (B)(1) of this section by issuing an order pursuant to an | 36314 |
| adjudication conducted in accordance with Chapter 119. of the | 36315 |
| Revised Code. | 36316 |
| Sec. 5111.029. The medicaid program shall cover occupational | 36317 |
| therapy services provided by an occupational therapist licensed | 36318 |
| under section 4755.08 of the Revised Code. Coverage shall not be | 36319 |
| limited to services provided in a hospital or nursing facility. | 36320 |
| Any licensed occupational therapist may enter into a medicaid | 36321 |
| provider agreement with the department of job and family services | 36322 |
| to provide occupational therapy services under the medicaid | 36323 |
| program. | 36324 |
| Sec. 5111.03. (A) No provider of services or goods | 36325 |
| contracting with the department of job and family services | 36326 |
| pursuant to the medicaid program shall, by deception, obtain or | 36327 |
| attempt to obtain payments under this chapter to which the | 36328 |
| provider is not entitled pursuant to the provider agreement, or | 36329 |
| the rules of the federal government or the department of job and | 36330 |
| family services relating to the program. No provider shall | 36331 |
| willfully receive payments to which the provider is not entitled, | 36332 |
| or willfully receive payments in a greater amount than that to | 36333 |
| which the provider is entitled; nor shall any provider falsify any | 36334 |
| report or document required by state or federal law, rule, or | 36335 |
| provider agreement relating to medicaid payments. As used in this | 36336 |
| section, a provider engages in "deception" when the provider, | 36337 |
| acting with actual knowledge of the representation or information | 36338 |
| involved, acting in deliberate ignorance of the truth or falsity | 36339 |
| of the representation or information involved, or acting in | 36340 |
| reckless disregard of the truth or falsity of the representation | 36341 |
| or information involved, deceives another or causes another to be | 36342 |
| deceived by any false or misleading representation, by withholding | 36343 |
| information, by preventing another from acquiring information, or | 36344 |
| by any other conduct, act, or omission that creates, confirms, or | 36345 |
| perpetuates a false impression in another, including a false | 36346 |
| impression as to law, value, state of mind, or other objective or | 36347 |
| subjective fact. No proof of specific intent to defraud is | 36348 |
| required to show, for purposes of this section, that a provider | 36349 |
| has engaged in deception. | 36350 |
| (B) Any provider who violates division (A) of this section | 36351 |
| shall be liable, in addition to any other penalties provided by | 36352 |
| law, for all of the following civil penalties: | 36353 |
| (1) Payment of interest on the amount of the excess payments | 36354 |
| at the maximum interest rate allowable for real estate mortgages | 36355 |
| under section 1343.01 of the Revised Code on the date the payment | 36356 |
| was made to the provider for the period from the date upon which | 36357 |
| payment was made, to the date upon which repayment is made to the | 36358 |
| state; | 36359 |
| (2) Payment of an amount equal to three times the amount of | 36360 |
| any excess payments; | 36361 |
| (3) Payment of a sum of not less than five thousand dollars | 36362 |
| and not more than ten thousand dollars for each deceptive claim or | 36363 |
| falsification; | 36364 |
| (4) All reasonable expenses which the court determines have | 36365 |
| been necessarily incurred by the state in the enforcement of this | 36366 |
| section. | 36367 |
| (C) As used in this division, "intermediate care facility for | 36368 |
| the mentally retarded" and "nursing facility" have the same | 36369 |
| meanings given in section 5111.20 of the Revised Code. | 36370 |
| In addition to the civil penalties provided in division (B) | 36371 |
| of this section, the director of job and family services, upon the | 36372 |
| conviction of, or the entry of a judgment in either a criminal or | 36373 |
| civil action against, a medicaid provider or its owner, officer, | 36374 |
| authorized agent, associate, manager, or employee in an action | 36375 |
| brought pursuant to section 109.85 of the Revised Code, shall | 36376 |
| terminate the provider agreement between the department and the | 36377 |
| provider and stop reimbursement to the provider for services | 36378 |
| rendered | 36379 |
| conviction or entry of judgment. As used in
this | 36380 |
| "owner" means any person having at least five per cent ownership | 36381 |
| in the medicaid provider. No such provider, owner, officer, | 36382 |
| authorized agent, associate, manager, or employee shall own or | 36383 |
| provide services to any other medicaid provider or risk contractor | 36384 |
| or arrange for, render, or order services for medicaid recipients | 36385 |
| 36386 | |
| 36387 | |
| 36388 | |
| authorized agent, associate, manager, or employee receive | 36389 |
| reimbursement in the form of direct payments from the department | 36390 |
| or indirect payments of medicaid funds in the form of salary, | 36391 |
| shared fees, contracts, kickbacks, or rebates from or through any | 36392 |
| participating provider or risk contractor. The provider agreement | 36393 |
| shall not be terminated or reimbursement terminated if the | 36394 |
| provider or owner can demonstrate that the provider or owner did | 36395 |
| not directly or indirectly sanction the action of its authorized | 36396 |
| agent, associate, manager, or employee that resulted in the | 36397 |
| conviction or entry of a judgment in a criminal or civil action | 36398 |
| brought pursuant to section 109.85 of the Revised Code. Nothing in | 36399 |
| this division prohibits any owner, officer, authorized agent, | 36400 |
| associate, manager, or employee of a medicaid provider from | 36401 |
| entering into a medicaid provider agreement if the person can | 36402 |
| demonstrate that the person had no knowledge of an action of the | 36403 |
| medicaid provider the person was formerly associated with that | 36404 |
| resulted in the conviction or entry of a judgment in a criminal or | 36405 |
| civil action brought pursuant to section 109.85 of the Revised | 36406 |
| Code. | 36407 |
| Nursing facility or intermediate care facility for the | 36408 |
| mentally retarded providers whose agreements are terminated | 36409 |
| pursuant to this section may continue to receive reimbursement for | 36410 |
| up to thirty days after the effective date of the termination if | 36411 |
| the provider makes reasonable efforts to transfer recipients to | 36412 |
| another facility or to alternate care and if federal funds are | 36413 |
| provided for such reimbursement. | 36414 |
| (D) For any reason permitted or required by federal law, the | 36415 |
| director of job and family services may deny a provider agreement | 36416 |
| or terminate a provider agreement. | 36417 |
| For any reason permitted or required by federal law, the | 36418 |
| director may exclude an individual, provider of services or goods, | 36419 |
| or other entity from participation in the medicaid program. No | 36420 |
| individual, provider, or entity excluded under this division shall | 36421 |
| own or provide services to any other medicaid provider or risk | 36422 |
| contractor or arrange for, render, or order services for medicaid | 36423 |
| recipients during the period of exclusion, nor, during the period | 36424 |
| of exclusion, shall such individual, provider, or entity receive | 36425 |
| reimbursement in the form of direct payments from the department | 36426 |
| or indirect payments of medicaid funds in the form of salary, | 36427 |
| shared fees, contracts, kickbacks, or rebates from or through any | 36428 |
| participating provider or risk contractor. An excluded individual, | 36429 |
| provider, or entity may request a reconsideration of the | 36430 |
| exclusion. The director shall adopt rules in accordance with | 36431 |
| Chapter 119. of the Revised Code governing the process for | 36432 |
| requesting a reconsideration. | 36433 |
| Nothing in this division limits the applicability of section | 36434 |
| 5111.06 of the Revised Code to a medicaid provider. | 36435 |
| (E) Any provider of services or goods contracting with the | 36436 |
| department of job and family services pursuant to Title XIX of the | 36437 |
| "Social Security Act," who, without intent, obtains payments under | 36438 |
| this chapter in excess of the amount to which the provider is | 36439 |
| entitled, thereby becomes liable for payment of interest on the | 36440 |
| amount of the excess payments at the maximum real estate mortgage | 36441 |
| rate on the date the payment was made to the provider for the | 36442 |
| period from the date upon which payment was made to the date upon | 36443 |
| which repayment is made to the state. | 36444 |
| | 36445 |
| commence proceedings to enforce this section in any court of | 36446 |
| competent jurisdiction; and the attorney general may settle or | 36447 |
| compromise any case brought under this section with the approval | 36448 |
| of the department of job and family services. Notwithstanding any | 36449 |
| other provision of law providing a shorter period of limitations, | 36450 |
| the attorney general may commence a proceeding to enforce this | 36451 |
| section at any time within six years after the conduct in | 36452 |
| violation of this section terminates. | 36453 |
| | 36454 |
| department of job and family services or a county department of | 36455 |
| job and family services to recover excess payments made to a | 36456 |
| provider is not limited by the availability of remedies under | 36457 |
| sections 5111.11 and 5111.12 of the Revised Code for recovering | 36458 |
| benefits paid on behalf of recipients of medical assistance. | 36459 |
| The penalties under this chapter apply to any overpayment, | 36460 |
| billing, or falsification occurring on and after April 24, 1978. | 36461 |
| All moneys collected by the state pursuant to this section shall | 36462 |
| be deposited in the state treasury to the credit of the general | 36463 |
| revenue fund. | 36464 |
| Sec. 5111.031. (A) As used in this section: | 36465 |
| (1) "Independent provider" has the same meaning as in section | 36466 |
| 5111.034 of the Revised Code. | 36467 |
| (2) "Intermediate care facility for the mentally retarded" | 36468 |
| and "nursing facility" have the same meanings as in section | 36469 |
| 5111.20 of the Revised Code. | 36470 |
| (3) "Noninstitutional medicaid provider" means any person or | 36471 |
| entity with a medicaid provider agreement other than a hospital, | 36472 |
| nursing facility, or intermediate care facility for the mentally | 36473 |
| retarded. | 36474 |
| (4) "Owner" means any person having at least five per cent | 36475 |
| ownership in a noninstitutional medicaid provider. | 36476 |
| (B) Notwithstanding any provision of this chapter to the | 36477 |
| contrary, the department of job and family services shall take | 36478 |
| action under this section against a noninstitutional medicaid | 36479 |
| provider or its owner, officer, authorized agent, associate, | 36480 |
| manager, or employee. | 36481 |
| (C) Except as provided in division (D) of this section and in | 36482 |
| rules adopted by the department under division (H) of this | 36483 |
| section, on receiving notice and a copy of an indictment that is | 36484 |
| issued on or after the effective date of this section and charges | 36485 |
| a noninstitutional medicaid provider or its owner, officer, | 36486 |
| authorized agent, associate, manager, or employee with committing | 36487 |
| an offense specified in division (E) of this section, the | 36488 |
| department shall suspend the provider agreement held by the | 36489 |
| noninstitutional medicaid provider. Subject to division (D) of | 36490 |
| this section, the department shall also terminate medicaid | 36491 |
| reimbursement to the provider for services rendered. | 36492 |
| The suspension shall continue in effect until the proceedings | 36493 |
| in the criminal case are completed through conviction, dismissal | 36494 |
| of the indictment, plea, or finding of not guilty. If the | 36495 |
| department commences a process to terminate the suspended provider | 36496 |
| agreement, the suspension shall continue in effect until the | 36497 |
| termination process is concluded. Pursuant to section 5111.06 of | 36498 |
| the Revised Code, the department is not required to take action | 36499 |
| under this division by issuing an order pursuant to an | 36500 |
| adjudication conducted in accordance with Chapter 119. of the | 36501 |
| Revised Code. | 36502 |
| When subject to a suspension under this division, a provider, | 36503 |
| owner, officer, authorized agent, associate, manager, or employee | 36504 |
| shall not own or provide services to any other medicaid provider | 36505 |
| or risk contractor or arrange for, render, or order services for | 36506 |
| medicaid recipients during the period of suspension. During the | 36507 |
| period of suspension, the provider, owner, officer, authorized | 36508 |
| agent, associate, manager, or employee shall not receive | 36509 |
| reimbursement in the form of direct payments from the department | 36510 |
| or indirect payments of medicaid funds in the form of salary, | 36511 |
| shared fees, contracts, kickbacks, or rebates from or through any | 36512 |
| participating provider or risk contractor. | 36513 |
| (D)(1) The department shall not suspend a provider agreement | 36514 |
| or terminate medicaid reimbursement under division (C) of this | 36515 |
| section if the provider or owner can demonstrate that the provider | 36516 |
| or owner did not directly or indirectly sanction the action of its | 36517 |
| authorized agent, associate, manager, or employee that resulted in | 36518 |
| the indictment. | 36519 |
| (2) The termination of medicaid reimbursement applies only to | 36520 |
| payments for medicaid services rendered subsequent to the date on | 36521 |
| which the notice required under division (F) of this section is | 36522 |
| sent. Claims for reimbursement for medicaid services rendered by | 36523 |
| the provider prior to the issuance of the notice may be subject to | 36524 |
| prepayment review procedures whereby the department reviews claims | 36525 |
| to determine whether they are supported by sufficient | 36526 |
| documentation, are in compliance with state and federal statutes | 36527 |
| and rules, and are otherwise complete. | 36528 |
| (E)(1) In the case of a noninstitutional medicaid provider | 36529 |
| that is not an independent provider, the suspension of a provider | 36530 |
| agreement under division (C) of this section applies when an | 36531 |
| indictment charges a person with committing an act that would be a | 36532 |
| felony or misdemeanor under the laws of this state and the act | 36533 |
| relates to or results from either of the following: | 36534 |
| (a) Furnishing or billing for medical care, services, or | 36535 |
| supplies under the medicaid program; | 36536 |
| (b) Participating in the performance of management or | 36537 |
| administrative services relating to furnishing medical care, | 36538 |
| services, or supplies under the medicaid program. | 36539 |
| (2) In the case of a noninstitutional medicaid provider that | 36540 |
| is an independent provider, the suspension of a provider agreement | 36541 |
| under division (C) of this section applies when an indictment | 36542 |
| charges a person with committing an act that would constitute one | 36543 |
| of the offenses specified in division (D) of section 5111.034 of | 36544 |
| the Revised Code. | 36545 |
| (F) Not later than five days after suspending a provider | 36546 |
| agreement under division (C) of this section, the department shall | 36547 |
| send notice of the suspension to the affected provider or owner. | 36548 |
| In providing the notice, the department shall do all of the | 36549 |
| following: | 36550 |
| (1) Describe the indictment that was the cause of the | 36551 |
| suspension, without necessarily disclosing specific information | 36552 |
| concerning any ongoing civil or criminal investigation; | 36553 |
| (2) State that the suspension will continue in effect until | 36554 |
| the proceedings in the criminal case are completed through | 36555 |
| conviction, dismissal of the indictment, plea, or finding of not | 36556 |
| guilty and, if the department commences a process to terminate the | 36557 |
| suspended provider agreement, until the termination process is | 36558 |
| concluded; | 36559 |
| (3) Inform the provider or owner of the opportunity to submit | 36560 |
| to the department, not later than thirty days after receiving the | 36561 |
| notice, a request for a reconsideration pursuant to division (G) | 36562 |
| of this section. | 36563 |
| (G)(1) A noninstitutional medicaid provider or owner subject | 36564 |
| to a suspension under this section may request a reconsideration. | 36565 |
| The request shall be made not later than thirty days after receipt | 36566 |
| of the notice provided under division (F) of this section. The | 36567 |
| reconsideration is not subject to an adjudication hearing pursuant | 36568 |
| to Chapter 119. of the Revised Code. | 36569 |
| (2) In requesting a reconsideration, the provider or owner | 36570 |
| shall submit written information and documents to the department. | 36571 |
| The information and documents may pertain to any of the following | 36572 |
| issues: | 36573 |
| (a) Whether the determination to suspend the provider | 36574 |
| agreement was based on a mistake of fact, other than the validity | 36575 |
| of the indictment; | 36576 |
| (b) Whether any offense charged in the indictment resulted | 36577 |
| from an offense specified in division (E) of this section; | 36578 |
| (c) Whether the provider or owner can demonstrate that the | 36579 |
| provider or owner did not directly or indirectly sanction the | 36580 |
| action of its authorized agent, associate, manager, or employee | 36581 |
| that resulted in the indictment. | 36582 |
| (3) The department shall review the information and documents | 36583 |
| submitted in a request for reconsideration. After the review, the | 36584 |
| suspension may be affirmed, reversed, or modified, in whole or in | 36585 |
| part. The department shall notify the affected provider or owner | 36586 |
| of the results of the review. The review and notification of its | 36587 |
| results shall be completed not later than forty-five days after | 36588 |
| receiving the information and documents submitted in a request for | 36589 |
| reconsideration. | 36590 |
| (H) The department may adopt rules in accordance with Chapter | 36591 |
| 119. of the Revised Code to implement this section. The rules may | 36592 |
| specify circumstances under which the department would not suspend | 36593 |
| a provider agreement pursuant to this section. | 36594 |
| Sec. 5111.032. (A) As used in this section: | 36595 |
| (1) "Criminal records check" has the same meaning as in | 36596 |
| section 109.572 of the Revised Code. | 36597 |
| (2) "Department" includes a designee of the department of job | 36598 |
| and family services. | 36599 |
| (3) "Owner" means a person who has an ownership interest in a | 36600 |
| provider in an amount designated by the department of job and | 36601 |
| family services in rules adopted under this section. | 36602 |
| (4) "Provider" means a person, institution, or entity that | 36603 |
| has a provider agreement with the department of job and family | 36604 |
| services pursuant to Title XIX of the "Social Security Act," 49 | 36605 |
| State. 620 (1965), 42 U.S.C. 1396, as amended. | 36606 |
| (B)(1) Except as provided in division (B)(2) of this section, | 36607 |
| the department of job and family services may require that any | 36608 |
| provider, applicant to be a provider, employee or prospective | 36609 |
| employee of a provider, owner or prospective owner of a provider, | 36610 |
| officer or prospective officer of a provider, or board member or | 36611 |
| prospective board member of a provider submit to a criminal | 36612 |
| records check as a condition of obtaining a provider agreement, | 36613 |
| continuing to hold a provider agreement, being employed by a | 36614 |
| provider, having an ownership interest in a provider, or being an | 36615 |
| officer or board member of a provider. The department may | 36616 |
| designate the categories of persons who are subject to the | 36617 |
| criminal records check requirement. The department shall designate | 36618 |
| the times at which the criminal records checks must be conducted. | 36619 |
| (2) The section does not apply to providers, applicants to be | 36620 |
| providers, employees of a provider, or prospective employees of a | 36621 |
| provider who are subject to criminal records checks under section | 36622 |
| 5111.033 or 5111.034 of the Revised Code. | 36623 |
| (C)(1) The department shall inform each provider or applicant | 36624 |
| to be a provider whether the provider or applicant is subject to a | 36625 |
| criminal records check requirement under division (B) of this | 36626 |
| section. For providers, the information shall be given at times | 36627 |
| designated in rules adopted under this section. For applicants to | 36628 |
| be providers, the information shall be given at the time of | 36629 |
| initial application. When the information is given, the department | 36630 |
| shall specify which of the provider's or applicant's employees or | 36631 |
| prospective employees, owners or prospective owners, officers or | 36632 |
| prospective officers, or board members or prospective board | 36633 |
| members are subject to the criminal records check requirement. | 36634 |
| (2) At times designated in rules adopted under this section, | 36635 |
| a provider that is subject to the criminal records check | 36636 |
| requirement shall inform each person specified by the department | 36637 |
| under division (C)(1) of this section that the person is required, | 36638 |
| as applicable, to submit to a criminal records check for final | 36639 |
| consideration for employment in a full-time, part-time, or | 36640 |
| temporary position; as a condition of continued employment; or as | 36641 |
| a condition of becoming or continuing to be an officer, board | 36642 |
| member or owner of a provider. | 36643 |
| (D)(1) If a provider or applicant to be a provider is subject | 36644 |
| to a criminal records check under this section, the department | 36645 |
| shall require the conduct of a criminal records check by the | 36646 |
| superintendent of the bureau of criminal identification and | 36647 |
| investigation. If a provider or applicant to be a provider for | 36648 |
| whom a criminal records check is required does not present proof | 36649 |
| of having been a resident of this state for the five-year period | 36650 |
| immediately prior to the date the criminal records check is | 36651 |
| requested or provide evidence that within that five-year period | 36652 |
| the superintendent has requested information about the individual | 36653 |
| from the federal bureau of investigation in a criminal records | 36654 |
| check, the department shall require the provider or applicant to | 36655 |
| request that the superintendent obtain information from the | 36656 |
| federal bureau of investigation as part of the criminal records | 36657 |
| check of the provider or applicant. Even if a provider or | 36658 |
| applicant for whom a criminal records check request is required | 36659 |
| presents proof of having been a resident of this state for the | 36660 |
| five-year period, the department may require that the provider or | 36661 |
| applicant request that the superintendent obtain information from | 36662 |
| the federal bureau of investigation and include it in the criminal | 36663 |
| records check of the provider or applicant. | 36664 |
| (2) A provider shall require the conduct of a criminal | 36665 |
| records check by the superintendent with respect to each of the | 36666 |
| persons specified by the department under division (C)(1) of this | 36667 |
| section. If the person for whom a criminal records check is | 36668 |
| required does not present proof of having been a resident of this | 36669 |
| state for the five-year period immediately prior to the date the | 36670 |
| criminal records check is requested or provide evidence that | 36671 |
| within that five-year period the superintendent of the bureau of | 36672 |
| criminal identification and investigation has requested | 36673 |
| information about the individual from the federal bureau of | 36674 |
| investigation in a criminal records check, the individual shall | 36675 |
| request that the superintendent obtain information from the | 36676 |
| federal bureau of investigation as part of the criminal records | 36677 |
| check of the individual. Even if an individual for whom a criminal | 36678 |
| records check request is required presents proof of having been a | 36679 |
| resident of this state for the five-year period, the department | 36680 |
| may require the provider to request that the superintendent obtain | 36681 |
| information from the federal bureau of investigation and include | 36682 |
| it in the criminal records check of the person. | 36683 |
| (E)(1) Criminal records checks required under this section | 36684 |
| for providers or applicants to be providers shall be obtained as | 36685 |
| follows: | 36686 |
| (a) The department shall provide each provider or applicant | 36687 |
| information about accessing and completing the form prescribed | 36688 |
| pursuant to division (C)(1) of section 109.572 of the Revised Code | 36689 |
| and the standard fingerprint impression sheet prescribed pursuant | 36690 |
| to division (C)(2) of that section. | 36691 |
| (b) The provider or applicant shall submit the required form | 36692 |
| and one complete set of fingerprint impressions directly to the | 36693 |
| superintendent for purposes of conducting the criminal records | 36694 |
| check using the applicable methods prescribed by division (C) of | 36695 |
| section 109.572 of the Revised Code. The applicant or provider | 36696 |
| shall pay all fees associated with obtaining the criminal records | 36697 |
| check. | 36698 |
| (c) The superintendent shall conduct the criminal records | 36699 |
| check in accordance with section 109.572 of the Revised Code. The | 36700 |
| provider or applicant shall instruct the superintendent to submit | 36701 |
| the report of the criminal records check directly to the director | 36702 |
| of job and family services. | 36703 |
| (2) Criminal records checks required under this section for | 36704 |
| persons specified by the department under division (C)(1) of this | 36705 |
| section shall be obtained as follows: | 36706 |
| (a) The provider shall give to each person subject to | 36707 |
| criminal records check requirement information about accessing and | 36708 |
| completing the form prescribed pursuant to division (C)(1) of | 36709 |
| section 109.572 of the Revised Code and the standard fingerprint | 36710 |
| impression sheet prescribed pursuant to division (C)(2) of that | 36711 |
| section. | 36712 |
| (b) The person shall submit the required form and one | 36713 |
| complete set of fingerprint impressions directly to the | 36714 |
| superintendent for purposes of conducting the criminal records | 36715 |
| check using the applicable methods prescribed by division (C) of | 36716 |
| section 109.572 of the Revised Code. The person shall pay all fees | 36717 |
| associated with obtaining the criminal records check. | 36718 |
| (c) The superintendent shall conduct the criminal records | 36719 |
| check in accordance with section 109.572 of the Revised Code. The | 36720 |
| person subject to the criminal records check shall instruct the | 36721 |
| superintendent to submit the report of the criminal records check | 36722 |
| directly to the provider. The department may require the provider | 36723 |
| to submit the report to the department. | 36724 |
| (F) If a provider or applicant to be a provider is given the | 36725 |
| information specified in division (E)(1)(a) of this section but | 36726 |
| fails to obtain a criminal records check, the department shall, as | 36727 |
| applicable, terminate the provider agreement or deny the | 36728 |
| application to be a provider. | 36729 |
| If a person is given the information specified in division | 36730 |
| (E)(2)(a) of this section but fails to obtain a criminal records | 36731 |
| check, the provider shall not, as applicable, permit the person to | 36732 |
| be an employee, owner, officer, or board member of the provider. | 36733 |
| (G) Except as provided in rules adopted under division (J) of | 36734 |
| this section, the department shall terminate the provider | 36735 |
| agreement of a provider or the department shall not issue a | 36736 |
| provider agreement to an applicant if the provider or applicant is | 36737 |
| subject to a criminal records check under this section and the | 36738 |
| provider or applicant has been convicted of, has pleaded guilty | 36739 |
| to, or has been found eligible for intervention in lieu of | 36740 |
| conviction for any of the following: | 36741 |
| (1) A violation of section 2903.01, 2903.02, 2903.03, | 36742 |
| 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, | 36743 |
| 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, | 36744 |
| 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 36745 |
| 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, | 36746 |
| 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, | 36747 |
| 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, | 36748 |
| 2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11, | 36749 |
| 2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02, | 36750 |
| 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04, | 36751 |
| 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or | 36752 |
| 3716.11 of the Revised Code, felonious sexual penetration in | 36753 |
| violation of former section 2907.12 of the Revised Code, a | 36754 |
| violation of section 2905.04 of the Revised Code as it existed | 36755 |
| prior to July 1, 1996, a violation of section 2919.23 of the | 36756 |
| Revised Code that would have been a violation of section 2905.04 | 36757 |
| of the Revised Code as it existed prior to July 1, 1996, had the | 36758 |
| violation been committed prior to that date; | 36759 |
| (2) An existing or former law of this state, any other state, | 36760 |
| or the United States that is substantially equivalent to any of | 36761 |
| the offenses listed in division (D)(1) of this section. | 36762 |
| (H)(1)(a) Except as provided in rules adopted under division | 36763 |
| (J) of this section and subject to division (H)(2) of this | 36764 |
| section, no provider shall permit a person to be an employee, | 36765 |
| owner, officer, or board member of the provider if the person is | 36766 |
| subject to a criminal records check under this section and the | 36767 |
| person has been convicted of, has pleaded guilty to, or has been | 36768 |
| found eligible for intervention in lieu of conviction for any of | 36769 |
| the offenses specified in division (G)(1) or (2) of this section. | 36770 |
| (b) No provider shall employ a person who has been excluded | 36771 |
| from participating in the medicaid program, the medicare program | 36772 |
| operated pursuant to Title XVIII of the "Social Security Act," or | 36773 |
| any other federal health care program. | 36774 |
| (2)(a) A provider may employ conditionally a person for whom | 36775 |
| a criminal records check is required under this section prior to | 36776 |
| obtaining the results of a criminal records check regarding the | 36777 |
| person, but only if the person submits a request for a criminal | 36778 |
| records check not later than five business days after the | 36779 |
| individual begins conditional employment. | 36780 |
| (b) A provider that employs a person conditionally under | 36781 |
| authority of division (H)(2)(a) of this section shall terminate | 36782 |
| the person's employment if the results of the criminal records | 36783 |
| check request are not obtained within the period ending sixty days | 36784 |
| after the date the request is made. Regardless of when the results | 36785 |
| of the criminal records check are obtained, if the results | 36786 |
| indicate that the individual has been convicted of, has pleaded | 36787 |
| guilty to, or has been found eligible for intervention in lieu of | 36788 |
| conviction for any of the offenses specified in division (G)(1) or | 36789 |
| (2) of this section, the provider shall terminate the person's | 36790 |
| employment unless the provider chooses to employ the individual | 36791 |
| pursuant to division (J) of this section. | 36792 |
| (I) The report of a criminal records check conducted pursuant | 36793 |
| to this section is not a public record for the purposes of section | 36794 |
| 149.43 of the Revised Code and shall not be made available to any | 36795 |
| person other than the following: | 36796 |
| (1) The person who is the subject of the criminal records | 36797 |
| check or the person's representative; | 36798 |
| (2) The director of job and family services and the staff of | 36799 |
| the department in the administration of the medicaid program; | 36800 |
| (3) A court, hearing officer, or other necessary individual | 36801 |
| involved in a case dealing with the denial or termination of a | 36802 |
| provider agreement; | 36803 |
| (4) A court, hearing officer, or other necessary individual | 36804 |
| involved in a case dealing with a person's denial of employment, | 36805 |
| termination of employment, or employment or unemployment benefits. | 36806 |
| (J) The department may adopt rules in accordance with Chapter | 36807 |
| 119. of the Revised Code to implement this section. The rules may | 36808 |
| specify circumstances under which the department may continue a | 36809 |
| provider agreement or issue a provider agreement to an applicant | 36810 |
| when the provider or applicant has been convicted of, has pleaded | 36811 |
| guilty to, or has been found eligible for intervention in lieu of | 36812 |
| conviction for any of the offenses specified in division (G)(1) or | 36813 |
| (2) of this section. The rules may also specify circumstances | 36814 |
| under which a provider may permit a person to be an employee, | 36815 |
| owner, officer, or board member of the provider, when the person | 36816 |
| has been convicted of, has pleaded guilty to, or has been found | 36817 |
| eligible for intervention in lieu of conviction for any of the | 36818 |
| offenses specified in division (G)(1) or (2) of this section. | 36819 |
| | 36820 |
| (1) "Applicant" means a person who is under final | 36821 |
| consideration for employment or, after | 36822 |
| 36823 | |
| agency in a full-time, part-time, or temporary position that | 36824 |
| involves providing home and community-based waiver services to a | 36825 |
| person with disabilities. "Applicant" also means an existing | 36826 |
| employee with a waiver agency in a full-time, part-time, or | 36827 |
| temporary position that involves providing home and | 36828 |
| community-based waiver services to a person with disabilities | 36829 |
| after | 36830 |
| (2) "Criminal records check" has the same meaning as in | 36831 |
| section 109.572 of the Revised Code. | 36832 |
| (3) "Waiver agency" means a person or government entity that | 36833 |
| is not certified under the medicare program and is accredited by | 36834 |
| the community health accreditation program or the joint commission | 36835 |
| on accreditation of health care organizations or a company that | 36836 |
| provides home and community-based waiver services to persons with | 36837 |
| disabilities through department of job and family services | 36838 |
| administered home and community-based waiver programs. | 36839 |
| (4) "Home and community-based waiver services" means services | 36840 |
| furnished under the provision of 42 C.F.R. 441, subpart G, that | 36841 |
| permit individuals to live in a home setting rather than a nursing | 36842 |
| facility or hospital. Home and community-based waiver services are | 36843 |
| approved by the centers for medicare and medicaid for specific | 36844 |
| populations and are not otherwise available under the medicaid | 36845 |
| state plan. | 36846 |
| (B)(1) The chief administrator of a waiver agency shall | 36847 |
| require each applicant to request that the superintendent of the | 36848 |
| bureau of criminal identification and investigation conduct a | 36849 |
| criminal records check with respect to | 36850 |
| applicant for whom a criminal records check request is required | 36851 |
| under this division does not present proof of having been a | 36852 |
| resident of this state for the five-year period immediately prior | 36853 |
| to the date the criminal records check is requested or provide | 36854 |
| evidence that within that five-year period the superintendent has | 36855 |
| requested information about the applicant from the federal bureau | 36856 |
| of investigation in a criminal records check, the chief | 36857 |
| administrator shall require the applicant to request that the | 36858 |
| superintendent obtain information from the federal bureau of | 36859 |
| investigation as part of the criminal records check of the | 36860 |
| applicant. Even if an applicant for whom a criminal records check | 36861 |
| request is required under this division presents proof of having | 36862 |
| been a resident of this state for the five-year period, the chief | 36863 |
| administrator may require the applicant to request that the | 36864 |
| superintendent include information from the federal bureau of | 36865 |
| investigation in the criminal records check. | 36866 |
| (2) | 36867 |
| 36868 | |
| 36869 |
| | 36870 |
| check request is required under division (B)(1) of this section | 36871 |
| 36872 |
| (a) Information about accessing, completing, and forwarding | 36873 |
| to the superintendent of the bureau of criminal identification and | 36874 |
| investigation the form prescribed pursuant to division (C)(1) of | 36875 |
| section 109.572 of the Revised Code and | 36876 |
| impression sheet prescribed pursuant to division (C)(2) of that | 36877 |
| section | 36878 |
| 36879 |
| (b) | 36880 |
| 36881 | |
| 36882 | |
| instruct the superintendent to submit the completed report of the | 36883 |
| criminal records check directly to the chief administrator. | 36884 |
| (3) An applicant | 36885 |
| 36886 | |
| 36887 | |
| information and notification under divisions (B)(2)(a) and (b) of | 36888 |
| this section who fails to access, complete, and forward to the | 36889 |
| superintendent the form or the standard fingerprint impression | 36890 |
| sheet, or who fails to instruct the superintendent to submit the | 36891 |
| completed report of the criminal records check directly to the | 36892 |
| chief administrator, shall not be employed in any position in a | 36893 |
| waiver agency for which a criminal records check is required by | 36894 |
| this section. | 36895 |
| (C)(1) Except as provided in rules adopted by the department | 36896 |
| of job and family services in accordance with division (F) of this | 36897 |
| section and subject to division (C)(2) of this section, no waiver | 36898 |
| agency shall employ a person in a position that involves providing | 36899 |
| home and community-based waiver services to persons with | 36900 |
| disabilities if the person has been convicted of | 36901 |
| guilty to, or has been found eligible for intervention in lieu of | 36902 |
| conviction for any of the following: | 36903 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 36904 |
| 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, | 36905 |
| 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, | 36906 |
| 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 36907 |
| 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, | 36908 |
| 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, | 36909 |
| 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, | 36910 |
| 2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11, | 36911 |
| 2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02, | 36912 |
| 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04, | 36913 |
| 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or | 36914 |
| 3716.11 of the Revised Code, felonious sexual penetration in | 36915 |
| violation of former section 2907.12 of the Revised Code, a | 36916 |
| violation of section 2905.04 of the Revised Code as it existed | 36917 |
| prior to July 1, 1996, a violation of section 2919.23 of the | 36918 |
| Revised Code that would have been a violation of section 2905.04 | 36919 |
| of the Revised Code as it existed prior to July 1, 1996, had the | 36920 |
| violation been committed prior to that date; | 36921 |
| (b) An existing or former law of this state, any other state, | 36922 |
| or the United States that is substantially equivalent to any of | 36923 |
| the offenses listed in division (C)(1)(a) of this section. | 36924 |
| (2)(a) A waiver agency may employ conditionally an applicant | 36925 |
| for whom a criminal records check request is required under | 36926 |
| division (B) of this section prior to obtaining the results of a | 36927 |
| criminal records check regarding the individual, provided that the | 36928 |
| agency shall require the individual to request a criminal records | 36929 |
| check regarding the individual in accordance with division (B)(1) | 36930 |
| of this section not later than five business days after the | 36931 |
| individual begins conditional employment. | 36932 |
| (b) A waiver agency that employs an individual conditionally | 36933 |
| under authority of division (C)(2)(a) of this section shall | 36934 |
| terminate the individual's employment if the results of the | 36935 |
| criminal records check request under division (B) of this section, | 36936 |
| other than the results of any request for information from the | 36937 |
| federal bureau of investigation, are not obtained within the | 36938 |
| period ending sixty days after the date the request is made. | 36939 |
| Regardless of when the results of the criminal records check are | 36940 |
| obtained, if the results indicate that the individual has been | 36941 |
| convicted of | 36942 |
| for intervention in lieu of conviction for any of the offenses | 36943 |
| listed or described in division (C)(1) of this section, the agency | 36944 |
| shall terminate the individual's employment unless the agency | 36945 |
| chooses to employ the individual pursuant to division (F) of this | 36946 |
| section. | 36947 |
| (D)(1) | 36948 |
| 36949 | |
| to division (C)(3) of section 109.572 of the Revised Code for each | 36950 |
| criminal records check conducted pursuant to a request made under | 36951 |
| division (B) of this section shall be paid to the bureau of | 36952 |
| criminal identification and investigation by the applicant or the | 36953 |
| waiver agency. | 36954 |
| (2) | 36955 |
| applicant a fee not exceeding the amount the agency pays under | 36956 |
| division (D)(1) of this section. An agency may collect a fee only | 36957 |
| if the agency notifies the person at the time of initial | 36958 |
| application for employment of the amount of the fee and that, | 36959 |
| unless the fee is paid, the person will not be considered for | 36960 |
| employment. | 36961 |
| (E) The report of any criminal records check conducted | 36962 |
| pursuant to a request made under this section is not a public | 36963 |
| record for the purposes of section 149.43 of the Revised Code and | 36964 |
| shall not be made available to any person other than the | 36965 |
| following: | 36966 |
| (1) The individual who is the subject of the criminal records | 36967 |
| check or the individual's representative; | 36968 |
| (2) The chief administrator of the agency requesting the | 36969 |
| criminal records check or the administrator's representative; | 36970 |
| (3) An administrator at the department; | 36971 |
| (4) A court, hearing officer, or other necessary individual | 36972 |
| involved in a case dealing with a denial of employment of the | 36973 |
| applicant or dealing with employment or unemployment benefits of | 36974 |
| the applicant. | 36975 |
| (F) The department shall adopt rules in accordance with | 36976 |
| Chapter 119. of the Revised Code to implement this section. The | 36977 |
| rules shall specify circumstances under which a waiver agency may | 36978 |
| employ a person who has been convicted of | 36979 |
| to, or has been found eligible for intervention in lieu of | 36980 |
| conviction for an offense listed or described in division (C)(1) | 36981 |
| of this section | 36982 |
| 36983 |
| (G) The chief administrator of a waiver agency shall inform | 36984 |
| each person, at the time of initial application for a position | 36985 |
| that involves providing home and community-based waiver services | 36986 |
| to a person with a disability, that the person is required to | 36987 |
| provide a set of fingerprint impressions and that a criminal | 36988 |
| records check is required to be conducted if the person comes | 36989 |
| under final consideration for employment. | 36990 |
| (H)(1) A person who, on | 36991 |
| September 26, 2003, is an employee of a waiver agency in a | 36992 |
| full-time, part-time, or temporary position that involves | 36993 |
| providing home and community-based waiver services to a person | 36994 |
| with disabilities shall comply with this section within sixty days | 36995 |
| after | 36996 |
| unless division (H)(2) of this section applies. | 36997 |
| (2) This section shall not apply to a person to whom all of | 36998 |
| the following apply: | 36999 |
| (a) On | 37000 |
| the person is an employee of a waiver agency in a full-time, | 37001 |
| part-time, or temporary position that involves providing home and | 37002 |
| community-based waiver services to a person with disabilities. | 37003 |
| (b) The person previously had been the subject of a criminal | 37004 |
| background check relating to that position; | 37005 |
| (c) The person has been continuously employed in that | 37006 |
| position since that criminal background check had been conducted. | 37007 |
| | 37008 |
| (1) "Anniversary date" means the later of the effective date | 37009 |
| of the provider agreement relating to the independent provider or | 37010 |
| sixty days after | 37011 |
| 2003. | 37012 |
| (2) "Criminal records check" has the same meaning as in | 37013 |
| section 109.572 of the Revised Code. | 37014 |
| (3) " | 37015 |
| the department of job and family services | 37016 |
| (4) "Independent provider" means a person who is submitting | 37017 |
| an application for a provider agreement or who has a provider | 37018 |
| agreement as an independent provider in a department of job and | 37019 |
| family services administered home and community-based services | 37020 |
| program providing home and community-based waiver services to | 37021 |
| consumers with disabilities. | 37022 |
| (5) "Home and community-based waiver services" has the same | 37023 |
| meaning as in section | 37024 |
| (B)(1) The department of job and family services shall inform | 37025 |
| each independent provider, at the time of initial application for | 37026 |
| a provider agreement that involves providing home and | 37027 |
| community-based waiver services to consumers with disabilities, | 37028 |
| that the independent provider is required to provide a set of | 37029 |
| fingerprint impressions and that a criminal records check is | 37030 |
| required to be conducted if the person is to become an independent | 37031 |
| provider in a department administered home and community-based | 37032 |
| waiver program. | 37033 |
| (2) Beginning on | 37034 |
| 26, 2003, the department shall inform each enrolled medicaid | 37035 |
| independent provider on or before time of the anniversary date of | 37036 |
| the provider agreement that involves providing home and | 37037 |
| community-based waiver services to consumers with disabilities | 37038 |
| that the independent provider is required to provide a set of | 37039 |
| fingerprint impressions and that a criminal records check is | 37040 |
| required to be conducted. | 37041 |
| (C)(1) The department shall require the independent provider | 37042 |
| to complete a criminal records check prior to entering into a | 37043 |
| provider agreement with the independent provider and at least | 37044 |
| annually thereafter. If an independent provider for whom a | 37045 |
| criminal records check is required under this division does not | 37046 |
| present proof of having been a resident of this state for the | 37047 |
| five-year period immediately prior to the date the criminal | 37048 |
| records check is requested or provide evidence that within that | 37049 |
| five-year period the superintendent of the bureau of criminal | 37050 |
| identification and investigation has requested information about | 37051 |
| the | 37052 |
| investigation in a criminal records check, the department shall | 37053 |
| request that the independent provider obtain through the | 37054 |
| superintendent a criminal records request from the federal bureau | 37055 |
| of investigation as part of the criminal records check of the | 37056 |
| independent provider. Even if an independent provider for whom a | 37057 |
| criminal records check request is required under this division | 37058 |
| presents proof of having been a resident of this state for the | 37059 |
| five-year period, the department may request that the independent | 37060 |
| provider obtain information through the superintendent from the | 37061 |
| federal bureau of investigation in the criminal records check. | 37062 |
| (2) The department shall | 37063 |
| | 37064 |
| a criminal records check request is required under division (C)(1) | 37065 |
| of this section | 37066 |
| (a) Information about accessing, completing, and forwarding | 37067 |
| to the superintendent of the bureau of criminal identification and | 37068 |
| investigation the form prescribed pursuant to division (C)(1) of | 37069 |
| section 109.572 of the Revised Code and | 37070 |
| impression sheet prescribed pursuant to division (C)(2) of that | 37071 |
| section | 37072 |
| 37073 |
| (b) | 37074 |
| 37075 | |
| 37076 | |
| is to instruct the superintendent to submit the completed report | 37077 |
| of the criminal records check directly to the department. | 37078 |
| (3) An independent provider given information | 37079 |
| 37080 | |
| 37081 | |
| 37082 | |
| and (b) of this section who fails to access, complete, and forward | 37083 |
| to the superintendent the form or the standard fingerprint | 37084 |
| impression sheet, or who fails to instruct the superintendent to | 37085 |
| submit the completed report of the criminal records check directly | 37086 |
| to the department, shall not be approved as an independent | 37087 |
| provider. | 37088 |
| (D) Except as provided in rules adopted by the department in | 37089 |
| accordance with division (G) of this section, the department shall | 37090 |
| not issue a new provider agreement to, and shall terminate an | 37091 |
| existing provider agreement of, an independent provider if the | 37092 |
| person has been convicted of | 37093 |
| been found eligible for intervention in lieu of conviction for any | 37094 |
| of the following: | 37095 |
| (1) A violation of section 2903.01, 2903.02, 2903.03, | 37096 |
| 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, | 37097 |
| 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, | 37098 |
| 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 37099 |
| 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, | 37100 |
| 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, | 37101 |
| 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, | 37102 |
| 2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11, | 37103 |
| 2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02, | 37104 |
| 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04, | 37105 |
| 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or | 37106 |
| 3716.11 of the Revised Code, felonious sexual penetration in | 37107 |
| violation of former section 2907.12 of the Revised Code, a | 37108 |
| violation of section 2905.04 of the Revised Code as it existed | 37109 |
| prior to July 1, 1996, a violation of section 2919.23 of the | 37110 |
| Revised Code that would have been a violation of section 2905.04 | 37111 |
| of the Revised Code as it existed prior to July 1, 1996, had the | 37112 |
| violation been committed prior to that date; | 37113 |
| (2) An existing or former law of this state, any other state, | 37114 |
| or the United States that is substantially equivalent to any of | 37115 |
| the offenses listed in division (D)(1) of this section. | 37116 |
| (E) Each independent provider shall pay to the bureau of | 37117 |
| criminal identification and investigation the fee prescribed | 37118 |
| pursuant to division (C)(3) of section 109.572 of the Revised Code | 37119 |
| for each criminal records check conducted pursuant to a request | 37120 |
| made under division (C) of this section. | 37121 |
| (F) The report of any criminal records check conducted by the | 37122 |
| bureau of criminal identification and investigation in accordance | 37123 |
| with section 109.572 of the Revised Code and pursuant to a request | 37124 |
| made under division (C) of this section is not a public record for | 37125 |
| the purposes of section 149.43 of the Revised Code and shall not | 37126 |
| be made available to any person other than the following: | 37127 |
| (1) The person who is the subject of the criminal records | 37128 |
| check or the person's representative; | 37129 |
| (2) | 37130 |
| 37131 |
| (3) | 37132 |
| individual involved in a case dealing with a denial or termination | 37133 |
| of a provider agreement related to the criminal records check. | 37134 |
| (G) The department shall adopt rules in accordance with | 37135 |
| Chapter 119. of the Revised Code to implement this section. The | 37136 |
| rules shall specify circumstances under which the department may | 37137 |
| either issue a provider agreement to an independent provider | 37138 |
| or allow an independent provider to maintain an existing provider | 37139 |
| agreement when the independent provider has been convicted of | 37140 |
| has pleaded guilty to, or has been found eligible for intervention | 37141 |
| in lieu of conviction for an offense listed or described in | 37142 |
| division (C)(1) of this section | 37143 |
| 37144 |
| Sec. 5111.06. (A)(1) As used in this section and in sections | 37145 |
| 5111.061 and 5111.062 of the Revised Code: | 37146 |
| (a) "Provider" means any person, institution, or entity that | 37147 |
| furnishes medicaid services under a provider agreement with the | 37148 |
| department of job and family services pursuant to Title XIX of the | 37149 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as | 37150 |
| amended. | 37151 |
| (b) "Party" has the same meaning as in division (G) of | 37152 |
| section 119.01 of the Revised Code. | 37153 |
| (c) "Adjudication" has the same meaning as in division (D) of | 37154 |
| section 119.01 of the Revised Code. | 37155 |
| (2) This section does not apply to any action taken by the | 37156 |
| department of job and family services under sections 5111.35 to | 37157 |
| 5111.62 of the Revised Code. | 37158 |
| (B) Except as provided in division (D) of this section and | 37159 |
| section 5111.914 of the Revised Code, the department shall do | 37160 |
| either of the following by issuing an order pursuant to an | 37161 |
| adjudication conducted in accordance with Chapter 119. of the | 37162 |
| Revised Code: | 37163 |
| (1) Enter into or refuse to enter into a provider agreement | 37164 |
| with a provider, or suspend, terminate, renew, or refuse to renew | 37165 |
| an existing provider agreement with a provider; | 37166 |
| (2) Take any action based upon a final fiscal audit of a | 37167 |
| provider. | 37168 |
| (C) Any party who is adversely affected by the issuance of an | 37169 |
| adjudication order under division (B) of this section may appeal | 37170 |
| to the court of common pleas of Franklin county in accordance with | 37171 |
| section 119.12 of the Revised Code. | 37172 |
| (D) The department is not required to comply with division | 37173 |
| (B)(1) of this section whenever any of the following occur: | 37174 |
| (1) The terms of a provider agreement require the provider to | 37175 |
| 37176 | |
| certification issued by an official, board, commission, | 37177 |
| department, division, bureau, or other agency of state or federal | 37178 |
| government other than the department of job and family services, | 37179 |
|
and the license, permit, | 37180 |
| denied
| 37181 |
| (2) The terms of a provider agreement require the provider to | 37182 |
| hold a license, permit, or certificate or maintain certification | 37183 |
| issued by an official, board, commission, department, division, | 37184 |
| bureau, or other agency of state or federal government other than | 37185 |
| the department of job and family services, and the provider has | 37186 |
| not obtained the license, permit, certificate, or certification. | 37187 |
| (3) The provider agreement is denied, terminated, or not | 37188 |
| renewed due to the termination, refusal to renew, or denial of a | 37189 |
| license, permit, certificate, or certification by an official, | 37190 |
| board, commission, department, division, bureau, or other agency | 37191 |
| of this state other than the department of job and family | 37192 |
| services, notwithstanding the fact that the provider may hold a | 37193 |
| license, permit, certificate, or certification from an official, | 37194 |
| board, commission, department, division, bureau, or other agency | 37195 |
| of another state. | 37196 |
| | 37197 |
|
renewed pursuant to division (C) or | 37198 |
| the Revised Code; | 37199 |
| | 37200 |
| renewed due to the provider's termination, suspension, or | 37201 |
| exclusion from the medicare program established under Title XVIII | 37202 |
| of the "Social Security Act," and the termination, suspension, or | 37203 |
| exclusion is binding on the provider's participation in the | 37204 |
| medicaid program; | 37205 |
| | 37206 |
| renewed due to the provider's pleading guilty to or being | 37207 |
| convicted of a criminal activity materially related to either the | 37208 |
| medicare or medicaid program; | 37209 |
| | 37210 |
| suspended as a result of action by the United States department of | 37211 |
| health and human services and that action is binding on the | 37212 |
| provider's participation in the medicaid program; | 37213 |
| | 37214 |
| section 5111.031 of the Revised Code pending indictment of the | 37215 |
| provider. | 37216 |
| (9) The provider agreement is denied, terminated, or not | 37217 |
| renewed because the provider has been convicted of one of the | 37218 |
| offenses that caused the provider agreement to be suspended | 37219 |
| pursuant to section 5111.031 of the Revised Code. | 37220 |
| (10) The provider agreement is terminated or an application | 37221 |
| for re-enrollment is denied because the provider has failed to | 37222 |
| apply for re-enrollment within the time or in the manner specified | 37223 |
| for re-enrollment pursuant to section 5111.028 of the Revised | 37224 |
| Code. | 37225 |
| (11) The provider agreement is terminated or not renewed | 37226 |
| because the provider has not billed or otherwise submitted a | 37227 |
| medicaid claim to the department for two years or longer, and the | 37228 |
| department has determined that the provider has moved from the | 37229 |
| address on record with the department without leaving an active | 37230 |
| forwarding address with the department. | 37231 |
| In the case of a provider described in division (D) | 37232 |
| this section, the department may terminate or not renew the | 37233 |
| provider agreement by sending a notice explaining the department's | 37234 |
| proposed action to the address on record with the department. The | 37235 |
| notice may be sent by regular mail. | 37236 |
| (E) The department may withhold payments for services | 37237 |
| rendered by a medicaid provider under the medical assistance | 37238 |
| program during the pendency of proceedings initiated under | 37239 |
| division (B)(1) of this section. If the proceedings are initiated | 37240 |
| under division (B)(2) of this section, the department may withhold | 37241 |
| payments only to the extent that they equal amounts determined in | 37242 |
| a final fiscal audit as being due the state. This division does | 37243 |
| not apply if the department fails to comply with section 119.07 of | 37244 |
| the Revised Code, requests a continuance of the hearing, or does | 37245 |
| not issue a decision within thirty days after the hearing is | 37246 |
| completed. This division does not apply to nursing facilities and | 37247 |
| intermediate care facilities for the mentally retarded as defined | 37248 |
| in section 5111.20 of the Revised Code. | 37249 |
| Sec. 5111.084. There is hereby established the pharmacy and | 37250 |
| therapeutics committee of the department of job and family | 37251 |
| services. The committee shall consist of nine members and shall be | 37252 |
| appointed by the director of job and family services. The | 37253 |
| membership of the committee shall include: three pharmacists | 37254 |
| licensed under Chapter 4729. of the Revised Code; two doctors of | 37255 |
| medicine and two doctors of osteopathy licensed under Chapter | 37256 |
| 4731. of the Revised Code; a registered nurse licensed under | 37257 |
| Chapter 4723. of the Revised Code; and a pharmacologist who has a | 37258 |
| doctoral degree. At least one of the members who is a doctor of | 37259 |
| medicine or doctor of osteopathy shall be a psychiatrist. The | 37260 |
| committee shall elect one of its members as chairperson. | 37261 |
| Sec. 5111.085. (A) As used in this section, "mental health | 37262 |
| drug" means a drug that meets one of the following requirements: | 37263 |
| (1) Is classified as an antianxiety, antidepressant, | 37264 |
| anticonvulsant, or antipsychotic central nervous system drug in | 37265 |
| the most recent edition of one of the following publications: | 37266 |
| (a) The American psychiatric press textbook of | 37267 |
| psychopharmacology; | 37268 |
| (b) Current clinical strategies for psychiatry; | 37269 |
| (c) Drug facts and comparisons; | 37270 |
| (d) A publication with a focus and content comparable to the | 37271 |
| publications described in divisions (A)(1)(a) to (c) of this | 37272 |
| section as determined by the director of job and family services. | 37273 |
| (2) Is classified in one of the publications described in | 37274 |
| division (A)(1) of this section as a central nervous system drug | 37275 |
| in a category or classification that is created after the | 37276 |
| effective date of this section; | 37277 |
| (3) Is classified in one of the publications described in | 37278 |
| division (A)(1) of this section as a cross-indicated drug for any | 37279 |
| of the central nervous system drugs specified in division (A)(1) | 37280 |
| or (2) of this section because the drug's use in that capacity is | 37281 |
| generally held to be reasonable, appropriate, and within the | 37282 |
| community standards of care even though the use is not included in | 37283 |
| the United States food and drug administration's approved labeling | 37284 |
| for the drug; | 37285 |
| (4) Is recommended for the treatment of a mental illness or | 37286 |
| mental disorder, as those terms are defined in the most recent | 37287 |
| edition of the American psychiatric association's diagnostic and | 37288 |
| statistical manual of mental disorders. | 37289 |
| (B) The only mental health drugs that may be subjected to a | 37290 |
| prior authorization requirement, preferred drug list, or | 37291 |
| therapeutic substitution requirement under the medicaid program | 37292 |
| are mental health drugs that are brand name and for which there | 37293 |
| are generic equivalents. | 37294 |
| Sec. 5111.10. The director of job and family services may | 37295 |
| conduct reviews of the medicaid program. The reviews may include | 37296 |
| physical inspections of records and sites where medicaid-funded | 37297 |
| services are provided and interviews of providers and recipients | 37298 |
| of the services. If the director determines pursuant to a review | 37299 |
| that a person or government entity has violated a rule governing | 37300 |
| the medicaid program, the director may establish a corrective | 37301 |
| action plan for the violator and impose fiscal, administrative, or | 37302 |
| both types of sanctions on the violator in accordance with rules | 37303 |
| governing the medicaid program. | 37304 |
| 37305 | |
| 37306 |
| Sec. 5111.101. (A) As used in this section | 37307 |
| "Agent" and "contractor" include any agent, contractor, | 37308 |
| subcontractor, or other person who, on behalf of an entity, | 37309 |
| furnishes or authorizes the furnishing of health care items or | 37310 |
| services under the medicaid program, performs billing or coding | 37311 |
| functions, or is involved in monitoring of health care that an | 37312 |
| entity provides. | 37313 |
| "Employee" includes any officer or employee (including | 37314 |
| management employees) of an entity. | 37315 |
| "Entity" includes a governmental entity or an organization, | 37316 |
| unit, corporation, partnership, or other business arrangement, | 37317 |
| including any medicaid managed care organization, irrespective of | 37318 |
| the form of business structure or arrangement by which it exists, | 37319 |
| whether for-profit or not-for-profit. "Entity" does not include a | 37320 |
| government entity that administers one or more components of the | 37321 |
| medicaid program, unless the government entity receives medicaid | 37322 |
| payments for providing items or services. | 37323 |
| "Federal health care programs" has the same meaning as in 42 | 37324 |
| U.S.C. 1320a-7b(f). | 37325 |
| (B) Each | 37326 |
| 37327 | |
| 37328 | |
| medicaid plan or a federal medicaid waiver, totaling at least five | 37329 |
| million dollars | 37330 |
| payments, do all of the following not later than the first day of | 37331 |
| the succeeding calendar year: | 37332 |
| (1) | 37333 |
| Establish written policies for all of the entity's employees | 37334 |
| 37335 | |
| provide detailed | 37336 |
| following in preventing and detecting fraud, waste, and abuse in | 37337 |
| federal health care programs: | 37338 |
| (a) Federal false claims law under 31 U.S.C. 3729 to 3733; | 37339 |
| (b) Federal administrative remedies for false claims and | 37340 |
| statements available under 31 U.S.C. 3801 to 3812; | 37341 |
| (c) Sections 124.341, 2913.40, 2913.401, and 2921.13 of the | 37342 |
| Revised Code and any other state laws pertaining to civil or | 37343 |
| criminal penalties for false claims and statements; | 37344 |
| (d) Whistleblower protections under the laws specified in | 37345 |
| divisions (B)(1)(a) to (c) of this section. | 37346 |
| (2) Include | 37347 |
| 37348 | |
| detailed | 37349 |
| 37350 | |
| detecting fraud, waste, and abuse. | 37351 |
| (3) | 37352 |
| division (B)(1) of this section to each of the entity's employees, | 37353 |
| contractors, and agents in a paper or electronic form and make the | 37354 |
| written policies readily available to the entity's employees, | 37355 |
| contractors, and agents. | 37356 |
| (4) If the entity has an employee handbook, include in the | 37357 |
| 37358 | |
| discussion of the laws specified in division (B)(1) of this | 37359 |
| section, the rights of employees to be protected as | 37360 |
| whistleblowers, and the | 37361 |
| procedures for preventing and detecting fraud, waste, and abuse. | 37362 |
| (5) Require the entity's contractors and agents to adopt the | 37363 |
| entity's written policies required by division (B)(1) of this | 37364 |
| section. | 37365 |
| (C) An entity that furnishes items or services at multiple | 37366 |
| locations or under multiple contractual or other payment | 37367 |
| arrangements is required to comply with division (B) of this | 37368 |
| section if the entity receives in a federal fiscal year medicaid | 37369 |
| payments totaling in the aggregate at least five million dollars. | 37370 |
| This applies regardless of whether the entity submits claims for | 37371 |
| medicaid payments using multiple provider identification or tax | 37372 |
| identification numbers. | 37373 |
| Sec. 5111.102. As used in this section, "state agency" has | 37374 |
| the same meaning as in section 9.23 of the Revised Code. | 37375 |
| No provision of Title LI of the Revised Code or any other law | 37376 |
| of this state that incorporates any provision of federal Medicaid | 37377 |
| law, Title XIX of the Social Security Act, 79 Stat. 286 (1965), 42 | 37378 |
| U.S.C. 1396, or that may be construed as requiring the state, a | 37379 |
| state agency, or any state official or employee to comply with | 37380 |
| that federal provision, shall be construed as creating a cause of | 37381 |
| action to enforce such state law beyond the causes of action | 37382 |
| available under federal law for enforcement of the provision of | 37383 |
| federal law. | 37384 |
| Sec. 5111.163. (A) As used in this section: | 37385 |
| (1) "Emergency services" has the same meaning as in section | 37386 |
| 1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42 | 37387 |
| U.S.C. 1396u-2(b)(2), as amended. | 37388 |
| (2) "Medicaid managed care organization" has the same meaning | 37389 |
| as in section 5111.162 of the Revised Code. | 37390 |
| (3) "Provider" | 37391 |
| 37392 | |
| furnishes emergency services to a medicaid recipient enrolled in a | 37393 |
| medicaid managed care organization, regardless of whether the | 37394 |
| person, institution, or entity has a provider agreement with the | 37395 |
| department of job and family services pursuant to Title XIX of the | 37396 |
| "Social Security Act." | 37397 |
| (B) When a participant in the care management system | 37398 |
| established under section 5111.16 of the Revised Code is enrolled | 37399 |
| in a medicaid managed care organization and receives emergency | 37400 |
| services on or after January 1, 2007, from a provider that is not | 37401 |
| under contract with the organization, the provider shall accept | 37402 |
| from the organization, as payment in full, not more than the | 37403 |
| amounts (less any payments for indirect costs of medical education | 37404 |
| and direct costs of graduate medical education) that the provider | 37405 |
| could collect if the participant received medicaid other than | 37406 |
| through enrollment in a managed care organization. | 37407 |
| Sec. 5111.165. In the case of individuals who receive | 37408 |
| medicaid on the basis of being included in the category identified | 37409 |
| by the department of job and family services as covered families | 37410 |
| and children, the department shall develop and implement a | 37411 |
| reimbursement system based on a risk-adjusted rate structure. The | 37412 |
| risk-adjusted reimbursement rates shall be applied individually | 37413 |
| and shall apply starting one year after the individual enrolls in | 37414 |
| the medicaid program. | 37415 |
| Sec. 5111.17. (A) The department of job and family services | 37416 |
| may enter into contracts with managed care organizations, | 37417 |
| including health insuring corporations, under which the | 37418 |
| organizations are authorized to provide, or arrange for the | 37419 |
| provision of, health care services to medical assistance | 37420 |
| recipients who are required or permitted to obtain health care | 37421 |
| services through managed care organizations as part of the care | 37422 |
| management system established under section 5111.16 of the | 37423 |
| Revised Code. | 37424 |
| (B) | 37425 |
| 37426 | |
| 37427 | |
| 37428 | |
| 37429 | |
| 37430 | |
| 37431 | |
| payments to health insuring corporations under contract pursuant | 37432 |
| to this section, the department shall develop, certify, and | 37433 |
| implement actuarially sound capitation rates, as defined in 42 | 37434 |
| C.F.R. 438.6. In taking these actions, the department shall comply | 37435 |
| with all applicable requirements of 42 C.F.R. 438.6 and Title XIX | 37436 |
| of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. | 37437 |
| 1396b(m), as amended. | 37438 |
| (2) Before the department may submit proposed capitation | 37439 |
| rates for approval by the United States centers for medicare and | 37440 |
| medicaid services, the department shall submit the proposed rates | 37441 |
| to the superintendent of insurance for review. On each submission, | 37442 |
| the superintendent shall conduct a review of the proposed rates | 37443 |
| and provide written notice to the department of the results of the | 37444 |
| review. | 37445 |
| (3) The department may not submit the proposed rates for | 37446 |
| approval by the centers for medicare and medicaid services unless | 37447 |
| the superintendent specifies in the results of the review that the | 37448 |
| proposed rates will do none of the following with respect to the | 37449 |
| health insuring corporation that will receive payments according | 37450 |
| to the proposed rates: | 37451 |
| (a) Negatively impact the financial solvency of the health | 37452 |
| insuring corporation; | 37453 |
| (b) Cause a change in the health insuring corporation's RBC | 37454 |
| levels, as defined in section 3903.81 of the Revised Code; | 37455 |
| (c) Require that an application for a certificate of | 37456 |
| authority include the parent company's guaranty, as specified in | 37457 |
| division (A)(27) of section 1751.03 of the Revised Code. | 37458 |
| (C) The director of job and family services may adopt rules | 37459 |
| in accordance with Chapter 119. of the Revised Code to implement | 37460 |
| this section. | 37461 |
| Sec. 5111.172. (A) When contracting under section 5111.17 of | 37462 |
| the Revised Code with a managed care organization that is a health | 37463 |
| insuring corporation, the department of job and family services | 37464 |
| may require the health insuring corporation to provide coverage of | 37465 |
| prescription drugs for medicaid recipients enrolled in the health | 37466 |
| insuring corporation. In providing the required coverage, the | 37467 |
| health insuring corporation may, subject to the department's | 37468 |
| approval and the limitations provided under division (C) of this | 37469 |
| section, use strategies for the management of drug utilization. | 37470 |
| (B) As used in this division, "controlled substance" has the | 37471 |
| same meaning as in section 3719.01 of the Revised Code. | 37472 |
| If a health insuring corporation is required under this | 37473 |
| section to provide coverage of prescription drugs, the department | 37474 |
| shall permit the health insuring corporation to develop and | 37475 |
| implement a pharmacy utilization management program under which | 37476 |
| prior authorization through the program is established as a | 37477 |
| condition of obtaining a controlled substance pursuant to a | 37478 |
| prescription. The program may include processes for requiring | 37479 |
| medicaid recipients at high risk for fraud or abuse involving | 37480 |
| controlled substances to have their prescriptions for controlled | 37481 |
| substances filled by a pharmacy, medical provider, or health care | 37482 |
| facility designated by the program. | 37483 |
| (C) As used in this division, "mental health drug" has the | 37484 |
| same meaning as in section 5111.085 of the Revised Code. | 37485 |
| If a contract under section 5111.17 of the Revised Code | 37486 |
| requires a health insuring corporation to provide prescription | 37487 |
| drug coverage for medicaid recipients as described in division (A) | 37488 |
| of this section, the contract shall include terms under which the | 37489 |
| only mental health drugs that may be subjected to a prior | 37490 |
| authorization requirement, preferred drug list, or therapeutic | 37491 |
| substitution requirement are mental health drugs that are brand | 37492 |
| name and for which there are generic equivalents. | 37493 |
| Sec. 5111.20. As used in sections 5111.20 to 5111.34 of the | 37494 |
| Revised Code: | 37495 |
| (A) "Allowable costs" are those costs determined by the | 37496 |
| department of job and family services to be reasonable and do not | 37497 |
| include fines paid under sections 5111.35 to 5111.61 and section | 37498 |
| 5111.99 of the Revised Code. | 37499 |
| (B) "Ancillary and support costs" means all reasonable costs | 37500 |
| incurred by a nursing facility other than direct care costs or | 37501 |
| capital costs. "Ancillary and support costs" includes, but is not | 37502 |
| limited to, costs of activities, social services, pharmacy | 37503 |
| consultants, habilitation supervisors, qualified mental | 37504 |
| retardation professionals, program directors, medical and | 37505 |
| habilitation records, program supplies, incontinence supplies, | 37506 |
| food, enterals, dietary supplies and personnel, laundry, | 37507 |
| housekeeping, security, administration, medical equipment, | 37508 |
| utilities, liability insurance, bookkeeping, purchasing | 37509 |
| department, human resources, communications, travel, dues, license | 37510 |
| fees, subscriptions, home office costs not otherwise allocated, | 37511 |
| legal services, accounting services, minor equipment, maintenance | 37512 |
| and repairs, help-wanted advertising, informational advertising, | 37513 |
| start-up costs, organizational expenses, other interest, property | 37514 |
| insurance, employee training and staff development, employee | 37515 |
| benefits, payroll taxes, and workers' compensation premiums or | 37516 |
| costs for self-insurance claims and related costs as specified in | 37517 |
| rules adopted by the director of job and family services under | 37518 |
| section 5111.02 of the Revised Code, for personnel listed in this | 37519 |
| division. "Ancillary and support costs" also means the cost of | 37520 |
| equipment, including vehicles, acquired by operating lease | 37521 |
| executed before December 1, 1992, if the costs are reported as | 37522 |
| administrative and general costs on the facility's cost report for | 37523 |
| the cost reporting period ending December 31, 1992. | 37524 |
| (C) "Capital costs" means costs of ownership and, in the case | 37525 |
| of an intermediate care facility for the mentally retarded, costs | 37526 |
| of nonextensive renovation. | 37527 |
| (1) "Cost of ownership" means the actual expense incurred for | 37528 |
| all of the following: | 37529 |
| (a) Depreciation and interest on any capital assets that cost | 37530 |
| five hundred dollars or more per item, including the following: | 37531 |
| (i) Buildings; | 37532 |
| (ii) Building improvements that are not approved as | 37533 |
| nonextensive renovations under section 5111.251 of the Revised | 37534 |
| Code; | 37535 |
| (iii) Except as provided in division (B) of this section, | 37536 |
| equipment; | 37537 |
| (iv) In the case of an intermediate care facility for the | 37538 |
| mentally retarded, extensive renovations; | 37539 |
| (v) Transportation equipment. | 37540 |
| (b) Amortization and interest on land improvements and | 37541 |
| leasehold improvements; | 37542 |
| (c) Amortization of financing costs; | 37543 |
| (d) Except as provided in division (K) of this section, lease | 37544 |
| and rent of land, building, and equipment. | 37545 |
| The costs of capital assets of less than five hundred dollars | 37546 |
| per item may be considered capital costs in accordance with a | 37547 |
| provider's practice. | 37548 |
| (2) "Costs of nonextensive renovation" means the actual | 37549 |
| expense incurred by an intermediate care facility for the mentally | 37550 |
| retarded for depreciation or amortization and interest on | 37551 |
| renovations that are not extensive renovations. | 37552 |
| (D) "Capital lease" and "operating lease" shall be construed | 37553 |
| in accordance with generally accepted accounting principles. | 37554 |
| (E) "Case-mix score" means the measure determined under | 37555 |
| section 5111.232 of the Revised Code of the relative direct-care | 37556 |
| resources needed to provide care and habilitation to a resident of | 37557 |
| a nursing facility or intermediate care facility for the mentally | 37558 |
| retarded. | 37559 |
| (F)(1) "Date of licensure," for a facility originally | 37560 |
| licensed as a nursing home under Chapter 3721. of the Revised | 37561 |
| Code, means the date specific beds were originally licensed as | 37562 |
| nursing home beds under that chapter, regardless of whether they | 37563 |
| were subsequently licensed as residential facility beds under | 37564 |
| section 5123.19 of the Revised Code. For a facility originally | 37565 |
| licensed as a residential facility under section 5123.19 of the | 37566 |
| Revised Code, "date of licensure" means the date specific beds | 37567 |
| were originally licensed as residential facility beds under that | 37568 |
| section. | 37569 |
| | 37570 |
| Revised Code or residential facility beds licensed under section | 37571 |
| 5123.19 of the Revised Code were not required by law to be | 37572 |
| licensed when they were originally used to provide nursing home or | 37573 |
| residential facility services, "date of licensure" means the date | 37574 |
| the beds first were used to provide nursing home or residential | 37575 |
| facility services, regardless of the date the present provider | 37576 |
| obtained licensure. | 37577 |
| | 37578 |
| facility beds or extensively renovates all or part of the facility | 37579 |
| after its original date of licensure, it will have a different | 37580 |
| date of licensure for the additional beds or extensively renovated | 37581 |
| portion of the facility, unless the beds are added in a space that | 37582 |
| was constructed at the same time as the previously licensed beds | 37583 |
| but was not licensed under Chapter 3721. or section 5123.19 of the | 37584 |
| Revised Code at that time. | 37585 |
| (2) The definition of "date of licensure" in this section | 37586 |
| applies in determinations of the medicaid reimbursement rate for a | 37587 |
| nursing facility or intermediate care facility for the mentally | 37588 |
| retarded but does not apply in determinations of the franchise | 37589 |
| permit fee for a nursing facility or intermediate care facility | 37590 |
| for the mentally retarded. | 37591 |
| (G) "Desk-reviewed" means that costs as reported on a cost | 37592 |
| report submitted under section 5111.26 of the Revised Code have | 37593 |
| been subjected to a desk review under division (A) of section | 37594 |
| 5111.27 of the Revised Code and preliminarily determined to be | 37595 |
| allowable costs. | 37596 |
| (H) "Direct care costs" means all of the following: | 37597 |
| (1)(a) Costs for registered nurses, licensed practical | 37598 |
| nurses, and nurse aides employed by the facility; | 37599 |
| (b) Costs for direct care staff, administrative nursing | 37600 |
| staff, medical directors, respiratory therapists, and except as | 37601 |
| provided in division (H)(2) of this section, other persons holding | 37602 |
| degrees qualifying them to provide therapy; | 37603 |
| (c) Costs of purchased nursing services; | 37604 |
| (d) Costs of quality assurance; | 37605 |
| (e) Costs of training and staff development, employee | 37606 |
| benefits, payroll taxes, and workers' compensation premiums or | 37607 |
| costs for self-insurance claims and related costs as specified in | 37608 |
| rules adopted by the director of job and family services in | 37609 |
| accordance with Chapter 119. of the Revised Code, for personnel | 37610 |
| listed in divisions (H)(1)(a), (b), and (d) of this section; | 37611 |
| (f) Costs of consulting and management fees related to direct | 37612 |
| care; | 37613 |
| (g) Allocated direct care home office costs. | 37614 |
| (2) In addition to the costs specified in division (H)(1) of | 37615 |
| this section, for nursing facilities only, direct care costs | 37616 |
| include costs of habilitation staff (other than habilitation | 37617 |
| supervisors), medical supplies, emergency oxygen, habilitation | 37618 |
| supplies, and universal precautions supplies. | 37619 |
| (3) In addition to the costs specified in division (H)(1) of | 37620 |
| this section, for intermediate care facilities for the mentally | 37621 |
| retarded only, direct care costs include both of the following: | 37622 |
| (a) Costs for physical therapists and physical therapy | 37623 |
| assistants, occupational therapists and occupational therapy | 37624 |
| assistants, speech therapists, audiologists, habilitation staff | 37625 |
| (including habilitation supervisors), qualified mental retardation | 37626 |
| professionals, program directors, social services staff, | 37627 |
| activities staff, off-site day programming, psychologists and | 37628 |
| psychology assistants, and social workers and counselors; | 37629 |
| (b) Costs of training and staff development, employee | 37630 |
| benefits, payroll taxes, and workers' compensation premiums or | 37631 |
| costs for self-insurance claims and related costs as specified in | 37632 |
| rules adopted under section 5111.02 of the Revised Code, for | 37633 |
| personnel listed in division (H)(3)(a) of this section. | 37634 |
| (4) Costs of other direct-care resources that are specified | 37635 |
| as direct care costs in rules adopted under section 5111.02 of the | 37636 |
| Revised Code. | 37637 |
| (I) "Fiscal year" means the fiscal year of this state, as | 37638 |
| specified in section 9.34 of the Revised Code. | 37639 |
| (J) "Franchise permit fee" means the following: | 37640 |
| (1) In the context of nursing facilities, the fee imposed by | 37641 |
| sections 3721.50 to 3721.58 of the Revised Code; | 37642 |
| (2) In the context of intermediate care facilities for the | 37643 |
| mentally retarded, the fee imposed by sections 5112.30 to 5112.39 | 37644 |
| of the Revised Code. | 37645 |
| (K) "Indirect care costs" means all reasonable costs incurred | 37646 |
| by an intermediate care facility for the mentally retarded other | 37647 |
| than direct care costs, other protected costs, or capital costs. | 37648 |
| "Indirect care costs" includes but is not limited to costs of | 37649 |
| habilitation supplies, pharmacy consultants, medical and | 37650 |
| habilitation records, program supplies, incontinence supplies, | 37651 |
| food, enterals, dietary supplies and personnel, laundry, | 37652 |
| housekeeping, security, administration, liability insurance, | 37653 |
| bookkeeping, purchasing department, human resources, | 37654 |
| communications, travel, dues, license fees, subscriptions, home | 37655 |
| office costs not otherwise allocated, legal services, accounting | 37656 |
| services, minor equipment, maintenance and repairs, help-wanted | 37657 |
| advertising, informational advertising, start-up costs, | 37658 |
| organizational expenses, other interest, property insurance, | 37659 |
| employee training and staff development, employee benefits, | 37660 |
| payroll taxes, and workers' compensation premiums or costs for | 37661 |
| self-insurance claims and related costs as specified in rules | 37662 |
| adopted under section 5111.02 of the Revised Code, for personnel | 37663 |
| listed in this division. Notwithstanding division (C)(1) of this | 37664 |
| section, "indirect care costs" also means the cost of equipment, | 37665 |
| including vehicles, acquired by operating lease executed before | 37666 |
| December 1, 1992, if the costs are reported as administrative and | 37667 |
| general costs on the facility's cost report for the cost reporting | 37668 |
| period ending December 31, 1992. | 37669 |
| (L) "Inpatient days" means all days during which a resident, | 37670 |
| regardless of payment source, occupies a bed in a nursing facility | 37671 |
| or intermediate care facility for the mentally retarded that is | 37672 |
| included in the facility's certified capacity under Title XIX. | 37673 |
| Therapeutic or hospital leave days for which payment is made under | 37674 |
| section 5111.33 of the Revised Code are considered inpatient days | 37675 |
| proportionate to the percentage of the facility's per resident per | 37676 |
| day rate paid for those days. | 37677 |
| (M) "Intermediate care facility for the mentally retarded" | 37678 |
| means an intermediate care facility for the mentally retarded | 37679 |
| certified as in compliance with applicable standards for the | 37680 |
| medicaid program by the director of health in accordance with | 37681 |
| Title XIX. | 37682 |
| (N) "Maintenance and repair expenses" means, except as | 37683 |
| provided in division (BB)(2) of this section, expenditures that | 37684 |
| are necessary and proper to maintain an asset in a normally | 37685 |
| efficient working condition and that do not extend the useful life | 37686 |
| of the asset two years or more. "Maintenance and repair expenses" | 37687 |
| includes but is not limited to the cost of ordinary repairs such | 37688 |
| as painting and wallpapering. | 37689 |
| (O) "Medicaid days" means all days during which a resident | 37690 |
| who is a Medicaid recipient eligible for nursing facility services | 37691 |
| occupies a bed in a nursing facility that is included in the | 37692 |
| nursing facility's certified capacity under Title XIX. Therapeutic | 37693 |
| or hospital leave days for which payment is made under section | 37694 |
| 5111.33 of the Revised Code are considered Medicaid days | 37695 |
| proportionate to the percentage of the nursing facility's per | 37696 |
| resident per day rate paid for those days. | 37697 |
| (P) "Nursing facility" means a facility, or a distinct part | 37698 |
| of a facility, that is certified as a nursing facility by the | 37699 |
| director of health in accordance with Title XIX and is not an | 37700 |
| intermediate care facility for the mentally retarded. "Nursing | 37701 |
| facility" includes a facility, or a distinct part of a facility, | 37702 |
| that is certified as a nursing facility by the director of health | 37703 |
| in accordance with Title XIX and is certified as a skilled nursing | 37704 |
| facility by the director in accordance with Title XVIII. | 37705 |
| (Q) "Operator" means the person or government entity | 37706 |
| responsible for the daily operating and management decisions for a | 37707 |
| nursing facility or intermediate care facility for the mentally | 37708 |
| retarded. | 37709 |
| (R) "Other protected costs" means costs incurred by an | 37710 |
| intermediate care facility for the mentally retarded for medical | 37711 |
| supplies; real estate, franchise, and property taxes; natural gas, | 37712 |
| fuel oil, water, electricity, sewage, and refuse and hazardous | 37713 |
| medical waste collection; allocated other protected home office | 37714 |
| costs; and any additional costs defined as other protected costs | 37715 |
| in rules adopted under section 5111.02 of the Revised Code. | 37716 |
| (S)(1) "Owner" means any person or government entity that has | 37717 |
| at least five per cent ownership or interest, either directly, | 37718 |
| indirectly, or in any combination, in any of the following | 37719 |
| regarding a nursing facility or intermediate care facility for the | 37720 |
| mentally retarded: | 37721 |
| (a) The land on which the facility is located; | 37722 |
| (b) The structure in which the facility is located; | 37723 |
| (c) Any mortgage, contract for deed, or other obligation | 37724 |
| secured in whole or in part by the land or structure on or in | 37725 |
| which the facility is located; | 37726 |
| (d) Any lease or sublease of the land or structure on or in | 37727 |
| which the facility is located. | 37728 |
| (2) "Owner" does not mean a holder of a debenture or bond | 37729 |
| related to the nursing facility or intermediate care facility for | 37730 |
| the mentally retarded and purchased at public issue or a regulated | 37731 |
| lender that has made a loan related to the facility unless the | 37732 |
| holder or lender operates the facility directly or through a | 37733 |
| subsidiary. | 37734 |
| (T) "Patient" includes "resident." | 37735 |
| (U) Except as provided in divisions (U)(1) and (2) of this | 37736 |
| section, "per diem" means a nursing facility's or intermediate | 37737 |
| care facility for the mentally retarded's actual, allowable costs | 37738 |
| in a given cost center in a cost reporting period, divided by the | 37739 |
| facility's inpatient days for that cost reporting period. | 37740 |
| (1) When calculating indirect care costs for the purpose of | 37741 |
| establishing rates under section 5111.241 of the Revised Code, | 37742 |
| "per diem" means an intermediate care facility for the mentally | 37743 |
| retarded's actual, allowable indirect care costs in a cost | 37744 |
| reporting period divided by the greater of the facility's | 37745 |
| inpatient days for that period or the number of inpatient days the | 37746 |
| facility would have had during that period if its occupancy rate | 37747 |
| had been eighty-five per cent. | 37748 |
| (2) When calculating capital costs for the purpose of | 37749 |
| establishing rates under section 5111.251 of the Revised Code, | 37750 |
| "per diem" means a facility's actual, allowable capital costs in a | 37751 |
| cost reporting period divided by the greater of the facility's | 37752 |
| inpatient days for that period or the number of inpatient days the | 37753 |
| facility would have had during that period if its occupancy rate | 37754 |
| had been ninety-five per cent. | 37755 |
| (V) "Provider" means an operator with a provider agreement. | 37756 |
| (W) "Provider agreement" means a contract between the | 37757 |
| department of job and family services and the operator of a | 37758 |
| nursing facility or intermediate care facility for the mentally | 37759 |
| retarded for the provision of nursing facility services or | 37760 |
| intermediate care facility services for the mentally retarded | 37761 |
| under the medicaid program. | 37762 |
| (X) "Purchased nursing services" means services that are | 37763 |
| provided in a nursing facility by registered nurses, licensed | 37764 |
| practical nurses, or nurse aides who are not employees of the | 37765 |
| facility. | 37766 |
| (Y) "Reasonable" means that a cost is an actual cost that is | 37767 |
| appropriate and helpful to develop and maintain the operation of | 37768 |
| patient care facilities and activities, including normal standby | 37769 |
| costs, and that does not exceed what a prudent buyer pays for a | 37770 |
| given item or services. Reasonable costs may vary from provider to | 37771 |
| provider and from time to time for the same provider. | 37772 |
| (Z) "Related party" means an individual or organization that, | 37773 |
| to a significant extent, has common ownership with, is associated | 37774 |
| or affiliated with, has control of, or is controlled by, the | 37775 |
| provider. | 37776 |
| (1) An individual who is a relative of an owner is a related | 37777 |
| party. | 37778 |
| (2) Common ownership exists when an individual or individuals | 37779 |
| possess significant ownership or equity in both the provider and | 37780 |
| the other organization. Significant ownership or equity exists | 37781 |
| when an individual or individuals possess five per cent ownership | 37782 |
| or equity in both the provider and a supplier. Significant | 37783 |
| ownership or equity is presumed to exist when an individual or | 37784 |
| individuals possess ten per cent ownership or equity in both the | 37785 |
| provider and another organization from which the provider | 37786 |
| purchases or leases real property. | 37787 |
| (3) Control exists when an individual or organization has the | 37788 |
| power, directly or indirectly, to significantly influence or | 37789 |
| direct the actions or policies of an organization. | 37790 |
| (4) An individual or organization that supplies goods or | 37791 |
| services to a provider shall not be considered a related party if | 37792 |
| all of the following conditions are met: | 37793 |
| (a) The supplier is a separate bona fide organization. | 37794 |
| (b) A substantial part of the supplier's business activity of | 37795 |
| the type carried on with the provider is transacted with others | 37796 |
| than the provider and there is an open, competitive market for the | 37797 |
| types of goods or services the supplier furnishes. | 37798 |
| (c) The types of goods or services are commonly obtained by | 37799 |
| other nursing facilities or intermediate care facilities for the | 37800 |
| mentally retarded from outside organizations and are not a basic | 37801 |
| element of patient care ordinarily furnished directly to patients | 37802 |
| by the facilities. | 37803 |
| (d) The charge to the provider is in line with the charge for | 37804 |
| the goods or services in the open market and no more than the | 37805 |
| charge made under comparable circumstances to others by the | 37806 |
| supplier. | 37807 |
| (AA) "Relative of owner" means an individual who is related | 37808 |
| to an owner of a nursing facility or intermediate care facility | 37809 |
| for the mentally retarded by one of the following relationships: | 37810 |
| (1) Spouse; | 37811 |
| (2) Natural parent, child, or sibling; | 37812 |
| (3) Adopted parent, child, or sibling; | 37813 |
| (4) Stepparent, stepchild, stepbrother, or stepsister; | 37814 |
| (5) Father-in-law, mother-in-law, son-in-law, | 37815 |
| daughter-in-law, brother-in-law, or sister-in-law; | 37816 |
| (6) Grandparent or grandchild; | 37817 |
| (7) Foster caregiver, foster child, foster brother, or foster | 37818 |
| sister. | 37819 |
| (BB) "Renovation" and "extensive renovation" mean: | 37820 |
| (1) Any betterment, improvement, or restoration of an | 37821 |
| intermediate care facility for the mentally retarded started | 37822 |
| before July 1, 1993, that meets the definition of a renovation or | 37823 |
| extensive renovation established in rules adopted by the director | 37824 |
| of job and family services in effect on December 22, 1992. | 37825 |
| (2) In the case of betterments, improvements, and | 37826 |
| restorations of intermediate care facilities for the mentally | 37827 |
| retarded started on or after July 1, 1993: | 37828 |
| (a) "Renovation" means the betterment, improvement, or | 37829 |
| restoration of an intermediate care facility for the mentally | 37830 |
| retarded beyond its current functional capacity through a | 37831 |
| structural change that costs at least five hundred dollars per | 37832 |
| bed. A renovation may include betterment, improvement, | 37833 |
| restoration, or replacement of assets that are affixed to the | 37834 |
| building and have a useful life of at least five years. A | 37835 |
| renovation may include costs that otherwise would be considered | 37836 |
| maintenance and repair expenses if they are an integral part of | 37837 |
| the structural change that makes up the renovation project. | 37838 |
| "Renovation" does not mean construction of additional space for | 37839 |
| beds that will be added to a facility's licensed or certified | 37840 |
| capacity. | 37841 |
| (b) "Extensive renovation" means a renovation that costs more | 37842 |
| than sixty-five per cent and no more than eighty-five per cent of | 37843 |
| the cost of constructing a new bed and that extends the useful | 37844 |
| life of the assets for at least ten years. | 37845 |
| For the purposes of division (BB)(2) of this section, the | 37846 |
| cost of constructing a new bed shall be considered to be forty | 37847 |
| thousand dollars, adjusted for the estimated rate of inflation | 37848 |
| from January 1, 1993, to the end of the calendar year during which | 37849 |
| the renovation is completed, using the consumer price index for | 37850 |
| shelter costs for all urban consumers for the north central | 37851 |
| region, as published by the United States bureau of labor | 37852 |
| statistics. | 37853 |
| The department of job and family services may treat a | 37854 |
| renovation that costs more than eighty-five per cent of the cost | 37855 |
| of constructing new beds as an extensive renovation if the | 37856 |
| department determines that the renovation is more prudent than | 37857 |
| construction of new beds. | 37858 |
| (CC) "Title XIX" means Title XIX of the "Social Security | 37859 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended. | 37860 |
| (DD) "Title XVIII" means Title XVIII of the "Social Security | 37861 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended. | 37862 |
| Sec. 5111.84. The director of job and family services may not | 37863 |
| submit a request to the United States secretary of health and | 37864 |
| human services for a medicaid waiver under section 1115 of the | 37865 |
| "Social Security Act of 1935," 42 U.S.C. 1315, unless the director | 37866 |
| provides the speaker of the house of representatives and president | 37867 |
| of the senate written notice of director's intent to submit the | 37868 |
| request at least ten days before the date the director submits the | 37869 |
| request to the United States secretary. The notice shall include a | 37870 |
| detailed explanation of the medicaid waiver the director proposes | 37871 |
| to seek. | 37872 |
| Sec. 5111.861. (A) "Home and community-based services | 37873 |
| medicaid waiver component" has the same meaning as in section | 37874 |
| 5111.851 of the Revised Code. | 37875 |
| (B) The director shall submit a request to the United States | 37876 |
| secretary of health and human services to approve amendments to | 37877 |
| one or more home and community-based services medicaid waiver | 37878 |
| components to do one or more of the following: | 37879 |
| (1) Allow a participant receiving services under a component | 37880 |
| to retain eligibility for those services while participating in | 37881 |
| the medicaid buy-in program established under section 5111.0119 of | 37882 |
| the Revised Code. | 37883 |
| (2) Make changes to one or more components so that the | 37884 |
| component or components contains one or more features of the | 37885 |
| medicaid buy-in program established under section 5111.0119 of the | 37886 |
| Revised Code. | 37887 |
| Sec. 5111.871. The department of job and family services | 37888 |
| shall enter into a contract with the department of mental | 37889 |
| retardation and developmental disabilities under section 5111.91 | 37890 |
| of the Revised Code with regard to one or more of the components | 37891 |
| of the medicaid program established by the department of job and | 37892 |
| family services under one or more of the medicaid waivers sought | 37893 |
| under section 5111.87 of the Revised Code. The contract shall | 37894 |
| provide for the department of mental retardation and developmental | 37895 |
| disabilities to administer the components in accordance with the | 37896 |
| terms of the waivers. The directors of job and family services and | 37897 |
| mental retardation and developmental disabilities shall adopt | 37898 |
| rules in accordance with Chapter 119. of the Revised Code | 37899 |
| governing the components. | 37900 |
| If the department of mental retardation and developmental | 37901 |
| disabilities or the department of job and family services denies | 37902 |
| an individual's application for home and community-based services | 37903 |
| provided under any of these medicaid components, the department | 37904 |
| that denied the services shall give timely notice to the | 37905 |
| individual that the individual may request a hearing under section | 37906 |
| 5101.35 of the Revised Code. | 37907 |
| The departments of mental retardation and developmental | 37908 |
| disabilities and job and family services may approve, reduce, | 37909 |
| deny, or terminate a service included in the individualized | 37910 |
| service plan developed for a medicaid recipient eligible for home | 37911 |
| and community-based services provided under any of these medicaid | 37912 |
| components. The departments shall consider the recommendations a | 37913 |
| county board of mental retardation and developmental disabilities | 37914 |
| makes under division (A)(1)(c) of section 5126.055 of the Revised | 37915 |
| Code. If either department approves, reduces, denies, or | 37916 |
| terminates a service, that department shall give timely notice to | 37917 |
| the medicaid recipient that the recipient may request a hearing | 37918 |
| under section 5101.35 of the Revised Code. | 37919 |
| If supported living | 37920 |
|
section 5126.01 of the Revised Code, | 37921 |
| service under any of these components, any person or government | 37922 |
| entity with a current, valid medicaid provider agreement and a | 37923 |
| current, valid | 37924 |
| section | 37925 |
| provide the | 37926 |
| If a service is to be provided under any of these components | 37927 |
| by a residential facility, as defined in section 5123.19 of the | 37928 |
| Revised Code, any person or government entity with a current, | 37929 |
| valid medicaid provider agreement and a current, valid license | 37930 |
| under section 5123.19 of the Revised Code may provide the service. | 37931 |
| Sec. 5111.8814. An intermediate care facility for the | 37932 |
| mentally retarded that converts in whole to providing home and | 37933 |
| community-based services under the ICF/MR conversion pilot program | 37934 |
| shall either be licensed as a residential facility under section | 37935 |
| 5123.19 of the Revised Code or certified to provide supported | 37936 |
| living under section | 37937 |
| intermediate care facility for the mentally retarded converts in | 37938 |
| part to providing such home and community-based services, the | 37939 |
| distinct part of the facility that provides the home and | 37940 |
| community-based services shall either be licensed as a residential | 37941 |
| facility under section 5123.19 of the Revised Code or certified to | 37942 |
| provide supported living under section | 37943 |
| Revised Code. The facility or distinct part of the facility shall | 37944 |
| be licensed as a residential facility rather than certified to | 37945 |
| provide supported living if it meets the definition of | 37946 |
| "residential facility" in section 5123.19 of the Revised Code. | 37947 |
| Sec. 5111.891. To be eligible for the assisted living | 37948 |
| program, an individual must meet all of the following | 37949 |
| requirements: | 37950 |
| (A) Need an intermediate level of care as determined under | 37951 |
| rule 5101:3-3-06 of the Administrative Code; | 37952 |
| (B) At the time the individual applies for the assisted | 37953 |
| living program, be one of the following: | 37954 |
| (1) A nursing facility resident who is seeking to move to a | 37955 |
| residential care facility and would remain in a nursing facility | 37956 |
| for long term care if not for the assisted living program; | 37957 |
| (2) A participant of any of the following medicaid waiver | 37958 |
| components who would move to a nursing facility if not for the | 37959 |
| assisted living program: | 37960 |
| (a) The PASSPORT program created under section 173.40 of the | 37961 |
| Revised Code; | 37962 |
| (b) The medicaid waiver component called the choices program | 37963 |
| that the department of aging administers; | 37964 |
| (c) A medicaid waiver component that the department of job | 37965 |
| and family services administers. | 37966 |
| (3) A resident of a residential care facility who has resided | 37967 |
| in a residential care facility for at least six months immediately | 37968 |
| before the date the individual applies for the assisted living | 37969 |
| program. | 37970 |
| (C) At the time the individual receives assisted living | 37971 |
| services under the assisted living program, reside in a | 37972 |
| residential care facility, including both of the following: | 37973 |
| (1) A residential care facility that is owned or operated by | 37974 |
| a metropolitan housing authority that has a contract with the | 37975 |
| United States department of housing and urban development to | 37976 |
| receive an operating subsidy or rental assistance for the | 37977 |
| residents of the facility; | 37978 |
| (2) A county or district home licensed as a residential care | 37979 |
| facility. | 37980 |
| (D) Meet all other eligibility requirements for the assisted | 37981 |
| living program established in rules adopted under section 5111.85 | 37982 |
| of the Revised Code. | 37983 |
| Sec. 5112.341. (A) In addition to assessing a penalty | 37984 |
| pursuant to section 5112.34 of the Revised Code, the department of | 37985 |
| job and family services may do either or both of the following if | 37986 |
| an intermediate care facility for the mentally retarded fails to | 37987 |
| pay the full amount of a franchise permit fee installment when | 37988 |
| due: | 37989 |
|
(1) | 37990 |
| installment and penalty assessed under section 5112.34 of the | 37991 |
| Revised Code from a medicaid payment due the facility | 37992 |
| 37993 |
| (2) Terminate the facility's medicaid provider agreement. | 37994 |
|
(B) The department may | 37995 |
| under division (A)(1) of this section without providing notice to | 37996 |
| the intermediate care facility for the mentally retarded and | 37997 |
| without conducting an adjudication under Chapter 119. of the | 37998 |
| Revised Code. | 37999 |
| Sec. 5115.12. (A) The director of job and family services | 38000 |
| shall adopt rules in accordance with section 111.15 of the Revised | 38001 |
| Code governing the disability medical assistance program. The | 38002 |
| rules may establish or specify any or all of the following: | 38003 |
| (1) Income, resource, citizenship, age, residence, living | 38004 |
| arrangement, and other eligibility requirements; | 38005 |
| (2) Health services to be included in the program; | 38006 |
| (3) The maximum authorized amount, scope, duration, or limit | 38007 |
| of payment for services; | 38008 |
| (4) Limits on the length of time an individual may receive | 38009 |
| disability medical assistance; | 38010 |
| (5) Limits on the total number of individuals in the state | 38011 |
| who may receive disability medical assistance; | 38012 |
| (6) Limits on the number and types of providers eligible to | 38013 |
| be reimbursed for services provided to individuals enrolled in the | 38014 |
| program. | 38015 |
| (B) For purposes of limiting the cost of the disability | 38016 |
| medical assistance program, the director may do either of the | 38017 |
| following: | 38018 |
| (1) Adopt rules in accordance with section 111.15 of the | 38019 |
| Revised Code that revise the program's eligibility requirements; | 38020 |
| the maximum authorized amount, scope, duration, or limit of | 38021 |
| payment for services included in the program; or any other | 38022 |
| requirement or standard established or specified by rules adopted | 38023 |
| under division (A) of this section or under section 5115.10 of the | 38024 |
| Revised Code; | 38025 |
| (2) Suspend acceptance of applications for disability medical | 38026 |
| assistance. While a suspension is in effect, no person shall | 38027 |
| receive a determination or redetermination of eligibility for | 38028 |
| disability medical assistance unless the person was receiving the | 38029 |
| assistance during the month immediately preceding the suspension's | 38030 |
| effective date or the person submitted an application prior to the | 38031 |
| suspension's effective date and receives a determination of | 38032 |
| eligibility based on that application. The director may adopt | 38033 |
| rules in accordance with section 111.15 of the Revised Code | 38034 |
| establishing requirements and specifying procedures applicable to | 38035 |
| the suspension of acceptance of applications. | 38036 |
| Sec. 5119.611. (A) A community mental health agency that | 38037 |
| seeks certification of its community mental health services shall | 38038 |
| submit an application to the director of mental health. On receipt | 38039 |
| of the application, the director may visit and shall evaluate the | 38040 |
| agency to determine whether its services satisfy the standards | 38041 |
| established by
rules
adopted under division | 38042 |
| section. The director shall make the evaluation, and, if the | 38043 |
| director visits the agency, shall make the visit, in cooperation | 38044 |
| with the board of alcohol, drug addiction, and mental health | 38045 |
| services with which the agency seeks to contract under division | 38046 |
| (A)(8)(a) of section 340.03 of the Revised Code. | 38047 |
| | 38048 |
| director determines that a community mental health agency's | 38049 |
| services satisfy the standards and the agency has paid the fee | 38050 |
| required under division (B) of this section, the director shall | 38051 |
|
certify | 38052 |
| 38053 |
| If the director determines that a community mental health | 38054 |
| agency's services do not satisfy the standards, the director shall | 38055 |
| identify the areas of noncompliance, specify what action is | 38056 |
| necessary to satisfy the standards, and offer technical assistance | 38057 |
| to the board of alcohol, drug addiction, and mental health | 38058 |
| services so that the board may assist the agency in satisfying the | 38059 |
| standards. The director shall give the agency a reasonable time | 38060 |
| within which to demonstrate that its services satisfy the | 38061 |
| standards or to bring the services into compliance with the | 38062 |
| standards. If the director concludes that the services continue to | 38063 |
| fail to satisfy the standards, the director may request that the | 38064 |
| board reallocate the funds for the community mental health | 38065 |
| services the agency was to provide to another community mental | 38066 |
| health agency whose community mental health services satisfy the | 38067 |
| standards. If the board does not reallocate those funds in a | 38068 |
| reasonable period of time, the director may withhold state and | 38069 |
| federal funds for the community mental health services and | 38070 |
| allocate those funds directly to a community mental health agency | 38071 |
| whose community mental health services satisfy the standards. | 38072 |
| (B) Each community mental health agency seeking certification | 38073 |
| of its community mental health services under this section shall | 38074 |
| pay a fee for the certification review required by this section. | 38075 |
| Fees shall be paid into the sale of goods and services fund | 38076 |
| created pursuant to section 5119.161 of the Revised Code. | 38077 |
| (C) | 38078 |
| 38079 | |
| 38080 | |
| 38081 | |
| 38082 | |
| 38083 | |
| 38084 | |
| 38085 | |
| 38086 | |
| 38087 | |
| 38088 | |
| 38089 | |
| 38090 | |
| 38091 |
| | 38092 |
| 119. of the Revised Code to implement this section. The rules | 38093 |
| shall do all of the following: | 38094 |
| (1) Establish certification standards for community mental | 38095 |
| health services, including assertive community treatment and | 38096 |
| intensive home-based mental health services, that are consistent | 38097 |
| with nationally recognized applicable standards and facilitate | 38098 |
| participation in federal assistance programs. The rules shall | 38099 |
| include as certification standards only requirements that improve | 38100 |
| the quality of services or the health and safety of clients of | 38101 |
| community mental health services. The standards shall address at a | 38102 |
| minimum all of the following: | 38103 |
| (a) Reporting major unusual incidents to the director; | 38104 |
| (b) Procedures for applicants for and clients of community | 38105 |
| mental health services to file grievances and complaints; | 38106 |
| (c) Seclusion; | 38107 |
| (d) Restraint; | 38108 |
| (e) Development of written policies addressing the rights of | 38109 |
| clients, including all of the following: | 38110 |
| (i) The right to a copy of the written policies addressing | 38111 |
| client rights; | 38112 |
| (ii) The right at all times to be treated with consideration | 38113 |
| and respect for the client's privacy and dignity; | 38114 |
| (iii) The right to have access to the client's own | 38115 |
| psychiatric, medical, or other treatment records unless access is | 38116 |
| specifically restricted in the client's treatment plan for clear | 38117 |
| treatment reasons; | 38118 |
| (iv) The right to have a client rights officer provided by | 38119 |
| the agency or board of alcohol, drug addiction, and mental health | 38120 |
| services advise the client of the client's rights, including the | 38121 |
| client's rights under Chapter 5122. of the Revised Code if the | 38122 |
| client is committed to the agency or board. | 38123 |
| (2) Establish standards for qualifications of mental health | 38124 |
| professionals as defined in section 340.02 of the Revised Code and | 38125 |
| personnel who provide the community mental health services; | 38126 |
| (3) Establish the process for certification of community | 38127 |
| mental health services; | 38128 |
| (4) Set the amount of certification review fees based on a | 38129 |
| portion of the cost of performing the review; | 38130 |
| (5) Specify the type of notice and hearing to be provided | 38131 |
| prior to a decision on whether to reallocate funds. | 38132 |
| Sec. 5123.01. As used in this chapter: | 38133 |
| (A) "Chief medical officer" means the licensed physician | 38134 |
| appointed by the managing officer of an institution for the | 38135 |
| mentally retarded with the approval of the director of mental | 38136 |
| retardation and developmental disabilities to provide medical | 38137 |
| treatment for residents of the institution. | 38138 |
| (B) "Chief program director" means a person with special | 38139 |
| training and experience in the diagnosis and management of the | 38140 |
| mentally retarded, certified according to division (C) of this | 38141 |
| section in at least one of the designated fields, and appointed by | 38142 |
| the managing officer of an institution for the mentally retarded | 38143 |
| with the approval of the director to provide habilitation and care | 38144 |
| for residents of the institution. | 38145 |
| (C) "Comprehensive evaluation" means a study, including a | 38146 |
| sequence of observations and examinations, of a person leading to | 38147 |
| conclusions and recommendations formulated jointly, with | 38148 |
| dissenting opinions if any, by a group of persons with special | 38149 |
| training and experience in the diagnosis and management of persons | 38150 |
| with mental retardation or a developmental disability, which group | 38151 |
| shall include individuals who are professionally qualified in the | 38152 |
| fields of medicine, psychology, and social work, together with | 38153 |
| such other specialists as the individual case may require. | 38154 |
| (D) "Education" means the process of formal training and | 38155 |
| instruction to facilitate the intellectual and emotional | 38156 |
| development of residents. | 38157 |
| (E) "Habilitation" means the process by which the staff of | 38158 |
| the institution assists the resident in acquiring and maintaining | 38159 |
| those life skills that enable the resident to cope more | 38160 |
| effectively with the demands of the resident's own person and of | 38161 |
| the resident's environment and in raising the level of the | 38162 |
| resident's physical, mental, social, and vocational efficiency. | 38163 |
| Habilitation includes but is not limited to programs of formal, | 38164 |
| structured education and training. | 38165 |
| (F) "Health officer" means any public health physician, | 38166 |
| public health nurse, or other person authorized or designated by a | 38167 |
| city or general health district. | 38168 |
| (G) "Home and community-based services" means medicaid-funded | 38169 |
| home and community-based services specified in division (B)(1) of | 38170 |
| section 5111.87 of the Revised Code provided under the medicaid | 38171 |
| waiver components the department of mental retardation and | 38172 |
| developmental disabilities administers pursuant to section | 38173 |
| 5111.871 of the Revised Code. | 38174 |
| (H) "Indigent person" means a person who is unable, without | 38175 |
| substantial financial hardship, to provide for the payment of an | 38176 |
| attorney and for other necessary expenses of legal representation, | 38177 |
| including expert testimony. | 38178 |
| (I) "Institution" means a public or private facility, or a | 38179 |
| part of a public or private facility, that is licensed by the | 38180 |
| appropriate state department and is equipped to provide | 38181 |
| residential habilitation, care, and treatment for the mentally | 38182 |
| retarded. | 38183 |
| (J) "Licensed physician" means a person who holds a valid | 38184 |
| certificate issued under Chapter 4731. of the Revised Code | 38185 |
| authorizing the person to practice medicine and surgery or | 38186 |
| osteopathic medicine and surgery, or a medical officer of the | 38187 |
| government of the United States while in the performance of the | 38188 |
| officer's official duties. | 38189 |
| (K) "Managing officer" means a person who is appointed by the | 38190 |
| director of mental retardation and developmental disabilities to | 38191 |
| be in executive control of an institution for the mentally | 38192 |
| retarded under the jurisdiction of the department. | 38193 |
| (L) "Medicaid" has the same meaning as in section 5111.01 of | 38194 |
| the Revised Code. | 38195 |
| (M) "Medicaid case management services" means case management | 38196 |
| services provided to an individual with mental retardation or | 38197 |
| other developmental disability that the state medicaid plan | 38198 |
| requires. | 38199 |
| (N) "Mentally retarded person" means a person having | 38200 |
| significantly subaverage general intellectual functioning existing | 38201 |
| concurrently with deficiencies in adaptive behavior, manifested | 38202 |
| during the developmental period. | 38203 |
| (O) "Mentally retarded person subject to institutionalization | 38204 |
| by court order" means a person eighteen years of age or older who | 38205 |
| is at least moderately mentally retarded and in relation to whom, | 38206 |
| because of the person's retardation, either of the following | 38207 |
| conditions exist: | 38208 |
| (1) The person represents a very substantial risk of physical | 38209 |
| impairment or injury to self as manifested by evidence that the | 38210 |
| person is unable to provide for and is not providing for the | 38211 |
| person's most basic physical needs and that provision for those | 38212 |
| needs is not available in the community; | 38213 |
| (2) The person needs and is susceptible to significant | 38214 |
| habilitation in an institution. | 38215 |
| (P) "A person who is at least moderately mentally retarded" | 38216 |
| means a person who is found, following a comprehensive evaluation, | 38217 |
| to be impaired in adaptive behavior to a moderate degree and to be | 38218 |
| functioning at the moderate level of intellectual functioning in | 38219 |
| accordance with standard measurements as recorded in the most | 38220 |
| current revision of the manual of terminology and classification | 38221 |
| in mental retardation published by the American association on | 38222 |
| mental retardation. | 38223 |
| (Q) As used in this division, "substantial functional | 38224 |
| limitation," "developmental delay," and "established risk" have | 38225 |
| the meanings established pursuant to section 5123.011 of the | 38226 |
| Revised Code. | 38227 |
| "Developmental disability" means a severe, chronic disability | 38228 |
| that is characterized by all of the following: | 38229 |
| (1) It is attributable to a mental or physical impairment or | 38230 |
| a combination of mental and physical impairments, other than a | 38231 |
| mental or physical impairment solely caused by mental illness as | 38232 |
| defined in division (A) of section 5122.01 of the Revised Code. | 38233 |
| (2) It is manifested before age twenty-two. | 38234 |
| (3) It is likely to continue indefinitely. | 38235 |
| (4) It results in one of the following: | 38236 |
| (a) In the case of a person under three years of age, at | 38237 |
| least one developmental delay or an established risk; | 38238 |
| (b) In the case of a person at least three years of age but | 38239 |
| under six years of age, at least two developmental delays or an | 38240 |
| established risk; | 38241 |
| (c) In the case of a person six years of age or older, a | 38242 |
| substantial functional limitation in at least three of the | 38243 |
| following areas of major life activity, as appropriate for the | 38244 |
| person's age: self-care, receptive and expressive language, | 38245 |
| learning, mobility, self-direction, capacity for independent | 38246 |
| living, and, if the person is at least sixteen years of age, | 38247 |
| capacity for economic self-sufficiency. | 38248 |
| (5) It causes the person to need a combination and sequence | 38249 |
| of special, interdisciplinary, or other type of care, treatment, | 38250 |
| or provision of services for an extended period of time that is | 38251 |
| individually planned and coordinated for the person. | 38252 |
| (R) "Developmentally disabled person" means a person with a | 38253 |
| developmental disability. | 38254 |
| (S) "State institution" means an institution that is | 38255 |
| tax-supported and under the jurisdiction of the department. | 38256 |
| (T) "Residence" and "legal residence" have the same meaning | 38257 |
| as "legal settlement," which is acquired by residing in Ohio for a | 38258 |
| period of one year without receiving general assistance prior to | 38259 |
| July 17, 1995, under former Chapter 5113. of the Revised Code, | 38260 |
| financial assistance under Chapter 5115. of the Revised Code, or | 38261 |
| assistance from a private agency that maintains records of | 38262 |
| assistance given. A person having a legal settlement in the state | 38263 |
| shall be considered as having legal settlement in the assistance | 38264 |
| area in which the person resides. No adult person coming into this | 38265 |
| state and having a spouse or minor children residing in another | 38266 |
| state shall obtain a legal settlement in this state as long as the | 38267 |
| spouse or minor children are receiving public assistance, care, or | 38268 |
| support at the expense of the other state or its subdivisions. For | 38269 |
| the purpose of determining the legal settlement of a person who is | 38270 |
| living in a public or private institution or in a home subject to | 38271 |
| licensing by the department of job and family services, the | 38272 |
| department of mental health, or the department of mental | 38273 |
| retardation and developmental disabilities, the residence of the | 38274 |
| person shall be considered as though the person were residing in | 38275 |
| the county in which the person was living prior to the person's | 38276 |
| entrance into the institution or home. Settlement once acquired | 38277 |
| shall continue until a person has been continuously absent from | 38278 |
| Ohio for a period of one year or has acquired a legal residence in | 38279 |
| another state. A woman who marries a man with legal settlement in | 38280 |
| any county immediately acquires the settlement of her husband. The | 38281 |
| legal settlement of a minor is that of the parents, surviving | 38282 |
| parent, sole parent, parent who is designated the residential | 38283 |
| parent and legal custodian by a court, other adult having | 38284 |
| permanent custody awarded by a court, or guardian of the person of | 38285 |
| the minor, provided that: | 38286 |
| (1) A minor female who marries shall be considered to have | 38287 |
| the legal settlement of her husband and, in the case of death of | 38288 |
| her husband or divorce, she shall not thereby lose her legal | 38289 |
| settlement obtained by the marriage. | 38290 |
| (2) A minor male who marries, establishes a home, and who has | 38291 |
| resided in this state for one year without receiving general | 38292 |
| assistance prior to July 17, 1995, under former Chapter 5113. of | 38293 |
| the Revised Code, financial assistance under Chapter 5115. of the | 38294 |
| Revised Code, or assistance from a private agency that maintains | 38295 |
| records of assistance given shall be considered to have obtained a | 38296 |
| legal settlement in this state. | 38297 |
| (3) The legal settlement of a child under eighteen years of | 38298 |
| age who is in the care or custody of a public or private child | 38299 |
| caring agency shall not change if the legal settlement of the | 38300 |
| parent changes until after the child has been in the home of the | 38301 |
| parent for a period of one year. | 38302 |
| No person, adult or minor, may establish a legal settlement | 38303 |
| in this state for the purpose of gaining admission to any state | 38304 |
| institution. | 38305 |
| (U)(1) "Resident" means, subject to division (R)(2) of this | 38306 |
| section, a person who is admitted either voluntarily or | 38307 |
| involuntarily to an institution or other facility pursuant to | 38308 |
| section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 38309 |
| Code subsequent to a finding of not guilty by reason of insanity | 38310 |
| or incompetence to stand trial or under this chapter who is under | 38311 |
| observation or receiving habilitation and care in an institution. | 38312 |
| (2) "Resident" does not include a person admitted to an | 38313 |
| institution or other facility under section 2945.39, 2945.40, | 38314 |
| 2945.401, or 2945.402 of the Revised Code to the extent that the | 38315 |
| reference in this chapter to resident, or the context in which the | 38316 |
| reference occurs, is in conflict with any provision of sections | 38317 |
| 2945.37 to 2945.402 of the Revised Code. | 38318 |
| (V) "Respondent" means the person whose detention, | 38319 |
| commitment, or continued commitment is being sought in any | 38320 |
| proceeding under this chapter. | 38321 |
| (W) "Working day" and "court day" mean Monday, Tuesday, | 38322 |
| Wednesday, Thursday, and Friday, except when such day is a legal | 38323 |
| holiday. | 38324 |
| (X) "Prosecutor" means the prosecuting attorney, village | 38325 |
| solicitor, city director of law, or similar chief legal officer | 38326 |
| who prosecuted a criminal case in which a person was found not | 38327 |
| guilty by reason of insanity, who would have had the authority to | 38328 |
| prosecute a criminal case against a person if the person had not | 38329 |
| been found incompetent to stand trial, or who prosecuted a case in | 38330 |
| which a person was found guilty. | 38331 |
| (Y) "Court" means the probate division of the court of common | 38332 |
| pleas. | 38333 |
| (Z) "Supported living" has the same meaning as in section | 38334 |
| 5126.01 of the Revised Code. | 38335 |
| Sec. 5123.033. The program fee fund is hereby created in the | 38336 |
| state treasury. All fees collected pursuant to sections 5123.161, | 38337 |
| 5123.164, 5123.19, and 5126.25 of the Revised Code shall be | 38338 |
| credited to the fund. Money credited to the fund shall be used | 38339 |
| solely for the department of mental retardation and developmental | 38340 |
| disabilities' duties under sections 5123.16 to 5123.169, 5123.19, | 38341 |
| and 5126.25 of the Revised Code and to provide continuing | 38342 |
| education and professional training to employees of county boards | 38343 |
| of mental retardation and developmental disabilities for the | 38344 |
| purpose of section 5126.25 of the Revised Code and other providers | 38345 |
| of services to individuals with mental retardation or a | 38346 |
| developmental disability. If the money credited to the fund is | 38347 |
| inadequate to pay all of the department's costs in performing | 38348 |
| those duties and providing the continuing education and | 38349 |
| professional training, the department may use other available | 38350 |
| funds appropriated to the department to pay the remaining costs of | 38351 |
| performing those duties and providing the continuing education and | 38352 |
| professional training. | 38353 |
| Sec. 5123.043. (A) The director of mental retardation and | 38354 |
| developmental disabilities shall adopt rules establishing | 38355 |
| procedures for administrative resolution of complaints filed under | 38356 |
| division (B) of this section and section 5126.06 of the Revised | 38357 |
| Code. The rules shall be adopted in accordance with Chapter 119. | 38358 |
| of the Revised Code. | 38359 |
| (B) Except as provided in division (C) of this section, any | 38360 |
| person or county board of mental retardation and developmental | 38361 |
| disabilities that has a complaint involving any of the programs, | 38362 |
| services, policies, or administrative practices of the department | 38363 |
| of mental retardation and developmental disabilities or any of the | 38364 |
| entities under contract with the department, may file a complaint | 38365 |
| with the department. Prior to commencing a civil action regarding | 38366 |
| the complaint, a person or county board shall attempt to have the | 38367 |
| complaint resolved through the administrative resolution process | 38368 |
| established in the rules adopted under this section. After | 38369 |
| exhausting the administrative resolution process, the person or | 38370 |
| county board may commence a civil action if the complaint is not | 38371 |
| settled to the person's or county board's satisfaction. | 38372 |
| (C) An employee of the department may not file under this | 38373 |
| section a complaint related to the terms and conditions of | 38374 |
| employment for the employee. | 38375 |
| | 38376 |
| 38377 | |
| 38378 | |
| 38379 | |
| 38380 | |
| 38381 |
| Sec. 5123.045. No person or government entity shall receive | 38382 |
| payment for providing home and community-based services unless the | 38383 |
| person or government entity is one of the following: | 38384 |
| (A) Certified under section | 38385 |
| Code; | 38386 |
| (B) Licensed as a residential facility under section 5123.19 | 38387 |
| of the Revised Code. | 38388 |
| Sec. 5123.047. | 38389 |
| developmental disabilities shall pay the nonfederal share of | 38390 |
|
medicaid expenditures for medicaid case management services | 38391 |
| 38392 | |
| 38393 | |
| 38394 | |
| 38395 | |
| 38396 |
| | 38397 |
| 38398 | |
| 38399 |
| | 38400 |
| 38401 | |
| 38402 | |
| 38403 |
| | 38404 |
| 38405 | |
| 38406 | |
| 38407 | |
| 38408 | |
| 38409 | |
| 38410 | |
| 38411 |
| | 38412 |
| 38413 | |
| 38414 | |
| board of mental retardation and developmental disabilities is | 38415 |
| required by section 5126.059 or 5126.0510 of the Revised Code to | 38416 |
| pay. | 38417 |
| Sec. 5123.048. The director of mental retardation and | 38418 |
| developmental disabilities may enter into an agreement with a | 38419 |
| county board of mental retardation and developmental disabilities | 38420 |
| under which the department of mental retardation and developmental | 38421 |
| disabilities is to pay the nonfederal share of medicaid | 38422 |
| expenditures for one or more of the home and community-based | 38423 |
| services | 38424 |
| 38425 | |
| county board would, if not for the agreement, be required by | 38426 |
| section 5126.0510 of the Revised Code to pay. The agreement shall | 38427 |
| specify which home and community-based services the agreement | 38428 |
| covers. The department shall pay the nonfederal share of medicaid | 38429 |
| expenditures for the home and community-based services that the | 38430 |
| agreement covers as long as the agreement is in effect. | 38431 |
| Sec. 5123.049. The director of mental retardation and | 38432 |
| developmental disabilities shall adopt rules in accordance with | 38433 |
| Chapter 119. of the Revised Code governing the authorization and | 38434 |
| payment of home and community-based services and medicaid case | 38435 |
| management services. The rules shall provide for private providers | 38436 |
| of the services to receive one hundred per cent of the medicaid | 38437 |
| allowable payment amount and for government providers of the | 38438 |
| services to receive the federal share of the medicaid allowable | 38439 |
| payment, less the amount withheld as a fee under section 5123.0412 | 38440 |
| of the Revised Code and any amount that may be required by rules | 38441 |
| adopted under section 5123.0413 of the Revised Code to be | 38442 |
| deposited into the state MR/DD risk fund. The rules shall | 38443 |
| establish the process by which county boards of mental retardation | 38444 |
| and developmental disabilities shall certify and provide the | 38445 |
| nonfederal share of medicaid expenditures that the county board is | 38446 |
| required by | 38447 |
| 5126.0510 of the Revised Code to pay. The process shall require a | 38448 |
| county board to certify that the county board has funding | 38449 |
| available at one time for two months costs for those expenditures. | 38450 |
| The process may permit a county board to certify that the county | 38451 |
| board has funding available at one time for more than two months | 38452 |
| costs for those expenditures. | 38453 |
| Sec. 5123.0411. The department of mental retardation and | 38454 |
| developmental disabilities may bring a mandamus action against a | 38455 |
| county board of mental retardation and developmental disabilities | 38456 |
| that fails to pay the nonfederal share of medicaid expenditures | 38457 |
|
that the county board is required by | 38458 |
| 38459 | |
| pay. The department may bring the mandamus action in the court of | 38460 |
| common pleas of the county served by the county board or in the | 38461 |
| Franklin county court of common pleas. | 38462 |
| Sec. 5123.0414. (A) When the director of mental retardation | 38463 |
| and developmental disabilities, under section 119.07 of the | 38464 |
| Revised Code, sends a party a notice by registered mail, return | 38465 |
| receipt requested, that the director intends to take action | 38466 |
| against the party authorized by section 5123.082, 5123.166, | 38467 |
| 5123.168, 5123.19, 5123.45, 5123.51, or 5126.25 of the Revised | 38468 |
| Code and the notice is returned to the director with an | 38469 |
| endorsement indicating that the notice was refused or unclaimed, | 38470 |
| the director shall resend the notice by ordinary mail to the | 38471 |
| party. | 38472 |
| (B) If the original notice was refused, the notice shall be | 38473 |
| deemed received as of the date the director resends the notice. | 38474 |
| (C) If the original notice was unclaimed, the notice shall be | 38475 |
| deemed received as of the date the director resends the notice | 38476 |
| unless, not later than thirty days after the date the director | 38477 |
| sent the original notice, the resent notice is returned to the | 38478 |
| director for failure of delivery. | 38479 |
| If the notice concerns taking action under section 5123.51 of | 38480 |
| the Revised Code and the resent notice is returned to the director | 38481 |
| for failure of delivery not later than thirty days after the date | 38482 |
| the director sent the original notice, the director shall cause | 38483 |
| the notice to be published in a newspaper of general circulation | 38484 |
| in the county of the party's last known residence or business and | 38485 |
| shall mail a dated copy of the published notice to the party at | 38486 |
| the last known address. The notice shall be deemed received as of | 38487 |
| the date of the publication. | 38488 |
| If the notice concerns taking action under section 5123.082, | 38489 |
| 5123.166, 5123.168, 5123.19, 5123.45, or 5126.25 of the Revised | 38490 |
| Code and the resent notice is returned to the director for failure | 38491 |
| of delivery not later than thirty days after the date the director | 38492 |
| sent the original notice, the director shall resend the notice to | 38493 |
| the party a second time. The notice shall be deemed received as of | 38494 |
| the date the director resends the notice the second time. | 38495 |
| Sec. 5123.0415. As used in this section, "license" means a | 38496 |
| license, certificate, or evidence of registration. | 38497 |
| Each person and government entity that applies for or holds a | 38498 |
| valid license issued under section 5123.082, 5123.161, 5123.19, | 38499 |
| 5123.45, 5126.25, or 5126.252 of the Revised Code shall notify the | 38500 |
| director of mental retardation and developmental disabilities of | 38501 |
| any change in the person or government entity's address. | 38502 |
| Sec. 5123.0416. (A) Subject to the availability of funds | 38503 |
| appropriated to the department of mental retardation and | 38504 |
| developmental disabilities for medicaid waiver state match, the | 38505 |
| department shall expend, in fiscal year 2009 and each fiscal year | 38506 |
| thereafter, not less than the amount appropriated in appropriation | 38507 |
| item 322-416, medicaid waiver – state match, in fiscal year 2008 | 38508 |
| to do both of the following: | 38509 |
| (1) Pay the nonfederal share of medicaid expenditures for | 38510 |
| home and community-based services that section 5123.047 of the | 38511 |
| Revised Code requires the department to pay; | 38512 |
| (2) Assist county boards of mental retardation and | 38513 |
| developmental disabilities in paying the nonfederal share of | 38514 |
| medicaid expenditures for home and community-based services that | 38515 |
| section 5126.0510 of the Revised Code requires county boards to | 38516 |
| pay. | 38517 |
| (B) The department may make the expenditures required by | 38518 |
| division (A)(2) of this section in the form of allocations to | 38519 |
| county boards or by other means. If the department makes the | 38520 |
| expenditures in the form of allocations, the process for making | 38521 |
| the allocations shall conform to a process the department shall | 38522 |
| establish after consulting with representatives of county boards. | 38523 |
| Sec. 5123.051. (A) If the department of mental retardation | 38524 |
| and developmental disabilities determines pursuant to an audit | 38525 |
| conducted under section 5123.05 of the Revised Code or a | 38526 |
| reconciliation
conducted under section 5123.18 | 38527 |
| Revised Code that money is owed the state by a provider of a | 38528 |
| service or program, the department may enter into a payment | 38529 |
| agreement with the provider. The agreement shall include the | 38530 |
| following: | 38531 |
| (1) A schedule of installment payments whereby the money owed | 38532 |
| the state is to be paid in full within a period not to exceed one | 38533 |
| year; | 38534 |
| (2) A provision that the provider may pay the entire balance | 38535 |
| owed at any time during the term of the agreement; | 38536 |
| (3) A provision that if any installment is not paid in full | 38537 |
| within forty-five days after it is due, the entire balance owed is | 38538 |
| immediately due and payable; | 38539 |
| (4) Any other terms and conditions that are agreed to by the | 38540 |
| department and the provider. | 38541 |
| (B) The department may include a provision in a payment | 38542 |
| agreement that requires the provider to pay interest on the money | 38543 |
| owed the state. The department, in its discretion, shall determine | 38544 |
| whether to require the payment of interest and, if it so requires, | 38545 |
| the rate of interest. Neither the obligation to pay interest nor | 38546 |
| the rate of interest is subject to negotiation between the | 38547 |
| department and the provider. | 38548 |
| (C) If the provider fails to pay any installment in full | 38549 |
| within forty-five days after its due date, the department shall | 38550 |
| certify the entire balance owed to the attorney general for | 38551 |
| collection under section 131.02 of the Revised Code. The | 38552 |
| department may withhold funds from payments made to a provider | 38553 |
| under section 5123.18 | 38554 |
| judgment secured by the attorney general. | 38555 |
| (D) The purchase of service fund is hereby created. Money | 38556 |
| credited to the fund shall be used solely for purposes of section | 38557 |
| 5123.05 of the Revised Code. | 38558 |
| Sec. 5123.16. (A) As used in sections 5123.16 to 5123.169 of | 38559 |
| the Revised Code: | 38560 |
| (1) "Provider" means a person or government entity certified | 38561 |
| by the director of mental retardation and developmental | 38562 |
| disabilities to provide supported living. | 38563 |
| (2) "Related party" means any of the following: | 38564 |
| (a) In the case of a provider who is an individual, any of | 38565 |
| the following: | 38566 |
| (i) The spouse of the provider; | 38567 |
| (ii) A parent or stepparent of the provider or provider's | 38568 |
| spouse; | 38569 |
| (iii) A child of the provider or provider's spouse; | 38570 |
| (iv) A sibling, half sibling, or stepsibling of the provider | 38571 |
| or provider's spouse; | 38572 |
| (v) A grandparent of the provider or provider's spouse; | 38573 |
| (vi) A grandchild of the provider or provider's spouse; | 38574 |
| (vii) An employee or employer of the provider or provider's | 38575 |
| spouse. | 38576 |
| (b) In the case of a provider that is a person other than an | 38577 |
| individual, any of the following: | 38578 |
| (i) An employee of the person; | 38579 |
| (ii) An officer of the provider, including the chief | 38580 |
| executive officer, president, vice-president, secretary, and | 38581 |
| treasurer; | 38582 |
| (iii) A member of the provider's board of directors or | 38583 |
| trustees; | 38584 |
| (iv) A person owning a financial interest of five per cent or | 38585 |
| more in the provider; | 38586 |
| (v) A corporation that has a subsidiary relationship with the | 38587 |
| provider; | 38588 |
| (vi) A person or government entity that has control over the | 38589 |
| provider's day-to-day operation; | 38590 |
| (vii) A person over which the provider has control of the | 38591 |
| day-to-day operation. | 38592 |
| (c) In the case of a provider that is a government entity, | 38593 |
| any of the following: | 38594 |
| (i) An employee of the provider; | 38595 |
| (ii) An officer of the provider; | 38596 |
| (iii) A member of the provider's governing board; | 38597 |
| (iv) A government entity that has control over the provider's | 38598 |
| day-to-day operation; | 38599 |
| (v) A person or government entity over which the provider has | 38600 |
| control of the day-to-day operation. | 38601 |
| (B) No person or government entity may provide supported | 38602 |
| living without a valid supported living certificate issued by the | 38603 |
| director of mental retardation and developmental disabilities. | 38604 |
| (C) A county board of mental retardation and developmental | 38605 |
| disabilities may provide supported living only to the extent | 38606 |
| permitted by rules adopted under section 5123.169 of the Revised | 38607 |
| Code. | 38608 |
| Sec. 5123.161. A person or government entity that seeks to | 38609 |
| provide supported living shall apply to the director of mental | 38610 |
| retardation and developmental disabilities for a supported living | 38611 |
| certificate. | 38612 |
| Except as provided in section 5123.166 of the Revised Code, | 38613 |
| the director shall issue the applicant a supported living | 38614 |
| certificate if the applicant follows the application process | 38615 |
| established in rules adopted under section 5123.169 of the Revised | 38616 |
| Code, meets the applicable certification standards established in | 38617 |
| those rules, and pays the certification fee established in those | 38618 |
| rules. | 38619 |
| Sec. 5123.162. The director of mental retardation and | 38620 |
| developmental disabilities may conduct surveys of persons and | 38621 |
| government entities that seek a supported living certificate to | 38622 |
| determine whether the persons and government entities meet the | 38623 |
| certification standards. The director may also conduct surveys of | 38624 |
| providers to determine whether the providers continue to meet the | 38625 |
| certification standards. The director shall conduct the surveys in | 38626 |
| accordance with rules adopted under section 5123.169 of the | 38627 |
| Revised Code. | 38628 |
| The records of surveys conducted under this section are | 38629 |
| public records for the purpose of section 149.43 of the Revised | 38630 |
| Code and shall be made available on the request of any person or | 38631 |
| government entity. | 38632 |
| Sec. 5123.163. A supported living certificate is valid for a | 38633 |
| period of time established in rules adopted under section 5123.169 | 38634 |
| of the Revised Code, unless any of the following occur before the | 38635 |
| end of that period of time: | 38636 |
| (A) The director of mental retardation and developmental | 38637 |
| disabilities issues an order requiring that action be taken | 38638 |
| against the certificate holder under section 5123.166 of the | 38639 |
| Revised Code. | 38640 |
| (B) The director issues an order terminating the certificate | 38641 |
| under section 5123.168 of the Revised Code. | 38642 |
| (C) The certificate holder voluntarily surrenders the | 38643 |
| certificate to the director. | 38644 |
| Sec. 5123.164. Except as provided in section 5123.166 of the | 38645 |
| Revised Code, the director of mental retardation and developmental | 38646 |
| disabilities shall renew a supported living certificate if the | 38647 |
| certificate holder follows the renewal process established in | 38648 |
| rules adopted under section 5123.169 of the Revised Code, | 38649 |
| continues to meet the applicable certification standards | 38650 |
| established in those rules, and pays the renewal fee established | 38651 |
| in those rules. | 38652 |
| Sec. 5123.165. (A) Except as provided in division (B) of | 38653 |
| this section, no person or government entity may provide supported | 38654 |
| living to an individual with mental retardation or a developmental | 38655 |
| disability if the person or government entity or a related party | 38656 |
| of the person or government entity also provides the individual a | 38657 |
| residence. | 38658 |
| (B) A person may provide supported living to an individual | 38659 |
| with mental retardation or a developmental disability even though | 38660 |
| the person or a related party of the person also provides the | 38661 |
| individual a residence if either of the following apply: | 38662 |
| (1) The person also resides in the residence with the | 38663 |
| individual and does not provide at any one time supported living | 38664 |
| to more than a total of three individuals with mental retardation | 38665 |
| or a developmental disability who reside in that residence; | 38666 |
| (2) The person is an association of family members related to | 38667 |
| two or more of the individuals with mental retardation or a | 38668 |
| developmental disability who reside in the residence and does not | 38669 |
| provide at any one time supported living to more than a total of | 38670 |
| four individuals with mental retardation or a developmental | 38671 |
| disability who reside in that residence. | 38672 |
| Sec. 5123.166. (A) If good cause exists as specified in | 38673 |
| division (B) of this section and determined in accordance with | 38674 |
| procedures established in rules adopted under section 5123.169 of | 38675 |
| the Revised Code, the director of mental retardation and | 38676 |
| developmental disabilities may issue an adjudication order | 38677 |
| requiring that one of the following actions be taken against a | 38678 |
| person or government entity seeking or holding a supported living | 38679 |
| certificate: | 38680 |
| (1) Refusal to issue or renew a supported living certificate; | 38681 |
| (2) Revocation of a supported living certificate; | 38682 |
| (3) Suspension of a supported living certificate holder's | 38683 |
| authority to do either or both of the following: | 38684 |
| (a) Continue to provide supported living to one or more | 38685 |
| individuals from one or more counties who receive supported living | 38686 |
| from the certificate holder at the time the director takes the | 38687 |
| action; | 38688 |
| (b) Begin to provide supported living to one or more | 38689 |
| individuals from one or more counties who do not receive supported | 38690 |
| living from the certificate holder at the time the director takes | 38691 |
| the action. | 38692 |
| (B) The following constitute good cause for taking action | 38693 |
| under division (A) of this section against a person or government | 38694 |
| entity seeking or holding a supported living certificate: | 38695 |
| (1) The person or government entity's failure to meet or | 38696 |
| continue to meet the applicable certification standards | 38697 |
| established in rules adopted under section 5123.169 of the Revised | 38698 |
| Code; | 38699 |
| (2) The person or government entity violates section 5123.165 | 38700 |
| of the Revised Code; | 38701 |
| (3) The person or government entity's failure to satisfy the | 38702 |
| requirements of section 5123.52, 5126.28, or 5126.281 of the | 38703 |
| Revised Code; | 38704 |
| (4) Misfeasance; | 38705 |
| (5) Malfeasance; | 38706 |
| (6) Nonfeasance; | 38707 |
| (7) Confirmed abuse or neglect; | 38708 |
| (8) Financial irresponsibility; | 38709 |
| (9) Other conduct the director determines is or would be | 38710 |
| injurious to individuals who receive or would receive supported | 38711 |
| living from the person or government entity. | 38712 |
| (C) Except as provided in division (D) of this section, the | 38713 |
| director shall issue an adjudication order under division (A) of | 38714 |
| this section in accordance with Chapter 119. of the Revised Code. | 38715 |
| (D)(1) The director may issue an order requiring that action | 38716 |
| specified in division (A)(3) of this section be taken before a | 38717 |
| provider is provided notice and an opportunity for a hearing if | 38718 |
| all of the following are the case: | 38719 |
| (a) The director determines such action is warranted by the | 38720 |
| provider's failure to continue to meet the applicable | 38721 |
| certification standards; | 38722 |
| (b) The director determines that the failure either | 38723 |
| represents a pattern of serious noncompliance or creates a | 38724 |
| substantial risk to the health or safety of an individual who | 38725 |
| receives or would receive supported living from the provider; | 38726 |
| (c) If the order will suspend the provider's authority to | 38727 |
| continue to provide supported living to an individual who receives | 38728 |
| supported living from the provider at the time the director issues | 38729 |
| the order, both of the following are the case: | 38730 |
| (i) The director makes the individual, or the individual's | 38731 |
| guardian, aware of the director's determination under division | 38732 |
| (D)(1)(b) of this section and the individual or guardian does not | 38733 |
| select another provider. | 38734 |
| (ii) A county board of mental retardation and developmental | 38735 |
| disabilities has filed a complaint with a probate court under | 38736 |
| section 5123.33 of the Revised Code that includes facts describing | 38737 |
| the nature of abuse or neglect that the individual has suffered | 38738 |
| due to the provider's actions that are the basis for the director | 38739 |
| making the determination under division (D)(1)(b) of this section | 38740 |
| and the probate court does not issue an order authorizing the | 38741 |
| county board to arrange services for the individual pursuant to an | 38742 |
| individualized service plan developed for the individual under | 38743 |
| section 5123.31 of the Revised Code. | 38744 |
| (2) If the director issues an order under division (D)(1) of | 38745 |
| this section, sections 119.091 to 119.13 of the Revised Code and | 38746 |
| all of the following apply: | 38747 |
| (a) The director shall send the provider notice of the order | 38748 |
| by registered mail, return receipt requested, not later than | 38749 |
| twenty-four hours after issuing the order and shall include in the | 38750 |
| notice the reasons for the order, the citation to the law or rule | 38751 |
| directly involved, and a statement that the provider will be | 38752 |
| afforded a hearing if the provider requests it within ten days of | 38753 |
| the time of receiving the notice. | 38754 |
| (b) If the provider requests a hearing within the required | 38755 |
| time and the provider has provided the director the provider's | 38756 |
| current address, the director shall immediately set, and notify | 38757 |
| the provider of, the date, time, and place for the hearing. | 38758 |
| (c) The date of the hearing shall be not later than thirty | 38759 |
| days after the director receives the provider's timely request for | 38760 |
| the hearing. | 38761 |
| (d) The hearing shall be conducted in accordance with section | 38762 |
| 119.09 of the Revised Code, except for all of the following: | 38763 |
| (i) The hearing shall continue uninterrupted until its close, | 38764 |
| except for weekends, legal holidays, and other interruptions the | 38765 |
| provider and director agree to. | 38766 |
| (ii) If the director appoints a referee or examiner to | 38767 |
| conduct the hearing, the referee or examiner, not later than ten | 38768 |
| days after the date the referee or examiner receives a transcript | 38769 |
| of the testimony and evidence presented at the hearing or, if the | 38770 |
| referee or examiner does not receive the transcript or no such | 38771 |
| transcript is made, the date that the referee or examiner closes | 38772 |
| the record of the hearing, shall submit to the director a written | 38773 |
| report setting forth the referee or examiner's findings of fact | 38774 |
| and conclusions of law and a recommendation of the action the | 38775 |
| director should take. | 38776 |
| (iii) The provider may, not later than five days after the | 38777 |
| date the director, in accordance with section 119.09 of the | 38778 |
| Revised Code, sends the provider or the provider's attorney or | 38779 |
| other representative of record a copy of the referee or examiner's | 38780 |
| report and recommendation, file with the director written | 38781 |
| objections to the report and recommendation. | 38782 |
| (iv) The director shall approve, modify, or disapprove the | 38783 |
| referee or examiner's report and recommendation not earlier than | 38784 |
| six days, and not later than fifteen days, after the date the | 38785 |
| director, in accordance with section 119.09 of the Revised Code, | 38786 |
| sends a copy of the report and recommendation to the provider or | 38787 |
| the provider's attorney or other representative of record. | 38788 |
| (3) The director may lift an order issued under division | 38789 |
| (D)(1) of this section even though a hearing regarding the order | 38790 |
| is occurring or pending if the director determines that the | 38791 |
| provider has taken action eliminating the good cause for issuing | 38792 |
| the order. The hearing shall proceed unless the provider withdraws | 38793 |
| the request for the hearing in a written letter to the director. | 38794 |
| (4) The director shall lift an order issued under division | 38795 |
| (D)(1) of this section if both of the following are the case: | 38796 |
| (a) The provider provides the director a plan of compliance | 38797 |
| the director determines is acceptable. | 38798 |
| (b) The director determines that the provider has implemented | 38799 |
| the plan of compliance correctly. | 38800 |
| Sec. 5123.167. If the director of mental retardation and | 38801 |
| developmental disabilities issues an adjudication order under | 38802 |
| section 5123.166 of the Revised Code refusing to issue a supported | 38803 |
| living certificate to a person or government entity or to renew a | 38804 |
| person or government entity's supported living certificate, | 38805 |
| neither the person or government entity nor a related party of the | 38806 |
| person or government entity may apply for another supported living | 38807 |
| certificate earlier than the date that is one year after the date | 38808 |
| the order is issued. If the director issues an adjudication order | 38809 |
| under that section revoking a person or government entity's | 38810 |
| supported living certificate, neither the person or government | 38811 |
| entity nor a related party of the person or government entity may | 38812 |
| apply for another supported living certificate earlier than the | 38813 |
| date that is five years after the date the order is issued. | 38814 |
| Sec. 5123.168. The director of mental retardation and | 38815 |
| developmental disabilities may issue an adjudication order in | 38816 |
| accordance with Chapter 119. of the Revised Code to terminate a | 38817 |
| supported living certificate if the certificate holder has not | 38818 |
| billed for supported living for twelve consecutive months. | 38819 |
| Sec. 5123.169. The director of mental retardation and | 38820 |
| developmental disabilities shall adopt rules under Chapter 119. of | 38821 |
| the Revised Code establishing all of the following: | 38822 |
| (A) The extent to which a county board of mental retardation | 38823 |
| and developmental disabilities may provide supported living; | 38824 |
| (B) The application process for obtaining a supported living | 38825 |
| certificate under section 5123.161 of the Revised Code; | 38826 |
| (C) The certification standards a person or government entity | 38827 |
| must meet to obtain a supported living certificate to provide | 38828 |
| supported living; | 38829 |
| (D) The certification fee for a supported living certificate, | 38830 |
| which shall be deposited into the program fee fund created under | 38831 |
| section 5123.033 of the Revised Code; | 38832 |
| (E) The period of time a supported living certificate is | 38833 |
| valid; | 38834 |
| (F) The process for renewing a supported living certificate | 38835 |
| under section 5123.164 of the Revised Code; | 38836 |
| (G) The renewal fee for a supported living certificate, which | 38837 |
| shall be deposited into the program fee fund created under section | 38838 |
| 5123.033 of the Revised Code; | 38839 |
| (H) Procedures for conducting surveys under section 5123.162 | 38840 |
| of the Revised Code; | 38841 |
| (I) Procedures for determining whether there is good cause to | 38842 |
| take action under section 5123.166 of the Revised Code against a | 38843 |
| person or government entity seeking or holding a supported living | 38844 |
| certificate. | 38845 |
| Sec. 5123.19. (A) As used in this section and in sections | 38846 |
| 5123.191, 5123.194, 5123.196, 5123.198, and 5123.20 of the Revised | 38847 |
| Code: | 38848 |
| (1)(a) "Residential facility" means a home or facility in | 38849 |
| which a mentally retarded or developmentally disabled person | 38850 |
| resides, except the home of a relative or legal guardian in which | 38851 |
| a mentally retarded or developmentally disabled person resides, a | 38852 |
| respite care home certified under section 5126.05 of the Revised | 38853 |
| Code, a county home or district home operated pursuant to Chapter | 38854 |
| 5155. of the Revised Code, or a dwelling in which the only | 38855 |
| mentally retarded or developmentally disabled residents are in an | 38856 |
| independent living arrangement or are being provided supported | 38857 |
| living. | 38858 |
| (b) "Intermediate care facility for the mentally retarded" | 38859 |
| means a residential facility that is considered an intermediate | 38860 |
| care facility for the mentally retarded for the purposes of | 38861 |
| Chapter 5111. of the Revised Code. | 38862 |
| (2) "Political subdivision" means a municipal corporation, | 38863 |
| county, or township. | 38864 |
| (3) "Independent living arrangement" means an arrangement in | 38865 |
| which a mentally retarded or developmentally disabled person | 38866 |
| resides in an individualized setting chosen by the person or the | 38867 |
| person's guardian, which is not dedicated principally to the | 38868 |
| provision of residential services for mentally retarded or | 38869 |
| developmentally disabled persons, and for which no financial | 38870 |
| support is received for rendering such service from any | 38871 |
| governmental agency by a provider of residential services. | 38872 |
| (4) | 38873 |
| 38874 |
| | 38875 |
| applied for a license to operate a residential facility and to | 38876 |
| which the license was issued under this section. | 38877 |
| (5) "Related party" has the same meaning as in section | 38878 |
| 5123.16 of the Revised Code except that "provider" as used in the | 38879 |
| definition of "related party" means a person or government entity | 38880 |
| that held or applied for a license to operate a residential | 38881 |
| facility, rather than a person or government entity certified to | 38882 |
| provide supported living. | 38883 |
| (B) Every person or government agency desiring to operate a | 38884 |
| residential facility shall apply for licensure of the facility to | 38885 |
| the director of mental retardation and developmental disabilities | 38886 |
| unless the residential facility is subject to section 3721.02, | 38887 |
| 3722.04, 5103.03, or 5119.20 of the Revised Code. Notwithstanding | 38888 |
| Chapter 3721. of the Revised Code, a nursing home that is | 38889 |
| certified as an intermediate care facility for the mentally | 38890 |
| retarded under Title XIX of the "Social Security Act," 79 Stat. | 38891 |
| 286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for | 38892 |
| licensure of the portion of the home that is certified as an | 38893 |
| intermediate care facility for the mentally retarded. | 38894 |
| (C) Subject to section 5123.196 of the Revised Code, the | 38895 |
| director of mental retardation and developmental disabilities | 38896 |
| shall license the operation of residential facilities. An initial | 38897 |
| license shall be issued for a period that does not exceed one | 38898 |
| year, unless the director denies the license under division (D) of | 38899 |
| this section. A license shall be renewed for a period that does | 38900 |
| not exceed three years, unless the director refuses to renew the | 38901 |
| license under division (D) of this section. The director, when | 38902 |
| issuing or renewing a license, shall specify the period for which | 38903 |
| the license is being issued or renewed. A license remains valid | 38904 |
| for the length of the licensing period specified by the director, | 38905 |
| unless the license is terminated, revoked, or voluntarily | 38906 |
| surrendered. | 38907 |
| (D) If it is determined that an applicant or licensee is not | 38908 |
| in compliance with a provision of this chapter that applies to | 38909 |
| residential facilities or the rules adopted under such a | 38910 |
| provision, the director may deny issuance of a license, refuse to | 38911 |
| renew a license, terminate a license, revoke a license, issue an | 38912 |
| order for the suspension of admissions to a facility, issue an | 38913 |
| order for the placement of a monitor at a facility, issue an order | 38914 |
| for the immediate removal of residents, or take any other action | 38915 |
| the director considers necessary consistent with the director's | 38916 |
| authority under this chapter regarding residential facilities. In | 38917 |
| the director's selection and administration of the sanction to be | 38918 |
| imposed, all of the following apply: | 38919 |
| (1) The director may deny, refuse to renew, or revoke a | 38920 |
| license, if the director determines that the applicant or licensee | 38921 |
| has demonstrated a pattern of serious noncompliance or that a | 38922 |
| violation creates a substantial risk to the health and safety of | 38923 |
| residents of a residential facility. | 38924 |
| (2) The director may terminate a license if more than twelve | 38925 |
| consecutive months have elapsed since the residential facility was | 38926 |
| last occupied by a resident or a notice required by division | 38927 |
| 38928 |
| (3) The director may issue an order for the suspension of | 38929 |
| admissions to a facility for any violation that may result in | 38930 |
| sanctions under division (D)(1) of this section and for any other | 38931 |
|
violation
specified in rules adopted under division | 38932 |
| this section. If the suspension of admissions is imposed for a | 38933 |
| violation that may result in sanctions under division (D)(1) of | 38934 |
| this section, the director may impose the suspension before | 38935 |
| providing an opportunity for an adjudication under Chapter 119. of | 38936 |
| the Revised Code. The director shall lift an order for the | 38937 |
| suspension of admissions when the director determines that the | 38938 |
| violation that formed the basis for the order has been corrected. | 38939 |
| (4) The director may order the placement of a monitor at a | 38940 |
| residential facility for any violation specified in rules adopted | 38941 |
|
under division | 38942 |
| the order when the director determines that the violation that | 38943 |
| formed the basis for the order has been corrected. | 38944 |
| (5) If the director determines that two or more residential | 38945 |
| facilities owned or operated by the same person or government | 38946 |
| entity are not being operated in compliance with a provision of | 38947 |
| this chapter that applies to residential facilities or the rules | 38948 |
| adopted under such a provision, and the director's findings are | 38949 |
| based on the same or a substantially similar action, practice, | 38950 |
| circumstance, or incident that creates a substantial risk to the | 38951 |
| health and safety of the residents, the director shall conduct a | 38952 |
| survey as soon as practicable at each residential facility owned | 38953 |
| or operated by that person or government entity. The director may | 38954 |
| take any action authorized by this section with respect to any | 38955 |
| facility found to be operating in violation of a provision of this | 38956 |
| chapter that applies to residential facilities or the rules | 38957 |
| adopted under such a provision. | 38958 |
| (6) When the director initiates license revocation | 38959 |
| proceedings, no opportunity for submitting a plan of correction | 38960 |
| shall be given. The director shall notify the licensee by letter | 38961 |
| of the initiation of the proceedings. The letter shall list the | 38962 |
| deficiencies of the residential facility and inform the licensee | 38963 |
| that no plan of correction will be accepted. The director shall | 38964 |
|
also | 38965 |
| 38966 | |
| 38967 | |
| 38968 | |
| send a copy of the letter to the county board of mental | 38969 |
| retardation and developmental disabilities. The county board shall | 38970 |
| send a copy of the letter to each of the following: | 38971 |
| (a) Each resident who receives services from the licensee; | 38972 |
| (b) The guardian of each resident who receives services from | 38973 |
| the licensee if the resident has a guardian; | 38974 |
| (c) The parent or guardian of each resident who receives | 38975 |
| services from the licensee if the resident is a minor. | 38976 |
| (7) Pursuant to rules which shall be adopted in accordance | 38977 |
| with Chapter 119. of the Revised Code, the director may order the | 38978 |
| immediate removal of residents from a residential facility | 38979 |
| whenever conditions at the facility present an immediate danger of | 38980 |
| physical or psychological harm to the residents. | 38981 |
| (8) In determining whether a residential facility is being | 38982 |
| operated in compliance with a provision of this chapter that | 38983 |
| applies to residential facilities or the rules adopted under such | 38984 |
| a provision, or whether conditions at a residential facility | 38985 |
| present an immediate danger of physical or psychological harm to | 38986 |
| the residents, the director may rely on information obtained by a | 38987 |
| county board of mental retardation and developmental disabilities | 38988 |
| or other governmental agencies. | 38989 |
| (9) In proceedings initiated to deny, refuse to renew, or | 38990 |
| revoke licenses, the director may deny, refuse to renew, or revoke | 38991 |
| a license regardless of whether some or all of the deficiencies | 38992 |
| that prompted the proceedings have been corrected at the time of | 38993 |
| the hearing. | 38994 |
| (E) The director shall establish a program under which public | 38995 |
| notification may be made when the director has initiated license | 38996 |
| revocation proceedings or has issued an order for the suspension | 38997 |
| of admissions, placement of a monitor, or removal of residents. | 38998 |
| The director shall adopt rules in accordance with Chapter 119. of | 38999 |
| the Revised Code to implement this division. The rules shall | 39000 |
| establish the procedures by which the public notification will be | 39001 |
| made and specify the circumstances for which the notification must | 39002 |
| be made. The rules shall require that public notification be made | 39003 |
| if the director has taken action against the facility in the | 39004 |
| eighteen-month period immediately preceding the director's latest | 39005 |
| action against the facility and the latest action is being taken | 39006 |
| for the same or a substantially similar violation of a provision | 39007 |
| of this chapter that applies to residential facilities or the | 39008 |
| rules adopted under such a provision. The rules shall specify a | 39009 |
| method for removing or amending the public notification if the | 39010 |
| director's action is found to have been unjustified or the | 39011 |
| violation at the residential facility has been corrected. | 39012 |
| (F)(1) Except as provided in division (F)(2) of this section, | 39013 |
| appeals from proceedings initiated to impose a sanction under | 39014 |
| division (D) of this section shall be conducted in accordance with | 39015 |
| Chapter 119. of the Revised Code. | 39016 |
| (2) Appeals from proceedings initiated to order the | 39017 |
| suspension of admissions to a facility shall be conducted in | 39018 |
| accordance with Chapter 119. of the Revised Code, unless the order | 39019 |
| was issued before providing an opportunity for an adjudication, in | 39020 |
| which case all of the following apply: | 39021 |
| (a) The licensee may request a hearing not later than ten | 39022 |
| days after receiving the notice specified in section 119.07 of the | 39023 |
| Revised Code. | 39024 |
| (b) If a timely request for a hearing that includes the | 39025 |
| licensee's current address is made, the hearing shall commence not | 39026 |
| later than thirty days after the department receives the request. | 39027 |
| (c) After commencing, the hearing shall continue | 39028 |
| uninterrupted, except for Saturdays, Sundays, and legal holidays, | 39029 |
| unless other interruptions are agreed to by the licensee and the | 39030 |
| director. | 39031 |
| (d) If the hearing is conducted by a hearing examiner, the | 39032 |
| hearing examiner shall file a report and recommendations not later | 39033 |
| than ten days after the last of the following: | 39034 |
| (i) The close of the hearing; | 39035 |
| (ii) If a transcript of the proceedings is ordered, the | 39036 |
| hearing examiner receives the transcript; | 39037 |
| (iii) If post-hearing briefs are timely filed, the hearing | 39038 |
| examiner receives the briefs. | 39039 |
| (e) A copy of the written report and recommendation of the | 39040 |
| hearing examiner shall be sent, by certified mail, to the licensee | 39041 |
| and the licensee's attorney, if applicable, not later than five | 39042 |
| days after the report is filed. | 39043 |
| (f) Not later than five days after the hearing examiner files | 39044 |
| the report and recommendations, the licensee may file objections | 39045 |
| to the report and recommendations. | 39046 |
| | 39047 |
| files the report and recommendations, the director shall issue an | 39048 |
| order approving, modifying, or disapproving the report and | 39049 |
| recommendations. | 39050 |
| | 39051 |
| director shall lift the order for the suspension of admissions | 39052 |
| when the director determines that the violation that formed the | 39053 |
| basis for the order has been corrected. | 39054 |
| (G) Neither a person or government agency whose application | 39055 |
| for a license to operate a residential facility is denied nor a | 39056 |
| related party of the person or government agency may apply for a | 39057 |
| license to operate a residential facility before the date that is | 39058 |
| one year after the date of the denial. Neither a licensee whose | 39059 |
| residential facility license is revoked nor a related party of the | 39060 |
| licensee may apply for a residential facility license before the | 39061 |
| date that is five years after the date of the revocation. | 39062 |
| (H) In accordance with Chapter 119. of the Revised Code, the | 39063 |
| director shall adopt and may amend and rescind rules for licensing | 39064 |
| and regulating the operation of residential facilities, including | 39065 |
| intermediate care facilities for the mentally retarded. The rules | 39066 |
| for intermediate care facilities for the mentally retarded may | 39067 |
| differ from those for other residential facilities. The rules | 39068 |
| shall establish and specify the following: | 39069 |
| (1) Procedures and criteria for issuing and renewing | 39070 |
| licenses, including procedures and criteria for determining the | 39071 |
| length of the licensing period that the director must specify for | 39072 |
| each license when it is issued or renewed; | 39073 |
| (2) Procedures and criteria for denying, refusing to renew, | 39074 |
| terminating, and revoking licenses and for ordering the suspension | 39075 |
| of admissions to a facility, placement of a monitor at a facility, | 39076 |
| and the immediate removal of residents from a facility; | 39077 |
| (3) Fees for issuing and renewing licenses, which shall be | 39078 |
| deposited into the program fee fund created under section 5123.033 | 39079 |
| of the Revised Code; | 39080 |
| (4) Procedures for surveying residential facilities; | 39081 |
| (5) Requirements for the training of residential facility | 39082 |
| personnel; | 39083 |
| (6) Classifications for the various types of residential | 39084 |
| facilities; | 39085 |
| (7) Certification procedures for licensees and management | 39086 |
| contractors that the director determines are necessary to ensure | 39087 |
| that they have the skills and qualifications to properly operate | 39088 |
| or manage residential facilities; | 39089 |
| (8) The maximum number of persons who may be served in a | 39090 |
| particular type of residential facility; | 39091 |
| (9) Uniform procedures for admission of persons to and | 39092 |
| transfers and discharges of persons from residential facilities; | 39093 |
| (10) Other standards for the operation of residential | 39094 |
| facilities and the services provided at residential facilities; | 39095 |
| (11) Procedures for waiving any provision of any rule adopted | 39096 |
| under this section. | 39097 |
| | 39098 |
| department or the director's designee shall conduct a survey of | 39099 |
| the residential facility for which application is made. The | 39100 |
| director or the director's designee shall conduct a survey of each | 39101 |
| licensed residential facility at least once during the period the | 39102 |
| license is valid and may conduct additional inspections as needed. | 39103 |
| A survey includes but is not limited to an on-site examination and | 39104 |
| evaluation of the residential facility, its personnel, and the | 39105 |
| services provided there. | 39106 |
| In conducting surveys, the director or the director's | 39107 |
| designee shall be given access to the residential facility; all | 39108 |
| records, accounts, and any other documents related to the | 39109 |
| operation of the facility; the licensee; the residents of the | 39110 |
| facility; and all persons acting on behalf of, under the control | 39111 |
| of, or in connection with the licensee. The licensee and all | 39112 |
| persons on behalf of, under the control of, or in connection with | 39113 |
| the licensee shall cooperate with the director or the director's | 39114 |
| designee in conducting the survey. | 39115 |
| Following each survey, unless the director initiates a | 39116 |
| license revocation proceeding, the director or the director's | 39117 |
| designee shall provide the licensee with a report listing any | 39118 |
| deficiencies, specifying a timetable within which the licensee | 39119 |
| shall submit a plan of correction describing how the deficiencies | 39120 |
| will be corrected, and, when appropriate, specifying a timetable | 39121 |
| within which the licensee must correct the deficiencies. After a | 39122 |
| plan of correction is submitted, the director or the director's | 39123 |
| designee shall approve or disapprove the plan. A copy of the | 39124 |
| report and any approved plan of correction shall be provided to | 39125 |
| any person who requests it. | 39126 |
| The director shall initiate disciplinary action against any | 39127 |
| department employee who notifies or causes the notification to any | 39128 |
| unauthorized person of an unannounced survey of a residential | 39129 |
| facility by an authorized representative of the department. | 39130 |
| | 39131 |
| required of applicants for a license pursuant to this section, the | 39132 |
| director shall require each applicant to provide a copy of an | 39133 |
| approved plan for a proposed residential facility pursuant to | 39134 |
| section 5123.042 of the Revised Code. This division does not apply | 39135 |
| to renewal of a license. | 39136 |
| | 39137 |
| which the licensee's residential facility is located of any | 39138 |
| significant change in the identity of the licensee or management | 39139 |
| contractor before the effective date of the change if the licensee | 39140 |
| is not the owner of the building. | 39141 |
| Pursuant to rules which shall be adopted in accordance with | 39142 |
| Chapter 119. of the Revised Code, the director may require | 39143 |
| notification to the department of any significant change in the | 39144 |
| ownership of a residential facility or in the identity of the | 39145 |
| licensee or management contractor. If the director determines that | 39146 |
| a significant change of ownership is proposed, the director shall | 39147 |
| consider the proposed change to be an application for development | 39148 |
| by a new operator pursuant to section 5123.042 of the Revised Code | 39149 |
| and shall advise the applicant within sixty days of the | 39150 |
| notification that the current license shall continue in effect or | 39151 |
| a new license will be required pursuant to this section. If the | 39152 |
| director requires a new license, the director shall permit the | 39153 |
| facility to continue to operate under the current license until | 39154 |
| the new license is issued, unless the current license is revoked, | 39155 |
| refused to be renewed, or terminated in accordance with Chapter | 39156 |
| 119. of the Revised Code. | 39157 |
| | 39158 |
| disabilities, the legal rights service, and any interested person | 39159 |
| may file complaints alleging violations of statute or department | 39160 |
| rule relating to residential facilities with the department. All | 39161 |
| complaints shall be in writing and shall state the facts | 39162 |
| constituting the basis of the allegation. The department shall not | 39163 |
| reveal the source of any complaint unless the complainant agrees | 39164 |
| in writing to waive the right to confidentiality or until so | 39165 |
| ordered by a court of competent jurisdiction. | 39166 |
| The department shall adopt rules in accordance with Chapter | 39167 |
| 119. of the Revised Code establishing procedures for the receipt, | 39168 |
| referral, investigation, and disposition of complaints filed with | 39169 |
| the department under this division. | 39170 |
| | 39171 |
| notification of interested parties of the transfer or interim care | 39172 |
| of residents from residential facilities that are closing or are | 39173 |
| losing their license. | 39174 |
| | 39175 |
| residential facility that will accommodate at any time more than | 39176 |
| one mentally retarded or developmentally disabled individual, the | 39177 |
| director shall, by first class mail, notify the following: | 39178 |
| (1) If the facility will be located in a municipal | 39179 |
| corporation, the clerk of the legislative authority of the | 39180 |
| municipal corporation; | 39181 |
| (2) If the facility will be located in unincorporated | 39182 |
| territory, the clerk of the appropriate board of county | 39183 |
| commissioners and the fiscal officer of the appropriate board of | 39184 |
| township trustees. | 39185 |
| The director shall not issue the license for ten days after | 39186 |
| mailing the notice, excluding Saturdays, Sundays, and legal | 39187 |
| holidays, in order to give the notified local officials time in | 39188 |
| which to comment on the proposed issuance. | 39189 |
| Any legislative authority of a municipal corporation, board | 39190 |
| of county commissioners, or board of township trustees that | 39191 |
| receives notice under this division of the proposed issuance of a | 39192 |
| license for a residential facility may comment on it in writing to | 39193 |
| the director within ten days after the director mailed the notice, | 39194 |
| excluding Saturdays, Sundays, and legal holidays. If the director | 39195 |
| receives written comments from any notified officials within the | 39196 |
| specified time, the director shall make written findings | 39197 |
| concerning the comments and the director's decision on the | 39198 |
| issuance of the license. If the director does not receive written | 39199 |
| comments from any notified local officials within the specified | 39200 |
| time, the director shall continue the process for issuance of the | 39201 |
| license. | 39202 |
| | 39203 |
| that provides room and board, personal care, habilitation | 39204 |
| services, and supervision in a family setting for at least six but | 39205 |
| not more than eight persons with mental retardation or a | 39206 |
| developmental disability as a permitted use in any residential | 39207 |
| district or zone, including any single-family residential district | 39208 |
| or zone, of any political subdivision. These residential | 39209 |
| facilities may be required to comply with area, height, yard, and | 39210 |
| architectural compatibility requirements that are uniformly | 39211 |
| imposed upon all single-family residences within the district or | 39212 |
| zone. | 39213 |
| | 39214 |
| that provides room and board, personal care, habilitation | 39215 |
| services, and supervision in a family setting for at least nine | 39216 |
| but not more than sixteen persons with mental retardation or a | 39217 |
| developmental disability as a permitted use in any multiple-family | 39218 |
| residential district or zone of any political subdivision, except | 39219 |
| that a political subdivision that has enacted a zoning ordinance | 39220 |
| or resolution establishing planned unit development districts may | 39221 |
| exclude these residential facilities from those districts, and a | 39222 |
| political subdivision that has enacted a zoning ordinance or | 39223 |
| resolution may regulate these residential facilities in | 39224 |
| multiple-family residential districts or zones as a conditionally | 39225 |
| permitted use or special exception, in either case, under | 39226 |
| reasonable and specific standards and conditions set out in the | 39227 |
| zoning ordinance or resolution to: | 39228 |
| (1) Require the architectural design and site layout of the | 39229 |
| residential facility and the location, nature, and height of any | 39230 |
| walls, screens, and fences to be compatible with adjoining land | 39231 |
| uses and the residential character of the neighborhood; | 39232 |
| (2) Require compliance with yard, parking, and sign | 39233 |
| regulation; | 39234 |
| (3) Limit excessive concentration of these residential | 39235 |
| facilities. | 39236 |
| | 39237 |
| from applying to residential facilities nondiscriminatory | 39238 |
| regulations requiring compliance with health, fire, and safety | 39239 |
| regulations and building standards and regulations. | 39240 |
| | 39241 |
| applicable to municipal corporations that had in effect on June | 39242 |
| 15, 1977, an ordinance specifically permitting in residential | 39243 |
| zones licensed residential facilities by means of permitted uses, | 39244 |
| conditional uses, or special exception, so long as such ordinance | 39245 |
| remains in effect without any substantive modification. | 39246 |
| | 39247 |
| operate a residential facility to an applicant for a license under | 39248 |
| this section if either of the following is the case: | 39249 |
| (a) The director determines that an emergency exists | 39250 |
| requiring immediate placement of persons in a residential | 39251 |
| facility, that insufficient licensed beds are available, and that | 39252 |
| the residential facility is likely to receive a permanent license | 39253 |
| under this section within thirty days after issuance of the | 39254 |
| interim license. | 39255 |
| (b) The director determines that the issuance of an interim | 39256 |
| license is necessary to meet a temporary need for a residential | 39257 |
| facility. | 39258 |
| (2) To be eligible to receive an interim license, an | 39259 |
| applicant must meet the same criteria that must be met to receive | 39260 |
| a permanent license under this section, except for any differing | 39261 |
| procedures and time frames that may apply to issuance of a | 39262 |
| permanent license. | 39263 |
| (3) An interim license shall be valid for thirty days and may | 39264 |
| be renewed by the director for a period not to exceed one hundred | 39265 |
| fifty days. | 39266 |
| (4) The director shall adopt rules in accordance with Chapter | 39267 |
| 119. of the Revised Code as the director considers necessary to | 39268 |
| administer the issuance of interim licenses. | 39269 |
| | 39270 |
| establishing the maximum number of persons who may be served in a | 39271 |
| particular type of residential facility, a residential facility | 39272 |
| shall be permitted to serve the same number of persons being | 39273 |
| served by the facility on the effective date of the rules or the | 39274 |
| number of persons for which the facility is authorized pursuant to | 39275 |
| a current application for a certificate of need with a letter of | 39276 |
| support from the department of mental retardation and | 39277 |
| developmental disabilities and which is in the review process | 39278 |
| prior to April 4, 1986. | 39279 |
| | 39280 |
| any time, for purposes of investigation, any home, facility, or | 39281 |
| other structure that has been reported to the director or that the | 39282 |
| director has reasonable cause to believe is being operated as a | 39283 |
| residential facility without a license issued under this section. | 39284 |
| The director may petition the court of common pleas of the | 39285 |
| county in which an unlicensed residential facility is located for | 39286 |
| an order enjoining the person or governmental agency operating the | 39287 |
| facility from continuing to operate without a license. The court | 39288 |
| may grant the injunction on a showing that the person or | 39289 |
| governmental agency named in the petition is operating a | 39290 |
| residential facility without a license. The court may grant the | 39291 |
| injunction, regardless of whether the residential facility meets | 39292 |
| the requirements for receiving a license under this section. | 39293 |
| Sec. 5123.196. (A) Except as provided in division (F) of this | 39294 |
| section, the director of mental retardation and developmental | 39295 |
| disabilities shall not issue a license under section 5123.19 of | 39296 |
| the Revised Code on or after July 1, 2003, if issuance will result | 39297 |
| in there being more beds in all residential facilities licensed | 39298 |
| under that section than is permitted under division (B) of this | 39299 |
| section. | 39300 |
| (B) Except as provided in division (D) of this section, the | 39301 |
| maximum number of beds for the purpose of division (A) of this | 39302 |
| section shall not exceed ten thousand eight hundred thirty-eight | 39303 |
| minus, except as provided in division (C) of this section, both of | 39304 |
| the following: | 39305 |
| (1) The number of such beds that cease to be residential | 39306 |
| facility beds on or after July 1, 2003, because a residential | 39307 |
| facility license is revoked, terminated, or not renewed for any | 39308 |
| reason or is surrendered in accordance with section 5123.19 of the | 39309 |
| Revised Code and after the issuance of an adjudication order | 39310 |
| pursuant to Chapter 119. of the Revised Code; | 39311 |
| (2) The number of such beds for which a licensee voluntarily | 39312 |
| converts to use for supported living on or after July 1, 2003. | 39313 |
| (C) The director is not required to reduce the maximum number | 39314 |
| of beds pursuant to division (B) of this section by a bed that | 39315 |
| ceases to be a residential facility bed if the director determines | 39316 |
| that the bed is needed to provide services to an individual with | 39317 |
| mental retardation or a developmental disability who resided in | 39318 |
| the residential facility in which the bed was located unless the | 39319 |
| reason the bed ceases to be a residential facility bed is because | 39320 |
| it is converted to providing home and community-based services | 39321 |
| under the ICF/MR conversion pilot program that is authorized by a | 39322 |
| waiver sought under division (B)(1) of section 5111.88 of the | 39323 |
| Revised Code. | 39324 |
| (D) The director shall increase the number of beds determined | 39325 |
| under division (B) of this section if necessary to enable the | 39326 |
| operator of a residential facility to do either of the following: | 39327 |
| (1) Obtain a residential facility license as required by | 39328 |
| section 5111.8814 of the Revised Code; | 39329 |
| (2) Reconvert beds to providing ICF/MR services under section | 39330 |
| 5111.8811 of the Revised Code. | 39331 |
| (E) The director shall maintain an up-to-date written record | 39332 |
| of the maximum number of residential facility beds provided for by | 39333 |
| division (B) of this section. | 39334 |
| (F) The director may issue an interim license under division | 39335 |
| 39336 | |
| to rules adopted under division | 39337 |
| waiver allowing a residential facility to admit more residents | 39338 |
| than the facility is licensed to admit regardless of whether the | 39339 |
| interim license or waiver will result in there being more beds in | 39340 |
| all residential facilities licensed under that section than is | 39341 |
| permitted under division (B) of this section. | 39342 |
| Sec. 5123.198. (A) As used in this section, "date of the | 39343 |
| commitment" means the date that an individual specified in | 39344 |
| division (B) of this section begins to reside in a state-operated | 39345 |
| intermediate care facility for the mentally retarded after being | 39346 |
| committed to the facility pursuant to sections 5123.71 to 5123.76 | 39347 |
| of the Revised Code. | 39348 |
| (B) Except as provided in division (C) of this section, | 39349 |
| whenever a resident of a residential facility is committed to a | 39350 |
| state-operated intermediate care facility for the mentally | 39351 |
| retarded pursuant to sections 5123.71 to 5123.76 of the Revised | 39352 |
| Code, the department of mental retardation and developmental | 39353 |
| disabilities, pursuant to an adjudication order issued in | 39354 |
| accordance with Chapter 119. of the Revised Code, shall reduce by | 39355 |
| one the number of residents for which the facility in which the | 39356 |
| resident resided is licensed. | 39357 |
| (C) The department shall not reduce under division (B) of | 39358 |
| this section the number of residents for which a residential | 39359 |
| facility is licensed if any of the following are the case: | 39360 |
| (1) The resident of the residential facility who is committed | 39361 |
| to a state-operated intermediate care facility for the mentally | 39362 |
| retarded resided in the residential facility because of the | 39363 |
| closure, on or after | 39364 |
| 2003, of another state-operated intermediate care facility for the | 39365 |
| mentally retarded; | 39366 |
| (2) The residential facility admits within ninety days of the | 39367 |
| date of the commitment an individual who resides on the date of | 39368 |
| the commitment in a state-operated intermediate care facility for | 39369 |
| the mentally retarded or another residential facility; | 39370 |
| (3) The department fails to do either of the following within | 39371 |
| ninety days of the date of the commitment: | 39372 |
| (a) Identify an individual to whom all of the following | 39373 |
| applies: | 39374 |
| (i) Resides on the date of the commitment in a state-operated | 39375 |
| intermediate care facility for the mentally retarded or another | 39376 |
| residential facility; | 39377 |
| (ii) Has indicated to the department an interest in | 39378 |
| relocating to the residential facility or has a parent or guardian | 39379 |
| who has indicated to the department an interest for the individual | 39380 |
| to relocate to the residential facility; | 39381 |
| (iii) The department determines the individual has needs that | 39382 |
| the residential facility can meet. | 39383 |
| (b) Provide the residential facility with information about | 39384 |
| the individual identified under division (C)(2)(a) of this section | 39385 |
| that the residential facility needs in order to determine whether | 39386 |
| the facility can meet the individual's needs. | 39387 |
| (4) If the department completes the actions specified in | 39388 |
| divisions (C)(3)(a) and (b) of this section not later than ninety | 39389 |
| days after the date of the commitment and except as provided in | 39390 |
| division (D) of this section, the residential facility does all of | 39391 |
| the following not later than ninety days after the date of the | 39392 |
| commitment: | 39393 |
| (a) Evaluates the information provided by the department; | 39394 |
| (b) Assesses the identified individual's needs; | 39395 |
| (c) Determines that the residential facility cannot meet the | 39396 |
| identified individual's needs. | 39397 |
| (5) If the department completes the actions specified in | 39398 |
| divisions (C)(3)(a) and (b) of this section not later than ninety | 39399 |
| days after the date of the commitment and the residential facility | 39400 |
| determines that the residential facility can meet the identified | 39401 |
| individual's needs, the individual, or a parent or guardian of the | 39402 |
| individual, refuses placement in the residential facility. | 39403 |
| (D) The department may reduce under division (B) of this | 39404 |
| section the number of residents for which a residential facility | 39405 |
| is licensed even though the residential facility completes the | 39406 |
| actions specified in division (C)(4) of this section not later | 39407 |
| than ninety days after the date of the commitment if all of the | 39408 |
| following are the case: | 39409 |
| (1) The department disagrees with the residential facility's | 39410 |
| determination that the residential facility cannot meet the | 39411 |
| identified individual's needs. | 39412 |
| (2) The department issues a written decision pursuant to the | 39413 |
| uniform procedures for admissions, transfers, and discharges | 39414 |
| established by rules adopted under division | 39415 |
| 5123.19 of the Revised Code that the residential facility should | 39416 |
| admit the identified individual. | 39417 |
| (3) After the department issues the written decision | 39418 |
| specified in division (D)(2) of this section, the residential | 39419 |
| facility refuses to admit the identified individual. | 39420 |
| (E) A residential facility that admits, refuses to admit, | 39421 |
| transfers, or discharges a resident under this section shall | 39422 |
| comply with the uniform procedures for admissions, transfers, and | 39423 |
| discharges established by rules adopted under division | 39424 |
| of section 5123.19 of the Revised Code. | 39425 |
| (F) The department of mental retardation and developmental | 39426 |
| disabilities may notify the department of job and family services | 39427 |
| of any reduction under this section in the number of residents for | 39428 |
| which a residential facility that is an intermediate care facility | 39429 |
| for the mentally retarded is licensed. On receiving the notice, | 39430 |
| the department of job and family services may transfer to the | 39431 |
| department of mental retardation and developmental disabilities | 39432 |
| the savings in the nonfederal share of medicaid expenditures for | 39433 |
| each fiscal year after the year of the commitment to be used for | 39434 |
| costs of the resident's care in the state-operated intermediate | 39435 |
| care facility for the mentally retarded. In determining the amount | 39436 |
| saved, the department of job and family services shall consider | 39437 |
| medicaid payments for the remaining residents of the facility in | 39438 |
| which the resident resided. | 39439 |
| Sec. 5123.20. | 39440 |
| 39441 |
| No person or government agency shall operate a residential | 39442 |
| facility or receive a mentally retarded or developmentally | 39443 |
| disabled person as a resident of a residential facility unless the | 39444 |
| facility is licensed under section 5123.19 of the Revised Code, | 39445 |
| and no person or governmental agency shall operate a respite care | 39446 |
| home or receive a mentally retarded or developmentally disabled | 39447 |
| person in a respite care home unless the home is certified under | 39448 |
| section 5126.05 of the Revised Code. | 39449 |
| | 39450 |
| 39451 | |
| 39452 |
| Sec. 5123.211. (A) As used in this section, "residential | 39453 |
|
services" | 39454 |
| meaning as in section 5126.01 of the Revised Code. | 39455 |
| (B) The department of mental retardation and developmental | 39456 |
| disabilities shall provide or arrange provision of residential | 39457 |
| services for each person who, on or after July 1, 1989, ceases to | 39458 |
| be a resident of a state institution because of closure of the | 39459 |
| institution or a reduction in the institution's population by | 39460 |
| forty per cent or more within a period of one year. The services | 39461 |
| shall be provided in the county in which the person chooses to | 39462 |
| reside and shall consist of one of the following as determined | 39463 |
| appropriate by the department in consultation with the county | 39464 |
| board of mental retardation and developmental disabilities of the | 39465 |
| county in which the services are to be provided: | 39466 |
| (1) Residential services provided pursuant to section 5123.18 | 39467 |
| of the Revised Code; | 39468 |
| (2) | 39469 |
| 39470 |
| | 39471 |
| under the medical assistance program established under section | 39472 |
| 5111.01 of the Revised Code; | 39473 |
| | 39474 |
| approved by the director of mental retardation and developmental | 39475 |
| disabilities. | 39476 |
| (C) Not less than six months prior to closing a state | 39477 |
| institution or reducing a state institution's population by forty | 39478 |
| per cent or more within a period of one year, the department shall | 39479 |
| identify those counties in which individuals leaving the | 39480 |
| institution have chosen to reside and notify the county boards of | 39481 |
| mental retardation and developmental disabilities in those | 39482 |
| counties of the need to develop the services specified in division | 39483 |
| (B) of this section. The notice shall specify the number of | 39484 |
| individuals requiring services who plan to reside in the county | 39485 |
| and indicate the amount of funds the department will use to | 39486 |
| provide or arrange services for those individuals. | 39487 |
| (D) In each county in which one or more persons receive | 39488 |
| residential services pursuant to division (B) of this section, the | 39489 |
| department shall provide or arrange provision of residential | 39490 |
| services, or shall distribute moneys to the county board of mental | 39491 |
| retardation and developmental disabilities to provide or arrange | 39492 |
| provision of residential services, for an equal number of persons | 39493 |
| with mental retardation or developmental disabilities in that | 39494 |
| county who the county board has determined need residential | 39495 |
| services but are not receiving them. | 39496 |
| Sec. 5123.38. (A) Except as provided in division (B) and (C) | 39497 |
| of this section, if an individual receiving supported living or | 39498 |
| home and community-based services | 39499 |
| 39500 | |
| retardation and developmental disabilities is committed to a | 39501 |
| state-operated intermediate care facility for the mentally | 39502 |
| retarded pursuant to sections 5123.71 to 5123.76 of the Revised | 39503 |
| Code, the department of mental retardation and developmental | 39504 |
| disabilities shall use the funds otherwise allocated to the county | 39505 |
| board as the nonfederal share of medicaid expenditures for the | 39506 |
| individual's care in the state-operated facility. | 39507 |
| (B) Division (A) of this section does not apply if the county | 39508 |
| board, not later than ninety days after the date of the commitment | 39509 |
| of a person receiving supported services, commences funding of | 39510 |
| supported living for an individual who resides in a state-operated | 39511 |
| intermediate care facility for the mentally retarded on the date | 39512 |
| of the commitment or another eligible individual designated by the | 39513 |
| department. | 39514 |
| (C) Division (A) of this section does not apply if the county | 39515 |
| board, not later than ninety days after the date of the commitment | 39516 |
| of a person receiving home and community-based services, commences | 39517 |
| funding of home and community-based services for an individual who | 39518 |
| resides in a state-operated intermediate care facility for the | 39519 |
| mentally retarded on the date of the commitment or another | 39520 |
| eligible individual designated by the department. | 39521 |
| Sec. 5123.41. As used in this section and sections 5123.42 | 39522 |
| to 5123.47 of the Revised Code: | 39523 |
| (A) "Adult services" has the same meaning as in section | 39524 |
| 5126.01 of the Revised Code. | 39525 |
| (B) | 39526 |
| 39527 | |
| 39528 |
| | 39529 |
|
government entity certified under section | 39530 |
| Revised Code. | 39531 |
| | 39532 |
| the Revised Code. | 39533 |
| | 39534 |
| section 5126.01 of the Revised Code. | 39535 |
| | 39536 |
| (1) Taking vital signs; | 39537 |
| (2) Application of clean dressings that do not require health | 39538 |
| assessment; | 39539 |
| (3) Basic measurement of bodily intake and output; | 39540 |
| (4) Oral suctioning; | 39541 |
| (5) Use of glucometers; | 39542 |
| (6) External urinary catheter care; | 39543 |
| (7) Emptying and replacing colostomy bags; | 39544 |
| (8) Collection of specimens by noninvasive means. | 39545 |
| | 39546 |
| drugs" has the same meaning as in section 4729.01 of the Revised | 39547 |
| Code. | 39548 |
| | 39549 |
| 39550 |
| | 39551 |
| under contract who provide specialized services to individuals | 39552 |
| with mental retardation and developmental disabilities. "MR/DD | 39553 |
| personnel" includes those who provide the services as follows: | 39554 |
| (1) Through direct employment with the department of mental | 39555 |
| retardation and developmental disabilities or a county board of | 39556 |
| mental retardation and developmental disabilities; | 39557 |
| (2) Through an entity under contract with the department of | 39558 |
| mental retardation and developmental disabilities or a county | 39559 |
| board of mental retardation and developmental disabilities; | 39560 |
| (3) Through direct employment or by being under contract with | 39561 |
| private entities, including private entities that operate | 39562 |
| residential facilities. | 39563 |
| | 39564 |
| rules adopted by the board of nursing pursuant to Chapter 4723. of | 39565 |
| the Revised Code under which a registered nurse or licensed | 39566 |
| practical nurse acting at the direction of a registered nurse | 39567 |
| transfers the performance of a particular nursing activity or task | 39568 |
| to another person who is not otherwise authorized to perform the | 39569 |
| activity or task. | 39570 |
| | 39571 |
| administered according to the instructions of a licensed health | 39572 |
| professional authorized to prescribe drugs. | 39573 |
| | 39574 |
| section 5123.19 of the Revised Code or subject to section 5123.192 | 39575 |
| of the Revised Code. | 39576 |
| | 39577 |
| section 5123.50 of the Revised Code. | 39578 |
| | 39579 |
| individual through a gastrostomy tube or a jejunostomy tube. | 39580 |
| Sec. 5123.51. (A) In addition to any other action required | 39581 |
| by sections 5123.61 and 5126.31 of the Revised Code, the | 39582 |
| department of mental retardation and developmental disabilities | 39583 |
| shall review each report the department receives of abuse or | 39584 |
| neglect of an individual with mental retardation or a | 39585 |
| developmental disability or misappropriation of an individual's | 39586 |
| property that includes an allegation that an MR/DD employee | 39587 |
| committed or was responsible for the abuse, neglect, or | 39588 |
| misappropriation. The department shall review a report it receives | 39589 |
| from a public children services agency only after the agency | 39590 |
| completes its investigation pursuant to section 2151.421 of the | 39591 |
| Revised Code. On receipt of a notice under section 2930.061 or | 39592 |
| 5123.541 of the Revised Code, the department shall review the | 39593 |
| notice. | 39594 |
| (B) The department shall do both of the following: | 39595 |
| (1) Investigate the allegation or adopt the findings of an | 39596 |
| investigation or review of the allegation conducted by another | 39597 |
| person or government entity and determine whether there is a | 39598 |
| reasonable basis for the allegation; | 39599 |
| (2) If the department determines that there is a reasonable | 39600 |
| basis for the allegation, conduct an adjudication pursuant to | 39601 |
| Chapter 119. of the Revised Code. | 39602 |
| (C)(1) The department shall appoint an independent hearing | 39603 |
| officer to conduct any hearing conducted pursuant to division | 39604 |
| (B)(2) of this section, except that, if the hearing is regarding | 39605 |
| an employee of the department who is represented by a union, the | 39606 |
| department and a representative of the union shall jointly select | 39607 |
| the hearing officer. | 39608 |
| (2)(a) Except as provided in division (C)(2)(b) of this | 39609 |
| section, no hearing shall be conducted under division (B)(2) of | 39610 |
| this section until any criminal proceeding or collective | 39611 |
| bargaining arbitration concerning the same allegation has | 39612 |
| concluded. | 39613 |
| (b) The department may conduct a hearing pursuant to division | 39614 |
| (B)(2) of this section before a criminal proceeding concerning the | 39615 |
| same allegation is concluded if both of the following are the | 39616 |
| case: | 39617 |
| (i) The department notifies the prosecutor responsible for | 39618 |
| the criminal proceeding that the department proposes to conduct a | 39619 |
| hearing. | 39620 |
| (ii) The prosecutor consents to the hearing. | 39621 |
| (3) In conducting a hearing pursuant to division (B)(2) of | 39622 |
| this section, the hearing officer shall do all of the following: | 39623 |
| (a) Determine whether there is clear and convincing evidence | 39624 |
| that the MR/DD employee has done any of the following: | 39625 |
| (i) Misappropriated property of one or more individuals with | 39626 |
| mental retardation or a developmental disability that has a value, | 39627 |
| either separately or taken together, of one hundred dollars or | 39628 |
| more; | 39629 |
| (ii) Misappropriated property of an individual with mental | 39630 |
| retardation or a developmental disability that is designed to be | 39631 |
| used as a check, draft, negotiable instrument, credit card, charge | 39632 |
| card, or device for initiating an electronic fund transfer at a | 39633 |
| point of sale terminal, automated teller machine, or cash | 39634 |
| dispensing machine; | 39635 |
| (iii) Knowingly abused such an individual; | 39636 |
| (iv) Recklessly abused or neglected such an individual, with | 39637 |
| resulting physical harm; | 39638 |
| (v) Negligently abused or neglected such an individual, with | 39639 |
| resulting serious physical harm; | 39640 |
| (vi) Recklessly neglected such an individual, creating a | 39641 |
| substantial risk of serious physical harm; | 39642 |
| (vii) Engaged in sexual conduct or had sexual contact with an | 39643 |
| individual with mental retardation or another developmental | 39644 |
| disability who was not the MR/DD employee's spouse and for whom | 39645 |
| the MR/DD employee was employed or under a contract to provide | 39646 |
| care; | 39647 |
| (viii) Unreasonably failed to make a report pursuant to | 39648 |
| division (C) of section 5123.61 of the Revised Code when the | 39649 |
| employee knew or should have known that the failure would result | 39650 |
| in a substantial risk of harm to an individual with mental | 39651 |
| retardation or a developmental disability. | 39652 |
| (b) Give weight to the decision in any collective bargaining | 39653 |
| arbitration regarding the same allegation; | 39654 |
| (c) Give weight to any relevant facts presented at the | 39655 |
| hearing. | 39656 |
| (D)(1) Unless the director of mental retardation and | 39657 |
| developmental disabilities determines that there are extenuating | 39658 |
| circumstances and except as provided in division (E) of this | 39659 |
| section, if the director, after considering all of the factors | 39660 |
| listed in division (C)(3) of this section, finds that there is | 39661 |
| clear and convincing evidence that an MR/DD employee has done one | 39662 |
| or more of the things described in division (C)(3)(a) of this | 39663 |
| section the director shall include the name of the employee in the | 39664 |
| registry established under section 5123.52 of the Revised Code. | 39665 |
| (2) Extenuating circumstances the director must consider | 39666 |
| include the use of physical force by an MR/DD employee that was | 39667 |
| necessary as self-defense. | 39668 |
| (3) If the director includes an MR/DD employee in the | 39669 |
| registry established under section 5123.52 of the Revised Code, | 39670 |
| the director shall notify the employee, the person or government | 39671 |
| entity that employs or contracts with the employee, the individual | 39672 |
| with mental retardation or a developmental disability who was the | 39673 |
| subject of the report and that individual's legal guardian, if | 39674 |
| any, the attorney general, and the prosecuting attorney or other | 39675 |
| law enforcement agency. If the MR/DD employee holds a license, | 39676 |
| certificate, registration, or other authorization to engage in a | 39677 |
| profession issued pursuant to Title XLVII of the Revised Code, the | 39678 |
| director shall notify the appropriate agency, board, department, | 39679 |
| or other entity responsible for regulating the employee's | 39680 |
| professional practice. | 39681 |
| (4) If an individual whose name appears on the registry is | 39682 |
| involved in a court proceeding or arbitration arising from the | 39683 |
| same facts as the allegation resulting in the individual's | 39684 |
| placement on the registry, the disposition of the proceeding or | 39685 |
| arbitration shall be noted in the registry next to the | 39686 |
| individual's name. | 39687 |
| (E) In the case of an allegation concerning an employee of | 39688 |
| the department, after the hearing conducted pursuant to division | 39689 |
| (B)(2) of this section, the director of health or that director's | 39690 |
| designee shall review the decision of the hearing officer to | 39691 |
| determine whether the standard described in division (C)(3) of | 39692 |
| this section has been met. If the director or designee determines | 39693 |
| that the standard has been met and that no extenuating | 39694 |
| circumstances exist, the director or designee shall notify the | 39695 |
| director of mental retardation and developmental disabilities that | 39696 |
| the MR/DD employee is to be included in the registry established | 39697 |
| under section 5123.52 of the Revised Code. If the director of | 39698 |
| mental retardation and developmental disabilities receives such | 39699 |
| notification, the director shall include the MR/DD employee in the | 39700 |
| registry and shall provide the notification described in division | 39701 |
| (D)(3) of this section. | 39702 |
| (F) If the department is required by Chapter 119. of the | 39703 |
| Revised Code to give notice of an opportunity for a hearing and | 39704 |
| the MR/DD employee subject to the notice does not timely request a | 39705 |
| hearing in accordance with section 119.07 or 5123.0414 of the | 39706 |
| Revised Code, the department is not required to hold a hearing. | 39707 |
| (G) Files and records of investigations conducted pursuant to | 39708 |
| this section are not public records as defined in section 149.43 | 39709 |
| of the Revised Code, but, on request, the department shall provide | 39710 |
| copies of those files and records to the attorney general, a | 39711 |
| prosecuting attorney, or a law enforcement agency. | 39712 |
| Sec. 5123.60. (A) A legal rights service is hereby created | 39713 |
| and established to protect and advocate the rights of mentally ill | 39714 |
| persons, mentally retarded persons, developmentally disabled | 39715 |
| persons, and other disabled persons who may be represented by the | 39716 |
| service pursuant to division (L) of this section; to receive and | 39717 |
| act upon complaints concerning institutional and hospital | 39718 |
| practices and conditions of institutions for mentally retarded or | 39719 |
| developmentally disabled persons and hospitals for the mentally | 39720 |
| ill; and to assure that all persons detained, hospitalized, | 39721 |
| discharged, or institutionalized, and all persons whose detention, | 39722 |
| hospitalization, discharge, or institutionalization is sought or | 39723 |
| has been sought under this chapter or Chapter 5122. of the Revised | 39724 |
| Code are fully informed of their rights and adequately represented | 39725 |
| by counsel in proceedings under this chapter or Chapter 5122. of | 39726 |
| the Revised Code and in any proceedings to secure the rights of | 39727 |
|
those persons. | 39728 |
| 39729 | |
| 39730 | |
| 39731 | |
| 39732 | |
| 39733 | |
| any information in furtherance of its duties and state or federal | 39734 |
| law requires the source of that information to maintain the | 39735 |
| information confidentially, the legal rights service shall | 39736 |
| maintain that information confidentially in accordance with the | 39737 |
| law applicable to the source of the information. The legal rights | 39738 |
| service may disclose such information only in accordance with the | 39739 |
| law applicable to the source of the information. | 39740 |
| (B)(1) In regard to those persons detained, hospitalized, or | 39741 |
| institutionalized under Chapter 5122. of the Revised Code, the | 39742 |
| legal rights service shall undertake formal representation only of | 39743 |
| those persons who are involuntarily detained, hospitalized, or | 39744 |
| institutionalized pursuant to sections 5122.10 to 5122.15 of the | 39745 |
| Revised Code, and those voluntarily detained, hospitalized, or | 39746 |
| institutionalized who are minors, who have been adjudicated | 39747 |
| incompetent, who have been detained, hospitalized, or | 39748 |
| institutionalized in a public hospital, or who have requested | 39749 |
|
representation by the legal rights service. | 39750 |
| (2) If a person referred to in division (A) of this section | 39751 |
| voluntarily requests in writing that the legal rights service | 39752 |
| terminate participation in the person's case, such involvement | 39753 |
| shall cease. | 39754 |
| (3) Persons described in divisions (A) and (B)(1) of this | 39755 |
| section who are formally represented by the legal rights service | 39756 |
| are clients of the legal rights service. | 39757 |
| (C) Any person voluntarily hospitalized or institutionalized | 39758 |
| in a public hospital under division (A) of section 5122.02 of the | 39759 |
| Revised Code, after being fully informed of the person's rights | 39760 |
| under division (A) of this section, may, by written request, waive | 39761 |
| assistance by the legal rights service if the waiver is knowingly | 39762 |
| and intelligently made, without duress or coercion. | 39763 |
| The waiver may be rescinded at any time by the voluntary | 39764 |
| patient or resident, or by the voluntary patient's or resident's | 39765 |
| legal guardian. | 39766 |
| (D)(1) The legal rights service commission is hereby created | 39767 |
| for the purposes of appointing an administrator of the legal | 39768 |
| rights service, advising the administrator, assisting the | 39769 |
| administrator in developing a budget, advising the administrator | 39770 |
| in establishing and annually reviewing a strategic plan, creating | 39771 |
| a procedure for filing and determination of grievances against the | 39772 |
| legal rights service, and establishing general policy guidelines, | 39773 |
| including guidelines for the commencement of litigation, for the | 39774 |
| legal rights service. The commission may adopt rules to carry | 39775 |
| these purposes into effect and may receive and act upon appeals of | 39776 |
| personnel decisions by the administrator. | 39777 |
| (2) The commission shall consist of seven members. One | 39778 |
| member, who shall serve as chairperson, shall be appointed by the | 39779 |
| chief justice of the supreme court, three members shall be | 39780 |
| appointed by the speaker of the house of representatives, and | 39781 |
| three members shall be appointed by the president of the senate. | 39782 |
| At least two members shall have experience in the field of | 39783 |
| developmental disabilities, and at least two members shall have | 39784 |
| experience in the field of mental health. No member shall be a | 39785 |
| provider or related to a provider of services to mentally | 39786 |
| retarded, developmentally disabled, or mentally ill persons. | 39787 |
| (3) Terms of office of the members of the commission shall be | 39788 |
| for three years, each term ending on the same day of the month of | 39789 |
| the year as did the term which it succeeds. Each member shall | 39790 |
| serve subsequent to the expiration of the member's term until a | 39791 |
| successor is appointed and qualifies, or until sixty days has | 39792 |
| elapsed, whichever occurs first. No member shall serve more than | 39793 |
| two consecutive terms. | 39794 |
| All vacancies in the membership of the commission shall be | 39795 |
| filled in the manner prescribed for regular appointments to the | 39796 |
| commission and shall be limited to the unexpired terms. | 39797 |
| (4) The commission shall meet at least four times each year. | 39798 |
| Members shall be reimbursed for their necessary and actual | 39799 |
| expenses incurred in the performance of their official duties. | 39800 |
| (5) The administrator of the legal rights service shall serve | 39801 |
| at the pleasure of the commission. | 39802 |
| The administrator shall be a person who has had special | 39803 |
| training and experience in the type of work with which the legal | 39804 |
| rights service is charged. If the administrator is not an | 39805 |
| attorney, the administrator shall seek legal counsel when | 39806 |
| appropriate. The salary of the administrator shall be established | 39807 |
| in accordance with section 124.14 of the Revised Code. | 39808 |
| (E) The legal rights service shall be completely independent | 39809 |
| of the department of mental health and the department of mental | 39810 |
| retardation and developmental disabilities and, notwithstanding | 39811 |
| section 109.02 of the Revised Code, shall also be independent of | 39812 |
|
the office of the attorney general. The
| 39813 |
| rights service | 39814 |
| 39815 | |
| 39816 | |
| 39817 |
| | 39818 |
| 39819 | |
| 39820 | |
| 39821 | |
| 39822 | |
| 39823 | |
| 39824 | |
| 39825 | |
| 39826 | |
| 39827 | |
| 39828 | |
| 39829 | |
| 39830 | |
| 39831 | |
| 39832 |
| | 39833 |
| 39834 | |
| 39835 | |
| 39836 |
| | 39837 |
| 39838 | |
| 39839 |
| | 39840 |
| 39841 | |
| 39842 | |
| 39843 | |
| 39844 | |
| retarded persons, and developmentally disabled persons in | 39845 |
| accordance with 42 U.S.C. 10805 and 15043. | 39846 |
| (F) The administrator of the legal rights service shall do | 39847 |
| the following: | 39848 |
| (1) Administer and organize the work of the legal rights | 39849 |
| service and establish administrative or geographic divisions as | 39850 |
| the administrator considers necessary, proper, and expedient; | 39851 |
| (2) Adopt and promulgate rules that are not in conflict with | 39852 |
| rules adopted by the commission and prescribe duties for the | 39853 |
| efficient conduct of the business and general administration of | 39854 |
| the legal rights service; | 39855 |
| (3) Appoint and discharge employees, and hire experts, | 39856 |
| consultants, advisors, or other professionally qualified persons | 39857 |
| as the administrator considers necessary to carry out the duties | 39858 |
| of the legal rights service; | 39859 |
| (4) Apply for and accept grants of funds, and accept | 39860 |
| charitable gifts and bequests; | 39861 |
| (5) Prepare and submit a budget to the general assembly for | 39862 |
| the operation of the legal rights service. At least thirty days | 39863 |
| prior to submitting the budget to the general assembly, the | 39864 |
| administrator shall provide a copy of the budget to the commission | 39865 |
| for review and comment. When submitting the budget to the general | 39866 |
| assembly, the administrator shall include a copy of any written | 39867 |
| comments returned by the commission to the administrator. | 39868 |
| (6) Enter into contracts and make expenditures necessary for | 39869 |
| the efficient operation of the legal rights service; | 39870 |
| (7) Annually prepare a report of activities and submit copies | 39871 |
| of the report to the governor, the chief justice of the supreme | 39872 |
| court, the president of the senate, the speaker of the house of | 39873 |
| representatives, the director of mental health, and the director | 39874 |
| of mental retardation and developmental disabilities, and make the | 39875 |
| report available to the public; | 39876 |
| (8) Upon request of the commission or of the chairperson of | 39877 |
| the commission, report to the commission on specific litigation | 39878 |
| issues or activities. | 39879 |
| (G)(1) The legal rights service may act directly or contract | 39880 |
| with other organizations or individuals for the provision of the | 39881 |
| services envisioned under this section. | 39882 |
| (2) Whenever possible, the administrator shall attempt to | 39883 |
| facilitate the resolution of complaints through administrative | 39884 |
| channels. Subject to division (G)(3) of this section, if attempts | 39885 |
| at administrative resolution prove unsatisfactory, the | 39886 |
| administrator may pursue any legal, administrative, and other | 39887 |
| appropriate remedies or approaches that may be necessary to | 39888 |
| accomplish the purposes of this section. | 39889 |
| (3) The administrator may not pursue a class action lawsuit | 39890 |
| under division (G)(2) of this section when attempts at | 39891 |
| administrative resolution of a complaint prove unsatisfactory | 39892 |
| under that division unless both of the following have first | 39893 |
| occurred: | 39894 |
| (a) At least four members of the commission, by their | 39895 |
| affirmative vote, have consented to the pursuit of the class | 39896 |
| action lawsuit; | 39897 |
| (b) At least five members of the commission are present at | 39898 |
| the meeting of the commission at which that consent is obtained. | 39899 |
| (4) Subject to division (G)(5) of this section, relationships | 39900 |
| between personnel and the agents of the legal rights service and | 39901 |
| its clients shall be fiduciary relationships, and all | 39902 |
| communications shall be confidential, as if between attorney and | 39903 |
| client. | 39904 |
| (5) Any person who has been represented by the legal rights | 39905 |
| service or who has applied for and been denied representation and | 39906 |
| who files a grievance with the service concerning the | 39907 |
| representation or application may appeal the decision of the | 39908 |
| service on the grievance to the commission. The person may appeal | 39909 |
| notwithstanding any objections of the person's legal guardian. The | 39910 |
| commission may examine any records relevant to the appeal and | 39911 |
| shall maintain the confidentiality of any records that are | 39912 |
| required to be kept confidential. | 39913 |
| (H) The legal rights service, on the order of the | 39914 |
| administrator, with the approval by an affirmative vote of at | 39915 |
| least four members of the commission, may compel by subpoena the | 39916 |
| appearance and sworn testimony of any person the administrator | 39917 |
| reasonably believes may be able to provide information or to | 39918 |
| produce any documents, books, records, papers, or other | 39919 |
| information necessary to carry out its duties. | 39920 |
| (I) The legal rights service may conduct public hearings. | 39921 |
| (J) The legal rights service may request from any | 39922 |
| governmental agency any cooperation, assistance, services, or data | 39923 |
| that will enable it to perform its duties. | 39924 |
| (K) In any malpractice action filed against the administrator | 39925 |
| of the legal rights service, a member of the staff of the legal | 39926 |
| rights service, or an attorney designated by the administrator to | 39927 |
| perform legal services under division (E) of this section, the | 39928 |
| state shall, when the administrator, member, or attorney has acted | 39929 |
| in good faith and in the scope of employment, indemnify the | 39930 |
| administrator, member, or attorney for any judgment awarded or | 39931 |
| amount negotiated in settlement, and for any court costs or legal | 39932 |
| fees incurred in defense of the claim. | 39933 |
| This division does not limit or waive, and shall not be | 39934 |
| construed to limit or waive, any defense that is available to the | 39935 |
| legal rights service, its administrator or employees, persons | 39936 |
| under a personal services contract with it, or persons designated | 39937 |
| under division (E) of this section, including, but not limited to, | 39938 |
| any defense available under section 9.86 of the Revised Code. | 39939 |
| (L) In addition to providing services to mentally ill, | 39940 |
| mentally retarded, or developmentally disabled persons, when a | 39941 |
| grant authorizing the provision of services to other individuals | 39942 |
| is accepted pursuant to division (F)(4) of this section, the legal | 39943 |
| rights service and its ombudsperson section may provide advocacy | 39944 |
| or ombudsperson services to those other individuals and exercise | 39945 |
| any other authority granted by this section or sections 5123.601 | 39946 |
| to 5123.604 of the Revised Code on behalf of those individuals. | 39947 |
| Determinations of whether an individual is eligible for services | 39948 |
| under this division shall be made by the legal rights service. | 39949 |
| (M) As used in this section and sections 5123.601 to 5123.604 | 39950 |
| of the Revised Code, "mentally ill person" means a person to whom | 39951 |
| both of the following apply: | 39952 |
| (1) The person has a significant mental illness or emotional | 39953 |
| impairment, as determined by a mental health professional | 39954 |
| qualified under the laws and rules of this state. | 39955 |
| (2) One of the following applies to the person: | 39956 |
| (a) The person is an inpatient or resident in a facility | 39957 |
| rendering care or treatment, even if the whereabouts of the person | 39958 |
| are unknown. | 39959 |
| (b) The person is in the process of being admitted to a | 39960 |
| facility rendering care or treatment, including persons being | 39961 |
| transported to such a facility. | 39962 |
| (c) The person is involuntarily confined in a municipal | 39963 |
| detention facility for reasons other than serving a sentence | 39964 |
| resulting from conviction of or plea of guilty to a criminal | 39965 |
| offense. | 39966 |
| (d) The person lives in a community setting, including the | 39967 |
| person's own home. | 39968 |
| Sec. 5123.602. The | 39969 |
| legal
rights service | 39970 |
| 39971 | |
| 39972 | |
| 39973 | |
| 39974 | |
| 39975 | |
| private and confidential setting with any mentally retarded, | 39976 |
| developmentally disabled, or mentally ill persons | 39977 |
| parents, guardians, or advocates | 39978 |
| 39979 |
| Sec. 5123.603. The | 39980 |
| legal rights service shall: | 39981 |
| (A) Publicize its existence, functions, and activities, and | 39982 |
| the procedures for filing a complaint under section 5123.601 of | 39983 |
| the Revised Code, and send this information in written form to | 39984 |
| each provider with instructions that the information is to be | 39985 |
| posted in a conspicuous place accessible to residents, visitors, | 39986 |
| and employees; | 39987 |
| (B) | 39988 |
| 39989 |
| | 39990 |
| any matters it is required to maintain as confidential; | 39991 |
| | 39992 |
| complaints, investigations, or other actions or conditions, for | 39993 |
| the purpose of helping prepare the annual report required by | 39994 |
| division (F)(7) of section 5123.60 of the Revised Code and | 39995 |
| identifying and resolving significant systemic problems affecting | 39996 |
| mentally retarded, developmentally disabled, or mentally ill | 39997 |
| persons; | 39998 |
| | 39999 |
| changes in policies and rules that affect mentally retarded, | 40000 |
| developmentally disabled, or mentally ill persons; | 40001 |
| | 40002 |
| for receiving complaints. | 40003 |
| Sec. 5123.604. (A) No one shall take a discriminatory, | 40004 |
| disciplinary, or retaliatory action against any officer or | 40005 |
| employee of a provider, any mentally retarded, developmentally | 40006 |
| disabled, or mentally ill person, the parents or guardian of a | 40007 |
| mentally retarded, developmentally disabled, or mentally ill | 40008 |
| person, or any volunteer or advocate for a mentally retarded, | 40009 |
| developmentally disabled, or mentally ill person, for any | 40010 |
| communication these persons make or information they disclose in | 40011 |
| good faith to the ombudsperson section of the legal rights | 40012 |
| service. | 40013 |
| (B) No person shall knowingly interfere with lawful actions | 40014 |
| of the ombudsperson section, refuse entry to its representatives, | 40015 |
| fail to comply with its lawful demands, or offer any compensation, | 40016 |
| gratuity, or promise thereof in an effort to influence the outcome | 40017 |
| of any matter being considered by the section. | 40018 |
| (C) The department of mental retardation and developmental | 40019 |
| disabilities shall immediately notify the ombudsperson section of | 40020 |
| all investigations of major unusual incidents or life-threatening | 40021 |
| situations, as defined in rules adopted by the department, | 40022 |
| involving mentally retarded and developmentally disabled persons, | 40023 |
| and shall furnish copies of all relevant reports within | 40024 |
| forty-eight hours after receipt. The department of mental health | 40025 |
|
shall notify the ombudsperson section of all | 40026 |
| reportable incidents | 40027 |
| rules adopted by the department, involving mentally ill persons | 40028 |
| within forty-eight hours after receipt of the report of the | 40029 |
| incident | 40030 |
| family services shall notify the department of mental retardation | 40031 |
| and developmental disabilities of all allegations and | 40032 |
| investigations of abuse, neglect, or life-threatening situations | 40033 |
| involving mentally retarded or developmentally disabled persons. | 40034 |
| Any other state agency with information concerning abuse, neglect, | 40035 |
| or life-threatening situations involving mentally retarded or | 40036 |
| developmentally disabled persons shall report that information | 40037 |
| immediately to the department of mental retardation and | 40038 |
| developmental disabilities. | 40039 |
| Nothing in this section or section 5123.60, 5123.601, or | 40040 |
| 5123.602 of the Revised Code shall preclude any department or | 40041 |
| board, its contract agencies, a community residential facility, or | 40042 |
| other governmental entity from carrying out its responsibility as | 40043 |
| prescribed by law. | 40044 |
| Sec. 5123.605. There is hereby created in the state treasury | 40045 |
| the program income fund. Revenue generated from settlements, | 40046 |
| gifts, donations, and other sources of legal rights service | 40047 |
| program income shall be credited to the fund. The program income | 40048 |
| fund shall be used to support legal rights service programs for | 40049 |
| purposes from which the income was derived and for the general | 40050 |
| support of legal rights service programs. | 40051 |
| Sec. 5123.99. (A) Whoever violates section 5123.16 or | 40052 |
| 5123.20 of the Revised Code is guilty of a misdemeanor of the | 40053 |
| first degree. | 40054 |
| (B) Whoever violates division (C), (E), or (G)(3) of section | 40055 |
| 5123.61 of the Revised Code is guilty of a misdemeanor of the | 40056 |
| fourth degree or, if the abuse or neglect constitutes a felony, a | 40057 |
| misdemeanor of the second degree. In addition to any other | 40058 |
| sanction or penalty authorized or required by law, if a person who | 40059 |
| is convicted of or pleads guilty to a violation of division (C), | 40060 |
| (E), or (G)(3) of section 5123.61 of the Revised Code is an MR/DD | 40061 |
| employee, as defined in section 5123.50 of the Revised Code, the | 40062 |
| offender shall be eligible to be included in the registry | 40063 |
| regarding misappropriation, abuse, neglect, or other specified | 40064 |
| misconduct by MR/DD employees established under section 5123.52 of | 40065 |
| the Revised Code. | 40066 |
| (C) Whoever violates division (A) of section 5123.604 of the | 40067 |
| Revised Code is guilty of a misdemeanor of the second degree. | 40068 |
| (D) Whoever violates division (B) of section 5123.604 of the | 40069 |
| Revised Code shall be fined not more than one thousand dollars. | 40070 |
| Each violation constitutes a separate offense. | 40071 |
| Sec. 5126.038. (A) | 40072 |
| services" means all of the following services provided on behalf | 40073 |
| of a county board of mental retardation and developmental | 40074 |
| disabilities, members or employees of a county board, or both: | 40075 |
| | 40076 |
| | 40077 |
| by a county prosecutor or provided for the purpose of collective | 40078 |
| bargaining; | 40079 |
| | 40080 |
| | 40081 |
| | 40082 |
| professional growth reimbursement programs for county board | 40083 |
| members or employees. | 40084 |
| | 40085 |
| 40086 | |
| 40087 |
| (B) Each county board of mental retardation and developmental | 40088 |
| disabilities shall submit to the board of county commissioners of | 40089 |
| each county that is served by the county board, in accordance with | 40090 |
| the normal budget process and as part of its budget request, a | 40091 |
| list identifying the total expenditures projected for any of the | 40092 |
| following: | 40093 |
| (1) Any membership dues of the members or employees of the | 40094 |
| county board, in any organization, association, or other entity; | 40095 |
| (2) Any professional services of the county board, its | 40096 |
| members or employees, or both; | 40097 |
| (3) Any training of the members or employees of the county | 40098 |
| board. | 40099 |
| Sec. 5126.042. (A) As used in this section, "emergency" | 40100 |
| means any situation that creates for an individual with mental | 40101 |
| retardation or developmental disabilities a risk of substantial | 40102 |
| self-harm or substantial harm to others if action is not taken | 40103 |
| within thirty days. An "emergency" may include one or more of the | 40104 |
| following situations: | 40105 |
| (1) Loss of present residence for any reason, including legal | 40106 |
| action; | 40107 |
| (2) Loss of present caretaker for any reason, including | 40108 |
| serious illness of the caretaker, change in the caretaker's | 40109 |
| status, or inability of the caretaker to perform effectively for | 40110 |
| the individual; | 40111 |
| (3) Abuse, neglect, or exploitation of the individual; | 40112 |
| (4) Health and safety conditions that pose a serious risk to | 40113 |
| the individual or others of immediate harm or death; | 40114 |
| (5) Change in the emotional or physical condition of the | 40115 |
| individual that necessitates substantial accommodation that cannot | 40116 |
| be reasonably provided by the individual's existing caretaker. | 40117 |
| (B) If a county board of mental retardation and developmental | 40118 |
| disabilities determines that available resources are not | 40119 |
| sufficient to meet the needs of all individuals who request | 40120 |
| programs and services and may be offered the programs and | 40121 |
| services, it shall establish waiting lists for services. The board | 40122 |
| may establish priorities for making placements on its waiting | 40123 |
| lists according to an individual's emergency status and shall | 40124 |
| establish priorities in accordance with divisions (D) and (E) of | 40125 |
| this section. | 40126 |
| The individuals who may be placed on a waiting list include | 40127 |
| individuals with a need for services on an emergency basis and | 40128 |
| individuals who have requested services for which resources are | 40129 |
| not available. | 40130 |
| Except for an individual who is to receive priority for | 40131 |
| services pursuant to division (D)(3) of this section, an | 40132 |
| individual who currently receives a service but would like to | 40133 |
| change to another service shall not be placed on a waiting list | 40134 |
| but shall be placed on a service substitution list. The board | 40135 |
| shall work with the individual, service providers, and all | 40136 |
| appropriate entities to facilitate the change in service as | 40137 |
| expeditiously as possible. The board may establish priorities for | 40138 |
| making placements on its service substitution lists according to | 40139 |
| an individual's emergency status. | 40140 |
| In addition to maintaining waiting lists and service | 40141 |
| substitution lists, a board shall maintain a long-term service | 40142 |
| planning registry for individuals who wish to record their | 40143 |
| intention to request in the future a service they are not | 40144 |
| currently receiving. The purpose of the registry is to enable the | 40145 |
| board to document requests and to plan appropriately. The board | 40146 |
| may not place an individual on the registry who meets the | 40147 |
| conditions for receipt of services on an emergency basis. | 40148 |
| (C) A county board shall establish a separate waiting list | 40149 |
| for each of the following categories of services, and may | 40150 |
| establish separate waiting lists within the waiting lists: | 40151 |
| (1) Early childhood services; | 40152 |
| (2) Educational programs for preschool and school age | 40153 |
| children; | 40154 |
| (3) Adult services; | 40155 |
| (4) Service and support administration; | 40156 |
| (5) Residential services and supported living; | 40157 |
| (6) Transportation services; | 40158 |
| (7) Other services determined necessary and appropriate for | 40159 |
| persons with mental retardation or a developmental disability | 40160 |
| according to their individual habilitation or service plans; | 40161 |
| (8) Family support services provided under section 5126.11 of | 40162 |
| the Revised Code. | 40163 |
| (D) Except as provided in division (G) of this section, a | 40164 |
| county board shall do, as priorities, all of the following in | 40165 |
| accordance with the assessment component, approved under section | 40166 |
| 5123.046 of the Revised Code, of the county board's plan developed | 40167 |
| under section 5126.054 of the Revised Code: | 40168 |
| (1) For the purpose of obtaining additional federal medicaid | 40169 |
| funds for home and community-based services and medicaid case | 40170 |
| management services, do both of the following: | 40171 |
| (a) Give an individual who is eligible for home and | 40172 |
| community-based services and meets both of the following | 40173 |
| requirements priority over any other individual on a waiting list | 40174 |
| established under division (C) of this section for home and | 40175 |
| community-based services that include supported living, | 40176 |
| residential services, or family support services: | 40177 |
| (i) Is twenty-two years of age or older; | 40178 |
| (ii) Receives supported living or family support services. | 40179 |
| (b) Give an individual who is eligible for home and | 40180 |
| community-based services and meets both of the following | 40181 |
| requirements priority over any other individual on a waiting list | 40182 |
| established under division (C) of this section for home and | 40183 |
| community-based services that include adult services: | 40184 |
| (i) Resides in the individual's own home or the home of the | 40185 |
| individual's family and will continue to reside in that home after | 40186 |
| enrollment in home and community-based services; | 40187 |
| (ii) Receives adult services from the county board. | 40188 |
| (2) As federal medicaid funds become available pursuant to | 40189 |
| division (D)(1) of this section, give an individual who is | 40190 |
| eligible for home and community-based services and meets any of | 40191 |
| the following requirements priority for such services over any | 40192 |
| other individual on a waiting list established under division (C) | 40193 |
| of this section: | 40194 |
| (a) Does not receive residential services or supported | 40195 |
| living, either needs services in the individual's current living | 40196 |
| arrangement or will need services in a new living arrangement, and | 40197 |
| has a primary caregiver who is sixty years of age or older; | 40198 |
| (b) Is less than twenty-two years of age and has at least one | 40199 |
| of the following service needs that are unusual in scope or | 40200 |
| intensity: | 40201 |
| (i) Severe behavior problems for which a behavior support | 40202 |
| plan is needed; | 40203 |
| (ii) An emotional disorder for which anti-psychotic | 40204 |
| medication is needed; | 40205 |
| (iii) A medical condition that leaves the individual | 40206 |
| dependent on life-support medical technology; | 40207 |
| (iv) A condition affecting multiple body systems for which a | 40208 |
| combination of specialized medical, psychological, educational, or | 40209 |
| habilitation services are needed; | 40210 |
| (v) A condition the county board determines to be comparable | 40211 |
|
in severity to any condition described in | 40212 |
| (D)(2)(b)(i) to (iv) of this section and places the individual at | 40213 |
| significant risk of institutionalization. | 40214 |
| (c) Is twenty-two years of age or older, does not receive | 40215 |
| residential services or supported living, and is determined by the | 40216 |
| county board to have intensive needs for home and community-based | 40217 |
| services on an in-home or out-of-home basis. | 40218 |
| (3) In fiscal years 2002 and 2003, give an individual who is | 40219 |
| eligible for home and community-based services, resides in an | 40220 |
| intermediate care facility for the mentally retarded or nursing | 40221 |
| facility, chooses to move to another setting with the help of home | 40222 |
| and community-based services, and has been determined by the | 40223 |
| department of mental retardation and developmental disabilities to | 40224 |
| be capable of residing in the other setting, priority over any | 40225 |
| other individual on a waiting list established under division (C) | 40226 |
| of this section for home and community-based services who does not | 40227 |
| meet these criteria. The department of mental retardation and | 40228 |
| developmental disabilities shall identify the individuals to | 40229 |
| receive priority under division (D)(3) of this section, assess the | 40230 |
| needs of the individuals, and notify the county boards that are to | 40231 |
| provide the individuals priority under division (D)(3) of this | 40232 |
| section of the individuals identified by the department and the | 40233 |
| individuals' assessed needs. | 40234 |
| (E) Except as provided in division (G) of this section and | 40235 |
| for a number of years and beginning on a date specified in rules | 40236 |
| adopted under division (K) of this section, a county board shall | 40237 |
| give an individual who is eligible for home and community-based | 40238 |
| services, resides in a nursing facility, and chooses to move to | 40239 |
| another setting with the help of home and community-based | 40240 |
| services, priority over any other individual on a waiting list | 40241 |
| established under division (C) of this section for home and | 40242 |
| community-based services who does not meet these criteria. | 40243 |
| (F) If two or more individuals on a waiting list established | 40244 |
| under division (C) of this section for home and community-based | 40245 |
| services have priority for the services pursuant to division | 40246 |
| (D)(1) or (2) or (E) of this section, a county board may use, | 40247 |
|
until
December 31, | 40248 |
| under division (K)(2) of this section in determining the order in | 40249 |
| which the individuals with priority will be offered the services. | 40250 |
| Otherwise, the county board shall offer the home and | 40251 |
| community-based services to such individuals in the order they are | 40252 |
| placed on the waiting list. | 40253 |
| (G)(1) No individual may receive priority for services | 40254 |
| pursuant to division (D) or (E) of this section over an individual | 40255 |
| placed on a waiting list established under division (C) of this | 40256 |
| section on an emergency status. | 40257 |
| (2) No more than four hundred individuals in the state may | 40258 |
|
receive priority for services during
the
| 40259 |
| biennium pursuant to division (D)(2)(b) of this section. | 40260 |
| (3) No more than a total of seventy-five individuals in the | 40261 |
| state may receive priority for services during state fiscal years | 40262 |
| 2002 and 2003 pursuant to division (D)(3) of this section. | 40263 |
| (4) No more than forty individuals in the state may receive | 40264 |
| priority for services pursuant to division (E) of this section for | 40265 |
| each year that priority category is in effect as specified in | 40266 |
| rules adopted under division (K) of this section. | 40267 |
| (H) Prior to establishing any waiting list under this | 40268 |
| section, a county board shall develop and implement a policy for | 40269 |
| waiting lists that complies with this section and rules adopted | 40270 |
| under division (K) of this section. | 40271 |
| Prior to placing an individual on a waiting list, the county | 40272 |
| board shall assess the service needs of the individual in | 40273 |
| accordance with all applicable state and federal laws. The county | 40274 |
| board shall place the individual on the appropriate waiting list | 40275 |
| and may place the individual on more than one waiting list. The | 40276 |
| county board shall notify the individual of the individual's | 40277 |
| placement and position on each waiting list on which the | 40278 |
| individual is placed. | 40279 |
| At least annually, the county board shall reassess the | 40280 |
| service needs of each individual on a waiting list. If it | 40281 |
| determines that an individual no longer needs a program or | 40282 |
| service, the county board shall remove the individual from the | 40283 |
| waiting list. If it determines that an individual needs a program | 40284 |
| or service other than the one for which the individual is on the | 40285 |
| waiting list, the county board shall provide the program or | 40286 |
| service to the individual or place the individual on a waiting | 40287 |
| list for the program or service in accordance with the board's | 40288 |
| policy for waiting lists. | 40289 |
| When a program or service for which there is a waiting list | 40290 |
| becomes available, the county board shall reassess the service | 40291 |
| needs of the individual next scheduled on the waiting list to | 40292 |
| receive that program or service. If the reassessment demonstrates | 40293 |
| that the individual continues to need the program or service, the | 40294 |
| board shall offer the program or service to the individual. If it | 40295 |
| determines that an individual no longer needs a program or | 40296 |
| service, the county board shall remove the individual from the | 40297 |
| waiting list. If it determines that an individual needs a program | 40298 |
| or service other than the one for which the individual is on the | 40299 |
| waiting list, the county board shall provide the program or | 40300 |
| service to the individual or place the individual on a waiting | 40301 |
| list for the program or service in accordance with the board's | 40302 |
| policy for waiting lists. The county board shall notify the | 40303 |
| individual of the individual's placement and position on the | 40304 |
| waiting list on which the individual is placed. | 40305 |
| (I) A child subject to a determination made pursuant to | 40306 |
| section 121.38 of the Revised Code who requires the home and | 40307 |
| community-based services provided through a medicaid component | 40308 |
| that the department of mental retardation and developmental | 40309 |
| disabilities administers under section 5111.871 of the Revised | 40310 |
| Code shall receive services through that medicaid component. For | 40311 |
| all other services, a child subject to a determination made | 40312 |
| pursuant to section 121.38 of the Revised Code shall be treated as | 40313 |
| an emergency by the county boards and shall not be subject to a | 40314 |
| waiting list. | 40315 |
| (J) Not later than the fifteenth day of March of each | 40316 |
| even-numbered year, each county board shall prepare and submit to | 40317 |
| the director of mental retardation and developmental disabilities | 40318 |
| its recommendations for the funding of services for individuals | 40319 |
| with mental retardation and developmental disabilities and its | 40320 |
| proposals for reducing the waiting lists for services. | 40321 |
| (K)(1) The department of mental retardation and developmental | 40322 |
| disabilities shall adopt rules in accordance with Chapter 119. of | 40323 |
| the Revised Code governing waiting lists established under this | 40324 |
| section. The rules shall include procedures to be followed to | 40325 |
| ensure that the due process rights of individuals placed on | 40326 |
| waiting lists are not violated. | 40327 |
| (2) As part of the rules adopted under this division, the | 40328 |
| department shall adopt rules establishing criteria a county board | 40329 |
| may use under division (F) of this section in determining the | 40330 |
| order in which individuals with priority for home and | 40331 |
| community-based services will be offered the services. The rules | 40332 |
| shall also specify conditions under which a county board, when | 40333 |
| there is no individual with priority for home and community-based | 40334 |
| services pursuant to division (D)(1) or (2) or (E) of this section | 40335 |
| available and appropriate for the services, may offer the services | 40336 |
| to an individual on a waiting list for the services but not given | 40337 |
| such priority for the services. The rules adopted under division | 40338 |
| (K)(2) of this section shall cease to have effect December 31, | 40339 |
| 40340 |
| (3) As part of the rules adopted under this division, the | 40341 |
| department shall adopt rules specifying both of the following for | 40342 |
| the priority category established under division (E) of this | 40343 |
| section: | 40344 |
| (a) The number of years, which shall not exceed five, that | 40345 |
| the priority category will be in effect; | 40346 |
| (b) The date that the priority category is to go into effect. | 40347 |
| (L) The following shall take precedence over the applicable | 40348 |
| provisions of this section: | 40349 |
| (1) Medicaid rules and regulations; | 40350 |
| (2) Any specific requirements that may be contained within a | 40351 |
| medicaid state plan amendment or waiver program that a county | 40352 |
| board has authority to administer or with respect to which it has | 40353 |
| authority to provide services, programs, or supports. | 40354 |
| Sec. 5126.046. (A) Each county board of mental retardation | 40355 |
| and developmental disabilities that has medicaid local | 40356 |
| administrative authority under division (A) of section 5126.055 of | 40357 |
| the Revised Code for habilitation, vocational, or community | 40358 |
| employment services provided as part of home and community-based | 40359 |
| services shall create a list of all persons and government | 40360 |
| entities eligible to provide such habilitation, vocational, or | 40361 |
| community employment services. If the county board chooses and is | 40362 |
| eligible to provide such habilitation, vocational, or community | 40363 |
| employment services, the county board shall include itself on the | 40364 |
| list. The county board shall make the list available to each | 40365 |
| individual with mental retardation or other developmental | 40366 |
| disability who resides in the county and is eligible for such | 40367 |
| habilitation, vocational, or community employment services. The | 40368 |
| county board shall also make the list available to such | 40369 |
| individuals' families. | 40370 |
| An individual with mental retardation or other developmental | 40371 |
| disability who is eligible for habilitation, vocational, or | 40372 |
| community employment services may choose the provider of the | 40373 |
| services. | 40374 |
| | 40375 |
| 40376 | |
| 40377 | |
| 40378 | |
| 40379 | |
| 40380 | |
| 40381 | |
| 40382 | |
| 40383 | |
| 40384 |
| (B) Each month, the department of mental retardation and | 40385 |
| developmental disabilities shall create a list of all persons and | 40386 |
| government entities eligible to provide residential services and | 40387 |
| supported living. The department shall include on the list all | 40388 |
| residential facilities licensed under section 5123.19 of the | 40389 |
| Revised Code and all supported living providers certified under | 40390 |
|
section | 40391 |
| shall distribute the monthly lists to county boards that have | 40392 |
| local administrative authority under division (A) of section | 40393 |
| 5126.055 of the Revised Code for residential services and | 40394 |
| supported living provided as part of home and community-based | 40395 |
| services. A county board that receives a list shall make it | 40396 |
| available to each individual with mental retardation or other | 40397 |
| developmental disability who resides in the county and is eligible | 40398 |
| for such residential services or supported living. The county | 40399 |
| board shall also make the list available to the families of those | 40400 |
| individuals. | 40401 |
| An individual who is eligible for residential services or | 40402 |
| supported living may choose the provider of the residential | 40403 |
| services or supported living. | 40404 |
| | 40405 |
| 40406 | |
| 40407 | |
| 40408 | |
| 40409 | |
| 40410 | |
| 40411 | |
| 40412 | |
| 40413 |
| (C) If a county board that has medicaid local administrative | 40414 |
| authority under division (A) of section 5126.055 of the Revised | 40415 |
| Code for home and community-based services violates the right | 40416 |
| established by this section of an individual to choose a provider | 40417 |
| that is qualified and willing to provide services to the | 40418 |
| individual, the individual shall receive timely notice that the | 40419 |
| individual may request a hearing under section 5101.35 of the | 40420 |
| Revised Code. | 40421 |
| (D) The departments of mental retardation and developmental | 40422 |
| disabilities and job and family services shall adopt rules in | 40423 |
| accordance with Chapter 119. of the Revised Code governing the | 40424 |
| implementation of this section. The rules shall include procedures | 40425 |
| for individuals to choose their service providers. The rules shall | 40426 |
| not be limited by a provider selection system established under | 40427 |
| section 5126.42 of the Revised Code, including any pool of | 40428 |
| providers created pursuant to a provider selection system. | 40429 |
| Sec. 5126.054. (A) Each county board of mental retardation | 40430 |
| and developmental disabilities shall, by resolution, develop a | 40431 |
| three-calendar year plan that includes the following four | 40432 |
| components: | 40433 |
| (1) An assessment component that includes all of the | 40434 |
| following: | 40435 |
| (a) The number of individuals with mental retardation or | 40436 |
| other developmental disability residing in the county who need the | 40437 |
| level of care provided by an intermediate care facility for the | 40438 |
| mentally retarded, may seek home and community-based services, are | 40439 |
| given priority for the services pursuant to division (D) of | 40440 |
| section 5126.042 of the Revised Code; the service needs of those | 40441 |
| individuals; and the projected annualized cost for services; | 40442 |
| (b) The source of funds available to the county board to pay | 40443 |
| the nonfederal share of medicaid expenditures that the county | 40444 |
|
board is required by | 40445 |
| 5126.059 and 5126.0510 of the Revised Code to pay; | 40446 |
| (c) Any other applicable information or conditions that the | 40447 |
| department of mental retardation and developmental disabilities | 40448 |
| requires as a condition of approving the component under section | 40449 |
| 5123.046 of the Revised Code. | 40450 |
| (2) A component that provides for the recruitment, training, | 40451 |
| and retention of existing and new direct care staff necessary to | 40452 |
| implement services included in individualized service plans, | 40453 |
| including behavior management services and health management | 40454 |
| services such as delegated nursing and other habilitation | 40455 |
| services, and protect the health and welfare of individuals | 40456 |
| receiving services included in the individual's individualized | 40457 |
| service plan by complying with safeguards for unusual and major | 40458 |
| unusual incidents, day-to-day program management, and other | 40459 |
| requirements the department shall identify. A county board shall | 40460 |
| develop this component in collaboration with providers of | 40461 |
| medicaid-funded services with which the county board contracts. A | 40462 |
| county board shall include all of the following in the component: | 40463 |
| (a) The source and amount of funds available for the | 40464 |
| component; | 40465 |
| (b) A plan and timeline for implementing the component with | 40466 |
| the medicaid providers under contract with the county board; | 40467 |
| (c) The mechanisms the county board shall use to ensure the | 40468 |
| financial and program accountability of the medicaid provider's | 40469 |
| implementation of the component. | 40470 |
| (3) A preliminary implementation component that specifies the | 40471 |
| number of individuals to be provided, during the first year that | 40472 |
| the plan is in effect, home and community-based services pursuant | 40473 |
| to the priority given to them under divisions (D)(1) and (2) of | 40474 |
| section 5126.042 of the Revised Code and the types of home and | 40475 |
| community-based services the individuals are to receive; | 40476 |
| (4) A component that provides for the implementation of | 40477 |
| medicaid case management services and home and community-based | 40478 |
| services for individuals who begin to receive the services on or | 40479 |
| after the date the plan is approved under section 5123.046 of the | 40480 |
| Revised Code. A county board shall include all of the following in | 40481 |
| the component: | 40482 |
| (a) If the department of mental retardation and developmental | 40483 |
| disabilities or department of job and family services requires, an | 40484 |
| agreement to pay the nonfederal share of medicaid expenditures | 40485 |
| that the county board is required by
| 40486 |
| 40487 | |
| pay; | 40488 |
| (b) How the services are to be phased in over the period the | 40489 |
| plan covers, including how the county board will serve individuals | 40490 |
| on a waiting list established under division (C) of section | 40491 |
| 5126.042 who are given priority status under division (D)(1) of | 40492 |
| that section; | 40493 |
| (c) Any agreement or commitment regarding the county board's | 40494 |
| funding of home and community-based services that the county board | 40495 |
| has with the department at the time the county board develops the | 40496 |
| component; | 40497 |
| (d) Assurances adequate to the department that the county | 40498 |
| board will comply with all of the following requirements: | 40499 |
| (i) To provide the types of home and community-based services | 40500 |
| specified in the preliminary implementation component required by | 40501 |
| division (A)(3) of this section to at least the number of | 40502 |
| individuals specified in that component; | 40503 |
| (ii) To use any additional funds the county board receives | 40504 |
| for the services to improve the county board's resource | 40505 |
| capabilities for supporting such services available in the county | 40506 |
| at the time the component is developed and to expand the services | 40507 |
| to accommodate the unmet need for those services in the county; | 40508 |
| (iii) To employ a business manager who is either a new | 40509 |
| employee who has earned at least a bachelor's degree in business | 40510 |
| administration or a current employee who has the equivalent | 40511 |
| experience of a bachelor's degree in business administration. If | 40512 |
| the county board will employ a new employee, the county board | 40513 |
| shall include in the component a timeline for employing the | 40514 |
| employee. | 40515 |
| (iv) To employ or contract with a medicaid services manager | 40516 |
| who is either a new employee who has earned at least a bachelor's | 40517 |
| degree or a current employee who has the equivalent experience of | 40518 |
| a bachelor's degree. If the county board will employ a new | 40519 |
| employee, the county board shall include in the component a | 40520 |
| timeline for employing the employee. Two or three county boards | 40521 |
| that have a combined total enrollment in county board services not | 40522 |
| exceeding one thousand individuals as determined pursuant to | 40523 |
| certifications made under division (B) of section 5126.12 of the | 40524 |
| Revised Code may satisfy this requirement by sharing the services | 40525 |
| of a medicaid services manager or using the services of a medicaid | 40526 |
| services manager employed by or under contract with a regional | 40527 |
| council that the county boards establish under section 5126.13 of | 40528 |
| the Revised Code. | 40529 |
| (e) An agreement to comply with the method, developed by | 40530 |
| rules adopted under section 5123.0413 of the Revised Code, of | 40531 |
| paying for extraordinary costs, including extraordinary costs for | 40532 |
| services to individuals with mental retardation or other | 40533 |
| developmental disability, and ensuring the availability of | 40534 |
| adequate funds in the event a county property tax levy for | 40535 |
| services for individuals with mental retardation or other | 40536 |
| developmental disability fails; | 40537 |
| (f) Programmatic and financial accountability measures and | 40538 |
| projected outcomes expected from the implementation of the plan; | 40539 |
| (g) Any other applicable information or conditions that the | 40540 |
| department requires as a condition of approving the component | 40541 |
| under section 5123.046 of the Revised Code. | 40542 |
| (B) For the purpose of obtaining the department's approval | 40543 |
| under section 5123.046 of the Revised Code of the plan the county | 40544 |
| board develops under division (A) of this section, a county board | 40545 |
| shall do all of the following: | 40546 |
| (1) Submit the components required by divisions (A)(1) and | 40547 |
| (2) of this section to the department not later than August 1, | 40548 |
| 2001; | 40549 |
| (2) Submit the component required by division (A)(3) of this | 40550 |
| section to the department not later than January 31, 2002; | 40551 |
| (3) Submit the component required by division (A)(4) of this | 40552 |
| section to the department not later than July 1, 2002. | 40553 |
| (C) A county board whose plan developed under division (A) of | 40554 |
| this section is approved by the department under section 5123.046 | 40555 |
| of the Revised Code shall update and renew the plan in accordance | 40556 |
| with a schedule the department shall develop. | 40557 |
| Sec. 5126.055. (A) Except as provided in section 5126.056 | 40558 |
| of the Revised Code, a county board of mental retardation and | 40559 |
| developmental disabilities has medicaid local administrative | 40560 |
| authority to, and shall, do all of the following for an individual | 40561 |
| with mental retardation or other developmental disability who | 40562 |
| resides in the county that the county board serves and seeks or | 40563 |
| receives home and community-based services: | 40564 |
| (1) Perform assessments and evaluations of the individual. As | 40565 |
| part of the assessment and evaluation process, the county board | 40566 |
| shall do all of the following: | 40567 |
| (a) Make a recommendation to the department of mental | 40568 |
| retardation and developmental disabilities on whether the | 40569 |
| department should approve or deny the individual's application for | 40570 |
| the services, including on the basis of whether the individual | 40571 |
| needs the level of care an intermediate care facility for the | 40572 |
| mentally retarded provides; | 40573 |
| (b) If the individual's application is denied because of the | 40574 |
| county board's recommendation and the individual requests a | 40575 |
| hearing under section 5101.35 of the Revised Code, present, with | 40576 |
| the department of mental retardation and developmental | 40577 |
| disabilities or department of job and family services, whichever | 40578 |
| denies the application, the reasons for the recommendation and | 40579 |
| denial at the hearing; | 40580 |
| (c) If the individual's application is approved, recommend to | 40581 |
| the departments of mental retardation and developmental | 40582 |
| disabilities and job and family services the services that should | 40583 |
| be included in the individual's individualized service plan and, | 40584 |
| if either department approves, reduces, denies, or terminates a | 40585 |
| service included in the individual's individualized service plan | 40586 |
| under section 5111.871 of the Revised Code because of the county | 40587 |
| board's recommendation, present, with the department that made the | 40588 |
| approval, reduction, denial, or termination, the reasons for the | 40589 |
| recommendation and approval, reduction, denial, or termination at | 40590 |
| a hearing under section 5101.35 of the Revised Code. | 40591 |
| (2) If the individual has been identified by the department | 40592 |
| of mental retardation and developmental disabilities as an | 40593 |
| individual to receive priority for home and community-based | 40594 |
| services pursuant to division (D)(3) of section 5126.042 of the | 40595 |
| Revised Code, assist the department in expediting the transfer of | 40596 |
| the individual from an intermediate care facility for the mentally | 40597 |
| retarded or nursing facility to the home and community-based | 40598 |
| services; | 40599 |
| (3) In accordance with the rules adopted under section | 40600 |
| 5126.046 of the Revised Code, perform the county board's duties | 40601 |
| under that section regarding assisting the individual's right to | 40602 |
| choose a qualified and willing provider of the services and, at a | 40603 |
| hearing under section 5101.35 of the Revised Code, present | 40604 |
| evidence of the process for appropriate assistance in choosing | 40605 |
| providers; | 40606 |
| (4) | 40607 |
| 40608 | |
| 40609 | |
| 40610 | |
| 40611 | |
| 40612 | |
| 40613 | |
| 40614 | |
| 40615 | |
| 40616 |
| | 40617 |
| 5123.161 of the Revised Code to provide the services and agrees to | 40618 |
| provide the services to the individual and the individual chooses | 40619 |
| the county board to provide the services, furnish, in accordance | 40620 |
| with the county board's medicaid provider agreement and for the | 40621 |
| authorized reimbursement rate, the services the individual | 40622 |
| requires; | 40623 |
| | 40624 |
| ensure the individual's health, safety, and welfare. The | 40625 |
| monitoring shall include quality assurance activities. If the | 40626 |
| county board provides the services, the department of mental | 40627 |
| retardation and developmental disabilities shall also monitor the | 40628 |
| services. | 40629 |
| | 40630 |
| individual's services, an effective individualized service plan | 40631 |
| that includes coordination of services, recommend that the | 40632 |
| departments of mental retardation and developmental disabilities | 40633 |
| and job and family services approve the plan, and implement the | 40634 |
| plan unless either department disapproves it; | 40635 |
| | 40636 |
| under section 5126.313 of the Revised Code that concern the | 40637 |
| individual; | 40638 |
| | 40639 |
| duties under division (B)(9) of section 5126.15 of the Revised | 40640 |
| Code that concern the individual. | 40641 |
| (B) A county board shall perform its medicaid local | 40642 |
| administrative authority under this section in accordance with all | 40643 |
| of the following: | 40644 |
| (1) The county board's plan that the department of mental | 40645 |
| retardation and developmental disabilities approves under section | 40646 |
| 5123.046 of the Revised Code; | 40647 |
| (2) All applicable federal and state laws; | 40648 |
| (3) All applicable policies of the departments of mental | 40649 |
| retardation and developmental disabilities and job and family | 40650 |
| services and the United States department of health and human | 40651 |
| services; | 40652 |
| (4) The department of job and family services' supervision | 40653 |
| under its authority under section 5111.01 of the Revised Code to | 40654 |
| act as the single state medicaid agency; | 40655 |
| (5) The department of mental retardation and developmental | 40656 |
| disabilities' oversight. | 40657 |
| (C) The departments of mental retardation and developmental | 40658 |
| disabilities and job and family services shall communicate with | 40659 |
| and provide training to county boards regarding medicaid local | 40660 |
| administrative authority granted by this section. The | 40661 |
| communication and training shall include issues regarding audit | 40662 |
| protocols and other standards established by the United States | 40663 |
| department of health and human services that the departments | 40664 |
| determine appropriate for communication and training. County | 40665 |
| boards shall participate in the training. The departments shall | 40666 |
| assess the county board's compliance against uniform standards | 40667 |
| that the departments shall establish. | 40668 |
| (D) A county board may not delegate its medicaid local | 40669 |
| administrative authority granted under this section but may | 40670 |
| contract with a person or government entity, including a council | 40671 |
| of governments, for assistance with its medicaid local | 40672 |
| administrative authority. A county board that enters into such a | 40673 |
| contract shall notify the director of mental retardation and | 40674 |
| developmental disabilities. The notice shall include the tasks and | 40675 |
| responsibilities that the contract gives to the person or | 40676 |
| government entity. The person or government entity shall comply in | 40677 |
| full with all requirements to which the county board is subject | 40678 |
| regarding the person or government entity's tasks and | 40679 |
| responsibilities under the contract. The county board remains | 40680 |
| ultimately responsible for the tasks and responsibilities. | 40681 |
| (E) A county board that has medicaid local administrative | 40682 |
| authority under this section shall, through the departments of | 40683 |
| mental retardation and developmental disabilities and job and | 40684 |
| family services, reply to, and cooperate in arranging compliance | 40685 |
| with, a program or fiscal audit or program violation exception | 40686 |
| that a state or federal audit or review discovers. The department | 40687 |
| of job and family services shall timely notify the department of | 40688 |
| mental retardation and developmental disabilities and the county | 40689 |
| board of any adverse findings. After receiving the notice, the | 40690 |
| county board, in conjunction with the department of mental | 40691 |
| retardation and developmental disabilities, shall cooperate fully | 40692 |
| with the department of job and family services and timely prepare | 40693 |
| and send to the department a written plan of correction or | 40694 |
| response to the adverse findings. The county board is liable for | 40695 |
| any adverse findings that result from an action it takes or fails | 40696 |
| to take in its implementation of medicaid local administrative | 40697 |
| authority. | 40698 |
| (F) If the department of mental retardation and developmental | 40699 |
| disabilities or department of job and family services determines | 40700 |
| that a county board's implementation of its medicaid local | 40701 |
| administrative authority under this section is deficient, the | 40702 |
| department that makes the determination shall require that county | 40703 |
| board do the following: | 40704 |
| (1) If the deficiency affects the health, safety, or welfare | 40705 |
| of an individual with mental retardation or other developmental | 40706 |
| disability, correct the deficiency within twenty-four hours; | 40707 |
| (2) If the deficiency does not affect the health, safety, or | 40708 |
| welfare of an individual with mental retardation or other | 40709 |
| developmental disability, receive technical assistance from the | 40710 |
| department or submit a plan of correction to the department that | 40711 |
| is acceptable to the department within sixty days and correct the | 40712 |
| deficiency within the time required by the plan of correction. | 40713 |
| Sec. 5126.056. (A) The department of mental retardation and | 40714 |
| developmental disabilities shall take action under division (B) of | 40715 |
| this section against a county board of mental retardation and | 40716 |
| developmental disabilities if any of the following are the case: | 40717 |
| (1) The county board fails to submit to the department all | 40718 |
| the components of its three-year plan required by section 5126.054 | 40719 |
| of the Revised Code within the time required by division (B) of | 40720 |
| that section. | 40721 |
| (2) The department disapproves the county board's three-year | 40722 |
| plan under section 5123.046 of the Revised Code. | 40723 |
| (3) The county board fails, as required by division (C) of | 40724 |
| section 5126.054 of the Revised Code, to update and renew its | 40725 |
| three-year plan in accordance with a schedule the department | 40726 |
| develops under that section. | 40727 |
| (4) The county board fails to implement its initial or | 40728 |
| renewed three-year plan approved by the department. | 40729 |
| (5) The county board fails to correct a deficiency within the | 40730 |
| time required by division (F) of section 5126.055 of the Revised | 40731 |
| Code to the satisfaction of the department. | 40732 |
| (6) The county board fails to submit an acceptable plan of | 40733 |
| correction to the department within the time required by division | 40734 |
| (F)(2) of section 5126.055 of the Revised Code. | 40735 |
| (B) If required by division (A) of this section to take | 40736 |
| action against a county board, the department shall issue an order | 40737 |
| terminating the county board's medicaid local administrative | 40738 |
| authority over all or part of home and community-based services, | 40739 |
| medicaid case management services, or all or part of both of those | 40740 |
| services. The department shall provide a copy of the order to the | 40741 |
| board of county commissioners, senior probate judge, county | 40742 |
| auditor, and president and superintendent of the county board. The | 40743 |
| department shall specify in the order the medicaid local | 40744 |
| administrative authority that the department is terminating, the | 40745 |
| reason for the termination, and the county board's option and | 40746 |
| responsibilities under this division. | 40747 |
| A county board whose medicaid local administrative authority | 40748 |
| is terminated may, not later than thirty days after the department | 40749 |
| issues the termination order, recommend to the department that | 40750 |
| another county board that has not had any of its medicaid local | 40751 |
| administrative authority terminated or another entity the | 40752 |
| department approves administer the services for which the county | 40753 |
| board's medicaid local administrative authority is terminated. The | 40754 |
| department may contract with the other county board or entity to | 40755 |
| administer the services. If the department enters into such a | 40756 |
| contract, the county board shall adopt a resolution giving the | 40757 |
| other county board or entity full medicaid local administrative | 40758 |
| authority over the services that the other county board or entity | 40759 |
| is to administer. The other county board or entity shall be known | 40760 |
| as the contracting authority. | 40761 |
| If the department rejects the county board's recommendation | 40762 |
| regarding a contracting authority, the county board may appeal the | 40763 |
| rejection under section 5123.043 of the Revised Code. | 40764 |
| If the county board does not submit a recommendation to the | 40765 |
| department regarding a contracting authority within the required | 40766 |
| time or the department rejects the county board's recommendation | 40767 |
| and the rejection is upheld pursuant to an appeal, if any, under | 40768 |
| section 5123.043 of the Revised Code, the department shall appoint | 40769 |
| an administrative receiver to administer the services for which | 40770 |
| the county board's medicaid local administrative authority is | 40771 |
| terminated. To the extent necessary for the department to appoint | 40772 |
| an administrative receiver, the department may utilize employees | 40773 |
| of the department, management personnel from another county board, | 40774 |
| or other individuals who are not employed by or affiliated with in | 40775 |
| any manner a person that provides home and community-based | 40776 |
| services or medicaid case management services pursuant to a | 40777 |
| contract with any county board. The administrative receiver shall | 40778 |
| assume full administrative responsibility for the county board's | 40779 |
| services for which the county board's medicaid local | 40780 |
| administrative authority is terminated. | 40781 |
| The contracting authority or administrative receiver shall | 40782 |
| develop and submit to the department a plan of correction to | 40783 |
| remediate the problems that caused the department to issue the | 40784 |
| termination order. If, after reviewing the plan, the department | 40785 |
| approves it, the contracting authority or administrative receiver | 40786 |
| shall implement the plan. | 40787 |
| The county board shall transfer control of state and federal | 40788 |
| funds it is otherwise eligible to receive for the services for | 40789 |
| which the county board's medicaid local administrative authority | 40790 |
| is terminated and funds the county board may use under division | 40791 |
| 40792 | |
| the nonfederal share of the services that the county board is | 40793 |
| required by
| 40794 |
| 5126.0510 of the Revised Code to pay. The county board shall | 40795 |
| transfer control of the funds to the contracting authority or | 40796 |
| administrative receiver administering the services. The amount the | 40797 |
| county board shall transfer shall be the amount necessary for the | 40798 |
| contracting authority or administrative receiver to fulfill its | 40799 |
| duties in administering the services, including its duties to pay | 40800 |
| its personnel for time worked, travel, and related matters. If the | 40801 |
| county board fails to make the transfer, the department may | 40802 |
| withhold the state and federal funds from the county board and | 40803 |
| bring a mandamus action against the county board in the court of | 40804 |
| common pleas of the county served by the county board or in the | 40805 |
| Franklin county court of common pleas. The mandamus action may not | 40806 |
| require that the county board transfer any funds other than the | 40807 |
| funds the county board is required by division (B) of this section | 40808 |
| to transfer. | 40809 |
| The contracting authority or administrative receiver has the | 40810 |
| right to authorize the payment of bills in the same manner that | 40811 |
| the county board may authorize payment of bills under this chapter | 40812 |
| and section 319.16 of the Revised Code. | 40813 |
| Sec. 5126.059. A county board of mental retardation and | 40814 |
| developmental disabilities shall pay the nonfederal share of | 40815 |
| medicaid expenditures for medicaid case management services the | 40816 |
| county board provides to an individual with mental retardation or | 40817 |
| other developmental disability who the county board determines | 40818 |
| under section 5126.041 of the Revised Code is eligible for county | 40819 |
| board services. | 40820 |
| Sec. 5126.0510. (A) Except as otherwise provided in an | 40821 |
| agreement entered into under section 5123.048 of the Revised Code | 40822 |
| and subject to divisions (B), (C), and (D) of this section, a | 40823 |
| county board of mental retardation and developmental disabilities | 40824 |
| shall pay the nonfederal share of medicaid expenditures for the | 40825 |
| following home and community-based services provided to an | 40826 |
| individual with mental retardation or other developmental | 40827 |
| disability who the county board determines under section 5126.041 | 40828 |
| of the Revised Code is eligible for county board services: | 40829 |
| (1) Home and community-based services that the county board | 40830 |
| provides to such an individual; | 40831 |
| (2) Home and community-based services provided by a provider | 40832 |
| other than the county board to such an individual who is enrolled | 40833 |
| as of June 30, 2007, in the medicaid waiver component under which | 40834 |
| the services are provided; | 40835 |
| (3) Home and community-based services provided by a provider | 40836 |
| other than the county board to such an individual who, pursuant to | 40837 |
| a request the county board makes, enrolls in the medicaid waiver | 40838 |
| component under which the services are provided after June 30, | 40839 |
| 2007; | 40840 |
| (4) Home and community-based services provided by a provider | 40841 |
| other than the county board to such an individual for whom there | 40842 |
| is in effect an agreement entered into under division (E) of this | 40843 |
| section between the county board and director of mental | 40844 |
| retardation and developmental disabilities. | 40845 |
| (B) In the case of medicaid expenditures for home and | 40846 |
| community-based services for which division (A)(2) of this section | 40847 |
| requires a county board to pay the nonfederal share, the following | 40848 |
| shall apply to such services provided during fiscal year 2008 | 40849 |
| under the individual options medicaid waiver component: | 40850 |
| (1) The county board shall pay no less than the total amount | 40851 |
| the county board paid as the nonfederal share for home and | 40852 |
| community-based services provided in fiscal year 2007 under the | 40853 |
| individual options medicaid waiver component; | 40854 |
| (2) The county board shall pay no more than the sum of the | 40855 |
| following: | 40856 |
| (a) The total amount the county board paid as the nonfederal | 40857 |
| share for home and community-based services provided in fiscal | 40858 |
| year 2007 under the individual options medicaid waiver component; | 40859 |
| (b) An amount equal to one per cent of the total amount the | 40860 |
| department of mental retardation and developmental disabilities | 40861 |
| and county board paid as the nonfederal share for home and | 40862 |
| community-based services provided in fiscal year 2007 under the | 40863 |
| individual options medicaid waiver component to individuals the | 40864 |
| county department determined under section 5126.041 of the Revised | 40865 |
| Code are eligible for county board services. | 40866 |
| (C) A county board is not required to pay the nonfederal | 40867 |
| share of home and community-based services provided after June 30, | 40868 |
| 2008, that the county board is otherwise required by division | 40869 |
| (A)(2) of this section to pay if the department of mental | 40870 |
| retardation and developmental disabilities fails to comply with | 40871 |
| division (A) of section 5123.0416 of the Revised Code. | 40872 |
| (D) A county board is not required to pay the nonfederal | 40873 |
| share of home and community-based services that the county board | 40874 |
| is otherwise required by division (A)(3) of this section to pay if | 40875 |
| both of the following apply: | 40876 |
| (1) The services are provided to an individual who enrolls in | 40877 |
| the medicaid waiver component under which the services are | 40878 |
| provided as the result of an order issued following a state | 40879 |
| hearing, administrative appeal, or appeal to a court of common | 40880 |
| pleas made under section 5101.35 of the Revised Code; | 40881 |
| (2) There are more individuals who are eligible for services | 40882 |
| from the county board enrolled in the medicaid waiver component | 40883 |
| than is required by section 5126.0512 of the Revised Code. | 40884 |
| (E) A county board may enter into an agreement with the | 40885 |
| director of mental retardation and developmental disabilities | 40886 |
| under which the county board agrees to pay the nonfederal share of | 40887 |
| medicaid expenditures for one or more home and community-based | 40888 |
| services that the county board is not otherwise required by | 40889 |
| division (A)(1), (2), or (3) of this section to pay and that are | 40890 |
| provided to an individual the county board determines under | 40891 |
| section 5126.041 of the Revised Code is eligible for county board | 40892 |
| services. The agreement shall specify which home and | 40893 |
| community-based services the agreement covers. The county board | 40894 |
| shall pay the nonfederal share of medicaid expenditures for the | 40895 |
| home and community-based services that the agreement covers as | 40896 |
| long as the agreement is in effect. | 40897 |
| | 40898 |
| 40899 | |
| 40900 | |
| 40901 | |
| 40902 | |
| 40903 | |
| 40904 | |
| 40905 | |
| 40906 | |
| 40907 | |
| 40908 |
| | 40909 |
| 40910 | |
| 40911 | |
| 40912 | |
| 40913 | |
| 40914 |
| | 40915 |
| disabilities may use the following funds to pay the nonfederal | 40916 |
| share of the | 40917 |
| is required
by | 40918 |
| 40919 |
| (1) To the extent consistent with the levy that generated the | 40920 |
| taxes, the following taxes: | 40921 |
| (a) Taxes levied pursuant to division (L) of section 5705.19 | 40922 |
| of the Revised Code and section 5705.222 of the Revised Code; | 40923 |
| (b) Taxes levied under section 5705.191 of the Revised Code | 40924 |
| that the board of county commissioners allocates to the county | 40925 |
|
board | 40926 |
| (2) Funds that the department of mental retardation and | 40927 |
| developmental disabilities distributes to the county board under | 40928 |
| 40929 | |
| of the Revised Code; | 40930 |
| (3) Earned federal revenue funds the county board receives | 40931 |
| for medicaid services the county board provides pursuant to the | 40932 |
| county board's valid medicaid provider agreement; | 40933 |
| (4) Funds that the department of mental retardation and | 40934 |
| developmental disabilities distributes to the county board as | 40935 |
| subsidy payments; | 40936 |
| (5) In the case of medicaid expenditures for home and | 40937 |
| community-based services, funds allocated to or otherwise made | 40938 |
| available for the county board under section 5123.0416 of the | 40939 |
| Revised Code to pay the nonfederal share of such medicaid | 40940 |
| expenditures. | 40941 |
| | 40942 |
| 40943 | |
| 40944 | |
| 40945 | |
| 40946 | |
| 40947 | |
| 40948 | |
| 40949 | |
| 40950 | |
| 40951 | |
| 40952 |
| | 40953 |
| 40954 | |
| 40955 | |
| 40956 | |
| 40957 | |
| 40958 | |
| 40959 | |
| 40960 | |
| 40961 | |
| 40962 |
| | 40963 |
| 40964 | |
| 40965 | |
| 40966 | |
| 40967 | |
| 40968 | |
| 40969 | |
| 40970 | |
| 40971 | |
| 40972 |
| | 40973 |
| specifying the amount of funds it will use in the next year to pay | 40974 |
|
the nonfederal share of the | 40975 |
| the county board is
required by | 40976 |
| sections 5126.059 and 5126.0510 of the Revised Code to pay. The | 40977 |
| amount specified shall be adequate to assure that the services for | 40978 |
| which the medicaid expenditures are made will be available in the | 40979 |
| county in a manner that conforms to all applicable state and | 40980 |
| federal laws. A county board shall state in its resolution that | 40981 |
| the payment of the nonfederal share represents an ongoing | 40982 |
| financial commitment of the county board. A county board shall | 40983 |
| adopt the resolution in time for the county auditor to make the | 40984 |
| determination required by division | 40985 |
| | 40986 |
| the amount of funds a county board specifies in the resolution it | 40987 |
|
adopts under division | 40988 |
| the following year for the county board to pay the nonfederal | 40989 |
| share of
the | 40990 |
| is required by | 40991 |
| 5126.0510 of the Revised Code to pay. The county auditor shall | 40992 |
| make the determination not later than the last day of the year | 40993 |
| before the year in which the funds are to be used. | 40994 |
| Sec. 5126.0512. (A) As used in this section, "medicaid | 40995 |
| waiver component" means a medicaid waiver component as defined in | 40996 |
| section 5111.85 of the Revised Code under which home and | 40997 |
| community-based services are provided. | 40998 |
| (B) Effective July 1, 2007, each county board of mental | 40999 |
| retardation and developmental disabilities shall ensure, for each | 41000 |
| medicaid waiver component, that the number of individuals eligible | 41001 |
| under section 5126.041 of the Revised Code for services from the | 41002 |
| county board who are enrolled in a medicaid waiver component is no | 41003 |
| less than the sum of the following: | 41004 |
| (1) The number of individuals eligible for services from the | 41005 |
| county board who are enrolled in the medicaid waiver component on | 41006 |
| June 30, 2007; | 41007 |
| (2) The number of medicaid waiver component slots that the | 41008 |
| county board requested before July 1, 2007, were assigned to the | 41009 |
| county board before that date, but in which no individual was | 41010 |
| enrolled before that date. | 41011 |
| (C) An individual enrolled in a medicaid waiver component | 41012 |
| after March 1, 2007, due to an emergency reserve capacity waiver | 41013 |
| assignment shall not be counted in determining the number of | 41014 |
| individuals a county board must ensure under division (B) of this | 41015 |
| section are enrolled in a medicaid waiver component. | 41016 |
| (D) An individual who is enrolled in a medicaid waiver | 41017 |
| component to comply with the terms of the consent order filed | 41018 |
| March 5, 2007, in Martin v. Strickland, Case No. 89-CV-00362, in | 41019 |
| the United States district court for the southern district of | 41020 |
| Ohio, eastern division, shall be excluded in determining whether a | 41021 |
| county board has complied with division (B) of this section. | 41022 |
| (E) A county board shall make as many requests for | 41023 |
| individuals to be enrolled in a medicaid waiver component as | 41024 |
| necessary for the county board to comply with division (B) of this | 41025 |
| section. | 41026 |
| Sec. 5126.06. (A) Except as provided in division (B) of this | 41027 |
| section
| 41028 |
| has a complaint involving any of the programs, services, policies, | 41029 |
| or administrative practices of a county board of mental | 41030 |
| retardation and developmental disabilities or any of the entities | 41031 |
| under contract with the county board, may file a complaint with | 41032 |
| the board. Prior to commencing a civil action regarding the | 41033 |
| complaint, a person shall attempt to have the complaint resolved | 41034 |
| through the administrative resolution process established in the | 41035 |
| rules adopted under section 5123.043 of the Revised Code. After | 41036 |
| exhausting the administrative resolution process, the person may | 41037 |
| commence a civil action if the complaint is not settled to the | 41038 |
| person's satisfaction. | 41039 |
| (B) An employee of a county board may not file under this | 41040 |
| section a complaint related to the terms and conditions of | 41041 |
| employment of the employee. | 41042 |
| Sec. 5126.11. (A) As used in this section, "respite care" | 41043 |
| means appropriate, short-term, temporary care that is provided to | 41044 |
| a mentally retarded or developmentally disabled person to sustain | 41045 |
| the family structure or to meet planned or emergency needs of the | 41046 |
| family. | 41047 |
| (B) Subject to rules adopted by the director of mental | 41048 |
| retardation and developmental disabilities, and subject to the | 41049 |
| availability of money from state and federal sources, the county | 41050 |
| board of mental retardation and developmental disabilities shall | 41051 |
| establish a family support services program. Under such a program, | 41052 |
| the board shall make payments to an individual with mental | 41053 |
| retardation or other developmental disability or the family of an | 41054 |
| individual with mental retardation or other developmental | 41055 |
| disability who desires to remain in and be supported in the family | 41056 |
| home. Payments shall be made for all or part of costs incurred or | 41057 |
| estimated to be incurred for services that would promote | 41058 |
| self-sufficiency and normalization, prevent or reduce | 41059 |
| inappropriate institutional care, and further the unity of the | 41060 |
| family by enabling the family to meet the special needs of the | 41061 |
| individual and to live as much like other families as possible. | 41062 |
| Payments may be made in the form of reimbursement for expenditures | 41063 |
| or in the form of vouchers to be used to purchase services. | 41064 |
| (C) Payment shall not be made under this section to an | 41065 |
| individual or the individual's family if the individual is living | 41066 |
| in a residential facility that is providing residential services | 41067 |
| under contract with the department of mental retardation and | 41068 |
| developmental disabilities or a county board. | 41069 |
| (D) Payments may be made for the following services: | 41070 |
| (1) Respite care, in or out of the home; | 41071 |
| (2) Counseling, supervision, training, and education of the | 41072 |
| individual, the individual's caregivers, and members of the | 41073 |
| individual's family that aid the family in providing proper care | 41074 |
| for the individual, provide for the special needs of the family, | 41075 |
| and assist in all aspects of the individual's daily living; | 41076 |
| (3) Special diets, purchase or lease of special equipment, or | 41077 |
| modifications of the home, if such diets, equipment, or | 41078 |
| modifications are necessary to improve or facilitate the care and | 41079 |
| living environment of the individual; | 41080 |
| (4) Providing support necessary for the individual's | 41081 |
| continued skill development, including such services as | 41082 |
| development of interventions to cope with unique problems that may | 41083 |
| occur within the complexity of the family, enrollment of the | 41084 |
| individual in special summer programs, provision of appropriate | 41085 |
| leisure activities, and other social skills development | 41086 |
| activities; | 41087 |
| (5) Any other services that are consistent with the purposes | 41088 |
| specified in division (B) of this section and specified in the | 41089 |
| individual's service plan. | 41090 |
| (E) In order to be eligible for payments under a family | 41091 |
| support services program, the individual or the individual's | 41092 |
| family must reside in the county served by the county board, and | 41093 |
| the individual must be in need of habilitation. Payments shall be | 41094 |
| adjusted for income in accordance with the payment schedule | 41095 |
| established in rules adopted under this section. Payments shall be | 41096 |
| made only after the county board has taken into account all other | 41097 |
| available assistance for which the individual or family is | 41098 |
| eligible. | 41099 |
| (F) Before incurring expenses for a service for which payment | 41100 |
| will be sought under a family support services program, the | 41101 |
| individual or family shall apply to the county board for a | 41102 |
| determination of eligibility and approval of the service. The | 41103 |
| service need not be provided in the county served by the county | 41104 |
| board. After being determined eligible and receiving approval for | 41105 |
| the service, the individual or family may incur expenses for the | 41106 |
| service or use the vouchers received from the county board for the | 41107 |
| purchase of the service. | 41108 |
| If the county board refuses to approve a service, an appeal | 41109 |
| may be made in accordance with rules adopted by the department | 41110 |
| under this section. | 41111 |
| (G) To be reimbursed for expenses incurred for approved | 41112 |
| services, the individual or family shall submit to the county | 41113 |
| board a statement of the expenses incurred accompanied by any | 41114 |
| evidence required by the board. To redeem vouchers used to | 41115 |
| purchase approved services, the entity that provided the service | 41116 |
| shall submit to the county board evidence that the service was | 41117 |
| provided and a statement of the charges. The county board shall | 41118 |
| make reimbursements and redeem vouchers no later than forty-five | 41119 |
| days after it receives the statements and evidence required by | 41120 |
| this division. | 41121 |
| (H) A county board shall consider the following objectives in | 41122 |
| carrying out a family support services program: | 41123 |
| (1) Enabling individuals to return to their families from an | 41124 |
| institution under the jurisdiction of the department of mental | 41125 |
| retardation and developmental disabilities; | 41126 |
| (2) Enabling individuals found to be subject to | 41127 |
| institutionalization by court order under section 5123.76 of the | 41128 |
| Revised Code to remain with their families with the aid of | 41129 |
| payments provided under this section; | 41130 |
| (3) Providing services to eligible children and adults | 41131 |
| currently residing in the community; | 41132 |
| (4) Providing services to individuals with developmental | 41133 |
| disabilities who are not receiving other services from the board. | 41134 |
| (I) The director shall adopt, and may amend and rescind, | 41135 |
| rules for the implementation of family support services programs | 41136 |
| by county boards. Such rules shall include the following: | 41137 |
| (1) A payment schedule adjusted for income; | 41138 |
| (2) | 41139 |
| 41140 |
| | 41141 |
| in the provision of respite care services; | 41142 |
| | 41143 |
| temporary emergency respite care; | 41144 |
| | 41145 |
|
division (F) of this section | 41146 |
| | 41147 |
| 41148 |
| Rules adopted under | 41149 |
| section shall be adopted in accordance with section 111.15 of the | 41150 |
|
Revised
Code. Rules adopted under divisions (I) | 41151 |
| this section shall be adopted in accordance with Chapter 119. of | 41152 |
| the Revised Code. | 41153 |
| (J) All individuals certified by the superintendent of the | 41154 |
| county board as eligible for temporary emergency respite care in | 41155 |
| accordance with rules adopted under this section shall be | 41156 |
| considered eligible for temporary emergency respite care for not | 41157 |
| more than five days to permit the determination of eligibility for | 41158 |
| family support services. The requirements of divisions (E) and (F) | 41159 |
| of this section do not apply to temporary emergency respite care. | 41160 |
| (K) | 41161 |
| 41162 | |
| 41163 | |
| 41164 | |
| 41165 | |
| 41166 | |
| 41167 | |
| 41168 | |
| 41169 | |
| 41170 | |
| 41171 |
| | 41172 |
| for family support services at a level that exceeds available | 41173 |
| state and federal funds for such payments. | 41174 |
| Sec. 5126.12. (A) As used in this section: | 41175 |
| (1) "Approved school age class" means a class operated by a | 41176 |
| county board of mental retardation and developmental disabilities | 41177 |
| and funded by the department of education under section 3317.20 of | 41178 |
| the Revised Code. | 41179 |
| (2) "Approved preschool unit" means a class or unit operated | 41180 |
| by a county board of mental retardation and developmental | 41181 |
| disabilities and approved under division (B) of section 3317.05 of | 41182 |
| the Revised Code. | 41183 |
| (3) "Active treatment" means a continuous treatment program, | 41184 |
| which includes aggressive, consistent implementation of a program | 41185 |
| of specialized and generic training, treatment, health services, | 41186 |
| and related services, that is directed toward the acquisition of | 41187 |
| behaviors necessary for an individual with mental retardation or | 41188 |
| other developmental disability to function with as much | 41189 |
| self-determination and independence as possible and toward the | 41190 |
| prevention of deceleration, regression, or loss of current optimal | 41191 |
| functional status. | 41192 |
| (4) "Eligible for active treatment" means that an individual | 41193 |
| with mental retardation or other developmental disability resides | 41194 |
| in an intermediate care facility for the mentally retarded | 41195 |
| certified under Title XIX of the "Social Security Act," 79 Stat. | 41196 |
| 286 (1965), 42 U.S.C. 1396, as amended; resides in a state | 41197 |
| institution operated by the department of mental retardation and | 41198 |
| developmental disabilities; or is enrolled in home and | 41199 |
| community-based services. | 41200 |
| (5) "Traditional adult services" means vocational and | 41201 |
| nonvocational activities conducted within a sheltered workshop or | 41202 |
| adult activity center or supportive home services. | 41203 |
| (B) Each county board of mental retardation and developmental | 41204 |
| disabilities shall certify to the director of mental retardation | 41205 |
| and developmental disabilities all of the following: | 41206 |
| (1) On or before the fifteenth day of October, the average | 41207 |
| daily membership for the first full week of programs and services | 41208 |
| during October receiving: | 41209 |
| (a) Early childhood services provided pursuant to section | 41210 |
| 5126.05 of the Revised Code for children who are less than three | 41211 |
| years of age on the thirtieth day of September of the academic | 41212 |
| year; | 41213 |
| (b) Special education for handicapped children in approved | 41214 |
| school age classes; | 41215 |
| (c) Adult services for persons sixteen years of age and older | 41216 |
| operated pursuant to section 5126.05 and division (B) of section | 41217 |
| 5126.051 of the Revised Code. Separate counts shall be made for | 41218 |
| the following: | 41219 |
| (i) Persons enrolled in traditional adult services who are | 41220 |
| eligible for but not enrolled in active treatment; | 41221 |
| (ii) Persons enrolled in traditional adult services who are | 41222 |
| eligible for and enrolled in active treatment; | 41223 |
| (iii) Persons enrolled in traditional adult services but who | 41224 |
| are not eligible for active treatment; | 41225 |
| (iv) Persons participating in community employment services. | 41226 |
| To be counted as participating in community employment services, a | 41227 |
| person must have spent an average of no less than ten hours per | 41228 |
| week in that employment during the preceding six months. | 41229 |
| (d) Other programs in the county for individuals with mental | 41230 |
| retardation and developmental disabilities that have been approved | 41231 |
| for payment of subsidy by the department of mental retardation and | 41232 |
| developmental disabilities. | 41233 |
| The membership in each such program and service in the county | 41234 |
| shall be reported on forms prescribed by the department of mental | 41235 |
| retardation and developmental disabilities. | 41236 |
| The department of mental retardation and developmental | 41237 |
| disabilities shall adopt rules defining full-time equivalent | 41238 |
| enrollees and for determining the average daily membership | 41239 |
| therefrom, except that certification of average daily membership | 41240 |
| in approved school age classes shall be in accordance with rules | 41241 |
| adopted by the state board of education. The average daily | 41242 |
| membership figure shall be determined by dividing the amount | 41243 |
| representing the sum of the number of enrollees in each program or | 41244 |
| service in the week for which the certification is made by the | 41245 |
| number of days the program or service was offered in that week. No | 41246 |
| enrollee may be counted in average daily membership for more than | 41247 |
| one program or service. | 41248 |
| (2) By the fifteenth day of December, the number of children | 41249 |
| enrolled in approved preschool units on the first day of December; | 41250 |
| (3) On or before the thirtieth day
of | 41251 |
| itemized report of all income and operating expenditures for the | 41252 |
| immediately preceding calendar year, in the format specified by | 41253 |
| the department of mental retardation and developmental | 41254 |
| disabilities; | 41255 |
| (4) | 41256 |
| 41257 | |
| 41258 | |
| 41259 | |
| 41260 |
| | 41261 |
| accordance with rules established by the department of mental | 41262 |
| retardation and developmental disabilities and the state board of | 41263 |
| education for the operation and subsidization of the programs and | 41264 |
| services. | 41265 |
| | 41266 |
| 41267 | |
| 41268 | |
| 41269 | |
| 41270 | |
| 41271 |
| | 41272 |
| 41273 | |
| 41274 | |
| 41275 | |
| 41276 | |
| 41277 | |
| 41278 | |
| 41279 |
| | 41280 |
| 41281 | |
| 41282 |
| | 41283 |
| 41284 | |
| 41285 |
| | 41286 |
| 41287 | |
| 41288 | |
| 41289 |
| | 41290 |
| 41291 | |
| 41292 |
| | 41293 |
| 41294 | |
| 41295 | |
| 41296 | |
| 41297 |
| | 41298 |
| 41299 | |
| 41300 | |
| 41301 | |
| 41302 | |
| 41303 | |
| 41304 | |
| 41305 | |
| 41306 |
| | 41307 |
| 41308 | |
| 41309 | |
| 41310 | |
| 41311 | |
| 41312 | |
| 41313 | |
| 41314 | |
| 41315 | |
| 41316 | |
| 41317 |
| Sec. 5126.15. (A) A county board of mental retardation and | 41319 |
| developmental disabilities shall provide service and support | 41320 |
| administration to each individual three years of age or older who | 41321 |
| is eligible for service and support administration if the | 41322 |
| individual requests, or a person on the individual's behalf | 41323 |
| requests, service and support administration. A board shall | 41324 |
| provide service and support administration to each individual | 41325 |
| receiving home and community-based services. A board may provide, | 41326 |
| in accordance with the service coordination requirements of 34 | 41327 |
| C.F.R. 303.23, service and support administration to an individual | 41328 |
| under three years of age eligible for early intervention services | 41329 |
| under 34 C.F.R. part 303. A board may provide service and support | 41330 |
| administration to an individual who is not eligible for other | 41331 |
| services of the board. Service and support administration shall be | 41332 |
| provided in accordance with rules adopted under section 5126.08 of | 41333 |
| the Revised Code. | 41334 |
| A board may provide service and support administration by | 41335 |
| directly employing service and support administrators or by | 41336 |
| contracting with entities for the performance of service and | 41337 |
| support administration. Individuals employed or under contract as | 41338 |
| service and support administrators shall not be in the same | 41339 |
| collective bargaining unit as employees who perform duties that | 41340 |
| are not administrative. | 41341 |
| Individuals employed by a board as service and support | 41342 |
| administrators shall not be assigned responsibilities for | 41343 |
| implementing other services for individuals and shall not be | 41344 |
| employed by or serve in a decision-making or policy-making | 41345 |
| capacity for any other entity that provides programs or services | 41346 |
| to individuals with mental retardation or developmental | 41347 |
| disabilities. An individual employed as a conditional status | 41348 |
| service and support administrator shall perform the duties of | 41349 |
| service and support administration only under the supervision of a | 41350 |
| management employee who is a service and support administration | 41351 |
| supervisor. | 41352 |
| (B) The individuals employed by or under contract with a | 41353 |
| board to provide service and support administration shall do all | 41354 |
| of the following: | 41355 |
| (1) Establish an individual's eligibility for the services of | 41356 |
| the county board of mental retardation and developmental | 41357 |
| disabilities; | 41358 |
| (2) Assess individual needs for services; | 41359 |
| (3) Develop individual service plans with the active | 41360 |
| participation of the individual to be served, other persons | 41361 |
| selected by the individual, and, when applicable, the provider | 41362 |
| selected by the individual, and recommend the plans for approval | 41363 |
| by the department of mental retardation and developmental | 41364 |
| disabilities when services included in the plans are funded | 41365 |
| through medicaid; | 41366 |
| (4) Establish budgets for services based on the individual's | 41367 |
| assessed needs and preferred ways of meeting those needs; | 41368 |
| (5) Assist individuals in making selections from among the | 41369 |
| providers they have chosen; | 41370 |
| (6) Ensure that services are effectively coordinated and | 41371 |
| provided by appropriate providers; | 41372 |
| (7) Establish and implement an ongoing system of monitoring | 41373 |
| the implementation of individual service plans to achieve | 41374 |
| consistent implementation and the desired outcomes for the | 41375 |
| individual; | 41376 |
| (8) Perform quality assurance reviews as a distinct function | 41377 |
| of service and support administration; | 41378 |
| (9) Incorporate the results of quality assurance reviews and | 41379 |
| identified trends and patterns of unusual incidents and major | 41380 |
| unusual incidents into amendments of an individual's service plan | 41381 |
| for the purpose of improving and enhancing the quality and | 41382 |
| appropriateness of services rendered to the individual; | 41383 |
| (10) Ensure that each individual receiving services has a | 41384 |
| designated person who is responsible on a continuing basis for | 41385 |
| providing the individual with representation, advocacy, advice, | 41386 |
| and assistance related to the day-to-day coordination of services | 41387 |
| in accordance with the individual's service plan. The service and | 41388 |
| support administrator shall give the individual receiving services | 41389 |
| an opportunity to designate the person to provide daily | 41390 |
| representation. If the individual declines to make a designation, | 41391 |
| the administrator shall make the designation. In either case, the | 41392 |
| individual receiving services may change at any time the person | 41393 |
| designated to provide daily representation. | 41394 |
| | 41395 |
| 41396 | |
| 41397 | |
| 41398 | |
| 41399 | |
| 41400 | |
| 41401 | |
| 41402 | |
| 41403 | |
| 41404 | |
| 41405 |
| Sec. 5126.18. (A) As used in this section: | 41407 |
| (1) "County board" means a county board of mental retardation | 41408 |
| and developmental disabilities. | 41409 |
| (2) Notwithstanding section 5126.01 of the Revised Code, | 41410 |
| "adult services" means the following services, as they are | 41411 |
| identified on individual information forms submitted by county | 41412 |
| boards to the department of mental retardation and developmental | 41413 |
|
disabilities | 41414 |
| 41415 | |
| individual with mental retardation or other developmental | 41416 |
| disability who is at least twenty-two years of age: | 41417 |
| (a) Assessment; | 41418 |
| (b) Home service; | 41419 |
| (c) Adult program; | 41420 |
| (d) Community employment services; | 41421 |
| (e) Retirement. | 41422 |
| (3) "Adult services enrollment" means a county board's | 41423 |
| average daily membership in adult services, exclusive of such | 41424 |
| services provided to individuals served solely through service and | 41425 |
| support administration provided pursuant to section 5126.15 of the | 41426 |
| Revised Code or family support services provided pursuant to | 41427 |
| section 5126.11 of the Revised Code. | 41428 |
| (4) "Taxable value" means the taxable value of a county board | 41429 |
| certified under division (B)(1) of this section. | 41430 |
| (5) "Per-mill yield" of a county board means the quotient | 41431 |
| obtained by dividing (a) the taxable value of the county board by | 41432 |
| (b) one thousand. | 41433 |
| (6) "Local adult services cost" means a county board's | 41434 |
| expenditures for adult services, excluding all federal and state | 41435 |
| reimbursements and subsidy allocations received by such boards and | 41436 |
| expended for such services, as certified under section 5126.12 of | 41437 |
| the Revised Code. | 41438 |
| (7) "Statewide average millage" means one thousand multiplied | 41439 |
| by the quotient obtained by dividing (a) the total of the local | 41440 |
| adult services costs of all county boards by (b) the total of the | 41441 |
| taxable values of all county boards. | 41442 |
| (8) "County yield" of a county board means the product | 41443 |
| obtained by multiplying (a) the statewide average millage by (b) | 41444 |
| the per-mill yield of the county board. | 41445 |
| (9) "County yield per enrollee" of a county board means the | 41446 |
| quotient obtained by dividing (a) the county yield of the county | 41447 |
| board by (b) the adult enrollment of the county board. | 41448 |
| (10) "Statewide yield per enrollee" means the quotient | 41449 |
| obtained by dividing (a) the sum of the county yields of all | 41450 |
| county boards by (b) the sum of the adult enrollments of all | 41451 |
| county boards. | 41452 |
| (11) "Local tax effort for adult services" of a county board | 41453 |
| means one thousand multiplied by the quotient obtained by dividing | 41454 |
| (a) the local adult services cost of the county board by (b) the | 41455 |
| taxable value of the county board. | 41456 |
| (12) "Funding percentage" for a fiscal year means the | 41457 |
| percentage that the amount appropriated to the department for the | 41458 |
| purpose of making payments under this section in the fiscal year | 41459 |
| is of the amount computed under division (C)(3) of this section | 41460 |
| for the fiscal year. | 41461 |
| (13) "Funding-adjusted required millage" for a fiscal year | 41462 |
| means the statewide average millage multiplied by the funding | 41463 |
| percentage for that fiscal year. | 41464 |
| (B)(1) On the request of the director of mental retardation | 41465 |
| and developmental disabilities, the tax commissioner shall provide | 41466 |
| to the department of mental retardation and developmental | 41467 |
| disabilities information specifying the taxable value of property | 41468 |
| on each county's tax list of real and public utility property and | 41469 |
| tax list of personal property for the most recent tax year for | 41470 |
| which such information is available. The director may request any | 41471 |
| other tax information necessary for the purposes of this section. | 41472 |
| (2) On the request of the director, each county board shall | 41473 |
| report the county board's adult services enrollment and local | 41474 |
| adult services cost. | 41475 |
| (C) Each year, the department of mental retardation and | 41476 |
| developmental disabilities shall compute the following: | 41477 |
| (1) For each county board, the amount, if any, by which the | 41478 |
| statewide yield per enrollee exceeds the county yield per | 41479 |
| enrollee; | 41480 |
| (2) For each county board, the amount of any excess computed | 41481 |
| under division (C)(1) of this section multiplied by the adult | 41482 |
| services enrollment of the county board; | 41483 |
| (3) The sum of the amounts computed under division (C)(2) of | 41484 |
| this section for all county boards. | 41485 |
| (D) From money appropriated for the purpose, the department | 41486 |
| shall provide for payment to each county board of the amount | 41487 |
| computed for that county board under division (C)(2) of this | 41488 |
| section, subject to any reduction or adjustment under division | 41489 |
| (E), (F), or (G) of this section. The department shall make the | 41490 |
| payments in quarterly installments of equal amounts. The | 41491 |
| installments shall be made not later than the thirtieth day of | 41492 |
| September, thirty-first day of December, thirty-first day of | 41493 |
| March, and thirtieth day of June. | 41494 |
| (E) If a county board's local tax effort for adult services | 41495 |
| is less than the funding-adjusted required millage, the director | 41496 |
| shall reduce the amount of payment otherwise computed under | 41497 |
| division (C)(2) of this section so that the amount paid, after the | 41498 |
| reduction, is the same percentage of the amount computed under | 41499 |
| division (C)(2) of this section as the county board's local tax | 41500 |
| effort for adult services is of the funding-adjusted required | 41501 |
| millage. | 41502 |
| If the director reduces the amount of a county board's | 41503 |
| payment under this division, the department, not later than the | 41504 |
| fifteenth day of July, shall notify the county board of the | 41505 |
| reduction and the amount of the reduction. The notice shall | 41506 |
| include a statement that the county board may request to be | 41507 |
| exempted from the reduction by filing a request with the director, | 41508 |
| in the manner and form prescribed by the director, within | 41509 |
| twenty-one days after such notification is issued. The board may | 41510 |
| present evidence of its attempt to obtain passage of levies or any | 41511 |
| other extenuating circumstances the board considers relevant. If | 41512 |
| the county board requests a hearing before the director to present | 41513 |
| such evidence, the director shall conduct a hearing on the request | 41514 |
| unless the director exempts the board from the reduction on the | 41515 |
| basis of the evidence presented in the request filed by the board. | 41516 |
| Upon receiving a properly and timely filed request for exemption, | 41517 |
| but not later than the thirty-first day of August, the director | 41518 |
| shall determine whether the county board shall be exempted from | 41519 |
| all or a part of the reduction. The director may exempt the board | 41520 |
| from all or part of the reduction if the director finds that the | 41521 |
| board has made good faith efforts to obtain passage of tax levies | 41522 |
| or that there are extenuating circumstances. | 41523 |
| (F) If a payment is reduced under division (E) of this | 41524 |
| section and the director does not exempt the county board from the | 41525 |
| reduction, the amount of the reduction shall be apportioned among | 41526 |
| all county boards entitled to payments under this section for | 41527 |
| which payments were not so reduced. The amount apportioned to each | 41528 |
| county board shall be proportionate to the amount of the board's | 41529 |
| payment as computed under division (C)(2) of this section. | 41530 |
| (G) If, for any fiscal year, the amount appropriated to the | 41531 |
| department for the purpose of this section is less than the amount | 41532 |
| computed under division (C)(3) of this section for the fiscal | 41533 |
| year, the department shall adjust the amount of each payment as | 41534 |
| computed under divisions (C)(2), (E), and (F) of this section by | 41535 |
| multiplying that amount by the funding percentage. | 41536 |
| (H) The payments authorized by this section are supplemental | 41537 |
| to all other funds that may be received by a county board. A | 41538 |
| county board shall use the payments solely to pay the nonfederal | 41539 |
|
share of medicaid expenditures that | 41540 |
| 41541 | |
| 41542 |
| Sec. 5126.19. (A) The director of mental retardation and | 41543 |
| developmental disabilities may grant temporary funding from the | 41544 |
| community mental retardation and developmental disabilities trust | 41545 |
| fund based on allocations to county boards of mental retardation | 41546 |
| and developmental disabilities. The director may distribute all or | 41547 |
| part of the funding directly to a county board, the persons who | 41548 |
| provide the services for which the funding is granted, or persons | 41549 |
| with mental retardation or developmental disabilities who are to | 41550 |
| receive those services. | 41551 |
| (B) Funding granted under division (A) of this section shall | 41552 |
| be granted according to the availability of moneys in the fund and | 41553 |
| priorities established by the director. Funding may be granted for | 41554 |
| any of the following purposes: | 41555 |
| (1) Behavioral or short-term interventions for persons with | 41556 |
| mental retardation or developmental disabilities that assist them | 41557 |
| in remaining in the community by preventing institutionalization; | 41558 |
| (2) Emergency respite care services, as defined in section | 41559 |
| 5126.11 of the Revised Code; | 41560 |
| (3) Family support services provided under section 5126.11 of | 41561 |
| the Revised Code; | 41562 |
| (4) Supported living, as defined in section 5126.01 of the | 41563 |
| Revised Code; | 41564 |
| (5) Staff training for county board employees, employees of | 41565 |
| providers of residential services as defined in section 5126.01 of | 41566 |
| the Revised Code, and other personnel under contract with a county | 41567 |
| board, to provide the staff with necessary training in serving | 41568 |
| mentally retarded or developmentally disabled persons in the | 41569 |
| community; | 41570 |
| (6) Short-term provision of early childhood services provided | 41571 |
| under section 5126.05, adult services provided under sections | 41572 |
| 5126.05 and 5126.051, and service and support administration | 41573 |
| provided under section 5126.15 of the Revised Code, when local | 41574 |
| moneys are insufficient to meet the need for such services due to | 41575 |
| the successive failure within a two-year period of three or more | 41576 |
| proposed levies for the services; | 41577 |
| (7) Contracts with providers of residential services to | 41578 |
| maintain persons with mental retardation and developmental | 41579 |
| disabilities in their programs and avoid institutionalization. | 41580 |
| (C) If the trust fund contains more than ten million dollars | 41581 |
|
on the first day of July the director shall use | 41582 |
| 41583 | |
| one million dollars for payments under section 5126.18 of the | 41584 |
|
Revised Code, | 41585 |
| 41586 | |
| supported living, and one million dollars for subsidies to county | 41587 |
| boards for early childhood services and adult services provided | 41588 |
| under section 5126.05 of the Revised Code. Distributions of funds | 41589 |
| under this division shall be made prior to August 31 of the state | 41590 |
| fiscal year in which the funds are available. The funds shall be | 41591 |
| allocated to a county board in an amount equal to the same | 41592 |
| percentage of the total amount allocated to the county board the | 41593 |
| immediately preceding state fiscal year. | 41594 |
| (D) In addition to making grants under division (A) of this | 41595 |
| section, the director may use money available in the trust fund | 41596 |
| for the same purposes that rules adopted under section 5123.0413 | 41597 |
| of the Revised Code provide for money in the state MR/DD risk fund | 41598 |
| and the state insurance against MR/DD risk fund, both created | 41599 |
| under that section, to be used. | 41600 |
| Sec. 5126.25. (A) The director of mental retardation and | 41601 |
| developmental disabilities shall adopt rules in accordance with | 41602 |
| Chapter 119. of the Revised Code establishing uniform standards | 41603 |
| and procedures for the certification of persons for employment by | 41604 |
| county boards of mental retardation and developmental disabilities | 41605 |
| as superintendents, management employees, and professional | 41606 |
| employees and uniform standards and procedures for the | 41607 |
| registration of persons for employment by county boards as | 41608 |
| registered service employees. As part of the rules, the director | 41609 |
| may establish continuing education and professional training | 41610 |
| requirements for renewal of certificates and evidence of | 41611 |
| registration and shall establish such requirements for renewal of | 41612 |
| an investigative agent certificate. In the rules, the director | 41613 |
| shall establish certification standards for employment in the | 41614 |
| position of investigative agent that require an individual to have | 41615 |
| or obtain no less than an associate degree from an accredited | 41616 |
| college or university or have or obtain comparable experience or | 41617 |
| training. The director shall not adopt rules that require any | 41618 |
| service employee to have or obtain a bachelor's or higher degree. | 41619 |
| The director shall adopt the rules in a manner that provides | 41620 |
| for the issuance of certificates and evidence of registration | 41621 |
| according to categories, levels, and grades. The rules shall | 41622 |
| describe each category, level, and grade. | 41623 |
| The rules adopted under this division shall apply to persons | 41624 |
| employed or seeking employment in a position that includes | 41625 |
| directly providing, or supervising persons who directly provide, | 41626 |
| services or instruction to or on behalf of individuals with mental | 41627 |
| retardation or developmental disabilities, except that the rules | 41628 |
| shall not apply to persons who hold a valid license issued under | 41629 |
| Chapter 3319. of the Revised Code and perform no duties other than | 41630 |
| teaching or supervision of a teaching program or persons who hold | 41631 |
| a valid license or certificate issued under Title XLVII of the | 41632 |
| Revised Code and perform only those duties governed by the license | 41633 |
| or certificate. The rules shall specify the positions that require | 41634 |
| certification or registration. The rules shall specify that the | 41635 |
| position of investigative agent requires certification. | 41636 |
| (B) The director shall adopt rules in accordance with Chapter | 41637 |
| 119. of the Revised Code establishing standards for approval of | 41638 |
| courses of study to prepare persons to meet certification | 41639 |
| requirements. The director shall approve courses of study meeting | 41640 |
| the standards and provide for the inspection of the courses to | 41641 |
| ensure the maintenance of satisfactory training procedures. The | 41642 |
| director shall approve courses of study only if given by a state | 41643 |
| university or college as defined in section 3345.32 of the Revised | 41644 |
| Code, a state university or college of another state, or an | 41645 |
| institution that has received a certificate of authorization to | 41646 |
| confer degrees from the board of regents pursuant to Chapter 1713. | 41647 |
| of the Revised Code or from a comparable agency of another state. | 41648 |
| (C) Each applicant for a certificate for employment or | 41649 |
| evidence of registration for employment by a county board shall | 41650 |
| apply to the department of mental retardation and developmental | 41651 |
| disabilities on forms that the director of the department shall | 41652 |
| prescribe and provide. The application shall be accompanied by the | 41653 |
| application fee established in rules adopted under this section. | 41654 |
| (D) The director shall issue a certificate for employment to | 41655 |
| each applicant who meets the standards for certification | 41656 |
| established under this section and shall issue evidence of | 41657 |
| registration for employment to each applicant who meets the | 41658 |
| standards for registration established under this section. Each | 41659 |
| certificate or evidence of registration shall state the category, | 41660 |
| level, and grade for which it is issued. | 41661 |
| The director shall issue, renew, deny, suspend, or revoke | 41662 |
| certificates and evidence of registration in accordance with rules | 41663 |
| adopted under this section. The director shall deny, suspend, or | 41664 |
| revoke a certificate or evidence of registration if the director | 41665 |
| finds, pursuant to an adjudication conducted in accordance with | 41666 |
| Chapter 119. of the Revised Code, that the applicant for or holder | 41667 |
| of the certificate or evidence of registration is guilty of | 41668 |
| intemperate, immoral, or other conduct unbecoming to the | 41669 |
| applicant's or holder's position, or is guilty of incompetence or | 41670 |
| negligence within the scope of the applicant's or holder's duties. | 41671 |
| The director shall deny or revoke a certificate or evidence of | 41672 |
| registration if the director finds, pursuant to an adjudication | 41673 |
| conducted in accordance with Chapter 119. of the Revised Code, | 41674 |
| that the applicant for or holder of the certificate or evidence of | 41675 |
| registration has been convicted of or pleaded guilty to any of the | 41676 |
| offenses described in division (E) of section 5126.28 of the | 41677 |
| Revised Code, unless the individual meets standards for | 41678 |
| rehabilitation that the director establishes in the rules adopted | 41679 |
| under that section. Evidence supporting such allegations shall be | 41680 |
| presented to the director in writing and the director shall | 41681 |
| provide prompt notice of the allegations to the person who is the | 41682 |
| subject of the allegations. A denial, suspension, or revocation | 41683 |
| may be appealed in accordance with procedures the director shall | 41684 |
| establish in the rules adopted under this section. | 41685 |
| (E)(1) A person holding a valid certificate under this | 41686 |
| section on the effective date of any rules adopted under this | 41687 |
| section that increase certification standards shall have such | 41688 |
| period as the rules prescribe, but not less than one year after | 41689 |
| the effective date of the rules, to meet the new certification | 41690 |
| standards. | 41691 |
| A person who is registered under this section on the | 41692 |
| effective date of any rule that changes the standards adopted | 41693 |
| under this section shall have such period as the rules prescribe, | 41694 |
| but not less than one year, to meet the new registration | 41695 |
| standards. | 41696 |
| (2) If an applicant for a certificate for employment has not | 41697 |
| completed the courses of instruction necessary to meet the | 41698 |
| department's standards for certification, the department shall | 41699 |
| inform the applicant of the courses the applicant must | 41700 |
| successfully complete to meet the standards and shall specify the | 41701 |
| time within which the applicant must complete the courses. The | 41702 |
| department shall grant the applicant at least one year to complete | 41703 |
| the courses and shall not require the applicant to complete more | 41704 |
| than four courses in any one year. The applicant is not subject to | 41705 |
| any changes regarding the courses required for certification that | 41706 |
| are made after the department informs the applicant of the courses | 41707 |
| the applicant must complete, unless the applicant does not | 41708 |
| successfully complete the courses within the time specified by the | 41709 |
| department. | 41710 |
| (F) A person who holds a certificate or evidence of | 41711 |
| registration, other than one designated as temporary, is qualified | 41712 |
| to be employed according to that certificate or evidence of | 41713 |
| registration by any county board. | 41714 |
| (G) The director shall monitor county boards to ensure that | 41715 |
| their employees who must be certified or registered are | 41716 |
| appropriately certified or registered and performing those | 41717 |
| functions they are authorized to perform under their certificate | 41718 |
| or evidence of registration. | 41719 |
| (H) A county board superintendent or the superintendent's | 41720 |
| designee may certify to the director that county board employees | 41721 |
| who are required to meet continuing education or professional | 41722 |
| training requirements as a condition of renewal of certificates or | 41723 |
| evidence of registration have met the requirements. The | 41724 |
| superintendent or the superintendent's designee shall maintain in | 41725 |
| appropriate personnel files evidence acceptable to the director | 41726 |
| that the employees have met the requirements and permit | 41727 |
| representatives of the department access to the evidence on | 41728 |
| request. | 41729 |
| (I) All fees collected pursuant to this section shall be | 41730 |
|
deposited in the state treasury to the credit of the | 41731 |
| 41732 | |
| created under section 5123.033 of the Revised Code.
| 41733 |
| 41734 | |
| 41735 | |
| 41736 | |
| 41737 |
| (J) Employees of entities that contract with county boards of | 41738 |
| mental retardation and developmental disabilities to operate | 41739 |
| programs and services for individuals with mental retardation and | 41740 |
| developmental disabilities are subject to the certification and | 41741 |
| registration requirements established under section 5123.082 of | 41742 |
| the Revised Code. | 41743 |
| Sec. 5126.40. (A) Sections 5126.40 to 5126.47 of the Revised | 41744 |
| Code do not apply to medicaid-funded supported living. | 41745 |
| (B) As used in | 41746 |
| 5126.47 of the Revised Code, "provider" means a person or | 41747 |
|
government entity certified by the | 41748 |
| retardation and developmental disabilities to provide supported | 41749 |
| living for individuals with mental retardation and developmental | 41750 |
| disabilities. | 41751 |
| | 41752 |
| 41753 | |
| 41754 | |
| 41755 | |
| 41756 | |
| 41757 | |
| 41758 | |
| 41759 | |
| 41760 | |
| 41761 |
| (C) On and after July 1, 1995, each county board shall plan | 41762 |
| and develop supported living for individuals with mental | 41763 |
| retardation and developmental disabilities who are residents of | 41764 |
| the county in accordance with sections 5126.41 to 5126.47 of the | 41765 |
| Revised Code. | 41766 |
| Sec. 5126.42. (A) A county board of mental retardation and | 41767 |
| developmental disabilities shall establish an advisory council | 41768 |
| composed of board members or employees of the board, providers, | 41769 |
| individuals receiving supported living, and advocates for | 41770 |
| individuals receiving supported living to provide on-going | 41771 |
| communication among all persons concerned with supported living. | 41772 |
| (B) The board shall develop procedures for the resolution of | 41773 |
| grievances between the board and providers or between the board | 41774 |
| and an entity with which it has a shared funding agreement. | 41775 |
| (C) The board shall develop and implement a provider | 41776 |
| selection system. Each system shall enable an individual to choose | 41777 |
| to continue receiving supported living from the same providers, to | 41778 |
| select additional providers, or to choose alternative providers. | 41779 |
| Annually, the board shall review its provider selection system to | 41780 |
| determine whether it has been implemented in a manner that allows | 41781 |
| individuals fair and equitable access to providers. | 41782 |
| In developing a provider selection system, the county board | 41783 |
| shall create a pool of providers for individuals to use in | 41784 |
| choosing their providers of supported living. The pool shall be | 41785 |
| created by placing in the pool all providers on record with the | 41786 |
| board or by placing in the pool all providers approved by the | 41787 |
| board through soliciting requests for proposals for supported | 41788 |
| living contracts. In either case, only providers that are | 41789 |
|
certified by the | 41790 |
|
developmental disabilities | 41791 |
| 41792 | |
| may be placed in the pool. | 41793 |
| If the board places all providers on record in the pool, the | 41794 |
| board shall review the pool at least annually to determine whether | 41795 |
| each provider has continued interest in being a provider and has | 41796 |
| maintained its certification by the department. At any time, an | 41797 |
| interested and certified provider may make a request to the board | 41798 |
| that it be added to the pool, and the board shall add the provider | 41799 |
| to the pool not later than seven days after receiving the request. | 41800 |
| If the board solicits requests for proposals for inclusion of | 41801 |
| providers in the pool, the board shall develop standards for | 41802 |
| selecting the providers to be included. Requests for proposals | 41803 |
| shall be solicited at least annually. When requests are solicited, | 41804 |
| the board shall cause legal notices to be published at least once | 41805 |
| each week for two consecutive weeks in a newspaper with general | 41806 |
| circulation within the county. The board's formal request for | 41807 |
| proposals shall include a description of any applicable contract | 41808 |
| terms, the standards that are used to select providers for | 41809 |
| inclusion in the pool, and the process the board uses to resolve | 41810 |
| disputes arising from the selection process. The board shall | 41811 |
| accept requests from any entity interested in being a provider of | 41812 |
| supported living for individuals served by the board. Requests | 41813 |
| shall be approved or denied according to the standards developed | 41814 |
| by the board. Providers that previously have been placed in the | 41815 |
| pool are not required to resubmit a request for proposal to be | 41816 |
| included in the pool, unless the board's standards have been | 41817 |
| changed. | 41818 |
| In assisting an individual in choosing a provider, the county | 41819 |
| board shall provide the individual with uniform and consistent | 41820 |
| information pertaining to each provider in the pool | 41821 |
| 41822 | |
| 41823 | |
| to receive supported living from a provider that is not included | 41824 |
| in the pool, if the provider is certified by
the | 41825 |
| director of mental retardation and developmental
disabilities | 41826 |
| 41827 | |
| 41828 |
| Sec. 5126.43. (A) After receiving notice from the department | 41829 |
| of mental retardation and developmental disabilities of the amount | 41830 |
| of state funds to be distributed to
it | 41831 |
| 41832 | |
| providing supported living, the county board of mental retardation | 41833 |
| and developmental disabilities shall arrange for supported living | 41834 |
| on behalf of and with the consent of individuals based on their | 41835 |
| individual service plans developed under section 5126.41 of the | 41836 |
| Revised Code. With the state distribution and any other money | 41837 |
| designated by the board for supported living, the board shall | 41838 |
| arrange for supported living in one or more of the following ways: | 41839 |
| (1) By contracting under section 5126.45 of the Revised Code | 41840 |
| with providers selected by the individual to be served; | 41841 |
| (2) By entering into shared funding agreements with state | 41842 |
| agencies, local public agencies, or political subdivisions at | 41843 |
| rates negotiated by the board; | 41844 |
| (3) By providing direct payment or vouchers to be used to | 41845 |
| purchase supported living, pursuant to a written contract in an | 41846 |
| amount determined by the board, to the individual or a person | 41847 |
| providing the individual with protective services as defined in | 41848 |
| section 5123.55 of the Revised Code. | 41849 |
| (B) | 41850 |
| 41851 | |
| living only with providers that are certified by the
| 41852 |
| director of mental retardation and developmental disabilities | 41853 |
| 41854 | |
| 41855 | |
| 41856 |
| When no certified provider is willing and able to provide | 41857 |
| supported living for an individual in accordance with the terms of | 41858 |
| the individual service plan for that individual, a county board | 41859 |
| may provide supported living directly | 41860 |
| 41861 | |
| 41862 | |
| developmental disabilities to provide supported living. | 41863 |
| A county board may, for a period not to exceed ninety days, | 41864 |
| contract for or provide supported living without meeting the | 41865 |
| requirements of this section for an individual it determines to be | 41866 |
| in emergency need of supported living. Thereafter, the individual | 41867 |
| shall choose providers in accordance with sections 5126.41 and | 41868 |
| 5126.42 of the Revised Code. | 41869 |
| Sec. 5126.45. (A) A contract between a county board of | 41870 |
| mental retardation and developmental disabilities and a provider | 41871 |
| of supported living shall be in writing and shall be based on the | 41872 |
| individual service plan developed by the individual under section | 41873 |
| 5126.41 of the Revised Code. The plan may be submitted as an | 41874 |
| addendum to the contract. An individual receiving services | 41875 |
| pursuant to a contract shall be considered a third-party | 41876 |
| beneficiary to the contract. | 41877 |
| | 41878 |
| 41879 | |
| 41880 |
| | 41881 |
| 41882 | |
| 41883 |
| | 41884 |
| 41885 | |
| 41886 |
| | 41887 |
| 41888 | |
| 41889 |
| | 41890 |
| 41891 | |
| 41892 | |
| 41893 |
| (B) The contract shall be negotiated between the provider and | 41894 |
| the county board. The terms of the contract shall include at least | 41895 |
| the following: | 41896 |
| (1) The contract period and conditions for renewal; | 41897 |
| (2) The services to be provided pursuant to the individual | 41898 |
| service plan; | 41899 |
| (3) The rights and responsibilities of all parties to the | 41900 |
| contract; | 41901 |
| (4) The methods that will be used to evaluate the services | 41902 |
| delivered by the provider; | 41903 |
| (5) Procedures for contract modification that ensure all | 41904 |
| parties affected by the modification are involved and agree; | 41905 |
| (6) A process for resolving conflicts between individuals | 41906 |
| receiving services, the county board, and the provider, as | 41907 |
| applicable; | 41908 |
| (7) Procedures for the retention of applicable records; | 41909 |
| (8) Provisions for contract termination by any party involved | 41910 |
| that include requirements for an appropriate notice of intent to | 41911 |
| terminate the contract; | 41912 |
| (9) Methods to be used to document services provided; | 41913 |
| (10) Procedures for submitting reports required by the county | 41914 |
| board as a condition of receiving payment under the contract; | 41915 |
| (11) The method and schedule the board will use to make | 41916 |
| payments to the provider and whether periodic payment adjustments | 41917 |
| will be made to the provider; | 41918 |
| (12) Provisions for conducting fiscal reconciliations for | 41919 |
| payments made through methods other than a fee-for-service | 41920 |
| arrangement. | 41921 |
| (C) Payments to the provider under a supported living | 41922 |
| contract must be determined by the board to be reasonable in | 41923 |
| accordance with policies and procedures developed by the board. | 41924 |
| Goods or services provided without charge to the provider shall | 41925 |
| not be included as expenditures of the provider. | 41926 |
| (D) The board shall establish procedures for reconciling | 41927 |
| expenditures and payments, other than those made under a | 41928 |
| fee-for-service arrangement, for the prior contract year when a | 41929 |
| contract is not renewed and shall reconcile expenditures and | 41930 |
| payments in accordance with these procedures. | 41931 |
| (E) A provider or an entity with which the board has entered | 41932 |
| into a shared funding agreement may appeal a negotiated contract | 41933 |
| or proposed shared funding rate to the county board using the | 41934 |
| procedures established by the board under section 5126.42 of the | 41935 |
| Revised Code. | 41936 |
| Sec. 5126.47. A county board of mental retardation and | 41937 |
|
developmental disabilities | 41938 |
| 41939 | |
| adopted by an affirmative vote of the majority of its members, | 41940 |
| establish, by agreement with one or more other county boards of | 41941 |
| mental retardation and developmental disabilities, a residential | 41942 |
| services consortium to jointly provide residential services and | 41943 |
| supported living. The agreement shall designate one board to | 41944 |
| assume the fiscal responsibilities for the consortium. The county | 41945 |
| auditor of the designated county shall establish a community | 41946 |
| mental retardation and developmental disabilities residential | 41947 |
| services fund for the consortium. Each board that is a member of | 41948 |
| the consortium shall cause to be deposited in the
fund | 41949 |
| 41950 | |
| 41951 | |
| 41952 | |
| residential services the county board has agreed to contribute to | 41953 |
| the consortium. | 41954 |
| Sec. 5139.27. The department of youth services shall adopt | 41955 |
| rules prescribing the minimum standards of construction for a | 41956 |
| school, forestry camp, or other facility established under section | 41957 |
| 2151.65 of the Revised Code for which financial assistance may be | 41958 |
| granted to assist in defraying the cost of the construction of the | 41959 |
| school, forestry camp, or other facility. If an application for | 41960 |
| that financial assistance is filed with the department under | 41961 |
| section 2151.651 of the Revised Code, and the department finds | 41962 |
| that the application is in proper form and the specifications for | 41963 |
| the construction of the school, forestry camp, or other facility | 41964 |
| meet the minimum standards set forth in the rules adopted by the | 41965 |
| department, the department may, from moneys available to it for | 41966 |
| granting financial assistance for the construction of schools, | 41967 |
| forestry camps, or other facilities established under section | 41968 |
| 2151.65 of the Revised Code, grant financial assistance to the | 41969 |
| county making the application, subject to the approval of the | 41970 |
| controlling board, in an amount not to exceed one-half of the | 41971 |
| county's share of the cost of construction of the school, forestry | 41972 |
| camp, or other facility but not to exceed six thousand five | 41973 |
| hundred dollars for each bed unit provided for in the school, | 41974 |
| forestry camp, or other facility. As used in this section, | 41975 |
| "construction" means the building and the initial equipping of new | 41976 |
| structures and, to the extent provided for in rules adopted by the | 41977 |
| department, the acquisition, remodeling, and initial equipping of | 41978 |
| existing structures, excluding architect's fees and the cost of | 41979 |
| land acquisition. | 41980 |
| A county that receives financial assistance under this | 41981 |
| section shall not be obligated to repay the assistance to the | 41982 |
| state unless the school, forestry camp, or other facility for | 41983 |
| which the assistance is granted is used within the ten-year period | 41984 |
| immediately following its establishment for other than the purpose | 41985 |
| of rehabilitating children between the ages of twelve to eighteen | 41986 |
| years, other than psychotic or mentally retarded children, who are | 41987 |
| designated delinquent children, as defined in section 2152.02 of | 41988 |
| the Revised Code, or unruly, as defined in section 2151.022 of the | 41989 |
| Revised Code, by order of a juvenile court. If the department of | 41990 |
| youth services finds that the school, forestry camp, or other | 41991 |
| facility is used for other than that purpose within that ten-year | 41992 |
| period, the county shall be obligated to repay the assistance to | 41993 |
| the state and, through its board of county commissioners, may | 41994 |
| enter into an agreement with the director of budget and management | 41995 |
| for the discharge of that obligation over a period not to exceed | 41996 |
| ten years in duration. Whenever a county is obligated to repay | 41997 |
| that assistance to the state and its board of county commissioners | 41998 |
| fails to enter into or fails to comply with an agreement for the | 41999 |
| discharge of that obligation, the tax commissioner, pursuant to | 42000 |
| section 5747.54 of the Revised Code, shall withhold from | 42001 |
|
distribution to the
county
from the local | 42002 |
| fund an amount sufficient to discharge the county from that | 42003 |
| obligation to the state. | 42004 |
| Sec. 5139.271. Subject to the approval of the controlling | 42005 |
| board, the department of youth services may grant and pay | 42006 |
| financial assistance to defray the county's share of the cost of | 42007 |
| acquiring or constructing a district detention facility, | 42008 |
| established under section 2152.41 of the Revised Code, to any | 42009 |
| county making application under section 2152.43 of the Revised | 42010 |
| Code if the department finds that the application was made in | 42011 |
| accordance with its rules and the facility or the specifications | 42012 |
| for the facility meet minimum standards established by the | 42013 |
| department. No financial assistance shall be granted for defraying | 42014 |
| the cost of architects' fees or land. | 42015 |
| The department shall adopt rules prescribing the minimum | 42016 |
| standards of construction and condition of existing structures, | 42017 |
| established under section 2152.41 of the Revised Code, for which | 42018 |
| financial assistance is granted under this section. The department | 42019 |
| may recommend programs of education and training and the | 42020 |
| qualifications desired for personnel of a district detention | 42021 |
| facility. | 42022 |
| The amount of financial assistance granted to any county | 42023 |
| shall not exceed one-half of the county's share of the cost of | 42024 |
| acquisition or construction of the facility. The total of all | 42025 |
| state assistance for any home shall not exceed six thousand five | 42026 |
| hundred dollars for each bed unit provided for in the facility. | 42027 |
| A county that receives financial assistance under this | 42028 |
| section shall repay the assistance to the state if the facility | 42029 |
| for which the assistance is granted is used within the ten-year | 42030 |
| period immediately following its establishment for purposes other | 42031 |
| than those contained in section 2152.41 of the Revised Code. A | 42032 |
| board of county commissioners that uses the facility for any other | 42033 |
| purpose within that period shall enter into an agreement with the | 42034 |
| director of budget and management for the discharge of that | 42035 |
| obligation over a period not to exceed ten years. If a board of | 42036 |
| county commissioners fails to enter into an agreement for the | 42037 |
| discharge of that obligation, or fails to comply with the terms of | 42038 |
| such an agreement, the director shall direct the tax commissioner, | 42039 |
| pursuant to section 5747.54 of the Revised Code, to withhold from | 42040 |
|
the distribution of the local | 42041 |
| amount sufficient to discharge the obligation. | 42042 |
| As used in this section: | 42043 |
| (A) "Construction" means the building and initial equipping | 42044 |
| of new structures. | 42045 |
| (B) "Acquisition" means "acquisition" as defined in the rules | 42046 |
| of the department, which may include the purchase, remodeling, and | 42047 |
| initial equipping of existing structures. | 42048 |
| Sec. 5139.43. (A) The department of youth services shall | 42049 |
| operate a felony delinquent care and custody program that shall be | 42050 |
| operated in accordance with the formula developed pursuant to | 42051 |
| section 5139.41 of the Revised Code, subject to the conditions | 42052 |
| specified in this section. | 42053 |
| (B)(1) Each juvenile court shall use the moneys disbursed to | 42054 |
| it by the department of youth services pursuant to division (B) of | 42055 |
| section 5139.41 of the Revised Code in accordance with the | 42056 |
| applicable provisions of division (B)(2) of this section and shall | 42057 |
| transmit the moneys to the county treasurer for deposit in | 42058 |
| accordance with this division. The county treasurer shall create | 42059 |
| in the county treasury a fund that shall be known as the felony | 42060 |
| delinquent care and custody fund and shall deposit in that fund | 42061 |
| the moneys disbursed to the juvenile court pursuant to division | 42062 |
| (B) of section 5139.41 of the Revised Code. The county treasurer | 42063 |
| also shall deposit into that fund the state subsidy funds granted | 42064 |
| to the county pursuant to section 5139.34 of the Revised Code. The | 42065 |
| moneys disbursed to the juvenile court pursuant to division (B) of | 42066 |
| section 5139.41 of the Revised Code and deposited pursuant to this | 42067 |
| division in the felony delinquent care and custody fund shall not | 42068 |
| be commingled with any other county funds except state subsidy | 42069 |
| funds granted to the county pursuant to section 5139.34 of the | 42070 |
| Revised Code; shall not be used for any capital construction | 42071 |
| projects; upon an order of the juvenile court and subject to | 42072 |
| appropriation by the board of county commissioners, shall be | 42073 |
| disbursed to the juvenile court for use in accordance with the | 42074 |
| applicable provisions of division (B)(2) of this section; shall | 42075 |
| not revert to the county general fund at the end of any fiscal | 42076 |
| year; and shall carry over in the felony delinquent care and | 42077 |
| custody fund from the end of any fiscal year to the next fiscal | 42078 |
| year. At the end of each fiscal year, beginning June 30, 2008, the | 42079 |
| balance in the felony delinquent care and custody fund in any | 42080 |
| county shall not exceed the total moneys allocated to the county | 42081 |
| pursuant to sections 5139.34 and 5139.41 of the Revised Code | 42082 |
| during the previous fiscal year, unless that county has applied | 42083 |
| for and been granted an exemption by the director of youth | 42084 |
| services. The department shall withhold from future payments to a | 42085 |
| county an amount equal to any moneys in the felony delinquent care | 42086 |
| and custody fund of the county that exceed the total moneys | 42087 |
| allocated pursuant to those sections to the county during the | 42088 |
| preceding fiscal year and shall reallocate the withheld amount. | 42089 |
| The department shall adopt rules for the withholding and | 42090 |
| reallocation of moneys disbursed under sections 5139.34 and | 42091 |
| 5139.41 of the Revised Code and for the criteria and process for a | 42092 |
| county to obtain an exemption from the withholding requirement. | 42093 |
| The moneys disbursed to the juvenile court pursuant to division | 42094 |
| (B) of section 5139.41 of the Revised Code and deposited pursuant | 42095 |
| to this division in the felony delinquent care and custody fund | 42096 |
| shall be in addition to, and shall not be used to reduce, any | 42097 |
| usual annual increase in county funding that the juvenile court is | 42098 |
| eligible to receive or the current level of county funding of the | 42099 |
| juvenile court and of any programs or services for delinquent | 42100 |
| children, unruly children, or juvenile traffic offenders. | 42101 |
| (2)(a) A county and the juvenile court that serves the county | 42102 |
| shall use the moneys in its felony delinquent care and custody | 42103 |
| fund in accordance with rules that the department of youth | 42104 |
| services adopts pursuant to division (D) of section 5139.04 of the | 42105 |
| Revised Code and as follows: | 42106 |
| (i) The moneys in the fund that represent state subsidy funds | 42107 |
| granted to the county pursuant to section 5139.34 of the Revised | 42108 |
| Code shall be used to aid in the support of prevention, early | 42109 |
| intervention, diversion, treatment, and rehabilitation programs | 42110 |
| that are provided for alleged or adjudicated unruly children or | 42111 |
| delinquent children or for children who are at risk of becoming | 42112 |
| unruly children or delinquent children. The county shall not use | 42113 |
| for capital improvements more than fifteen per cent of the moneys | 42114 |
| in the fund that represent the applicable annual grant of those | 42115 |
| state subsidy funds. | 42116 |
| (ii) The moneys in the fund that were disbursed to the | 42117 |
| juvenile court pursuant to division (B) of section 5139.41 of the | 42118 |
| Revised Code and deposited pursuant to division (B)(1) of this | 42119 |
| section in the fund shall be used to provide programs and services | 42120 |
| for the training, treatment, or rehabilitation of felony | 42121 |
| delinquents that are alternatives to their commitment to the | 42122 |
| department, including, but not limited to, community residential | 42123 |
| programs, day treatment centers, services within the home, and | 42124 |
| electronic monitoring, and shall be used in connection with | 42125 |
| training, treatment, rehabilitation, early intervention, or other | 42126 |
| programs or services for any delinquent child, unruly child, or | 42127 |
| juvenile traffic offender who is under the jurisdiction of the | 42128 |
| juvenile court. | 42129 |
| The fund also may be used for prevention, early intervention, | 42130 |
| diversion, treatment, and rehabilitation programs that are | 42131 |
| provided for alleged or adjudicated unruly children, delinquent | 42132 |
| children, or juvenile traffic offenders or for children who are at | 42133 |
| risk of becoming unruly children, delinquent children, or juvenile | 42134 |
| traffic offenders. Consistent with division (B)(1) of this | 42135 |
| section, a county and the juvenile court of a county shall not use | 42136 |
| any of those moneys for capital construction projects. | 42137 |
| (iii) The county and the juvenile court that serves the | 42138 |
| county may not use moneys in the fund for the provision of care | 42139 |
| and services for children, including, but not limited to, care and | 42140 |
| services in a detention facility, in another facility, or in | 42141 |
| out-of-home placement, unless the minimum standards that apply to | 42142 |
| the care and services and that the department prescribes in rules | 42143 |
| adopted pursuant to division (D) of section 5139.04 of the Revised | 42144 |
| Code have been satisfied. | 42145 |
| (b) Each juvenile court shall comply with division (B)(3)(d) | 42146 |
| of this section as implemented by the department. | 42147 |
| (3) In accordance with rules adopted by the department | 42148 |
| pursuant to division (D) of section 5139.04 of the Revised Code, | 42149 |
| each juvenile court and the county served by that juvenile court | 42150 |
| shall do all of the following that apply: | 42151 |
| (a) The juvenile court shall prepare an annual grant | 42152 |
| agreement and application for funding that satisfies the | 42153 |
| requirements of this section and section 5139.34 of the Revised | 42154 |
| Code and that pertains to the use, upon an order of the juvenile | 42155 |
| court and subject to appropriation by the board of county | 42156 |
| commissioners, of the moneys in its felony delinquent care and | 42157 |
| custody fund for specified programs, care, and services as | 42158 |
| described in division (B)(2)(a) of this section, shall submit that | 42159 |
| agreement and application to the county family and children first | 42160 |
| council, the regional family and children first council, or the | 42161 |
| local intersystem services to children cluster as described in | 42162 |
| sections 121.37 and 121.38 of the Revised Code, whichever is | 42163 |
| applicable, and shall file that agreement and application with the | 42164 |
| department for its approval. The annual grant agreement and | 42165 |
| application for funding shall include a method of ensuring equal | 42166 |
| access for minority youth to the programs, care, and services | 42167 |
| specified in it. | 42168 |
| The department may approve an annual grant agreement and | 42169 |
| application for funding only if the juvenile court involved has | 42170 |
| complied with the preparation, submission, and filing requirements | 42171 |
| described in division (B)(3)(a) of this section. If the juvenile | 42172 |
| court complies with those requirements and the department approves | 42173 |
| that agreement and application, the juvenile court and the county | 42174 |
| served by the juvenile court may expend the state subsidy funds | 42175 |
| granted to the county pursuant to section 5139.34 of the Revised | 42176 |
| Code only in accordance with division (B)(2)(a) of this section, | 42177 |
| the rules pertaining to state subsidy funds that the department | 42178 |
| adopts pursuant to division (D) of section 5139.04 of the Revised | 42179 |
| Code, and the approved agreement and application. | 42180 |
| (b) By the thirty-first day of August of each year, the | 42181 |
| juvenile court shall file with the department a report that | 42182 |
| contains all of the statistical and other information for each | 42183 |
| month of the prior state fiscal year. If the juvenile court fails | 42184 |
| to file the report required by division (B)(3)(b) of this section | 42185 |
| by the thirty-first day of August of any year, the department | 42186 |
| shall not disburse any payment of state subsidy funds to which the | 42187 |
| county otherwise is entitled pursuant to section 5139.34 of the | 42188 |
| Revised Code and shall not disburse pursuant to division (B) of | 42189 |
| section 5139.41 of the Revised Code the applicable allocation | 42190 |
| until the juvenile court fully complies with division (B)(3)(b) of | 42191 |
| this section. | 42192 |
| (c) If the department requires the juvenile court to prepare | 42193 |
| monthly statistical reports and to submit the reports on forms | 42194 |
| provided by the department, the juvenile court shall file those | 42195 |
| reports with the department on the forms so provided. If the | 42196 |
| juvenile court fails to prepare and submit those monthly | 42197 |
| statistical reports within the department's timelines, the | 42198 |
| department shall not disburse any payment of state subsidy funds | 42199 |
| to which the county otherwise is entitled pursuant to section | 42200 |
| 5139.34 of the Revised Code and shall not disburse pursuant to | 42201 |
| division (B) of section 5139.41 of the Revised Code the applicable | 42202 |
| allocation until the juvenile court fully complies with division | 42203 |
| (B)(3)(c) of this section. If the juvenile court fails to prepare | 42204 |
| and submit those monthly statistical reports within one hundred | 42205 |
| eighty days of the date the department establishes for their | 42206 |
| submission, the department shall not disburse any payment of state | 42207 |
| subsidy funds to which the county otherwise is entitled pursuant | 42208 |
| to section 5139.34 of the Revised Code and shall not disburse | 42209 |
| pursuant to division (B) of section 5139.41 of the Revised Code | 42210 |
| the applicable allocation, and the state subsidy funds and the | 42211 |
| remainder of the applicable allocation shall revert to the | 42212 |
| department. If a juvenile court states in a monthly statistical | 42213 |
| report that the juvenile court adjudicated within a state fiscal | 42214 |
| year five hundred or more children to be delinquent children for | 42215 |
| committing acts that would be felonies if committed by adults and | 42216 |
| if the department determines that the data in the report may be | 42217 |
| inaccurate, the juvenile court shall have an independent auditor | 42218 |
| or other qualified entity certify the accuracy of the data on a | 42219 |
| date determined by the department. | 42220 |
| (d) If the department requires the juvenile court and the | 42221 |
| county to participate in a fiscal monitoring program or another | 42222 |
| monitoring program that is conducted by the department to ensure | 42223 |
| compliance by the juvenile court and the county with division (B) | 42224 |
| of this section, the juvenile court and the county shall | 42225 |
| participate in the program and fully comply with any guidelines | 42226 |
| for the performance of audits adopted by the department pursuant | 42227 |
| to that program and all requests made by the department pursuant | 42228 |
| to that program for information necessary to reconcile fiscal | 42229 |
| accounting. If an audit that is performed pursuant to a fiscal | 42230 |
| monitoring program or another monitoring program described in this | 42231 |
| division determines that the juvenile court or the county used | 42232 |
| moneys in the county's felony delinquent care and custody fund for | 42233 |
| expenses that are not authorized under division (B) of this | 42234 |
| section, within forty-five days after the department notifies the | 42235 |
| county of the unauthorized expenditures, the county either shall | 42236 |
| repay the amount of the unauthorized expenditures from the county | 42237 |
| general revenue fund to the state's general revenue fund or shall | 42238 |
| file a written appeal with the department. If an appeal is timely | 42239 |
| filed, the director of the department shall render a decision on | 42240 |
| the appeal and shall notify the appellant county or its juvenile | 42241 |
| court of that decision within forty-five days after the date that | 42242 |
| the appeal is filed. If the director denies an appeal, the | 42243 |
| county's fiscal agent shall repay the amount of the unauthorized | 42244 |
| expenditures from the county general revenue fund to the state's | 42245 |
| general revenue fund within thirty days after receiving the | 42246 |
| director's notification of the appeal decision. If the county | 42247 |
| fails to make the repayment within that thirty-day period and if | 42248 |
| the unauthorized expenditures pertain to moneys allocated under | 42249 |
| sections 5139.41 to 5139.43 of the Revised Code, the department | 42250 |
| shall deduct the amount of the unauthorized expenditures from the | 42251 |
| next allocation of those moneys to the county in accordance with | 42252 |
| this section or from the allocations that otherwise would be made | 42253 |
| under those sections to the county during the next state fiscal | 42254 |
| year in accordance with this section and shall return that | 42255 |
| deducted amount to the state's general revenue fund. If the county | 42256 |
| fails to make the repayment within that thirty-day period and if | 42257 |
| the unauthorized expenditures pertain to moneys granted pursuant | 42258 |
| to section 5139.34 of the Revised Code, the department shall | 42259 |
| deduct the amount of the unauthorized expenditures from the next | 42260 |
| annual grant to the county pursuant to that section and shall | 42261 |
| return that deducted amount to the state's general revenue fund. | 42262 |
| (C) The determination of which county a reduction of the | 42263 |
| care and custody allocation will be charged against for a | 42264 |
| particular youth shall be made as outlined below for all youths | 42265 |
| who do not qualify as public safety beds. The determination of | 42266 |
| which county a reduction of the care and custody allocation will | 42267 |
| be charged against shall be made as follows until each youth is | 42268 |
| released: | 42269 |
| (1) In the event of a commitment, the reduction shall be | 42270 |
| charged against the committing county. | 42271 |
| (2) In the event of a recommitment, the reduction shall be | 42272 |
| charged against the original committing county until the | 42273 |
| expiration of the minimum period of institutionalization under the | 42274 |
| original order of commitment or until the date on which the youth | 42275 |
| is admitted to the department of youth services pursuant to the | 42276 |
| order of recommitment, whichever is later. Reductions of the | 42277 |
| allocation shall be charged against the county that recommitted | 42278 |
| the youth after the minimum expiration date of the original | 42279 |
| commitment. | 42280 |
| (3) In the event of a revocation of a release on parole, the | 42281 |
| reduction shall be charged against the county that revokes the | 42282 |
| youth's parole. | 42283 |
| (D) A juvenile court is not precluded by its allocation | 42284 |
| amount for the care and custody of felony delinquents from | 42285 |
| committing a felony delinquent to the department of youth services | 42286 |
| for care and custody in an institution or a community corrections | 42287 |
| facility when the juvenile court determines that the commitment is | 42288 |
| appropriate. | 42289 |
| Sec. 5302.30. (A) As used in this section: | 42290 |
| (1) "Good faith" means honesty in fact in a transaction | 42291 |
| involving the transfer of residential real property. | 42292 |
| (2) "Land installment contract" has the same meaning as in | 42293 |
| section 5313.01 of the Revised Code. | 42294 |
| (3) "Political subdivision" and "state" have the same | 42295 |
| meanings as in section 2744.01 of the Revised Code. | 42296 |
| (4) "Residential real property" means real property that is | 42297 |
| improved by a building or other structure that has one to four | 42298 |
| dwelling units. | 42299 |
| (B)(1) Except as provided in division (B)(2) of this section, | 42300 |
| this section applies to any transfer of residential real property | 42301 |
| that occurs on or after July 1, 1993, by sale, land installment | 42302 |
| contract, lease with option to purchase, exchange, or lease for a | 42303 |
| term of ninety-nine years and renewable forever. For purposes of | 42304 |
| this section, a transfer occurs when the initial contract for | 42305 |
| transfer is executed, regardless of when legal title is | 42306 |
| transferred, and references in this section to transfer offers and | 42307 |
| transfer agreements refer to offers and agreements in respect of | 42308 |
| the initial contract for transfer. | 42309 |
| (2) This section does not apply to any transfer of | 42310 |
| residential real property that is any of the following: | 42311 |
| (a) A transfer pursuant to court order, including, but not | 42312 |
| limited to, a transfer ordered by a probate court during the | 42313 |
| administration of a decedent's estate, a transfer pursuant to a | 42314 |
| writ of execution, a transfer by a trustee in bankruptcy, a | 42315 |
| transfer as a result of the exercise of the power of eminent | 42316 |
| domain, and a transfer that results from a decree for specific | 42317 |
| performance of a contract or other agreement between persons; | 42318 |
| (b) A transfer to a mortgagee by a mortgagor by deed in lieu | 42319 |
| of foreclosure or in satisfaction of the mortgage debt; | 42320 |
| (c) A transfer to a beneficiary of a deed of trust by a | 42321 |
| trustor in default; | 42322 |
| (d) A transfer by a foreclosure sale that follows a default | 42323 |
| in the satisfaction of an obligation secured by a mortgage; | 42324 |
| (e) A transfer by a sale under a power of sale following a | 42325 |
| default in the satisfaction of an obligation that is secured by a | 42326 |
| deed of trust or another instrument containing a power of sale; | 42327 |
| (f) A transfer by a mortgagee, or a beneficiary under a deed | 42328 |
| of trust, who has acquired the residential real property at a sale | 42329 |
| conducted pursuant to a power of sale under a mortgage or a deed | 42330 |
| of trust or who has acquired the residential real property by a | 42331 |
| deed in lieu of foreclosure; | 42332 |
| (g) A transfer by a fiduciary in the course of the | 42333 |
| administration of a decedent's estate, a guardianship, a | 42334 |
| conservatorship, or a trust; | 42335 |
| (h) A transfer from one co-owner to one or more other | 42336 |
| co-owners; | 42337 |
| (i) A transfer made to the transferor's spouse or to one or | 42338 |
| more persons in the lineal line of consanguinity of one or more of | 42339 |
| the transferors; | 42340 |
| (j) A transfer between spouses or former spouses as a result | 42341 |
| of a decree of divorce, dissolution of marriage, annulment, or | 42342 |
| legal separation or as a result of a property settlement agreement | 42343 |
| incidental to a decree of divorce, dissolution of marriage, | 42344 |
| annulment, or legal separation; | 42345 |
| (k) A transfer to or from the state, a political subdivision | 42346 |
| of the state, or another governmental entity; | 42347 |
| (l) A transfer that involves newly constructed residential | 42348 |
| real property that previously has not been inhabited; | 42349 |
| (m) A transfer to a transferee who has occupied the property | 42350 |
| as a personal residence for one or more years immediately prior to | 42351 |
| the transfer; | 42352 |
| (n) A transfer from a transferor who both has not occupied | 42353 |
| the property as a personal residence within one year immediately | 42354 |
| prior to the transfer and has acquired the property through | 42355 |
| inheritance or devise. | 42356 |
| (C) Except as provided in division (B)(2) of this section and | 42357 |
| subject to divisions (E) and (F) of this section, every person who | 42358 |
| intends to transfer any residential real property on or after July | 42359 |
| 1, 1993, by sale, land installment contract, lease with option to | 42360 |
| purchase, exchange, or lease for a term of ninety-nine years and | 42361 |
| renewable forever shall complete all applicable items in a | 42362 |
| property disclosure form prescribed under division (D) of this | 42363 |
| section and shall deliver in accordance with division (I) of this | 42364 |
| section a signed and dated copy of the completed form to each | 42365 |
| prospective transferee or prospective transferee's agent as soon | 42366 |
| as is practicable. | 42367 |
| (D) | 42368 |
| rule adopted in accordance with Chapter 119. of the Revised Code, | 42369 |
| shall prescribe the disclosure form to be completed by | 42370 |
| transferors. The form prescribed by the director shall be designed | 42371 |
| to permit the transferor to disclose material matters relating to | 42372 |
| the physical condition of the property to be transferred, | 42373 |
| including, but not limited to, the source of water supply to the | 42374 |
| property; the nature of the sewer system serving the property; the | 42375 |
| condition of the structure of the property, including the roof, | 42376 |
| foundation, walls, and floors; the presence of hazardous materials | 42377 |
| or substances, including lead-based paint, asbestos, | 42378 |
| urea-formaldehyde foam insulation, and radon gas; and any material | 42379 |
| defects in the property that are within the actual knowledge of | 42380 |
| the transferor. | 42381 |
| The form also shall set forth a statement of the purpose of | 42382 |
| the form, including statements substantially similar to the | 42383 |
| following: that the form constitutes a statement of the conditions | 42384 |
| of the property and of information concerning the property | 42385 |
| actually known by the transferor; that, unless the transferee is | 42386 |
| otherwise advised in writing, the transferor, other than having | 42387 |
| lived at or owning the property, possesses no greater knowledge | 42388 |
| than that which could be obtained by a careful inspection of the | 42389 |
| property by a potential transferee; that the statement is not a | 42390 |
| warranty of any kind by the transferor or by any agent or subagent | 42391 |
| representing the transferor in this transaction; that the | 42392 |
| statement is not a substitute for any inspections; that the | 42393 |
| transferee is encouraged to obtain the transferee's own | 42394 |
| professional inspection; that the representations are made by the | 42395 |
| transferor and are not the representations of the transferor's | 42396 |
| agent or subagent; and that the form and the representations | 42397 |
| contained therein are provided by the transferor exclusively to | 42398 |
| potential transferees in a transfer made by the transferor, and | 42399 |
| are not made to transferees in any subsequent transfers. | 42400 |
| The form shall include instructions to the transferor for | 42401 |
| completing the form, space in which the transferor or transferors | 42402 |
| shall sign and date the form, and space in which the transferee or | 42403 |
| transferees shall sign and date the form acknowledging receipt of | 42404 |
| a copy of the form and stating that the transferee or transferees | 42405 |
| understand the purpose of the form as stated thereon. | 42406 |
| | 42407 |
| 42408 | |
| 42409 | |
| 42410 | |
| 42411 | |
| 42412 |
| | 42413 |
| 42414 |
| (E)(1) Each disclosure of an item of information that is | 42415 |
| required to be made in the property disclosure form prescribed | 42416 |
| under division (D) of this section in connection with particular | 42417 |
| residential real property and each act that may be performed in | 42418 |
| making any disclosure of an item of information shall be made or | 42419 |
| performed in good faith. | 42420 |
| (2) If an item of information is unknown to the transferor of | 42421 |
| residential real property at the time the item is required to be | 42422 |
| disclosed in the property disclosure form and if the approximation | 42423 |
| is not used for the purpose of circumventing or otherwise evading | 42424 |
| divisions (C) and (D) of this section, the transferor may make a | 42425 |
| good faith approximation of the item of information. | 42426 |
| (F)(1) A transferor of residential real property is not | 42427 |
| liable in damages in a civil action for injury, death, or loss to | 42428 |
| person or property that allegedly arises from any error in, | 42429 |
| inaccuracy of, or omission of any item of information required to | 42430 |
| be disclosed in the property disclosure form if the error, | 42431 |
| inaccuracy, or omission was not within the transferor's actual | 42432 |
| knowledge. | 42433 |
| (2) If any item of information that is disclosed in the | 42434 |
| property disclosure form is rendered inaccurate after the delivery | 42435 |
| of the form to the transferee of residential real property or the | 42436 |
| transferee's agent as a result of any act, occurrence, or | 42437 |
| agreement, the subsequent inaccuracy does not cause, and shall not | 42438 |
| be construed as causing, the transferor of the residential real | 42439 |
| property to be in noncompliance with the requirements of divisions | 42440 |
| (C) and (D) of this section. | 42441 |
| (G) Any disclosure of an item of information in the property | 42442 |
| disclosure form prescribed under division (D) of this section may | 42443 |
| be amended in writing by the transferor of residential real | 42444 |
| property at any time following the delivery of the form in | 42445 |
| accordance with divisions (C) and (I) of this section. The | 42446 |
| amendment shall be subject to this section. | 42447 |
| (H) Except as provided in division (B)(2) of this section, | 42448 |
| every prospective transferee of residential real property who | 42449 |
| receives in accordance with division (C) of this section a signed | 42450 |
| and dated copy of a completed property disclosure form as | 42451 |
| prescribed under division (D) of this section shall acknowledge | 42452 |
| receipt of the form by doing both of the following: | 42453 |
| (1) Signing and dating a copy of the form; | 42454 |
| (2) Delivering a signed and dated copy of the form to the | 42455 |
| transferor or the transferor's agent or subagent. | 42456 |
| (I) The transferor's delivery under division (C) of this | 42457 |
| section of a property disclosure form as prescribed under division | 42458 |
| (D) of this section and the prospective transferee's delivery | 42459 |
| under division (H) of this section of an acknowledgment of receipt | 42460 |
| of that form shall be made by personal delivery to the other party | 42461 |
| or the other party's agent or subagent, by ordinary mail or | 42462 |
| certified mail, return receipt requested, or by facsimile | 42463 |
| transmission. For the purposes of the delivery requirements of | 42464 |
| this section, the delivery of a property disclosure form to a | 42465 |
| prospective co-transferee of residential real property or a | 42466 |
| prospective co-transferee's agent shall be considered delivery to | 42467 |
| the other prospective transferees unless otherwise provided by | 42468 |
| contract. | 42469 |
| (J) The specification of items of information that must be | 42470 |
| disclosed in the property disclosure form as prescribed under | 42471 |
|
division (D) | 42472 |
| shall not be construed as limiting or abridging, any obligation to | 42473 |
| disclose an item of information that is created by any other | 42474 |
| provision of the Revised Code or the common law of this state or | 42475 |
| that may exist in order to preclude fraud, either by | 42476 |
| misrepresentation, concealment, or nondisclosure in a transaction | 42477 |
| involving the transfer of residential real property. The | 42478 |
| disclosure requirements of this section do not bar, and shall not | 42479 |
| be construed as barring, the application of any legal or equitable | 42480 |
| defense that a transferor of residential real property may assert | 42481 |
| in a civil action commenced against the transferor by a | 42482 |
| prospective or actual transferee of that property. | 42483 |
| (K)(1) Except as provided in division (K)(2) of this section, | 42484 |
| but subject to divisions (J) and (L) of this section, a transfer | 42485 |
| of residential real property that is subject to this section shall | 42486 |
| not be invalidated because of the failure of the transferor to | 42487 |
| provide to the transferee in accordance with division (C) of this | 42488 |
| section a completed property disclosure form as prescribed under | 42489 |
| division (D) of this section. | 42490 |
| (2) Subject to division (K)(3)(c) of this section, if a | 42491 |
| transferee of residential real property that is subject to this | 42492 |
| section receives a property disclosure form or an amendment of | 42493 |
| that form as described in division (G) of this section after the | 42494 |
| transferee has entered into a transfer agreement with respect to | 42495 |
| the property, the transferee, after receipt of the form or | 42496 |
| amendment, may rescind the transfer agreement in a written, | 42497 |
| signed, and dated document that is delivered to the transferor or | 42498 |
| the transferor's agent or subagent in accordance with divisions | 42499 |
| (K)(3)(a) and (b) of this section, without incurring any legal | 42500 |
| liability to the transferor because of the rescission, including, | 42501 |
| but not limited to, a civil action for specific performance of the | 42502 |
| transfer agreement. Upon the rescission of the transfer agreement, | 42503 |
| the transferee is entitled to the return of, and the transferor | 42504 |
| shall return, any deposits made by the transferee in connection | 42505 |
| with the proposed transfer of the residential real property. | 42506 |
| (3)(a) Subject to division (K)(3)(b) of this section, a | 42507 |
| rescission of a transfer agreement under division (K)(2) of this | 42508 |
| section only may occur if the transferee's written, signed, and | 42509 |
| dated document of rescission is delivered to the transferor or the | 42510 |
| transferor's agent or subagent within three business days | 42511 |
| following the date on which the transferee or the transferee's | 42512 |
| agent receives the property disclosure form prescribed under | 42513 |
| division (D) of this section or the amendment of that form as | 42514 |
| described in division (G) of this section. | 42515 |
| (b) A transferee may not rescind a transfer agreement under | 42516 |
| division (K)(2) of this section unless the transferee rescinds the | 42517 |
| transfer agreement by the earlier of the date that is thirty days | 42518 |
| after the date upon which the transferor accepted the transferee's | 42519 |
| transfer offer or the date of the closing of the transfer of the | 42520 |
| residential real property. | 42521 |
| (c) A transferee of residential real property may waive the | 42522 |
| right of rescission of a transfer agreement described in division | 42523 |
| (K)(2) of this section. | 42524 |
| (d) A rescission of a transfer agreement is not permissible | 42525 |
| under division (K)(2) of this section if a transferee of | 42526 |
| residential real property that is subject to this section receives | 42527 |
| a property disclosure form as prescribed under division (D) of | 42528 |
| this section or an amendment of that form as described in division | 42529 |
| (G) of this section prior to the transferee's submission to the | 42530 |
| transferor or the transferor's agent or subagent of a transfer | 42531 |
| offer and the transferee's entry into a transfer agreement with | 42532 |
| respect to the property. | 42533 |
| (4) If a transferee of residential real property subject to | 42534 |
| this section does not receive a property disclosure form from the | 42535 |
| transferor after the transferee has submitted to the transferor or | 42536 |
| the transferor's agent or subagent a transfer offer and has | 42537 |
| entered into a transfer agreement with respect to the property, | 42538 |
| the transferee may rescind the transfer agreement in a written, | 42539 |
| signed, and dated document that is delivered to the transferor or | 42540 |
| the transferor's agent or subagent in accordance with division | 42541 |
| (K)(4) of this section without incurring any legal liability to | 42542 |
| the transferor because of the rescission, including, but not | 42543 |
| limited to, a civil action for specific performance of the | 42544 |
| transfer agreement. Upon the rescission of the transfer agreement, | 42545 |
| the transferee is entitled to the return of, and the transferor | 42546 |
| shall return, any deposits made by the transferee in connection | 42547 |
| with the proposed transfer of the residential real property. A | 42548 |
| transferee may not rescind a transfer agreement under division | 42549 |
| (K)(4) of this section unless the transferee rescinds the transfer | 42550 |
| agreement by the earlier of the date that is thirty days after the | 42551 |
| date upon which the transferor accepted the transferee's transfer | 42552 |
| offer or the date of the closing of the transfer of the | 42553 |
| residential real property. | 42554 |
| (L) The right of rescission of a transfer agreement described | 42555 |
| in division (K)(2) of this section or the absence of that right | 42556 |
| does not affect, and shall not be construed as affecting, any | 42557 |
| other legal causes of action or other remedies that a transferee | 42558 |
| or prospective transferee of residential real property may possess | 42559 |
| against the transferor of that property. | 42560 |
| Sec. 5323.011. Sections 5323.01, 5323.02, 5323.03, 5323.04, | 42561 |
| and 5323.99 of the Revised Code do not apply in a county unless | 42562 |
| the board of county commissioners adopts a resolution declaring | 42563 |
| that the sections apply in the county. The board may not adopt | 42564 |
| such a resolution unless it has found that the benefit from | 42565 |
| compliance with the sections will exceed the cost to the county | 42566 |
| and its people and to persons traveling, working, or doing | 42567 |
| business in the county. The board may not declare that fewer than | 42568 |
| all the sections apply in the county. | 42569 |
| The board of county commissioners may repeal a resolution | 42570 |
| that has been adopted under the first paragraph of this section. | 42571 |
| The board may not adopt such a resolution unless it has found that | 42572 |
| the cost of continued compliance with the sections exceeds the | 42573 |
| benefit to the county and its people and to persons traveling, | 42574 |
| working, or doing business in the county. Upon the repeal, the | 42575 |
| duties of an owner of residential rental property to comply with | 42576 |
| and of the county auditor to accept compliance with sections | 42577 |
| 5323.01, 5323.02, 5323.03, 5323.04, and 5323.99 of the Revised | 42578 |
| Code are tolled. | 42579 |
| An owner of residential rental property in a county is not | 42580 |
| required to comply with, and the auditor of a county is not | 42581 |
| required to accept compliance with, sections 5323.01, 5323.02, | 42582 |
| 5323.03, 5323.04, and 5323.99 of the Revised Code unless the board | 42583 |
| of county commissioners has adopted a resolution declaring that | 42584 |
| the sections apply in the county and the resolution continues in | 42585 |
| effect. | 42586 |
| Sec. 5528.54. (A) The commissioners of the sinking fund are | 42587 |
| authorized to issue and sell, as provided in this section and in | 42588 |
| amounts from time to time authorized by the general assembly, | 42589 |
| general obligations of this state for the purpose of financing or | 42590 |
| assisting in the financing of the costs of projects. The full | 42591 |
| faith and credit, revenues, and taxing power of the state are and | 42592 |
| shall be pledged to the timely payment of bond service charges on | 42593 |
| outstanding obligations, all in accordance with Section 2m of | 42594 |
| Article VIII, Ohio Constitution, and sections 5528.51 to 5528.53 | 42595 |
| of the Revised Code, and so long as such obligations are | 42596 |
| outstanding there shall be levied and collected excises, taxes, | 42597 |
| and other revenues in amounts sufficient to pay the bond service | 42598 |
| charges on such obligations and costs relating to credit | 42599 |
| enhancement facilities. | 42600 |
| (B) Not more than two hundred twenty million dollars | 42601 |
| principal amount of obligations, plus the principal amount of | 42602 |
| obligations that in any prior fiscal years could have been, but | 42603 |
| were not issued within that two-hundred-twenty-million-dollar | 42604 |
| fiscal year limit, may be issued in any fiscal year, and not more | 42605 |
| 42606 | |
| of obligations may be outstanding at any one time, all determined | 42607 |
| as provided in sections 5528.51 to 5528.53 of the Revised Code. | 42608 |
| (C) The state may participate in financing projects by | 42609 |
| grants, loans, or contributions to local government entities. | 42610 |
| (D) Each issue of obligations shall be authorized by | 42611 |
| resolution of the commissioners. The bond proceedings shall | 42612 |
| provide for the principal amount or maximum principal amount of | 42613 |
| obligations of an issue, and shall provide for or authorize the | 42614 |
| manner for determining the principal maturity or maturities, not | 42615 |
| exceeding the earlier of thirty years from the date of issuance of | 42616 |
| the particular obligations or thirty years from the date the debt | 42617 |
| represented by the particular obligations was originally | 42618 |
| contracted, the interest rate or rates, the date of and the dates | 42619 |
| of payment of interest on the obligations, their denominations, | 42620 |
| and the establishment within or outside the state of a place or | 42621 |
| places of payment of bond service charges. Sections 9.96, 9.98, | 42622 |
| 9.981, 9.982, and 9.983 of the Revised Code are applicable to the | 42623 |
| obligations. The purpose of the obligations may be stated in the | 42624 |
| bond proceedings as "financing or assisting in the financing of | 42625 |
| highway capital improvement projects as provided in Section 2m of | 42626 |
| Article VIII, Ohio Constitution." | 42627 |
| (E) The proceeds of the obligations, except for any portion | 42628 |
| to be deposited into special funds, or into escrow funds for the | 42629 |
| purpose of refunding outstanding obligations, all as may be | 42630 |
| provided in the bond proceedings, shall be deposited into the | 42631 |
| highway capital improvement fund established by section 5528.53 of | 42632 |
| the Revised Code. | 42633 |
| (F) The commissioners may appoint or provide for the | 42634 |
| appointment of paying agents, bond registrars, securities | 42635 |
| depositories, and transfer agents, and may retain the services of | 42636 |
| financial advisers and accounting experts, and retain or contract | 42637 |
| for the services of marketing, remarketing, indexing, and | 42638 |
| administrative agents, other consultants, and independent | 42639 |
| contractors, including printing services, as are necessary in the | 42640 |
| judgment of the commissioners to carry out sections 5528.51 to | 42641 |
| 5528.53 of the Revised Code. Financing costs are payable, as | 42642 |
| provided in the bond proceedings, from the proceeds of the | 42643 |
| obligations, from special funds, or from other moneys available | 42644 |
| for the purpose. | 42645 |
| (G) The bond proceedings, including any trust agreement, may | 42646 |
| contain additional provisions customary or appropriate to the | 42647 |
| financing or to the obligations or to particular obligations | 42648 |
| including, but not limited to: | 42649 |
| (1) The redemption of obligations prior to maturity at the | 42650 |
| option of the state or of the holder or upon the occurrence of | 42651 |
| certain conditions at such price or prices and under such terms | 42652 |
| and conditions as are provided in the bond proceedings; | 42653 |
| (2) The form of and other terms of the obligations; | 42654 |
| (3) The establishment, deposit, investment, and application | 42655 |
| of special funds, and the safeguarding of moneys on hand or on | 42656 |
| deposit, in lieu of otherwise applicable provisions of Chapter | 42657 |
| 131. or 135. of the Revised Code, but subject to any special | 42658 |
| provisions of this section with respect to particular funds or | 42659 |
| moneys, and provided that any bank or trust company that acts as a | 42660 |
| depository of any moneys in special funds may furnish such | 42661 |
| indemnifying bonds or may pledge such securities as required by | 42662 |
| the commissioners; | 42663 |
| (4) Any or every provision of the bond proceedings binding | 42664 |
| upon the commissioners and such state agency or local government | 42665 |
| entities, officer, board, commission, authority, agency, | 42666 |
| department, or other person or body as may from time to time have | 42667 |
| the authority under law to take such actions as may be necessary | 42668 |
| to perform all or any part of the duty required by such provision; | 42669 |
| (5) The maintenance of each pledge, any trust agreement, or | 42670 |
| other instrument composing part of the bond proceedings until the | 42671 |
| state has fully paid or provided for the payment of the bond | 42672 |
| service charges on the obligations or met other stated conditions; | 42673 |
| (6) In the event of default in any payments required to be | 42674 |
| made by the bond proceedings, or any other agreement of the | 42675 |
| commissioners made as part of a contract under which the | 42676 |
| obligations were issued or secured, the enforcement of such | 42677 |
| payments or agreements by mandamus, suit in equity, action at law, | 42678 |
| or any combination of the foregoing; | 42679 |
| (7) The rights and remedies of the holders of obligations and | 42680 |
| of the trustee under any trust agreement, and provisions for | 42681 |
| protecting and enforcing them, including limitations on rights of | 42682 |
| individual holders of obligations; | 42683 |
| (8) The replacement of any obligations that become mutilated | 42684 |
| or are destroyed, lost, or stolen; | 42685 |
| (9) Provision for the funding, refunding, or advance | 42686 |
| refunding or other provision for payment of obligations that will | 42687 |
| then no longer be outstanding for purposes of sections 5528.51 to | 42688 |
| 5528.56 of the Revised Code or of the bond proceedings; | 42689 |
| (10) Any provision that may be made in bond proceedings or a | 42690 |
| trust agreement, including provision for amendment of the bond | 42691 |
| proceedings; | 42692 |
| (11) Any other or additional agreements with the holders of | 42693 |
| the obligations relating to any of the foregoing; | 42694 |
| (12) Such other provisions as the commissioners determine, | 42695 |
| including limitations, conditions, or qualifications relating to | 42696 |
| any of the foregoing. | 42697 |
| (H) The great seal of the state or a facsimile of that seal | 42698 |
| may be affixed to or printed on the obligations. The obligations | 42699 |
| requiring signatures by the commissioners shall be signed by or | 42700 |
| bear the facsimile signatures of two or more of the commissioners | 42701 |
| as provided in the bond proceedings. Any obligations may be signed | 42702 |
| by the person who, on the date of execution, is the authorized | 42703 |
| signer although on the date of such obligations such person was | 42704 |
| not a commissioner. In case the individual whose signature or a | 42705 |
| facsimile of whose signature appears on any obligation ceases to | 42706 |
| be a commissioner before delivery of the obligation, such | 42707 |
| signature or facsimile is nevertheless valid and sufficient for | 42708 |
| all purposes as if that individual had remained the member until | 42709 |
| such delivery, and in case the seal to be affixed to or printed on | 42710 |
| obligations has been changed after the seal has been affixed to or | 42711 |
| a facsimile of the seal has been printed on the obligations, that | 42712 |
| seal or facsimile seal shall continue to be sufficient as to those | 42713 |
| obligations and obligations issued in substitution or exchange | 42714 |
| therefor. | 42715 |
| (I) The obligations are negotiable instruments and securities | 42716 |
| under Chapter 1308. of the Revised Code, subject to the provisions | 42717 |
| of the bond proceedings as to registration. Obligations may be | 42718 |
| issued in coupon or in fully registered form, or both, as the | 42719 |
| commissioners determine. Provision may be made for the | 42720 |
| registration of any obligations with coupons attached as to | 42721 |
| principal alone or as to both principal and interest, their | 42722 |
| exchange for obligations so registered, and for the conversion or | 42723 |
| reconversion into obligations with coupons attached of any | 42724 |
| obligations registered as to both principal and interest, and for | 42725 |
| reasonable charges for such registration, exchange, conversion, | 42726 |
| and reconversion. Pending preparation of definitive obligations, | 42727 |
| the commissioners may issue interim receipts or certificates which | 42728 |
| shall be exchanged for such definitive obligations. | 42729 |
| (J) Obligations may be sold at public sale or at private | 42730 |
| sale, and at such price at, above, or below par, as determined by | 42731 |
| the commissioners in the bond proceedings. | 42732 |
| (K) In the discretion of the commissioners, obligations may | 42733 |
| be secured additionally by a trust agreement between the state and | 42734 |
| a corporate trustee which may be any trust company or bank having | 42735 |
| 42736 | |
| agreement may contain the resolution authorizing the issuance of | 42737 |
| the obligations, any provisions that may be contained in the bond | 42738 |
| proceedings, and other provisions that are customary or | 42739 |
| appropriate in an agreement of the type. | 42740 |
| (L) Except to the extent that their rights are restricted by | 42741 |
| the bond proceedings, any holder of obligations, or a trustee | 42742 |
| under the bond proceedings may by any suitable form of legal | 42743 |
| proceedings protect and enforce any rights under the laws of this | 42744 |
| state or granted by the bond proceedings. Such rights include the | 42745 |
| right to compel the performance of all duties of the commissioners | 42746 |
| and the state. Each duty of the commissioners and its employees, | 42747 |
| and of each state agency and local government entity and its | 42748 |
| officers, members, or employees, undertaken pursuant to the bond | 42749 |
| proceedings, is hereby established as a duty of the commissioners, | 42750 |
| and of each such agency, local government entity, officer, member, | 42751 |
| or employee having authority to perform such duty, specifically | 42752 |
| enjoined by the law and resulting from an office, trust, or | 42753 |
| station within the meaning of section 2731.01 of the Revised Code. | 42754 |
| The persons who are at the time the commissioners of the sinking | 42755 |
| fund, or its employees, are not liable in their personal | 42756 |
| capacities on any obligations or any agreements of or with the | 42757 |
| commissioners relating to obligations or under the bond | 42758 |
| proceedings. | 42759 |
| (M) Obligations are lawful investments for banks, societies | 42760 |
| for savings, savings and loan associations, deposit guarantee | 42761 |
| associations, trust companies, trustees, fiduciaries, insurance | 42762 |
| companies, including domestic for life and domestic not for life, | 42763 |
| trustees or other officers having charge of sinking and bond | 42764 |
| retirement or other special funds of political subdivisions and | 42765 |
| taxing districts of this state, the commissioners of the sinking | 42766 |
| fund, the administrator of workers' compensation, subject to the | 42767 |
| approval of the workers' compensation board and the industrial | 42768 |
| commission, the state teachers retirement system, the public | 42769 |
| employees retirement system, the school employees retirement | 42770 |
| system, and the Ohio police and fire pension fund, notwithstanding | 42771 |
| any other provisions of the Revised Code or rules adopted pursuant | 42772 |
| thereto by any state agency with respect to investments by them, | 42773 |
| and are also acceptable as security for the deposit of public | 42774 |
| moneys. | 42775 |
| (N) Unless otherwise provided in any applicable bond | 42776 |
| proceedings, moneys to the credit of or in the special funds | 42777 |
| established by or pursuant to this section may be invested by or | 42778 |
| on behalf of the commissioners only in notes, bonds, or other | 42779 |
| direct obligations of the United States or of any agency or | 42780 |
| instrumentality thereof, in obligations of this state or any | 42781 |
| political subdivision of this state, in certificates of deposit of | 42782 |
| any national bank located in this state and any bank, as defined | 42783 |
| in section 1101.01 of the Revised Code, subject to inspection by | 42784 |
| the superintendent of financial institutions, in the Ohio | 42785 |
| subdivision's fund established pursuant to section 135.45 of the | 42786 |
| Revised Code, in no-front-end-load money market mutual funds | 42787 |
| consisting exclusively of direct obligations of the United States | 42788 |
| or of an agency or instrumentality thereof, and in repurchase | 42789 |
| agreements, including those issued by any fiduciary, secured by | 42790 |
| direct obligations of the United States or an agency or | 42791 |
| instrumentality thereof, and in common trust funds established in | 42792 |
| accordance with section 1109.20 of the Revised Code and consisting | 42793 |
| exclusively of direct obligations of the United States or of an | 42794 |
| agency or instrumentality thereof, notwithstanding division (A)(4) | 42795 |
| of that section. The income from investments shall be credited to | 42796 |
| such special funds or otherwise as the commissioners determine in | 42797 |
| the bond proceedings, and the investments may be sold or exchanged | 42798 |
| at such times as the commissioners determine or authorize. | 42799 |
| (O) Unless otherwise provided in any applicable bond | 42800 |
| proceedings, moneys to the credit of or in a special fund shall be | 42801 |
| disbursed on the order of the commissioners, provided that no such | 42802 |
| order is required for the payment from the bond service fund or | 42803 |
| other special fund when due of bond service charges or required | 42804 |
| payments under credit enhancement facilities. | 42805 |
| (P) The commissioners may covenant in the bond proceedings, | 42806 |
| and any such covenants shall be controlling notwithstanding any | 42807 |
| other provision of law, that the state and the applicable officers | 42808 |
| and agencies of the state, including the general assembly, shall, | 42809 |
| so long as any obligations are outstanding in accordance with | 42810 |
| their terms, maintain statutory authority for and cause to be | 42811 |
| charged and collected taxes, excises, and other receipts of the | 42812 |
| state so that the receipts to the bond service fund shall be | 42813 |
| sufficient in amounts to meet bond service charges and for the | 42814 |
| establishment and maintenance of any reserves and other | 42815 |
| requirements, including payment of financing costs, provided for | 42816 |
| in the bond proceedings. | 42817 |
| (Q) The obligations, and the transfer of, and the interest, | 42818 |
| interest equivalent, and other income and accreted amounts from, | 42819 |
| including any profit made on the sale, exchange, or other | 42820 |
| disposition of, the obligations shall at all times be free from | 42821 |
| taxation, direct or indirect, within the state. | 42822 |
| (R) This section applies only with respect to obligations | 42823 |
| issued and delivered prior to September 30, 2000. | 42824 |
| Sec. 5531.10. (A) As used in this chapter: | 42825 |
| (1) "Bond proceedings" means the resolution, order, trust | 42826 |
| agreement, indenture, lease, lease-purchase agreements, and other | 42827 |
| agreements, amendments and supplements to the foregoing, or any | 42828 |
| one or more or combination thereof, authorizing or providing for | 42829 |
| the terms and conditions applicable to, or providing for the | 42830 |
| security or liquidity of, obligations issued pursuant to this | 42831 |
| section, and the provisions contained in such obligations. | 42832 |
| (2) "Bond service charges" means principal, including | 42833 |
| mandatory sinking fund requirements for retirement of obligations, | 42834 |
| and interest, and redemption premium, if any, required to be paid | 42835 |
| by the state on obligations. | 42836 |
| (3) "Bond service fund" means the applicable fund and | 42837 |
| accounts therein created for and pledged to the payment of bond | 42838 |
| service charges, which may be, or may be part of, the state | 42839 |
| infrastructure bank revenue bond service fund created by division | 42840 |
| (R) of this section including all moneys and investments, and | 42841 |
| earnings from investments, credited and to be credited thereto. | 42842 |
| (4) "Issuing authority" means the treasurer of state, or the | 42843 |
| officer who by law performs the functions of the treasurer of | 42844 |
| state. | 42845 |
| (5) "Obligations" means bonds, notes, or other evidence of | 42846 |
| obligation including interest coupons pertaining thereto, issued | 42847 |
| pursuant to this section. | 42848 |
| (6) "Pledged receipts" means moneys accruing to the state | 42849 |
| from the lease, lease-purchase, sale, or other disposition, or | 42850 |
| use, of qualified projects, and from the repayment, including | 42851 |
| interest, of loans made from proceeds received from the sale of | 42852 |
| obligations; accrued interest received from the sale of | 42853 |
| obligations; income from the investment of the special funds; any | 42854 |
| gifts, grants, donations, and pledges, and receipts therefrom, | 42855 |
| available for the payment of bond service charges; and any amounts | 42856 |
| in the state infrastructure bank pledged to the payment of such | 42857 |
| charges. If the amounts in the state infrastructure bank are | 42858 |
| insufficient for the payment of such charges, "pledged receipts" | 42859 |
| also means moneys that are apportioned by the United States | 42860 |
| secretary of transportation under United States Code, Title XXIII, | 42861 |
| as amended, or any successor legislation, or under any other | 42862 |
| federal law relating to aid for highways, and that are to be | 42863 |
| received as a grant by the state, to the extent the state is not | 42864 |
| prohibited by state or federal law from using such moneys and the | 42865 |
| moneys are pledged to the payment of such bond service charges. | 42866 |
| (7) "Special funds" or "funds" means, except where the | 42867 |
| context does not permit, the bond service fund, and any other | 42868 |
| funds, including reserve funds, created under the bond | 42869 |
| proceedings, and the state infrastructure bank revenue bond | 42870 |
| service fund created by division (R) of this section to the extent | 42871 |
| provided in the bond proceedings, including all moneys and | 42872 |
| investments, and earnings from investment, credited and to be | 42873 |
| credited thereto. | 42874 |
| (8) "State infrastructure project" means any public | 42875 |
| transportation project undertaken by the state, including, but not | 42876 |
| limited to, all components of any such project, as described in | 42877 |
| division (D) of section 5531.09 of the Revised Code. | 42878 |
| (9) "District obligations" means bonds, notes, or other | 42879 |
| evidence of obligation including interest coupons pertaining | 42880 |
| thereto, issued to finance a qualified project by a transportation | 42881 |
| improvement district created pursuant to section 5540.02 of the | 42882 |
| Revised Code, of which the principal, including mandatory sinking | 42883 |
| fund requirements for retirement of such obligations, and interest | 42884 |
| and redemption premium, if any, are payable by the department of | 42885 |
| transportation. | 42886 |
| (B) The issuing authority, after giving written notice to the | 42887 |
| director of budget and management and upon the certification by | 42888 |
| the director of transportation to the issuing authority of the | 42889 |
| amount of moneys or additional moneys needed either for state | 42890 |
| infrastructure projects or to provide financial assistance for any | 42891 |
| of the purposes for which the state infrastructure bank may be | 42892 |
| used under section 5531.09 of the Revised Code, or needed for | 42893 |
| capitalized interest, funding reserves, and paying costs and | 42894 |
| expenses incurred in connection with the issuance, carrying, | 42895 |
| securing, paying, redeeming, or retirement of the obligations or | 42896 |
| any obligations refunded thereby, including payment of costs and | 42897 |
| expenses relating to letters of credit, lines of credit, | 42898 |
| insurance, put agreements, standby purchase agreements, indexing, | 42899 |
| marketing, remarketing and administrative arrangements, interest | 42900 |
| swap or hedging agreements, and any other credit enhancement, | 42901 |
| liquidity, remarketing, renewal, or refunding arrangements, all of | 42902 |
| which are authorized by this section, shall issue obligations of | 42903 |
| the state under this section in the required amount. The proceeds | 42904 |
| of such obligations, except for the portion to be deposited in | 42905 |
| special funds, including reserve funds, as may be provided in the | 42906 |
| bond proceedings, shall as provided in the bond proceedings be | 42907 |
| credited to the infrastructure bank obligations fund of the state | 42908 |
| infrastructure bank created by section 5531.09 of the Revised Code | 42909 |
| and disbursed as provided in the bond proceedings for such | 42910 |
| obligations. The issuing authority may appoint trustees, paying | 42911 |
| agents, transfer agents, and authenticating agents, and may retain | 42912 |
| the services of financial advisors, accounting experts, and | 42913 |
| attorneys, and retain or contract for the services of marketing, | 42914 |
| remarketing, indexing, and administrative agents, other | 42915 |
| consultants, and independent contractors, including printing | 42916 |
| services, as are necessary in the issuing authority's judgment to | 42917 |
| carry out this section. The costs of such services are payable | 42918 |
| from funds of the state infrastructure bank. | 42919 |
| (C) The holders or owners of such obligations shall have no | 42920 |
| right to have moneys raised by taxation by the state of Ohio | 42921 |
| obligated or pledged, and moneys so raised shall not be obligated | 42922 |
| or pledged, for the payment of bond service charges. The right of | 42923 |
| such holders and owners to the payment of bond service charges is | 42924 |
| limited to all or that portion of the pledged receipts and those | 42925 |
| special funds pledged thereto pursuant to the bond proceedings for | 42926 |
| such obligations in accordance with this section, and each such | 42927 |
| obligation shall bear on its face a statement to that effect. | 42928 |
| Moneys received as repayment of loans made by the state | 42929 |
| infrastructure bank pursuant to section 5531.09 of the Revised | 42930 |
| Code shall not be considered moneys raised by taxation by the | 42931 |
| state of Ohio regardless of the source of the moneys. | 42932 |
| (D) Obligations shall be authorized by order of the issuing | 42933 |
| authority and the bond proceedings shall provide for the purpose | 42934 |
| thereof and the principal amount or amounts, and shall provide for | 42935 |
| or authorize the manner or agency for determining the principal | 42936 |
| maturity or maturities, not exceeding twenty-five years from the | 42937 |
| date of issuance, the interest rate or rates or the maximum | 42938 |
| interest rate, the date of the obligations and the dates of | 42939 |
| payment of interest thereon, their denomination, and the | 42940 |
| establishment within or without the state of a place or places of | 42941 |
| payment of bond service charges. Sections 9.98 to 9.983 of the | 42942 |
| Revised Code are applicable to obligations issued under this | 42943 |
| section. The purpose of such obligations may be stated in the bond | 42944 |
| proceedings in terms describing the general purpose or purposes to | 42945 |
| be served. The bond proceedings also shall provide, subject to the | 42946 |
| provisions of any other applicable bond proceedings, for the | 42947 |
| pledge of all, or such part as the issuing authority may | 42948 |
| determine, of the pledged receipts and the applicable special fund | 42949 |
| or funds to the payment of bond service charges, which pledges may | 42950 |
| be made either prior or subordinate to other expenses, claims, or | 42951 |
| payments, and may be made to secure the obligations on a parity | 42952 |
| with obligations theretofore or thereafter issued, if and to the | 42953 |
| extent provided in the bond proceedings. The pledged receipts and | 42954 |
| special funds so pledged and thereafter received by the state | 42955 |
| immediately are subject to the lien of such pledge without any | 42956 |
| physical delivery thereof or further act, and the lien of any such | 42957 |
| pledges is valid and binding against all parties having claims of | 42958 |
| any kind against the state or any governmental agency of the | 42959 |
| state, irrespective of whether such parties have notice thereof, | 42960 |
| and shall create a perfected security interest for all purposes of | 42961 |
| Chapter 1309. of the Revised Code, without the necessity for | 42962 |
| separation or delivery of funds or for the filing or recording of | 42963 |
| the bond proceedings by which such pledge is created or any | 42964 |
| certificate, statement, or other document with respect thereto; | 42965 |
| and the pledge of such pledged receipts and special funds is | 42966 |
| effective and the money therefrom and thereof may be applied to | 42967 |
| the purposes for which pledged without necessity for any act of | 42968 |
| appropriation. Every pledge, and every covenant and agreement | 42969 |
| made with respect thereto, made in the bond proceedings may | 42970 |
| therein be extended to the benefit of the owners and holders of | 42971 |
| obligations authorized by this section, and to any trustee | 42972 |
| therefor, for the further security of the payment of the bond | 42973 |
| service charges. | 42974 |
| (E) The bond proceedings may contain additional provisions as | 42975 |
| to: | 42976 |
| (1) The redemption of obligations prior to maturity at the | 42977 |
| option of the issuing authority at such price or prices and under | 42978 |
| such terms and conditions as are provided in the bond proceedings; | 42979 |
| (2) Other terms of the obligations; | 42980 |
| (3) Limitations on the issuance of additional obligations; | 42981 |
| (4) The terms of any trust agreement or indenture securing | 42982 |
| the obligations or under which the same may be issued; | 42983 |
| (5) The deposit, investment, and application of special | 42984 |
| funds, and the safeguarding of moneys on hand or on deposit, | 42985 |
| without regard to Chapter 131. or 135. of the Revised Code, but | 42986 |
| subject to any special provisions of this section with respect to | 42987 |
| particular funds or moneys, provided that any bank or trust | 42988 |
| company which acts as depository of any moneys in the special | 42989 |
| funds may furnish such indemnifying bonds or may pledge such | 42990 |
| securities as required by the issuing authority; | 42991 |
| (6) Any or every provision of the bond proceedings being | 42992 |
| binding upon such officer, board, commission, authority, agency, | 42993 |
| department, or other person or body as may from time to time have | 42994 |
| the authority under law to take such actions as may be necessary | 42995 |
| to perform all or any part of the duty required by such provision; | 42996 |
| (7) Any provision that may be made in a trust agreement or | 42997 |
| indenture; | 42998 |
| (8) Any other or additional agreements with the holders of | 42999 |
| the obligations, or the trustee therefor, relating to the | 43000 |
| obligations or the security therefor, including the assignment of | 43001 |
| mortgages or other security relating to financial assistance for | 43002 |
| qualified projects under section 5531.09 of the Revised Code. | 43003 |
| (F) The obligations may have the great seal of the state or a | 43004 |
| facsimile thereof affixed thereto or printed thereon. The | 43005 |
| obligations and any coupons pertaining to obligations shall be | 43006 |
| signed or bear the facsimile signature of the issuing authority. | 43007 |
| Any obligations or coupons may be executed by the person who, on | 43008 |
| the date of execution, is the proper issuing authority although on | 43009 |
| the date of such bonds or coupons such person was not the issuing | 43010 |
| authority. In case the issuing authority whose signature or a | 43011 |
| facsimile of whose signature appears on any such obligation or | 43012 |
| coupon ceases to be the issuing authority before delivery thereof, | 43013 |
| such signature or facsimile nevertheless is valid and sufficient | 43014 |
| for all purposes as if the former issuing authority had remained | 43015 |
| the issuing authority until such delivery; and in case the seal to | 43016 |
| be affixed to obligations has been changed after a facsimile of | 43017 |
| the seal has been imprinted on such obligations, such facsimile | 43018 |
| seal shall continue to be sufficient as to such obligations and | 43019 |
| obligations issued in substitution or exchange therefor. | 43020 |
| (G) All obligations are negotiable instruments and securities | 43021 |
| under Chapter 1308. of the Revised Code, subject to the provisions | 43022 |
| of the bond proceedings as to registration. The obligations may be | 43023 |
| issued in coupon or in registered form, or both, as the issuing | 43024 |
| authority determines. Provision may be made for the registration | 43025 |
| of any obligations with coupons attached thereto as to principal | 43026 |
| alone or as to both principal and interest, their exchange for | 43027 |
| obligations so registered, and for the conversion or reconversion | 43028 |
| into obligations with coupons attached thereto of any obligations | 43029 |
| registered as to both principal and interest, and for reasonable | 43030 |
| charges for such registration, exchange, conversion, and | 43031 |
| reconversion. | 43032 |
| (H) Obligations may be sold at public sale or at private | 43033 |
| sale, as determined in the bond proceedings. | 43034 |
| (I) Pending preparation of definitive obligations, the | 43035 |
| issuing authority may issue interim receipts or certificates which | 43036 |
| shall be exchanged for such definitive obligations. | 43037 |
| (J) In the discretion of the issuing authority, obligations | 43038 |
| may be secured additionally by a trust agreement or indenture | 43039 |
| between the issuing authority and a corporate trustee which may be | 43040 |
| any trust company or bank having | 43041 |
| within the state. Any such agreement or indenture may contain the | 43042 |
| order authorizing the issuance of the obligations, any provisions | 43043 |
| that may be contained in any bond proceedings, and other | 43044 |
| provisions which are customary or appropriate in an agreement or | 43045 |
| indenture of such type, including, but not limited to: | 43046 |
| (1) Maintenance of each pledge, trust agreement, indenture, | 43047 |
| or other instrument comprising part of the bond proceedings until | 43048 |
| the state has fully paid the bond service charges on the | 43049 |
| obligations secured thereby, or provision therefor has been made; | 43050 |
| (2) In the event of default in any payments required to be | 43051 |
| made by the bond proceedings, or any other agreement of the | 43052 |
| issuing authority made as a part of the contract under which the | 43053 |
| obligations were issued, enforcement of such payments or agreement | 43054 |
| by mandamus, the appointment of a receiver, suit in equity, action | 43055 |
| at law, or any combination of the foregoing; | 43056 |
| (3) The rights and remedies of the holders of obligations and | 43057 |
| of the trustee, and provisions for protecting and enforcing them, | 43058 |
| including limitations on the rights of individual holders of | 43059 |
| obligations; | 43060 |
| (4) The replacement of any obligations that become mutilated | 43061 |
| or are destroyed, lost, or stolen; | 43062 |
| (5) Such other provisions as the trustee and the issuing | 43063 |
| authority agree upon, including limitations, conditions, or | 43064 |
| qualifications relating to any of the foregoing. | 43065 |
| (K) Any holder of obligations or a trustee under the bond | 43066 |
| proceedings, except to the extent that the holder's or trustee's | 43067 |
| rights are restricted by the bond proceedings, may by any suitable | 43068 |
| form of legal proceedings, protect and enforce any rights under | 43069 |
| the laws of this state or granted by such bond proceedings. Such | 43070 |
| rights include the right to compel the performance of all duties | 43071 |
| of the issuing authority and the director of transportation | 43072 |
| required by the bond proceedings or sections 5531.09 and 5531.10 | 43073 |
| of the Revised Code; to enjoin unlawful activities; and in the | 43074 |
| event of default with respect to the payment of any bond service | 43075 |
| charges on any obligations or in the performance of any covenant | 43076 |
| or agreement on the part of the issuing authority or the director | 43077 |
| of transportation in the bond proceedings, to apply to a court | 43078 |
| having jurisdiction of the cause to appoint a receiver to receive | 43079 |
| and administer the pledged receipts and special funds, other than | 43080 |
| those in the custody of the treasurer of state, which are pledged | 43081 |
| to the payment of the bond service charges on such obligations or | 43082 |
| which are the subject of the covenant or agreement, with full | 43083 |
| power to pay, and to provide for payment of bond service charges | 43084 |
| on, such obligations, and with such powers, subject to the | 43085 |
| direction of the court, as are accorded receivers in general | 43086 |
| equity cases, excluding any power to pledge additional revenues or | 43087 |
| receipts or other income or moneys of the state or local | 43088 |
| governmental entities, or agencies thereof, to the payment of such | 43089 |
| principal and interest and excluding the power to take possession | 43090 |
| of, mortgage, or cause the sale or otherwise dispose of any | 43091 |
| project facilities. | 43092 |
| Each duty of the issuing authority and the issuing | 43093 |
| authority's officers and employees, and of each state or local | 43094 |
| governmental agency and its officers, members, or employees, | 43095 |
| undertaken pursuant to the bond proceedings or any loan, loan | 43096 |
| guarantee, lease, lease-purchase agreement, or other agreement | 43097 |
| made under authority of section 5531.09 of the Revised Code, and | 43098 |
| in every agreement by or with the issuing authority, is hereby | 43099 |
| established as a duty of the issuing authority, and of each such | 43100 |
| officer, member, or employee having authority to perform such | 43101 |
| duty, specifically enjoined by the law resulting from an office, | 43102 |
| trust, or station within the meaning of section 2731.01 of the | 43103 |
| Revised Code. | 43104 |
| The person who is at the time the issuing authority, or the | 43105 |
| issuing authority's officers or employees, are not liable in their | 43106 |
| personal capacities on any obligations issued by the issuing | 43107 |
| authority or any agreements of or with the issuing authority. | 43108 |
| (L) The issuing authority may authorize and issue obligations | 43109 |
| for the refunding, including funding and retirement, and advance | 43110 |
| refunding with or without payment or redemption prior to maturity, | 43111 |
| of any obligations previously issued by the issuing authority or | 43112 |
| district obligations. Such refunding obligations may be issued in | 43113 |
| amounts sufficient for payment of the principal amount of the | 43114 |
| prior obligations or district obligations, any redemption premiums | 43115 |
| thereon, principal maturities of any such obligations or district | 43116 |
| obligations maturing prior to the redemption of the remaining | 43117 |
| obligations or district obligations on a parity therewith, | 43118 |
| interest accrued or to accrue to the maturity dates or dates of | 43119 |
| redemption of such obligations or district obligations, and any | 43120 |
| expenses incurred or to be incurred in connection with such | 43121 |
| issuance and such refunding, funding, and retirement. Subject to | 43122 |
| the bond proceedings therefor, the portion of proceeds of the sale | 43123 |
| of refunding obligations issued under this division to be applied | 43124 |
| to bond service charges on the prior obligations or district | 43125 |
| obligations shall be credited to an appropriate account held by | 43126 |
| the trustee for such prior or new obligations or to the | 43127 |
| appropriate account in the bond service fund for such obligations | 43128 |
| or district obligations. Obligations authorized under this | 43129 |
| division shall be deemed to be issued for those purposes for which | 43130 |
| such prior obligations or district obligations were issued and are | 43131 |
| subject to the provisions of this section pertaining to other | 43132 |
| obligations, except as otherwise provided in this section. The | 43133 |
| last maturity of obligations authorized under this division shall | 43134 |
| not be later than twenty-five years from the date of issuance of | 43135 |
| the original securities issued for the original purpose. | 43136 |
| (M) The authority to issue obligations under this section | 43137 |
| includes authority to issue obligations in the form of bond | 43138 |
| anticipation notes and to renew the same from time to time by the | 43139 |
| issuance of new notes. The holders of such notes or interest | 43140 |
| coupons pertaining thereto shall have a right to be paid solely | 43141 |
| from the pledged receipts and special funds that may be pledged to | 43142 |
| the payment of the bonds anticipated, or from the proceeds of such | 43143 |
| bonds or renewal notes, or both, as the issuing authority provides | 43144 |
| in the order authorizing such notes. Such notes may be | 43145 |
| additionally secured by covenants of the issuing authority to the | 43146 |
| effect that the issuing authority and the state will do such or | 43147 |
| all things necessary for the issuance of such bonds or renewal | 43148 |
| notes in the appropriate amount, and apply the proceeds thereof to | 43149 |
| the extent necessary, to make full payment of the principal of and | 43150 |
| interest on such notes at the time or times contemplated, as | 43151 |
| provided in such order. For such purpose, the issuing authority | 43152 |
| may issue bonds or renewal notes in such principal amount and upon | 43153 |
| such terms as may be necessary to provide funds to pay when | 43154 |
| required the principal of and interest on such notes, | 43155 |
| notwithstanding any limitations prescribed by or for purposes of | 43156 |
| this section. Subject to this division, all provisions for and | 43157 |
| references to obligations in this section are applicable to notes | 43158 |
| authorized under this division. | 43159 |
| The issuing authority in the bond proceedings authorizing the | 43160 |
| issuance of bond anticipation notes shall set forth for such bonds | 43161 |
| an estimated interest rate and a schedule of principal payments | 43162 |
| for such bonds and the annual maturity dates thereof. | 43163 |
| (N) Obligations issued under this section are lawful | 43164 |
| investments for banks, societies for savings, savings and loan | 43165 |
| associations, deposit guarantee associations, trust companies, | 43166 |
| trustees, fiduciaries, insurance companies, including domestic for | 43167 |
| life and domestic not for life, trustees or other officers having | 43168 |
| charge of sinking and bond retirement or other special funds of | 43169 |
| political subdivisions and taxing districts of this state, the | 43170 |
| commissioners of the sinking fund of the state, the administrator | 43171 |
| of workers' compensation, the state teachers retirement system, | 43172 |
| the public employees retirement system, the school employees | 43173 |
| retirement system, and the Ohio police and fire pension fund, | 43174 |
| notwithstanding any other provisions of the Revised Code or rules | 43175 |
| adopted pursuant thereto by any agency of the state with respect | 43176 |
| to investments by them, and are also acceptable as security for | 43177 |
| the deposit of public moneys. | 43178 |
| (O) Unless otherwise provided in any applicable bond | 43179 |
| proceedings, moneys to the credit of or in the special funds | 43180 |
| established by or pursuant to this section may be invested by or | 43181 |
| on behalf of the issuing authority only in notes, bonds, or other | 43182 |
| obligations of the United States, or of any agency or | 43183 |
| instrumentality of the United States, obligations guaranteed as to | 43184 |
| principal and interest by the United States, obligations of this | 43185 |
| state or any political subdivision of this state, and certificates | 43186 |
| of deposit of any national bank located in this state and any | 43187 |
| bank, as defined in section 1101.01 of the Revised Code, subject | 43188 |
| to inspection by the superintendent of financial institutions. If | 43189 |
| the law or the instrument creating a trust pursuant to division | 43190 |
| (J) of this section expressly permits investment in direct | 43191 |
| obligations of the United States or an agency of the United | 43192 |
| States, unless expressly prohibited by the instrument, such moneys | 43193 |
| also may be invested in no-front-end-load money market mutual | 43194 |
| funds consisting exclusively of obligations of the United States | 43195 |
| or an agency of the United States and in repurchase agreements, | 43196 |
| including those issued by the fiduciary itself, secured by | 43197 |
| obligations of the United States or an agency of the United | 43198 |
| States; and in collective investment funds as defined in division | 43199 |
| (A) of section 1111.01 of the Revised Code and consisting | 43200 |
| exclusively of any such securities. The income from such | 43201 |
| investments shall be credited to such funds as the issuing | 43202 |
| authority determines, and such investments may be sold at such | 43203 |
| times as the issuing authority determines or authorizes. | 43204 |
| (P) Provision may be made in the applicable bond proceedings | 43205 |
| for the establishment of separate accounts in the bond service | 43206 |
| fund and for the application of such accounts only to the | 43207 |
| specified bond service charges on obligations pertinent to such | 43208 |
| accounts and bond service fund and for other accounts therein | 43209 |
| within the general purposes of such fund. Unless otherwise | 43210 |
| provided in any applicable bond proceedings, moneys to the credit | 43211 |
| of or in the several special funds established pursuant to this | 43212 |
| section shall be disbursed on the order of the treasurer of state, | 43213 |
| provided that no such order is required for the payment from the | 43214 |
| bond service fund when due of bond service charges on obligations. | 43215 |
| (Q)(1) The issuing authority may pledge all, or such portion | 43216 |
| as the issuing authority determines, of the pledged receipts to | 43217 |
| the payment of bond service charges on obligations issued under | 43218 |
| this section, and for the establishment and maintenance of any | 43219 |
| reserves, as provided in the bond proceedings, and make other | 43220 |
| provisions therein with respect to pledged receipts as authorized | 43221 |
| by this chapter, which provisions are controlling notwithstanding | 43222 |
| any other provisions of law pertaining thereto. | 43223 |
| (2) An action taken under division (Q)(2) of this section | 43224 |
| does not limit the generality of division (Q)(1) of this section, | 43225 |
| and is subject to division (C) of this section and, if and to the | 43226 |
| extent otherwise applicable, Section 13 of Article VIII, Ohio | 43227 |
| Constitution. The bond proceedings may contain a covenant that, in | 43228 |
| the event the pledged receipts primarily pledged and required to | 43229 |
| be used for the payment of bond service charges on obligations | 43230 |
| issued under this section, and for the establishment and | 43231 |
| maintenance of any reserves, as provided in the bond proceedings, | 43232 |
| are insufficient to make any such payment in full when due, or to | 43233 |
| maintain any such reserve, the director of transportation shall so | 43234 |
| notify the governor, and shall determine to what extent, if any, | 43235 |
| the payment may be made or moneys may be restored to the reserves | 43236 |
| from lawfully available moneys previously appropriated for that | 43237 |
| purpose to the department of transportation. The covenant also | 43238 |
| may provide that if the payments are not made or the moneys are | 43239 |
| not immediately and fully restored to the reserves from such | 43240 |
| moneys, the director shall promptly submit to the governor and to | 43241 |
| the director of budget and management a written request for either | 43242 |
| or both of the following: | 43243 |
| (a) That the next biennial budget submitted by the governor | 43244 |
| to the general assembly include an amount to be appropriated from | 43245 |
| lawfully available moneys to the department for the purpose of and | 43246 |
| sufficient for the payment in full of bond service charges | 43247 |
| previously due and for the full replenishment of the reserves; | 43248 |
| (b) That the general assembly be requested to increase | 43249 |
| appropriations from lawfully available moneys for the department | 43250 |
| in the current biennium sufficient for the purpose of and for the | 43251 |
| payment in full of bond service charges previously due and to come | 43252 |
| due in the biennium and for the full replenishment of the | 43253 |
| reserves. | 43254 |
| The director of transportation shall include with such | 43255 |
| requests a recommendation that the payment of the bond service | 43256 |
| charges and the replenishment of the reserves be made in the | 43257 |
| interest of maximizing the benefits of the state infrastructure | 43258 |
| bank. Any such covenant shall not obligate or purport to obligate | 43259 |
| the state to pay the bond service charges on such bonds or notes | 43260 |
| or to deposit moneys in a reserve established for such payments | 43261 |
| other than from moneys that may be lawfully available and | 43262 |
| appropriated for that purpose during the then-current biennium. | 43263 |
| (R) There is hereby created the state infrastructure bank | 43264 |
| revenue bond service fund, which shall be in the custody of the | 43265 |
| treasurer of state but shall not be a part of the state treasury. | 43266 |
| All moneys received by or on account of the issuing authority or | 43267 |
| state agencies and required by the applicable bond proceedings, | 43268 |
| consistent with this section, to be deposited, transferred, or | 43269 |
| credited to the bond service fund, and all other moneys | 43270 |
| transferred or allocated to or received for the purposes of the | 43271 |
| fund, shall be deposited and credited to such fund and to any | 43272 |
| separate accounts therein, subject to applicable provisions of the | 43273 |
| bond proceedings, but without necessity for any act of | 43274 |
| appropriation. The state infrastructure bank revenue bond service | 43275 |
| fund is a trust fund and is hereby pledged to the payment of bond | 43276 |
| service charges to the extent provided in the applicable bond | 43277 |
| proceedings, and payment thereof from such fund shall be made or | 43278 |
| provided for by the treasurer of state in accordance with such | 43279 |
| bond proceedings without necessity for any act of appropriation. | 43280 |
| (S) The obligations issued pursuant to this section, the | 43281 |
| transfer thereof, and the income therefrom, including any profit | 43282 |
| made on the sale thereof, shall at all times be free from taxation | 43283 |
| within this state. | 43284 |
| Sec. 5533.91. That part of the road known as state route | 43285 |
| number forty-four, located within Lake county and commencing at | 43286 |
| the intersection of that state route and state route number two | 43287 |
| and extending in a northerly direction and ending at headlands | 43288 |
| beach state park, shall be known as the "LCpl Andy Nowacki | 43289 |
| Memorial Highway." | 43290 |
| The director of transportation may erect suitable markers | 43291 |
| along the highway indicating its name. | 43292 |
| Sec. 5537.04. (A) The Ohio turnpike commission may do any of | 43293 |
| the following: | 43294 |
| (1) Adopt bylaws for the regulation of its affairs and the | 43295 |
| conduct of its business; | 43296 |
| (2) Adopt an official seal, which shall not be the great seal | 43297 |
| of the state and which need not be in compliance with section 5.10 | 43298 |
| of the Revised Code; | 43299 |
| (3) Maintain a principal office and suboffices at such places | 43300 |
| within the state as it designates; | 43301 |
| (4) Sue and be sued in its own name, plead and be impleaded, | 43302 |
| provided any actions against the commission shall be brought in | 43303 |
| the court of common pleas of the county in which the principal | 43304 |
| office of the commission is located, or in the court of common | 43305 |
| pleas of the county in which the cause of action arose if that | 43306 |
| county is located within this state, and all summonses, | 43307 |
| exceptions, and notices of every kind shall be served on the | 43308 |
| commission by leaving a copy thereof at its principal office with | 43309 |
| the secretary-treasurer or executive director of the commission; | 43310 |
| (5) Construct, maintain, repair, police, and operate the | 43311 |
| turnpike system, and establish rules for the use of any turnpike | 43312 |
| project; | 43313 |
| (6) Issue revenue bonds of the state, payable solely from | 43314 |
| pledged revenues, as provided in this chapter, for the purpose of | 43315 |
| paying any part of the cost of constructing any one or more | 43316 |
| turnpike projects; | 43317 |
| (7) Fix, and revise from time to time, and charge and collect | 43318 |
| tolls; | 43319 |
| (8) Acquire, hold, and dispose of property in the exercise of | 43320 |
| its powers and the performance of its duties under this chapter; | 43321 |
| (9) Designate the locations and establish, limit, and control | 43322 |
| such points of ingress to and egress from each turnpike project as | 43323 |
| are necessary or desirable in the judgment of the commission and | 43324 |
| of the director of transportation to ensure the proper operation | 43325 |
| and maintenance of that project, and prohibit entrance to such a | 43326 |
| project from any point not so designated; | 43327 |
| (10) Make and enter into all contracts and agreements | 43328 |
| necessary or incidental to the performance of its duties and the | 43329 |
| execution of its powers under this chapter, including | 43330 |
| participation in a multi-jurisdiction electronic toll collection | 43331 |
| agreement and collection or remittance of tolls, fees, or other | 43332 |
| charges to or from entities or agencies that participate in such | 43333 |
| an agreement; | 43334 |
| (11) Employ or retain or contract for the services of | 43335 |
| consulting engineers, superintendents, managers, and any other | 43336 |
| engineers, construction and accounting experts, financial | 43337 |
| advisers, trustees, marketing, remarketing, and administrative | 43338 |
| agents, attorneys, and other employees, independent contractors, | 43339 |
| or agents that are necessary in its judgment and fix their | 43340 |
| compensation, provided all such expenses shall be payable solely | 43341 |
| from the proceeds of bonds or from revenues of the Ohio turnpike | 43342 |
| system; | 43343 |
| (12) Receive and accept from any federal agency, subject to | 43344 |
| the approval of the governor, and from any other governmental | 43345 |
| agency grants for or in aid of the construction, reconstruction, | 43346 |
| repair, renovation, maintenance, or operation of any turnpike | 43347 |
| project, and receive and accept aid or contributions from any | 43348 |
| source or person of money, property, labor, or other things of | 43349 |
| value, to be held, used, and applied only for the purposes for | 43350 |
| which such grants and contributions are made; | 43351 |
| (13) Provide coverage for its employees under Chapters 4123. | 43352 |
| and 4141. of the Revised Code; | 43353 |
| (14) Fix and revise by rule, from time to time, such permit | 43354 |
| fees, processing fees, or administrative charges for the | 43355 |
| prepayment, deferred payment, or nonpayment of tolls and use of | 43356 |
| electronic tolling equipment or other commission property. | 43357 |
| (B) The commission may do all acts necessary or proper to | 43358 |
| carry out the powers expressly granted in this chapter. | 43359 |
| Sec. 5537.16. (A) The Ohio turnpike commission may adopt | 43360 |
| such bylaws and rules as it considers advisable for the control | 43361 |
| and regulation of traffic on any turnpike project, for the | 43362 |
| protection and preservation of property under its jurisdiction and | 43363 |
| control, | 43364 |
| within the property under its control, and for the purpose of | 43365 |
| establishing owner or operator liability for failure to comply | 43366 |
| with toll collection rules. The rules of the commission with | 43367 |
| respect to the speed, axle loads, vehicle loads, and vehicle | 43368 |
| dimensions of vehicles on turnpike projects, including the | 43369 |
| issuance of a special permit by the commission to allow the | 43370 |
| operation on any turnpike project of a motor vehicle transporting | 43371 |
| two or fewer steel coils, shall apply notwithstanding sections | 43372 |
| 4511.21 to 4511.24, 4513.34, and Chapter 5577. of the Revised | 43373 |
| Code. Such bylaws and rules shall be published in a newspaper of | 43374 |
| general circulation in Franklin county, and in such other manner | 43375 |
| as the commission prescribes. | 43376 |
| (B) Such rules shall provide that public police officers | 43377 |
| shall be afforded ready access, while in the performance of their | 43378 |
| official duty, to all property under the jurisdiction of the | 43379 |
| commission and without the payment of tolls. | 43380 |
| (C) No person shall violate any such bylaws or rules of the | 43381 |
| commission. | 43382 |
| (D)(1) All fines collected for the violation of applicable | 43383 |
| laws of the state and the bylaws and rules of the commission or | 43384 |
| moneys arising from bonds forfeited for such violation shall be | 43385 |
| disposed of in accordance with section 5503.04 of the Revised | 43386 |
| Code. | 43387 |
| (2) All fees or charges assessed by the commission against an | 43388 |
| owner or operator of a vehicle as a civil violation for failure to | 43389 |
| comply with toll collection rules shall be revenues of the | 43390 |
| commission. | 43391 |
| Sec. 5537.99. | 43392 |
| of this section, whoever violates division (C) of section 5537.16 | 43393 |
| of the Revised Code is guilty of a minor misdemeanor on a first | 43394 |
| offense; on each subsequent offense such person is guilty of a | 43395 |
| misdemeanor of the fourth degree. | 43396 |
| (B) Whoever violates division (C) of section 5537.16 of the | 43397 |
| Revised Code when the violation is a civil violation for failure | 43398 |
| to comply with toll collection rules is subject to a fee or charge | 43399 |
| established by the commission by rule. | 43400 |
| Sec. 5705.28. (A) Except as provided in division (B)(1) or | 43401 |
| (2) of this section or in section 5705.281 of the Revised Code, | 43402 |
| the taxing authority of each subdivision or other taxing unit | 43403 |
| shall adopt a tax budget for the next succeeding fiscal year: | 43404 |
| (1) On or before the fifteenth day of January in the case of | 43405 |
| a school district; | 43406 |
| (2) On or before the fifteenth day of July in the case of all | 43407 |
| other subdivisions and taxing units. | 43408 |
| (B)(1) Before the first day of June in each year, the board | 43409 |
| of trustees of a school library district entitled to participate | 43410 |
| in any appropriation or revenue of a school district or to have a | 43411 |
| tax proposed by the board of education of a school district shall | 43412 |
| file with the board of education of the school district a tax | 43413 |
| budget for the ensuing fiscal year. On or before the fifteenth day | 43414 |
| of July in each year, the board of education of a school district | 43415 |
| to which a school library district tax budget was submitted under | 43416 |
| this division shall adopt such tax budget on behalf of the library | 43417 |
| district, but such budget shall not be part of the school | 43418 |
| district's tax budget. | 43419 |
| (2)(a) The taxing authority of a taxing unit that does not | 43420 |
| levy a tax is not required to adopt a tax budget pursuant to | 43421 |
| division (A) of this section. Instead, on or before the fifteenth | 43422 |
| day of July each year, such taxing authority shall adopt an | 43423 |
| operating budget for the taxing unit for the ensuing fiscal year. | 43424 |
| The operating budget shall include an estimate of receipts from | 43425 |
| all sources, a statement of all taxing unit expenses that are | 43426 |
| anticipated to occur, and the amount required for debt charges | 43427 |
| during the fiscal year. The operating budget is not required to be | 43428 |
| filed with the county auditor or the county budget commission. | 43429 |
| (b) Except for this section and sections 5705.36, 5705.38, | 43430 |
| 5705.40, 5705.41, 5705.43, 5705.44, and 5705.45 of the Revised | 43431 |
| Code, a taxing unit that does not levy a tax is not a taxing unit | 43432 |
| for purposes of Chapter 5705. of the Revised Code. Documents | 43433 |
| prepared in accordance with such sections are not required to be | 43434 |
| filed with the county auditor or county budget commission. | 43435 |
| (c) The total appropriations from each fund of a taxing unit | 43436 |
| that does not levy a tax shall not exceed the total estimated | 43437 |
| revenue available for expenditures from the fund, and | 43438 |
| appropriations shall be made from each fund only for the purposes | 43439 |
| for which the fund is established. | 43440 |
| (C)(1) To assist in the preparation of the tax budget, the | 43441 |
| head of each department, board, commission, and district authority | 43442 |
| entitled to participate in any appropriation or revenue of a | 43443 |
| subdivision shall file with the taxing authority, or in the case | 43444 |
| of a municipal corporation, with its chief executive officer, | 43445 |
| before the forty-fifth day prior to the date on which the budget | 43446 |
| must be adopted, an estimate of contemplated revenue and | 43447 |
| expenditures for the ensuing fiscal year, in such form as is | 43448 |
| prescribed by the taxing authority of the subdivision or by the | 43449 |
| auditor of state. The taxing authority shall include in its budget | 43450 |
| of expenditures the full amounts requested by district | 43451 |
| authorities, not to exceed the amount authorized by law, if such | 43452 |
| authorities may fix the amount of revenue they are to receive from | 43453 |
| the subdivision. In a municipal corporation in which a special | 43454 |
| levy for a municipal university has been authorized to be levied | 43455 |
| in excess of the ten-mill limitation, or is required by the | 43456 |
| charter of the municipal corporation, the taxing authority shall | 43457 |
| include an amount not less than the estimated yield of such levy, | 43458 |
| if such amount is requested by the board of directors of the | 43459 |
| municipal university. | 43460 |
| (2) A county board of mental retardation and developmental | 43461 |
| disabilities may include within its estimate of contemplated | 43462 |
| revenue and expenditures a reserve balance account in the | 43463 |
| community mental retardation and developmental disabilities | 43464 |
| residential services fund. The account shall contain money that is | 43465 |
| not needed to pay for current expenses for residential services | 43466 |
| and supported living but will be needed to pay for expenses for | 43467 |
| such services in the future or may be needed for unanticipated | 43468 |
| emergency expenses. On the request of the county board of mental | 43469 |
| retardation and developmental disabilities, the board of county | 43470 |
| commissioners shall include such an account in its budget of | 43471 |
| expenditures and appropriate money to the account from residential | 43472 |
| service moneys for the county board. | 43473 |
| (D) The board of trustees of any public library desiring to | 43474 |
| participate in the distribution of the county | 43475 |
| 43476 | |
| extending the benefits of the library service of such library to | 43477 |
| all the inhabitants of the county on equal terms, unless such | 43478 |
| library service is by law available to all such inhabitants, and | 43479 |
| shall certify a copy of such rules to the taxing authority with | 43480 |
| its estimate of contemplated revenue and expenditures. Where such | 43481 |
| rules have been so certified or where the adoption of such rules | 43482 |
| is not required, the taxing authority shall include in its budget | 43483 |
| of receipts such amounts as are specified by such board as | 43484 |
|
contemplated revenue from the county | 43485 |
| 43486 | |
| amounts requested therefrom by such board. No library association, | 43487 |
| incorporated or unincorporated, is entitled to participate in the | 43488 |
|
proceeds of the county | 43489 |
| libraries fund or other public funds unless such association was | 43490 |
| organized and operating prior to January 1, 1968. | 43491 |
| Sec. 5705.281. (A) Notwithstanding section 5705.28 of the | 43492 |
| Revised Code, the county budget commission, by an affirmative vote | 43493 |
| of a majority of the commission, including an affirmative vote by | 43494 |
| the county auditor, may waive the requirement that the taxing | 43495 |
| authority of a subdivision or other taxing unit adopt a tax budget | 43496 |
| as provided under section 5705.28 of the Revised Code, but shall | 43497 |
| require such a taxing authority to provide such information to the | 43498 |
| commission as may be required by the commission to perform its | 43499 |
| duties under this chapter, including dividing the rates of each of | 43500 |
| the subdivision's or taxing unit's tax levies as provided under | 43501 |
| section 5705.04 of the Revised Code. | 43502 |
| (B)(1) Notwithstanding divisions (B)(1) and (D) of section | 43503 |
| 5705.28 of the Revised Code, in any county in which a single | 43504 |
| library receives all of the county | 43505 |
| 43506 | |
| that is distributed to libraries, the county budget commission, by | 43507 |
| an affirmative vote of a majority of the commission, including an | 43508 |
| affirmative vote by the county auditor, may waive any or all of | 43509 |
| the following requirements: | 43510 |
| (a) The requirement that the board of trustees of a school | 43511 |
| library district entitled to participate in any appropriation or | 43512 |
| revenue of a school district or to have a tax proposed by the | 43513 |
| board of education of a school district file with the board of | 43514 |
| education of the school district a tax budget, and the requirement | 43515 |
| that the board of education adopt the tax budget on behalf of the | 43516 |
| library district, as provided in division (B)(1) of section | 43517 |
| 5705.28 of the Revised Code; | 43518 |
| (b) The requirement that the board of trustees of a public | 43519 |
| library desiring to participate in the distribution of the county | 43520 |
| 43521 | |
| taxing authority its estimate of contemplated revenue and | 43522 |
| expenditures, and the requirement that the taxing authority | 43523 |
| include in its budget of receipts and budget of expenditures the | 43524 |
| full amounts specified or requested by the board of trustees, as | 43525 |
| provided in division (D) of section 5705.28 of the Revised Code. | 43526 |
| (2) If a county budget commission waives the requirements | 43527 |
| described in division (B)(1)(a) or (b) of this section, the | 43528 |
| commission shall require the board of trustees of the school | 43529 |
| library district or the board of trustees of the public library | 43530 |
| desiring to participate in the distribution of the county | 43531 |
| 43532 | |
| commission any information the commission may require from the | 43533 |
| board in order for the commission to perform its duties under this | 43534 |
| chapter. | 43535 |
| Sec. 5705.29. This section does not apply to a subdivision or | 43536 |
| taxing unit for which the county budget commission has waived the | 43537 |
| requirement to adopt a tax budget pursuant to section 5705.281 of | 43538 |
| the Revised Code. The tax budget shall present the following | 43539 |
| information in such detail as is prescribed by the auditor of | 43540 |
| state: | 43541 |
| (A)(1) A statement of the necessary current operating | 43542 |
| expenses for the ensuing fiscal year for each department and | 43543 |
| division of the subdivision, classified as to personal services | 43544 |
| and other expenses, and the fund from which such expenditures are | 43545 |
| to be made. Except in the case of a school district, this estimate | 43546 |
| may include a contingent expense not designated for any particular | 43547 |
| purpose, and not to exceed three per cent of the total amount of | 43548 |
| appropriations for current expenses. In the case of a school | 43549 |
| district, this estimate may include a contingent expense not | 43550 |
| designated for any particular purpose and not to exceed thirteen | 43551 |
| per cent of the total amount of appropriations for current | 43552 |
| expenses. | 43553 |
| (2) A statement of the expenditures for the ensuing fiscal | 43554 |
| year necessary for permanent improvements, exclusive of any | 43555 |
| expense to be paid from bond issues, classified as to the | 43556 |
| improvements contemplated by the subdivision and the fund from | 43557 |
| which such expenditures are to be made; | 43558 |
| (3) The amounts required for the payment of final judgments; | 43559 |
| (4) A statement of expenditures for the ensuing fiscal year | 43560 |
| necessary for any purpose for which a special levy is authorized, | 43561 |
| and the fund from which such expenditures are to be made; | 43562 |
| (5) Comparative statements, so far as possible, in parallel | 43563 |
| columns of corresponding items of expenditures for the current | 43564 |
| fiscal year and the two preceding fiscal years. | 43565 |
| (B)(1) An estimate of receipts from other sources than the | 43566 |
| general property tax during the ensuing fiscal year, which shall | 43567 |
| include an estimate of unencumbered balances at the end of the | 43568 |
| current fiscal year, and the funds to which such estimated | 43569 |
| receipts are credited; | 43570 |
| (2) The amount each fund requires from the general property | 43571 |
| tax, which shall be the difference between the contemplated | 43572 |
| expenditure from the fund and the estimated receipts, as provided | 43573 |
| in this section. The section of the Revised Code under which the | 43574 |
| tax is authorized shall be set forth. | 43575 |
| (3) Comparative statements, so far as possible, in parallel | 43576 |
| columns of taxes and other revenues for the current fiscal year | 43577 |
| and the two preceding fiscal years. | 43578 |
| (C)(1) The amount required for debt charges; | 43579 |
| (2) The estimated receipts from sources other than the tax | 43580 |
| levy for payment of such debt charges, including the proceeds of | 43581 |
| refunding bonds to be issued to refund bonds maturing in the next | 43582 |
| succeeding fiscal year; | 43583 |
| (3) The net amount for which a tax levy shall be made, | 43584 |
| classified as to bonds authorized and issued prior to January 1, | 43585 |
| 1922, and those authorized and issued subsequent to such date, and | 43586 |
| as to what portion of the levy will be within and what in excess | 43587 |
| of the ten-mill limitation. | 43588 |
| (D) An estimate of amounts from taxes authorized to be levied | 43589 |
| in excess of the ten-mill limitation on the tax rate, and the fund | 43590 |
| to which such amounts will be credited, together with the sections | 43591 |
| of the Revised Code under which each such tax is exempted from all | 43592 |
| limitations on the tax rate. | 43593 |
| (E)(1) A board of education may include in its budget for the | 43594 |
| fiscal year in which a levy proposed under section 5705.194, | 43595 |
| 5705.21, or 5705.213, or the original levy under section 5705.212 | 43596 |
| of the Revised Code is first extended on the tax list and | 43597 |
| duplicate an estimate of expenditures to be known as a voluntary | 43598 |
| contingency reserve balance, which shall not be greater than | 43599 |
| twenty-five per cent of the total amount of the levy estimated to | 43600 |
| be available for appropriation in such year. | 43601 |
| (2) A board of education may include in its budget for the | 43602 |
| fiscal year following the year in which a levy proposed under | 43603 |
| section 5705.194, 5705.21, or 5705.213, or the original levy under | 43604 |
| section 5705.212 of the Revised Code is first extended on the tax | 43605 |
| list and duplicate an estimate of expenditures to be known as a | 43606 |
| voluntary contingency reserve balance, which shall not be greater | 43607 |
| than twenty per cent of the amount of the levy estimated to be | 43608 |
| available for appropriation in such year. | 43609 |
| (3) Except as provided in division (E)(4) of this section, | 43610 |
| the full amount of any reserve balance the board includes in its | 43611 |
| budget shall be retained by the county auditor and county | 43612 |
| treasurer out of the first semiannual settlement of taxes until | 43613 |
| the beginning of the next succeeding fiscal year, and thereupon, | 43614 |
| with the depository interest apportioned thereto, it shall be | 43615 |
| turned over to the board of education, to be used for the purposes | 43616 |
| of such fiscal year. | 43617 |
| (4) A board of education, by a two-thirds vote of all members | 43618 |
| of the board, may appropriate any amount withheld as a voluntary | 43619 |
| contingency reserve balance during the fiscal year for any lawful | 43620 |
| purpose, provided that prior to such appropriation the board of | 43621 |
| education has authorized the expenditure of all amounts | 43622 |
| appropriated for contingencies under section 5705.40 of the | 43623 |
| Revised Code. Upon request by the board of education, the county | 43624 |
| auditor shall draw a warrant on the district's account in the | 43625 |
| county treasury payable to the district in the amount requested. | 43626 |
| (F)(1) A board of education may include a spending reserve in | 43627 |
| its budget for fiscal years ending on or before June 30, 2002. The | 43628 |
| spending reserve shall consist of an estimate of expenditures not | 43629 |
| to exceed the district's spending reserve balance. A district's | 43630 |
| spending reserve balance is the amount by which the designated | 43631 |
| percentage of the district's estimated personal property taxes to | 43632 |
| be settled during the calendar year in which the fiscal year ends | 43633 |
| exceeds the estimated amount of personal property taxes to be so | 43634 |
| settled and received by the district during that fiscal year. | 43635 |
| Moneys from a spending reserve shall be appropriated in accordance | 43636 |
| with section 133.301 of the Revised Code. | 43637 |
| (2) For the purposes of computing a school district's | 43638 |
| spending reserve balance for a fiscal year, the designated | 43639 |
| percentage shall be as follows: | 43640 |
| Fiscal year ending in: | Designated percentage | 43641 | |
| 1998 | 50% | 43642 | |
| 1999 | 40% | 43643 | |
| 2000 | 30% | 43644 | |
| 2001 | 20% | 43645 | |
| 2002 | 10% | 43646 |
| (G) Except as otherwise provided in this division, the county | 43647 |
| budget commission shall not reduce the taxing authority of a | 43648 |
| subdivision as a result of the creation of a reserve balance | 43649 |
| account. Except as otherwise provided in this division, the county | 43650 |
| budget commission shall not consider the amount in a reserve | 43651 |
| balance account of a township, county, or municipal corporation as | 43652 |
| an unencumbered balance or as revenue for the purposes of division | 43653 |
|
(E)(3) or (4) of section 5747.51 | 43654 |
| 43655 | |
| may require documentation of the reasonableness of the reserve | 43656 |
| balance held in any reserve balance account. The commission shall | 43657 |
| consider any amount in a reserve balance account that it | 43658 |
| determines to be unreasonable as unencumbered and as revenue for | 43659 |
| the purposes of sections 5747.51 | 43660 |
| and may take such amounts into consideration when determining | 43661 |
| whether to reduce the taxing authority of a subdivision. | 43662 |
| Sec. 5705.30. This section does not apply to a subdivision | 43663 |
| for which the county budget commission has waived the requirement | 43664 |
| to adopt a tax budget under section 5705.281 of the Revised Code. | 43665 |
| In addition to the information required by section 5705.29 of | 43666 |
| the Revised Code, the budget of each subdivision and school | 43667 |
| library district shall include such other information as is | 43668 |
| prescribed by the auditor of state. At least two copies of the | 43669 |
| budget shall be filed in the office of the fiscal officer of the | 43670 |
| subdivision for public inspection not less than ten days before | 43671 |
| its adoption by the taxing authority, and such taxing authority | 43672 |
| shall hold at least one public hearing thereon, of which public | 43673 |
| notice shall be given by at least one publication not less than | 43674 |
| ten days prior to the date of hearing in the official publication | 43675 |
| of such subdivision, or in a newspaper having general circulation | 43676 |
| in the subdivision. The budget, after adoption, shall be submitted | 43677 |
| to the county auditor on or before the twentieth day of July, or | 43678 |
| in the case of a school district, by the twentieth day of January. | 43679 |
| The tax commissioner may prescribe a later date for the submission | 43680 |
| of a subdivision's tax budget. Any subdivision that fails to | 43681 |
| submit its budget to the county auditor on or before the twentieth | 43682 |
| day of July, unless the commissioner on or before the twentieth | 43683 |
| day of July prescribes a later date for submission of the budget | 43684 |
| by that subdivision, shall not receive an apportionment from the | 43685 |
|
undivided
local | 43686 |
| ensuing calendar year, unless upon review of the matter the | 43687 |
| commissioner determines that the budget was adopted by the | 43688 |
| subdivision on or before the fifteenth day of July, but was not | 43689 |
| submitted to the county auditor by the twentieth day of July or | 43690 |
| the later time prescribed by the commissioner because of | 43691 |
| ministerial error by the subdivision or its officers, employees, | 43692 |
| or other representatives. | 43693 |
| Sec. 5705.31. The county auditor shall present to the county | 43694 |
| budget commission the annual tax budgets submitted under sections | 43695 |
| 5705.01 to 5705.47 of the Revised Code, together with an estimate | 43696 |
| prepared by the auditor of the amount of any state levy, the rate | 43697 |
| of any school tax levy as previously determined, the tax | 43698 |
| commissioner's estimate of the amount to be received in the county | 43699 |
| 43700 | |
| provided under section 5705.281 of the Revised Code if adoption of | 43701 |
| the tax budget was waived under that section, and such other | 43702 |
| information as the commission requests or the tax commissioner | 43703 |
| prescribes. The budget commission shall examine such budget and | 43704 |
| ascertain the total amount proposed to be raised in the county for | 43705 |
| the purposes of each subdivision and other taxing units in the | 43706 |
| county. | 43707 |
| The commission shall ascertain that the following levies have | 43708 |
| been properly authorized and, if so authorized, shall approve them | 43709 |
| without modification: | 43710 |
| (A) All levies in excess of the ten-mill limitation; | 43711 |
| (B) All levies for debt charges not provided for by levies in | 43712 |
| excess of the ten-mill limitation, including levies necessary to | 43713 |
| pay notes issued for emergency purposes; | 43714 |
| (C) The levies prescribed by division (B) of sections 742.33 | 43715 |
| and 742.34 of the Revised Code; | 43716 |
| (D) Except as otherwise provided in this division, a minimum | 43717 |
| levy within the ten-mill limitation for the current expense and | 43718 |
| debt service of each subdivision or taxing unit, which shall equal | 43719 |
| two-thirds of the average levy for current expenses and debt | 43720 |
| service allotted within the fifteen-mill limitation to such | 43721 |
| subdivision or taxing unit during the last five years the | 43722 |
| fifteen-mill limitation was in effect unless such subdivision or | 43723 |
| taxing unit requests an amount requiring a lower rate. Except as | 43724 |
| provided in section 5705.312 of the Revised Code, if the levies | 43725 |
| required in divisions (B) and (C) of this section for the | 43726 |
| subdivision or taxing unit equal or exceed the entire minimum levy | 43727 |
| of the subdivision as fixed, the minimum levies of the other | 43728 |
| subdivisions or taxing units shall be reduced by the commission to | 43729 |
| provide for the levies and an operating levy for the subdivision. | 43730 |
| Such additional levy shall be deducted from the minimum levies of | 43731 |
| each of the other subdivisions or taxing units, but the operating | 43732 |
| levy for a school district shall not be reduced below a figure | 43733 |
| equivalent to forty-five per cent of the millage available within | 43734 |
| the ten-mill limitation after all the levies in divisions (B) and | 43735 |
| (C) of this section have been provided for. | 43736 |
| If a municipal corporation and a township have entered into | 43737 |
| an annexation agreement under section 709.192 of the Revised Code | 43738 |
| in which they agree to reallocate their shares of the minimum | 43739 |
| levies established under this division and if that annexation | 43740 |
| agreement is submitted along with the annual tax budget of both | 43741 |
| the township and the municipal corporation, then, when determining | 43742 |
| the minimum levy under this division, the auditor shall allocate, | 43743 |
| to the extent possible, the minimum levy for that municipal | 43744 |
| corporation and township in accordance with their annexation | 43745 |
| agreement. | 43746 |
| (E) The levies prescribed by section 3709.29 of the Revised | 43747 |
| Code. | 43748 |
| Divisions (A) to (E) of this section are mandatory, and | 43749 |
| commissions shall be without discretion to reduce such minimum | 43750 |
| levies except as provided in such divisions. | 43751 |
| If any debt charge is omitted from the budget, the commission | 43752 |
| shall include it therein. | 43753 |
| Sec. 5705.32. (A) The county budget commission shall adjust | 43754 |
| the estimated amounts required from the general property tax for | 43755 |
| each fund, as shown by the tax budgets or other information | 43756 |
| required to be provided under section 5705.281 of the Revised | 43757 |
| Code, so as to bring the tax levies required therefor within the | 43758 |
| limitations specified in sections 5705.01 to 5705.47 of the | 43759 |
| Revised Code, for such levies, but no levy shall be reduced below | 43760 |
| a minimum fixed by law. The commission may revise and adjust the | 43761 |
| estimate of balances and receipts from all sources for each fund | 43762 |
| and shall determine the total appropriations that may be made | 43763 |
| therefrom. | 43764 |
| (B) The commission shall fix the amount of the county
| 43765 |
| 43766 | |
| each board of public library trustees that has qualified under | 43767 |
| section 5705.28 of the Revised Code for participation in the | 43768 |
| proceeds of such fund. The amount paid to all libraries in the | 43769 |
| county from such fund shall never be a smaller per cent of the | 43770 |
| fund than the average of the percentages of the county's | 43771 |
| classified taxes that were distributed to libraries in 1982, 1983, | 43772 |
| and 1984, as determined by the county auditor. The commission | 43773 |
| shall base the amount for distribution on the needs of such | 43774 |
| library for the construction of new library buildings, parts of | 43775 |
| buildings, improvements, operation, maintenance, or other | 43776 |
| expenses. In determining the needs of each library board of | 43777 |
| trustees, and in calculating the amount to be distributed to any | 43778 |
| library board of trustees on the basis of its needs, the | 43779 |
| commission shall make no reduction in its allocation from the fund | 43780 |
| on account of additional revenues realized by a library from | 43781 |
| increased taxes or service charges voted by its electorate, from | 43782 |
| revenues received through federal or state grants, projects, or | 43783 |
| programs, or from grants from private sources. | 43784 |
| (C) Notwithstanding the fact that alternative methods of | 43785 |
| financing such needs are available, after fixing the amount to be | 43786 |
| distributed to libraries, the commission shall fix the amount, if | 43787 |
|
any, of the county | 43788 |
| fund to be distributed to each board of township park | 43789 |
| commissioners, the county, and each municipal corporation in | 43790 |
| accordance with the following: | 43791 |
| (1) Each municipal corporation in the county shall receive a | 43792 |
| per cent of the remainder that equals the per cent that the county | 43793 |
| auditor determines the classified property taxes originating in | 43794 |
| such municipal corporation in 1984 were of the total of all of the | 43795 |
| county's classified property taxes in 1984. The commission may | 43796 |
| deduct from this amount any amount that the budget commission | 43797 |
| allows to the board of township park commissioners of a township | 43798 |
| park district, the boundaries of which are coextensive with or | 43799 |
| contained within the boundaries of the municipal corporation. | 43800 |
| (2) The county shall receive a per cent of the remainder that | 43801 |
| equals the per cent that the county auditor determines the | 43802 |
| classified property taxes originating outside of the boundaries of | 43803 |
| municipal corporations in the county in 1984 were of the total of | 43804 |
| all of the county's classified property taxes in 1984. The | 43805 |
| commission may deduct from this amount any amount that the budget | 43806 |
| commission allows to the board of township park commissioners of a | 43807 |
| township park district, the boundaries of which are not | 43808 |
| coextensive with or contained within those of any municipal | 43809 |
| corporation in the county. | 43810 |
| (D) The commission shall separately set forth the amounts | 43811 |
| fixed and determined under divisions (B) and (C) of this section | 43812 |
| in the "official certificate of estimated resources," as provided | 43813 |
| in section 5705.35 of the Revised Code, and separately certify | 43814 |
| such amount to the county auditor who shall be guided thereby in | 43815 |
|
the distribution of the county | 43816 |
| 43817 | |
| determining such amounts, the commission shall be guided by the | 43818 |
| estimate certified by the tax commissioner and presented by the | 43819 |
| auditor under section 5705.31 of the Revised Code, as to the total | 43820 |
| amount of revenue to
be received in the county | 43821 |
| 43822 |
| (E)(1) At least five days before the date of any meeting at | 43823 |
| which the budget commission plans to discuss the distribution of | 43824 |
|
the county | 43825 |
| shall notify each legislative authority and board of public | 43826 |
| library trustees, county commissioners, and township park | 43827 |
| commissioners eligible to participate in the distribution of the | 43828 |
| fund of the date, time, place, and agenda for the meeting. Any | 43829 |
| legislative authority or board entitled to notice under this | 43830 |
| division may designate an officer or employee of such legislative | 43831 |
| authority or board to whom the commission shall deliver the | 43832 |
| notice. | 43833 |
| (2) Before the final determination of the amount to be | 43834 |
| allotted to each subdivision from any source, the commission shall | 43835 |
| permit representatives of each subdivision and of each board of | 43836 |
| public library trustees to appear before it to explain its | 43837 |
| financial needs. | 43838 |
| (F) If any public library receives and expends any funds | 43839 |
| allocated to it under this section for the construction of new | 43840 |
| library buildings or parts of buildings, such library shall be | 43841 |
| free and open to the inhabitants of the county in which it is | 43842 |
| located. Any board of library trustees that receives funds under | 43843 |
| this section and section 5747.48 of the Revised Code shall have | 43844 |
| its financial records open for public inspection at all reasonable | 43845 |
| times. | 43846 |
| Sec. 5705.321. (A) As used in this section: | 43847 |
| (1) "City, located wholly or partially in the county, with | 43848 |
| the greatest population" means the city, located wholly or | 43849 |
| partially in the county, with the greatest population residing in | 43850 |
| the county; however, if the county budget commission on or before | 43851 |
| January 1, 1998, adopted an alternative method of apportionment | 43852 |
| that was approved by the city, located partially in the county, | 43853 |
| with the greatest population but not the greatest population | 43854 |
| residing in the county, "city, located wholly or partially in the | 43855 |
| county, with the greatest population" means the city, located | 43856 |
| wholly or partially in the county, with the greatest population | 43857 |
| whether residing in the county or not, if this alternative meaning | 43858 |
| is adopted by action of the board of county commissioners and a | 43859 |
| majority of the boards of township trustees and legislative | 43860 |
| authorities of municipal corporations located wholly or partially | 43861 |
| in the county. | 43862 |
| (2) "Participating political subdivision" means a municipal | 43863 |
| corporation or township that satisfies all of the following: | 43864 |
| (a) It is located wholly or partially in the county. | 43865 |
| (b) It is not the city, located wholly or partially in the | 43866 |
| county, with the greatest population. | 43867 |
| (c)
| 43868 |
| moneys are apportioned to it under the county's alternative method | 43869 |
| or formula of apportionment in the current calendar year. | 43870 |
| (B) In lieu of the method of apportionment of the county | 43871 |
| 43872 | |
| division (C) of section 5705.32 of the Revised Code, the county | 43873 |
| budget commission may provide for the apportionment of the fund | 43874 |
| under an alternative method or on a formula basis as authorized by | 43875 |
| this section. | 43876 |
| Except as otherwise provided in division (C) of this section, | 43877 |
| the alternative method of apportionment shall have first been | 43878 |
| approved by all of the following governmental units: the board of | 43879 |
| county commissioners; the legislative authority of the city, | 43880 |
| located wholly or partially in the county, with the greatest | 43881 |
| population; and a majority of the boards of township trustees and | 43882 |
| legislative authorities of municipal corporations, located wholly | 43883 |
| or partially in the county, excluding the legislative authority of | 43884 |
| the city, located wholly or partially in the county, with the | 43885 |
| greatest population. In granting or denying approval for an | 43886 |
| alternative method of apportionment, the board of county | 43887 |
| commissioners, boards of township trustees, and legislative | 43888 |
| authorities of municipal corporations shall act by motion. A | 43889 |
| motion to approve shall be passed upon a majority vote of the | 43890 |
| members of a board of county commissioners, board of township | 43891 |
| trustees, or legislative authority of a municipal corporation, | 43892 |
| shall take effect immediately, and need not be published. | 43893 |
| Any alternative method of apportionment adopted and approved | 43894 |
| under this division may be revised, amended, or repealed in the | 43895 |
| same manner as it may be adopted and approved. If an alternative | 43896 |
| method of apportionment adopted and approved under this division | 43897 |
|
is repealed,
the
county | 43898 |
| libraries fund shall be apportioned among the subdivisions | 43899 |
| eligible to participate in the fund, commencing in the ensuing | 43900 |
| calendar year, under the apportionment provided in divisions (B) | 43901 |
| and (C) of section 5705.32 of the Revised Code, unless the repeal | 43902 |
| occurs by operation of division (C) of this section or a new | 43903 |
| method for apportionment of the fund is provided in the action of | 43904 |
| repeal. | 43905 |
| (C) This division applies only in counties in which the city, | 43906 |
| located wholly or partially in the county, with the greatest | 43907 |
| population has a population of twenty thousand or less and a | 43908 |
| population that is less than fifteen per cent of the total | 43909 |
| population of the county. In such a county, the legislative | 43910 |
| authorities or boards of township trustees of two or more | 43911 |
| participating political subdivisions, which together have a | 43912 |
| population residing in the county that is a majority of the total | 43913 |
| population of the county, each may adopt a resolution to exclude | 43914 |
| the approval otherwise required of the legislative authority of | 43915 |
| the city, located wholly or partially in the county, with the | 43916 |
| greatest population. All of the resolutions to exclude that | 43917 |
| approval shall be adopted not later than the first Monday of | 43918 |
| August of the year preceding the calendar year in which | 43919 |
| distributions are to be made under an alternative method of | 43920 |
| apportionment. | 43921 |
| A motion granting or denying approval of an alternative | 43922 |
| method of apportionment under this division shall be adopted by a | 43923 |
| majority vote of the members of the board of county commissioners | 43924 |
| and by a majority vote of a majority of the boards of township | 43925 |
| trustees and legislative authorities of the municipal corporations | 43926 |
| located wholly or partially in the county, other than the city, | 43927 |
| located wholly or partially in the county, with the greatest | 43928 |
| population, shall take effect immediately, and need not be | 43929 |
| published. The alternative method of apportionment under this | 43930 |
| division shall be adopted and approved annually, not later than | 43931 |
| the first Monday of August of the year preceding the calendar year | 43932 |
| in which distributions are to be made under it. A motion granting | 43933 |
| approval of an alternative method of apportionment under this | 43934 |
| division repeals any existing alternative method of apportionment, | 43935 |
| effective with distributions to be made from the fund in the | 43936 |
| ensuing calendar year. An alternative method of apportionment | 43937 |
| under this division shall not be revised or amended after the | 43938 |
| first Monday of August of the year preceding the calendar year in | 43939 |
| which distributions are to be made under it. | 43940 |
| (D) In determining an alternative method of apportionment | 43941 |
| authorized by this section, the county budget commission may | 43942 |
| include in the method any factor considered to be appropriate and | 43943 |
| reliable, in the sole discretion of the county budget commission. | 43944 |
| (E) On the basis of any alternative method of apportionment | 43945 |
| adopted and approved as authorized by this section, as certified | 43946 |
| by the auditor to the county treasurer, the county treasurer shall | 43947 |
|
make
distribution of the money in the county
| 43948 |
| 43949 | |
| participate in the fund, and the auditor, when the amount of those | 43950 |
| shares is in the custody of the treasurer in the amounts so | 43951 |
| computed to be due the respective subdivisions, shall at the same | 43952 |
| time certify to the tax commissioner the percentage share of the | 43953 |
| county as a subdivision. All money received into the treasury of a | 43954 |
| subdivision from the
county
| 43955 |
| libraries fund in a county treasury shall be paid into the general | 43956 |
| fund and used for the current operating expenses of the | 43957 |
| subdivision. | 43958 |
| (F) The actions of the county budget commission taken | 43959 |
| pursuant to this section are final and may not be appealed to the | 43960 |
| board of tax appeals, except on the issues of abuse of discretion | 43961 |
| and failure to comply with the formula. | 43962 |
| Sec. 5705.37. The taxing authority of any subdivision that | 43963 |
| is dissatisfied with any action of the county budget commission | 43964 |
| may, through its fiscal officer, appeal to the board of tax | 43965 |
| appeals within thirty days after the receipt by the subdivision of | 43966 |
| the official certificate or notice of the commission's action. In | 43967 |
| like manner, but through its clerk, the board of trustees of any | 43968 |
| public library, nonprofit corporation, or library association | 43969 |
| maintaining a free public library that has adopted and certified | 43970 |
| rules under section 5705.28 of the Revised Code, or any park | 43971 |
| district may appeal to the board of tax appeals. An appeal under | 43972 |
| this section shall be taken by the filing of a notice of appeal, | 43973 |
| either in person or by certified mail, express mail, or authorized | 43974 |
| delivery service as provided in section 5703.056 of the Revised | 43975 |
| Code, with the board and with the commission. If notice of appeal | 43976 |
| is filed by certified mail, express mail, or authorized delivery | 43977 |
| service, date of the United States postmark placed on the sender's | 43978 |
| receipt by the postal service or the date of receipt recorded by | 43979 |
| the authorized delivery service shall be treated as the date of | 43980 |
| filing. Upon receipt of the notice of appeal, the commission, by | 43981 |
| certified mail, shall notify all persons who were parties to the | 43982 |
| proceeding before the commission of the filing of the notice of | 43983 |
| appeal and shall file proof of notice with the board of tax | 43984 |
| appeals. The secretary of the commission shall forthwith certify | 43985 |
| to the board a transcript of the full and accurate record of all | 43986 |
| proceedings before the commission, together with all evidence | 43987 |
| presented in the proceedings or considered by the commission, | 43988 |
| pertaining to the action from which the appeal is taken. The | 43989 |
| secretary of the commission also shall certify to the board any | 43990 |
| additional information that the board may request. | 43991 |
| The board of tax appeals, in a de novo proceeding, shall | 43992 |
| forthwith consider the matter presented to the commission, and may | 43993 |
| modify any action of the commission with reference to the budget, | 43994 |
| the estimate of revenues and balances, the allocation of the | 43995 |
| 43996 | |
| of tax rates. The finding of the board of tax appeals shall be | 43997 |
| substituted for the findings of the commission, and shall be | 43998 |
| certified to the tax commissioner, the county auditor, and the | 43999 |
| taxing authority of the subdivision affected, or to the board of | 44000 |
| public library trustees affected, as the action of the commission | 44001 |
| under sections 5705.01 to 5705.47 of the Revised Code. | 44002 |
| This section does not give the board of tax appeals any | 44003 |
| authority to place any tax levy authorized by law within the | 44004 |
| ten-mill limitation outside of that limitation, or to reduce any | 44005 |
| levy below any minimum fixed by law. | 44006 |
| Sec. 5705.44. When contracts or leases run beyond the | 44007 |
| termination of the fiscal year in which they are made, the fiscal | 44008 |
| officer of the taxing authority shall make a certification for the | 44009 |
| amount required to meet the obligation of such contract or lease | 44010 |
| maturing in such fiscal year. The amount of the obligation under | 44011 |
| such contract or lease remaining unfulfilled at the end of a | 44012 |
| fiscal year, and which will become payable during the next fiscal | 44013 |
| year, shall be included in the annual appropriation measure for | 44014 |
| the next year as a fixed charge. | 44015 |
| The certificate required by section 5705.41 of the Revised | 44016 |
| Code as to money in the treasury shall not be required for | 44017 |
| contracts on which payments are to be made from the earnings of a | 44018 |
| publicly operated water works or public utility, but in the case | 44019 |
| of any such contract made without such certification, no payment | 44020 |
| shall be made on account thereof, and no claim or demand thereon | 44021 |
| shall be recoverable, except out of such earnings. That | 44022 |
| certificate also shall not be required if requiring the | 44023 |
| certificate makes it impossible for a county board of mental | 44024 |
| retardation and developmental disabilities to pay the nonfederal | 44025 |
| share of medicaid expenditures that the county board is required | 44026 |
|
by | 44027 |
| 5126.0510 of the Revised Code to pay. | 44028 |
| Sec. 5709.68. (A) On or before the thirty-first day of March | 44029 |
| each year, a municipal corporation or county that has entered into | 44030 |
| an agreement with an enterprise under section 5709.62, 5709.63, or | 44031 |
| 5709.632 of the Revised Code shall submit to the director of | 44032 |
| development and the board of education of each school district of | 44033 |
| which a municipal corporation or township to which such an | 44034 |
| agreement applies is a part a report on all of those agreements in | 44035 |
| effect during the preceding calendar year. The report shall | 44036 |
| include all of the following information: | 44037 |
| (1) The designation, assigned by the director of development, | 44038 |
| of each urban jobs and enterprise zone within the municipal | 44039 |
| corporation or county, the date each zone was certified, the name | 44040 |
| of each municipal corporation or township within each zone, and | 44041 |
| the total population of each zone according to the most recent | 44042 |
| data available; | 44043 |
| (2) The number of enterprises that are subject to those | 44044 |
| agreements and the number of full-time employees subject to those | 44045 |
| agreements within each zone, each according to the most recent | 44046 |
| data available and identified and categorized by the appropriate | 44047 |
| standard industrial code, and the rate of unemployment in the | 44048 |
| municipal corporation or county in which the zone is located for | 44049 |
| each year since each zone was certified; | 44050 |
| (3) The number of agreements approved and executed during the | 44051 |
| calendar year for which the report is submitted, the total number | 44052 |
| of agreements in effect on the thirty-first day of December of the | 44053 |
| preceding calendar year, the number of agreements that expired | 44054 |
| during the calendar year for which the report is submitted, and | 44055 |
| the number of agreements scheduled to expire during the calendar | 44056 |
| year in which the report is submitted. For each agreement that | 44057 |
| expired during the calendar year for which the report is | 44058 |
| submitted, the municipal corporation or county shall include the | 44059 |
| amount of taxes exempted and the estimated dollar value of any | 44060 |
| other incentives provided under the agreement. | 44061 |
| (4) The number of agreements receiving compliance reviews by | 44062 |
| the tax incentive review council in the municipal corporation or | 44063 |
| county during the calendar year for which the report is submitted, | 44064 |
| including all of the following information: | 44065 |
| (a) The number of agreements the terms of which an enterprise | 44066 |
| has complied with, indicating separately for each agreement the | 44067 |
| value of the real and personal property exempted pursuant to the | 44068 |
| agreement and a comparison of the stipulated and actual schedules | 44069 |
| for hiring new employees, for retaining existing employees, for | 44070 |
| the amount of payroll of the enterprise attributable to these | 44071 |
| employees, and for investing in establishing, expanding, | 44072 |
| renovating, or occupying a facility; | 44073 |
| (b) The number of agreements the terms of which an enterprise | 44074 |
| has failed to comply with, indicating separately for each | 44075 |
| agreement the value of the real and personal property exempted | 44076 |
| pursuant to the agreement and a comparison of the stipulated and | 44077 |
| actual schedules for hiring new employees, for retaining existing | 44078 |
| employees, for the amount of payroll of the enterprise | 44079 |
| attributable to these employees, and for investing in | 44080 |
| establishing, expanding, renovating, or occupying a facility; | 44081 |
| (c) The number of agreements about which the tax incentive | 44082 |
| review council made recommendations to the legislative authority | 44083 |
| of the municipal corporation or county, and the number of those | 44084 |
| recommendations that have not been followed; | 44085 |
| (d) The number of agreements rescinded during the calendar | 44086 |
| year for which the report is submitted. | 44087 |
| (5) The number of enterprises that are subject to agreements | 44088 |
| that expanded within each zone, including the number of new | 44089 |
| employees hired and existing employees retained by each | 44090 |
| enterprise, and the number of new enterprises that are subject to | 44091 |
| agreements and that established within each zone, including the | 44092 |
| number of new employees hired by each enterprise; | 44093 |
| (6)(a) The number of enterprises that are subject to | 44094 |
| agreements and that closed or reduced employment at any place of | 44095 |
| business within the state for the primary purpose of establishing, | 44096 |
| expanding, renovating, or occupying a facility, indicating | 44097 |
| separately for each enterprise the political subdivision in which | 44098 |
| the enterprise closed or reduced employment at a place of business | 44099 |
| and the number of full-time employees transferred and retained by | 44100 |
| each such place of business; | 44101 |
| (b) The number of enterprises that are subject to agreements | 44102 |
| and that closed or reduced employment at any place of business | 44103 |
| outside the state for the primary purpose of establishing, | 44104 |
| expanding, renovating, or occupying a facility. | 44105 |
| (7) For each agreement in effect during any part of the | 44106 |
| preceding year, the number of employees employed by the enterprise | 44107 |
| at the project site immediately prior to formal approval of the | 44108 |
| agreement, the number of employees employed by the enterprise at | 44109 |
| the project site on the thirty-first day of December of the | 44110 |
| preceding year, the payroll of the enterprise for the preceding | 44111 |
| year, the amount of taxes paid on tangible personal property | 44112 |
| situated at the project site and the amount of those taxes that | 44113 |
| were not paid because of the exemption granted under the | 44114 |
| agreement, and the amount of taxes paid on real property | 44115 |
| constituting the project site and the amount of those taxes that | 44116 |
| were not paid because of the exemption granted under the | 44117 |
| agreement. If an agreement was entered into under section 5709.632 | 44118 |
| of the Revised Code with an enterprise described in division | 44119 |
| (B)(2) of that section, the report shall include the number of | 44120 |
| employee positions at all of the enterprise's locations in this | 44121 |
| state. If an agreement is conditioned on a waiver issued under | 44122 |
| division (B) of section 5709.633 of the Revised Code on the basis | 44123 |
| of the circumstance described in division (B)(3)(a) or (b) of that | 44124 |
| section, the report shall include the number of employees at the | 44125 |
| facilities referred to in division (B)(3)(a)(i) or (b)(i) of that | 44126 |
| section, respectively. | 44127 |
| (B) Upon the failure of a municipal corporation or county to | 44128 |
| comply with division (A) of this section: | 44129 |
| (1) Beginning on the first day of April of the calendar year | 44130 |
| in which the municipal corporation or county fails to comply with | 44131 |
| that division, the municipal corporation or county shall not enter | 44132 |
| into any agreements with an enterprise under section 5709.62, | 44133 |
| 5709.63, or 5709.632 of the Revised Code until the municipal | 44134 |
| corporation or county has complied with division (A) of this | 44135 |
| section. | 44136 |
| (2) On the first day of each ensuing calendar month until the | 44137 |
| municipal corporation or county complies with division (A) of this | 44138 |
| section, the director of development shall either order the proper | 44139 |
| county auditor to deduct from the next succeeding payment of taxes | 44140 |
| to the municipal corporation or county under section 321.31, | 44141 |
| 321.32, 321.33, or 321.34 of the Revised Code an amount equal to | 44142 |
| one thousand dollars for each calendar month the municipal | 44143 |
| corporation or county fails to comply with that division, or order | 44144 |
| the county auditor to deduct that amount from the next succeeding | 44145 |
| payment to the municipal corporation or county from the undivided | 44146 |
| local
| 44147 |
| Revised Code. At the time such a payment is made, the county | 44148 |
| auditor shall comply with the director's order by issuing a | 44149 |
| warrant, drawn on the fund from which the money would have been | 44150 |
| paid, to the director of development, who shall deposit the | 44151 |
| warrant into the state enterprise zone program administration fund | 44152 |
| created in division (C) of this section. | 44153 |
| (C) The director, by rule, shall establish the state's | 44154 |
| application fee for applications submitted to a municipal | 44155 |
| corporation or county to enter into an agreement under section | 44156 |
| 5709.62, 5709.63, or 5709.632 of the Revised Code. In establishing | 44157 |
| the amount of the fee, the director shall consider the state's | 44158 |
| cost of administering the enterprise zone program, including the | 44159 |
| cost of reviewing the reports required under division (A) of this | 44160 |
| section. The director may change the amount of the fee at the | 44161 |
| times and in the increments the director considers necessary. Any | 44162 |
| municipal corporation or county that receives an application shall | 44163 |
| collect the application fee and remit the fee for deposit in the | 44164 |
| state treasury to the credit of
the | 44165 |
| 44166 | |
| 44167 | |
| 44168 | |
| 44169 | |
| 44170 | |
| 122.174 of the Revised Code. | 44171 |
| (D) On or before the thirtieth day of June each year, the | 44172 |
| director of development shall certify to the tax commissioner the | 44173 |
| information described under division (A)(7) of this section, | 44174 |
| derived from the reports submitted to the director under this | 44175 |
| section. | 44176 |
| On the basis of the information certified under this | 44177 |
| division, the tax commissioner annually shall submit a report to | 44178 |
| the governor, the speaker of the house of representatives, the | 44179 |
| president of the senate, and the chairpersons of the ways and | 44180 |
| means committees of the respective houses of the general assembly, | 44181 |
| indicating for each enterprise zone the amount of state and local | 44182 |
| taxes that were not required to be paid because of exemptions | 44183 |
| granted under agreements entered into under section 5709.62, | 44184 |
| 5709.63, or 5709.632 of the Revised Code and the amount of | 44185 |
| additional taxes paid from the payroll of new employees. | 44186 |
| Sec. 5709.882. (A) On or before the thirty-first day of | 44187 |
| March each year, a municipal corporation or county that has | 44188 |
| entered into an agreement with an enterprise under section 5709.88 | 44189 |
| of the Revised Code shall submit to the director of development | 44190 |
| and the board of education of each school district of which a | 44191 |
| municipal corporation or county to which such an agreement applies | 44192 |
| is a part a report on all such agreements in effect during the | 44193 |
| preceding calendar year. The report shall include all of the | 44194 |
| following information: | 44195 |
| (1) The number of enterprises that are subject to such | 44196 |
| agreements and the number of full-time employees subject to those | 44197 |
| agreements in the county or municipal corporation; | 44198 |
| (2) The number of agreements approved and executed during the | 44199 |
| calendar year for which the report is submitted, the total number | 44200 |
| of agreements in effect on the thirty-first day of December of the | 44201 |
| preceding calendar year, the number of agreements that expired | 44202 |
| during the calendar year for which the report is submitted, and | 44203 |
| the number of agreements scheduled to expire during the calendar | 44204 |
| year in which the report is submitted. For each agreement that | 44205 |
| expired during the calendar year for which the report is | 44206 |
| submitted, the municipal corporation or county shall include the | 44207 |
| amount of taxes exempted and the estimated dollar value of any | 44208 |
| other incentives provided under the agreement. | 44209 |
| (3) The number of agreements receiving compliance reviews by | 44210 |
| the tax incentive review council in the municipal corporation or | 44211 |
| county under section 5709.883 of the Revised Code during the | 44212 |
| calendar year for which the report is submitted, including all of | 44213 |
| the following information: | 44214 |
| (a) The number of agreements the terms of which an enterprise | 44215 |
| has complied with, indicating separately for each such agreement | 44216 |
| the value of the real and personal property exempted pursuant to | 44217 |
| the agreement and a comparison of the stipulated and actual | 44218 |
| schedules for hiring new employees, for retaining existing | 44219 |
| employees, for the amount of payroll of the enterprise | 44220 |
| attributable to these employees, and for remediating and investing | 44221 |
| in establishing, expanding, renovating, or occupying a facility; | 44222 |
| (b) The number of agreements the terms of which an enterprise | 44223 |
| has failed to comply with, indicating separately for each such | 44224 |
| agreement the value of the real and personal property exempted | 44225 |
| pursuant to the agreement and a comparison of the stipulated and | 44226 |
| actual schedules for hiring new employees, for retaining existing | 44227 |
| employees, for the amount of payroll of the enterprise | 44228 |
| attributable to these employees, and for remediating and investing | 44229 |
| in establishing, expanding, renovating, or occupying a facility; | 44230 |
| (c) The number of agreements about which the tax incentive | 44231 |
| review council made recommendations to the legislative authority | 44232 |
| of the municipal corporation or county, and the number of such | 44233 |
| recommendations that have not been followed; | 44234 |
| (d) The number of agreements rescinded during the calendar | 44235 |
| year for which the report is submitted. | 44236 |
| (4) The number of enterprises that are subject to agreements | 44237 |
| and the number of new employees hired and existing employees | 44238 |
| retained by each such enterprise; | 44239 |
| (5)(a) The number of enterprises that are subject to | 44240 |
| agreements and that closed or reduced employment at any place of | 44241 |
| business within the state for the primary purpose of remediating | 44242 |
| and establishing, expanding, renovating, or occupying a facility, | 44243 |
| indicating separately for each such enterprise the political | 44244 |
| subdivision in which the enterprise closed or reduced employment | 44245 |
| at a place of business and the number of full-time employees | 44246 |
| transferred and retained by each such place of business; | 44247 |
| (b) The number of enterprises that are subject to agreements | 44248 |
| and that closed or reduced employment at any place of business | 44249 |
| outside the state for the primary purpose of remediating and | 44250 |
| establishing, expanding, renovating, or occupying a facility. | 44251 |
| (B) Upon the failure of a municipal corporation or county to | 44252 |
| comply with division (A) of this section, both of the following | 44253 |
| apply: | 44254 |
| (1) Beginning on the first day of April of the calendar year | 44255 |
| in which the municipal corporation or county fails to comply with | 44256 |
| that division, the municipal corporation or county shall not enter | 44257 |
| into any agreements with an enterprise under section 5709.88 of | 44258 |
| the Revised Code until the municipal corporation or county has | 44259 |
| complied with division (A) of this section; | 44260 |
| (2) On the first day of each ensuing calendar month until the | 44261 |
| municipal corporation or county complies with that division, the | 44262 |
| director of development shall either order the proper county | 44263 |
| auditor to deduct from the next succeeding payment of taxes to the | 44264 |
| municipal corporation or county under section 321.31, 321.32, | 44265 |
| 321.33, or 321.34 of the Revised Code an amount equal to five | 44266 |
| hundred dollars for each calendar month the municipal corporation | 44267 |
| or county fails to comply with that division, or order the county | 44268 |
| auditor to deduct such an amount from the next succeeding payment | 44269 |
| to the municipal corporation or county from the undivided local | 44270 |
| 44271 | |
| Code. At the time such a payment is made, the county auditor shall | 44272 |
| comply with the director's order by issuing a warrant, drawn on | 44273 |
| the fund from which such money would have been paid, to the | 44274 |
| director of development, who shall deposit the warrant into the | 44275 |
| contaminated sites development program administration fund created | 44276 |
| in division (C) of this section. | 44277 |
| (C) The director, by rule, shall establish the state's | 44278 |
| application fee for applications submitted to a municipal | 44279 |
| corporation or county to enter into an agreement under section | 44280 |
| 5709.88 of the Revised Code. In establishing the amount of the | 44281 |
| fee, the director shall consider the state's cost of administering | 44282 |
| this section and section 5709.88 of the Revised Code. The director | 44283 |
| may change the amount of the fee at such times and in such | 44284 |
| increments as | 44285 |
| corporation or county that receives an application shall collect | 44286 |
| the application fee and remit the fee for deposit in the state | 44287 |
| treasury to the credit of the contaminated sites development | 44288 |
| program administration fund, which is hereby created. Money | 44289 |
| credited to the fund shall be used by the department of | 44290 |
| development to pay the costs of administering this section and | 44291 |
| section 5709.88 of the Revised Code. | 44292 |
| Sec. 5715.36. (A) Any expense incurred by the tax | 44293 |
| commissioner as to the annual assessment of real property in any | 44294 |
| taxing district shall be paid out of the treasury of the county in | 44295 |
| which such district is located upon presentation of the order of | 44296 |
| the commissioner certifying the amount thereof to the county | 44297 |
|
auditor, who shall thereupon issue | 44298 |
| general fund of the county and direct the warrant to the county | 44299 |
| treasurer, who shall pay the same. All money paid out of the | 44300 |
| county treasury under authority of this division and section | 44301 |
| 5703.30 of the Revised Code shall be charged against the proper | 44302 |
| district, and amounts paid by the county shall be retained by the | 44303 |
| auditor from funds due such district at the time of making the | 44304 |
| semiannual distribution of taxes. | 44305 |
| (B) Any expense incurred by the board of tax appeals as to | 44306 |
| the hearing of any appeal from a county budget commission with | 44307 |
| respect to the allocation of the local government or local | 44308 |
| communities fund or the county library and local government | 44309 |
| support fund or county local libraries fund shall be paid out of | 44310 |
| the treasury of the county involved upon presentation of the order | 44311 |
| of the board certifying the amount thereof to the county auditor, | 44312 |
| who shall thereupon issue | 44313 |
| fund of the county and direct the warrant to the county treasurer, | 44314 |
| who shall pay the same. At the time the local government or local | 44315 |
| communities fund or the county library and local government | 44316 |
| support fund or county local libraries fund is distributed, all | 44317 |
| money which had been paid out of the county treasury for such | 44318 |
| expenses shall be deducted by the county auditor from the fund | 44319 |
| involved in the appeal. The amount so deducted by the county | 44320 |
| auditor shall be forthwith returned to the general fund of the | 44321 |
| county. | 44322 |
| (C) An amount equal to the sum of the expenses incurred by | 44323 |
| the board of tax appeals as to any of the following shall be paid | 44324 |
| out of the general fund of the county in which such property is | 44325 |
| located upon presentation of the order of the board certifying the | 44326 |
| amount thereof to the county auditor, who shall thereupon issue | 44327 |
| 44328 | |
| direct the warrant to the county treasurer, who shall pay the | 44329 |
| same: | 44330 |
| (1) The hearing of any appeal from a county board of revision | 44331 |
| under section 5717.01 of the Revised Code; | 44332 |
| (2) An appeal from any finding, computation, determination, | 44333 |
| or order of the tax commissioner made with respect to the | 44334 |
| assessment or exemption of real property under division (B) of | 44335 |
| section 5715.61 and section 5717.02 of the Revised Code. At the | 44336 |
| time of each settlement of taxes under divisions (A) and (C) of | 44337 |
| section 321.24 of the Revised Code, there shall be deducted from | 44338 |
| the taxes included in such settlement and paid into the county | 44339 |
| general fund in the same manner as the fees allowed the county | 44340 |
| treasurer on amounts included in such settlement, the amounts paid | 44341 |
| out under this division since the preceding settlement. Each | 44342 |
| deduction shall be apportioned among the taxing districts within | 44343 |
| which the property that was the subject of the appeal is located | 44344 |
| in proportion to their relative shares of their respective taxes | 44345 |
| included in the settlement. | 44346 |
| Sec. 5719.041. If the payment of a general personal property | 44347 |
| or classified property tax is not made on or before the last day | 44348 |
| prescribed by section 5719.03 or 5719.031 of the Revised Code, an | 44349 |
| interest charge shall begin to accrue and shall continue until all | 44350 |
| charges are paid, except that no interest charge shall accrue for | 44351 |
| or in the month in which such payment was due under such section | 44352 |
| or under the circumstances and for the period described in | 44353 |
| division (A)(2) of section 5711.33 of the Revised Code or upon | 44354 |
| delinquent taxes that are the subject of a delinquent tax contract | 44355 |
| entered into pursuant to section 5719.05 of the Revised Code. | 44356 |
| The interest charge shall accrue against the balance of such | 44357 |
| taxes and any penalty thereon outstanding that remains unpaid on | 44358 |
| the last day of each month and shall be at the rate per calendar | 44359 |
| month, rounded to the nearest one-hundredth of one per cent, equal | 44360 |
| to one-twelfth of the federal short-term rate determined by the | 44361 |
| tax commissioner under section 5703.47 of the Revised Code for the | 44362 |
| calendar year that includes the month for which the charge | 44363 |
| accrues. The charge is payable in addition to the unpaid balance | 44364 |
| of taxes and penalties on the day the charge accrues, unless the | 44365 |
| entire balance is sooner paid. | 44366 |
| If a delinquent tax contract becomes void, interest shall be | 44367 |
| charged on the day on which the contract becomes void in the | 44368 |
| amount that would have been charged had the delinquent tax | 44369 |
| contract not been entered into and shall thereafter accrue as | 44370 |
| provided in this section. | 44371 |
| Interest shall be allowed, at the same rate per calendar | 44372 |
| month as is applicable that month for underpayments, on any | 44373 |
| overpayment of the tax charged on a general personal property or a | 44374 |
| classified property tax duplicate, from the first day of the month | 44375 |
| following the date of the overpayment until the last day of the | 44376 |
| month preceding the date of the refund of the overpayment. The | 44377 |
| interest shall be paid from the fund or funds to which the | 44378 |
| overpayment was credited. | 44379 |
| When the county treasurer makes the treasurer's annual | 44380 |
| settlement with the county auditor under division (D) of section | 44381 |
| 321.24 of the Revised Code, the treasurer shall certify to the | 44382 |
| auditor a list of all entries on the cumulative delinquent tax | 44383 |
| duplicate that are at that time in the process of being paid in | 44384 |
| installments under a valid delinquent tax contract. For each entry | 44385 |
| that appears on the duplicate that is not on the certified list, | 44386 |
| the auditor shall compute the full amount of interest charges | 44387 |
| which have accrued against such entry since the preceding such | 44388 |
| settlement was made and shall include such charges through the | 44389 |
| last day of the month preceding the current settlement. The | 44390 |
| auditor shall include such amounts on the tax list and duplicates | 44391 |
| prepared by the auditor as prescribed in section 5719.04 of the | 44392 |
| Revised Code unless the interest is less than one dollar, in which | 44393 |
| case it shall not be added to such tax lists and duplicates. | 44394 |
| Before the county treasurer accepts any payment of taxes | 44395 |
| against which there are accrued interest charges that do not | 44396 |
| appear on the delinquent tax duplicate, the treasurer shall notify | 44397 |
| the auditor who shall issue a certificate to the treasurer showing | 44398 |
| the amount of such interest charges, and the treasurer shall | 44399 |
| collect the amount shown on such certificate at the time of | 44400 |
| accepting payment of such taxes. If the amount of such interest | 44401 |
| charges is less than one dollar, no such certificate shall be | 44402 |
| issued. In the case of delinquent personal property taxes, the | 44403 |
| interest shown on such certificate shall be credited to the | 44404 |
| undivided general tax fund, and distributed in the same manner as | 44405 |
| the delinquent taxes upon which the interest charges accrued. In | 44406 |
| the case of delinquent classified property taxes, the interest | 44407 |
| shown on such certificate shall be credited to the
county | 44408 |
| 44409 | |
| accordance with section 5747.48 of the Revised Code. When the | 44410 |
| payment of delinquent taxes is credited on the tax duplicate the | 44411 |
| treasurer shall make a separate notation thereon indicating the | 44412 |
| amount collected and the index number of the auditor's certificate | 44413 |
| herein prescribed. | 44414 |
| Sec. 5725.151. (A) As used in this section, "certificate | 44415 |
| owner" has the same meaning as in section 149.311 of the Revised | 44416 |
| Code. | 44417 |
| (B) There is allowed a refundable credit against the tax | 44418 |
| imposed by section 5707.03 and assessed under section 5725.15 of | 44419 |
| the Revised Code for a dealer in intangibles subject to that tax | 44420 |
| that is a certificate owner of a rehabilitation tax credit | 44421 |
| certificate issued under section 149.311 of the Revised Code. The | 44422 |
| credit shall equal twenty-five per cent of the dollar amount | 44423 |
| indicated on the certificate. The credit shall be claimed in the | 44424 |
| calendar year specified in the certificate. | 44425 |
| (C) A dealer in intangibles claiming a credit under this | 44426 |
| section shall retain the rehabilitation tax credit certificate for | 44427 |
| four years following the end of the year in which the credit was | 44428 |
| claimed, and shall make the certificate available for inspection | 44429 |
| by the tax commissioner upon the request of the tax commissioner | 44430 |
| during that period. | 44431 |
| (D) For the purpose of division (C) of section 5725.24 of the | 44432 |
| Revised Code, reductions in the amount of taxes collected on | 44433 |
| account of credits allowed under this section shall be applied to | 44434 |
| reduce the amount credited to the general revenue fund and shall | 44435 |
| not be applied to reduce the amount to be credited to the | 44436 |
| undivided local | 44437 |
| which such taxes originate. | 44438 |
| Sec. 5725.24. (A) As used in this section, "qualifying | 44439 |
| dealer" means a dealer in intangibles that is a qualifying dealer | 44440 |
| in intangibles as defined in section 5733.45 of the Revised Code | 44441 |
| or a member of a qualifying controlled group, as defined in | 44442 |
| section 5733.04 of the Revised Code, of which an insurance company | 44443 |
| also is a member on the first day of January of the year in and | 44444 |
| for which the tax imposed by section 5707.03 of the Revised Code | 44445 |
| is required to be paid by the dealer. | 44446 |
| (B) The taxes levied by section 5725.18 of the Revised Code | 44447 |
| and collected pursuant to this chapter shall be paid into the | 44448 |
| state treasury to the credit of the general revenue fund. | 44449 |
| (C) The taxes levied by section 5707.03 of the Revised Code | 44450 |
| on the value of shares in and capital employed by dealers in | 44451 |
| intangibles other than those that are qualifying dealers shall be | 44452 |
| for the use of the general revenue fund of the state and the local | 44453 |
| 44454 | |
| taxes originate as provided in this division. | 44455 |
| | 44456 |
| there is money in the state treasury for disbursement under this | 44457 |
| division, the tax commissioner shall provide for payment to the | 44458 |
| county treasurer of each county of five-eighths of the amount of | 44459 |
| the taxes collected on account of shares in and capital employed | 44460 |
| by dealers in intangibles other than those that are qualifying | 44461 |
| dealers, representing capital employed in the county. The balance | 44462 |
| of the money received and credited on account of taxes assessed on | 44463 |
| shares in and capital employed by such dealers in intangibles | 44464 |
| shall be credited to the general revenue fund. | 44465 |
| Reductions in the amount of taxes collected on account of | 44466 |
| credits allowed under section 5725.151 of the Revised Code shall | 44467 |
| be applied to reduce the amount credited to the general revenue | 44468 |
| fund and shall not be applied to reduce the amount to be credited | 44469 |
| to the undivided local | 44470 |
| counties in which such taxes originate. | 44471 |
| For the purpose of this division, such taxes are deemed to | 44472 |
| originate in the counties in which such dealers in intangibles | 44473 |
| have their offices. | 44474 |
| Money received into the treasury of a county pursuant to this | 44475 |
|
section shall be credited to the undivided local | 44476 |
| communities fund of the county and shall be distributed by the | 44477 |
| budget commission as provided by law. | 44478 |
| (D) All of the taxes levied under section 5707.03 of the | 44479 |
| Revised Code on the value of the shares in and capital employed by | 44480 |
| dealers in intangibles that are qualifying dealers shall be paid | 44481 |
| into the state treasury to the credit of the general revenue fund. | 44482 |
| Sec. 5727.45. | 44483 |
| all excise taxes and penalties collected under sections 5727.01 to | 44484 |
| 5727.62
of
the Revised Code shall be credited to | 44485 |
| 44486 | |
| 44487 | |
| 44488 | |
| 44489 | |
| 44490 | |
| the general revenue fund. | 44491 |
| Sec. 5727.81. (A) For the purpose of raising revenue for | 44492 |
| public education and state and local government operations, an | 44493 |
| excise tax is hereby levied and imposed on an electric | 44494 |
| distribution company for all electricity distributed by such | 44495 |
|
company | 44496 |
| 44497 | |
| distributed in a thirty-day period by the company through a meter | 44498 |
| of an end user in this state: | 44499 |
| KILOWATT HOURS DISTRIBUTED | RATE PER | 44500 | |||
| TO AN END USER | KILOWATT HOUR | 44501 | |||
| For the first 2,000 | $.00465 | 44502 | |||
| For the next 2,001 to 15,000 | $.00419 | 44503 | |||
| For 15,001 and above | $.00363 | 44504 |
| If no meter is used to measure the kilowatt hours of | 44505 |
| electricity distributed by the company, the rates shall apply to | 44506 |
| the estimated kilowatt hours of electricity distributed to an | 44507 |
| unmetered location in this state. | 44508 |
| The electric distribution company shall base the monthly tax | 44509 |
| on the kilowatt hours of electricity distributed to an end user | 44510 |
| through the meter of the end user that is not measured for a | 44511 |
| thirty-day period by dividing the days in the measurement period | 44512 |
| into the total kilowatt hours measured during the measurement | 44513 |
| period to obtain a daily average usage. The tax shall be | 44514 |
| determined by obtaining the sum of divisions (A)(1), (2), and (3) | 44515 |
| of this section and multiplying that amount by the number of days | 44516 |
| in the measurement period: | 44517 |
| (1) Multiplying $0.00465 per kilowatt hour for the first | 44518 |
| sixty-seven kilowatt hours distributed using a daily average; | 44519 |
| (2) Multiplying $0.00419 for the next sixty-eight to five | 44520 |
| hundred kilowatt hours distributed using a daily average; | 44521 |
| (3) Multiplying $0.00363 for the remaining kilowatt hours | 44522 |
| distributed using a daily average. | 44523 |
| | 44524 |
| 44525 | |
| 44526 | |
| 44527 | |
| provided in division (C) of this section, the electric | 44528 |
| distribution company shall pay the tax to the tax commissioner in | 44529 |
| accordance with section 5727.82 of the Revised Code, unless | 44530 |
| required to remit each tax payment by electronic funds transfer to | 44531 |
| the treasurer of state in accordance with section 5727.83 of the | 44532 |
| Revised Code. | 44533 |
| Only the distribution of electricity through a meter of an | 44534 |
| end user in this state shall be used by the electric distribution | 44535 |
| company to compute the amount or estimated amount of tax due. In | 44536 |
| the event a meter is not actually read for a measurement period, | 44537 |
| the estimated kilowatt hours distributed by an electric | 44538 |
| distribution company to bill for its distribution charges shall be | 44539 |
| used. | 44540 |
| (B) Except as provided in division (C) of this section, each | 44541 |
| electric distribution company shall pay the tax imposed by this | 44542 |
| section in all of the following circumstances: | 44543 |
| (1) The electricity is distributed by the company through a | 44544 |
| meter of an end user in this state; | 44545 |
| (2) The company is distributing electricity through a meter | 44546 |
| located in another state, but the electricity is consumed in this | 44547 |
| state in the manner prescribed by the tax commissioner; | 44548 |
| (3) The company is distributing electricity in this state | 44549 |
| without the use of a meter, but the electricity is consumed in | 44550 |
| this state as estimated and in the manner prescribed by the tax | 44551 |
| commissioner. | 44552 |
| (C)(1) As used in division (C) of this section: | 44553 |
| (a) "Total price of electricity" means the aggregate value in | 44554 |
| money of anything paid or transferred, or promised to be paid or | 44555 |
| transferred, to obtain electricity or electric service, including | 44556 |
| but not limited to the value paid or promised to be paid for the | 44557 |
| transmission or distribution of electricity and for transition | 44558 |
| costs as described in Chapter 4928. of the Revised Code. | 44559 |
| (b) "Package" means the provision or the acquisition, at a | 44560 |
| combined price, of electricity with other services or products, or | 44561 |
| any combination thereof, such as natural gas or other fuels; | 44562 |
| energy management products, software, and services; machinery and | 44563 |
| equipment acquisition; and financing agreements. | 44564 |
| (c) "Single location" means a facility located on contiguous | 44565 |
| property separated only by a roadway, railway, or waterway. | 44566 |
| (2) Division (C) of this section applies to any commercial or | 44567 |
| industrial purchaser's receipt of electricity through a meter of | 44568 |
| an end user in this state or through more than one meter at a | 44569 |
| single location in this state in a quantity that exceeds | 44570 |
| forty-five million kilowatt hours of electricity over the course | 44571 |
| of the preceding calendar year, or any commercial or industrial | 44572 |
| purchaser that will consume more than forty-five million kilowatt | 44573 |
| hours of electricity over the course of the succeeding twelve | 44574 |
| months as estimated by the tax commissioner. The tax commissioner | 44575 |
| shall make such an estimate upon the written request by an | 44576 |
| applicant for registration as a self-assessing purchaser under | 44577 |
| this division. Such a purchaser may elect to self-assess the | 44578 |
| excise tax imposed by this section at the rate of $.00075 per | 44579 |
| kilowatt hour on the first five hundred four million kilowatt | 44580 |
| hours distributed to that meter or location during the | 44581 |
|
registration year, and | 44582 |
| price of all electricity distributed to that meter or location | 44583 |
| equal to four per cent through June 30, 2008, and three and | 44584 |
| one-half per cent for July 1, 2008, and thereafter. A qualified | 44585 |
| end user that receives electricity through a meter of an end user | 44586 |
| in this state or through more than one meter at a single location | 44587 |
| in this state and that consumes, over the course of the previous | 44588 |
| calendar year, more than forty-five million kilowatt hours in | 44589 |
| other than its qualifying manufacturing process, may elect to | 44590 |
| self-assess the tax as allowed by this division with respect to | 44591 |
| the electricity used in other than its qualifying manufacturing | 44592 |
|
process.
| 44593 |
| 44594 | |
| 44595 | |
| 44596 |
| Payment of the tax shall be made directly to the tax | 44597 |
| commissioner in accordance with divisions (A)(4) and (5) of | 44598 |
| section 5727.82 of the Revised Code, or the treasurer of state in | 44599 |
| accordance with section 5727.83 of the Revised Code. If the | 44600 |
| electric distribution company serving the self-assessing purchaser | 44601 |
| is a municipal electric utility and the purchaser is within the | 44602 |
| municipal corporation's corporate limits, payment shall be made to | 44603 |
| such municipal corporation's general fund and reports shall be | 44604 |
| filed in accordance with divisions (A)(4) and (5) of section | 44605 |
| 5727.82 of the Revised Code, except that "municipal corporation" | 44606 |
| shall be substituted for "treasurer of state" and "tax | 44607 |
| commissioner." A self-assessing purchaser that pays the excise tax | 44608 |
| as provided in this division shall not be required to pay the tax | 44609 |
| to the electric distribution company from which its electricity is | 44610 |
| distributed. If a self-assessing purchaser's receipt of | 44611 |
| electricity is not subject to the tax as measured under this | 44612 |
| division, the tax on the receipt of such electricity shall be | 44613 |
| measured and paid as provided in division (A) of this section. | 44614 |
| (3) In the case of the acquisition of a package, unless the | 44615 |
| elements of the package are separately stated isolating the total | 44616 |
| price of electricity from the price of the remaining elements of | 44617 |
| the package, the tax imposed under this section applies to the | 44618 |
| entire price of the package. If the elements of the package are | 44619 |
| separately stated, the tax imposed under this section applies to | 44620 |
| the total price of the electricity. | 44621 |
| (4) Any electric supplier that sells electricity as part of a | 44622 |
| package shall separately state to the purchaser the total price of | 44623 |
| the electricity and, upon request by the tax commissioner, the | 44624 |
| total price of each of the other elements of the package. | 44625 |
| (5) The tax commissioner may adopt rules relating to the | 44626 |
| computation of the total price of electricity with respect to | 44627 |
| self-assessing purchasers, which may include rules to establish | 44628 |
| the total price of electricity purchased as part of a package. | 44629 |
| (6) An annual application for registration as a | 44630 |
| self-assessing purchaser shall be made for each qualifying meter | 44631 |
| or location on a form prescribed by the tax commissioner. The | 44632 |
| registration year begins on the first day of May and ends on the | 44633 |
| following thirtieth day of April. Persons may apply after the | 44634 |
| first day of May for the remainder of the registration year. In | 44635 |
| the case of an applicant applying on the basis of an estimated | 44636 |
| consumption of forty-five million kilowatt hours over the course | 44637 |
| of the succeeding twelve months, the applicant shall provide such | 44638 |
| information as the tax commissioner considers to be necessary to | 44639 |
| estimate such consumption. At the time of making the application | 44640 |
|
and by the first day of May of each year, | 44641 |
| self-assessing purchaser shall pay a fee of five hundred dollars | 44642 |
| to the tax commissioner, or to the treasurer of state as provided | 44643 |
| in section 5727.83 of the Revised Code, for each qualifying meter | 44644 |
| or location. The tax commissioner shall immediately pay to the | 44645 |
| treasurer of state all amounts that the tax commissioner receives | 44646 |
| under this section. The treasurer of state shall deposit such | 44647 |
| amounts into the kilowatt hour excise tax administration fund, | 44648 |
| which is hereby created in the state treasury. Money in the fund | 44649 |
| shall be used to defray the tax commissioner's cost in | 44650 |
| administering the tax owed under section 5727.81 of the Revised | 44651 |
| Code by self-assessing purchasers. After the application is | 44652 |
| approved by the tax commissioner, the registration shall remain in | 44653 |
| effect for the current registration year, or until canceled by the | 44654 |
| registrant upon written notification to the commissioner of the | 44655 |
| election to pay the tax in accordance with division (A) of this | 44656 |
| section, or until canceled by the tax commissioner for not paying | 44657 |
| the tax or fee under division (C) of this section or for not | 44658 |
| meeting the qualifications in division (C)(2) of this section. The | 44659 |
| tax commissioner shall give written notice to the electric | 44660 |
| distribution company from which electricity is delivered to a | 44661 |
| self-assessing purchaser of the purchaser's self-assessing status, | 44662 |
| and the electric distribution company is relieved of the | 44663 |
| obligation to pay the tax imposed by division (A) of this section | 44664 |
| for electricity distributed to that self-assessing purchaser until | 44665 |
| it is notified by the tax commissioner that the self-assessing | 44666 |
| purchaser's registration is canceled. Within fifteen days of | 44667 |
| notification of the canceled registration, the electric | 44668 |
| distribution company shall be responsible for payment of the tax | 44669 |
| imposed by division (A) of this section on electricity distributed | 44670 |
| to a purchaser that is no longer registered as a self-assessing | 44671 |
| purchaser. A self-assessing purchaser with a canceled registration | 44672 |
| must file a report and remit the tax imposed by division (A) of | 44673 |
| this section on all electricity it receives for any measurement | 44674 |
| period prior to the tax being reported and paid by the electric | 44675 |
| distribution company. A self-assessing purchaser whose | 44676 |
| registration is canceled by the tax commissioner is not eligible | 44677 |
| to register as a self-assessing purchaser for two years after the | 44678 |
| registration is canceled. | 44679 |
| (7) If the tax commissioner cancels the self-assessing | 44680 |
| registration of a purchaser registered on the basis of its | 44681 |
| estimated consumption because the purchaser does not consume at | 44682 |
| least forty-five million kilowatt hours of electricity over the | 44683 |
| course of the twelve-month period for which the estimate was made, | 44684 |
| the tax commissioner shall assess and collect from the purchaser | 44685 |
| the difference between (a) the amount of tax that would have been | 44686 |
| payable under division (A) of this section on the electricity | 44687 |
| distributed to the purchaser during that period and (b) the amount | 44688 |
| of tax paid by the purchaser on such electricity pursuant to | 44689 |
| division (C)(2)(a) of this section. The assessment shall be paid | 44690 |
| within sixty days after the tax commissioner issues it, regardless | 44691 |
| of whether the purchaser files a petition for reassessment under | 44692 |
| section 5727.89 of the Revised Code covering that period. If the | 44693 |
| purchaser does not pay the assessment within the time prescribed, | 44694 |
| the amount assessed is subject to the additional charge and the | 44695 |
| interest prescribed by divisions (B) and (C) of section 5727.82 of | 44696 |
| the Revised Code, and is subject to assessment under section | 44697 |
| 5727.89 of the Revised Code. If the purchaser is a qualified end | 44698 |
| user, division (C)(7) of this section applies only to electricity | 44699 |
| it consumes in other than its qualifying manufacturing process. | 44700 |
| (D) The tax imposed by this section does not apply to the | 44701 |
| distribution of any kilowatt hours of electricity to the federal | 44702 |
| government, to an end user located at a federal facility that uses | 44703 |
| electricity for the enrichment of uranium, to a qualified | 44704 |
| regeneration meter, or to an end user for any day the end user is | 44705 |
| a qualified end user. The exemption under this division for a | 44706 |
| qualified end user only applies to the manufacturing location | 44707 |
| where the qualified end user uses more than three million kilowatt | 44708 |
| hours per day in a qualifying manufacturing process. | 44709 |
| Sec. 5727.84. (A) As used in this section and sections | 44710 |
| 5727.85, 5727.86, and 5727.87 of the Revised Code: | 44711 |
| (1) "School district" means a city, local, or exempted | 44712 |
| village school district. | 44713 |
| (2) "Joint vocational school district" means a joint | 44714 |
| vocational school district created under section 3311.16 of the | 44715 |
| Revised Code, and includes a cooperative education school district | 44716 |
| created under section 3311.52 or 3311.521 of the Revised Code and | 44717 |
| a county school financing district created under section 3311.50 | 44718 |
| of the Revised Code. | 44719 |
| (3) "Local taxing unit" means a subdivision or taxing unit, | 44720 |
| as defined in section 5705.01 of the Revised Code, a park district | 44721 |
| created under Chapter 1545. of the Revised Code, or a township | 44722 |
| park district established under section 511.23 of the Revised | 44723 |
| Code, but excludes school districts and joint vocational school | 44724 |
| districts. | 44725 |
| (4) "State education aid," for a school district, means the | 44726 |
| sum of state aid amounts computed for the district under divisions | 44727 |
| (A), (C)(1), (C)(4), (D), (E), and (F) of section 3317.022; | 44728 |
| divisions (B), (C), and (D) of section 3317.023; divisions (G), | 44729 |
| (L), and (N) of section 3317.024; and sections 3317.029, | 44730 |
| 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of | 44731 |
| the Revised Code; and the adjustments required by: division (C) of | 44732 |
| section 3310.08; division (C) of section 3314.08; division (D) of | 44733 |
| section 3314.13; divisions (E), (K), (L), (M), (N), and (O) of | 44734 |
| section 3317.023; division (C) of section 3317.20; and sections | 44735 |
| 3313.979 and 3313.981 of the Revised Code. However, when | 44736 |
| calculating state education aid for a school district for fiscal | 44737 |
| years | 44738 |
| district under Section | 44739 |
| of the | 44740 |
| instead of division (D) of section 3317.022 of the Revised Code; | 44741 |
| include amounts calculated under Section | 44742 |
| 44743 | |
| adjustments under division (C)(2) of section 3310.41 of the | 44744 |
| Revised Code. | 44745 |
| (5) "State education aid," for a joint vocational school | 44746 |
| district, means the sum of the state aid amounts computed for the | 44747 |
| district under division (N) of section 3317.024 and section | 44748 |
| 3317.16 of the Revised Code. However, when calculating state | 44749 |
| education aid for a joint vocational school district for fiscal | 44750 |
| years | 44751 |
| district under Section | 44752 |
| of the | 44753 |
| (6) "State education aid offset" means the amount determined | 44754 |
| for each school district or joint vocational school district under | 44755 |
| division (A)(1) of section 5727.85 of the Revised Code. | 44756 |
| (7) "Recognized valuation" has the same meaning as in section | 44757 |
| 3317.02 of the Revised Code. | 44758 |
| (8) "Electric company tax value loss" means the amount | 44759 |
| determined under division (D) of this section. | 44760 |
| (9) "Natural gas company tax value loss" means the amount | 44761 |
| determined under division (E) of this section. | 44762 |
| (10) "Tax value loss" means the sum of the electric company | 44763 |
| tax value loss and the natural gas company tax value loss. | 44764 |
| (11) "Fixed-rate levy" means any tax levied on property other | 44765 |
| than a fixed-sum levy. | 44766 |
| (12) "Fixed-rate levy loss" means the amount determined under | 44767 |
| division (G) of this section. | 44768 |
| (13) "Fixed-sum levy" means a tax levied on property at | 44769 |
| whatever rate is required to produce a specified amount of tax | 44770 |
| money or levied in excess of the ten-mill limitation to pay debt | 44771 |
| charges, and includes school district emergency levies imposed | 44772 |
| pursuant to section 5705.194 of the Revised Code. | 44773 |
| (14) "Fixed-sum levy loss" means the amount determined under | 44774 |
| division (H) of this section. | 44775 |
| (15) "Consumer price index" means the consumer price index | 44776 |
| (all items, all urban consumers) prepared by the bureau of labor | 44777 |
| statistics of the United States department of labor. | 44778 |
| (B) The kilowatt-hour tax receipts fund is hereby created in | 44779 |
| the state treasury and shall consist of money arising from the tax | 44780 |
| imposed by section 5727.81 of the Revised Code. All money in the | 44781 |
| kilowatt-hour tax receipts fund shall be credited as follows: | 44782 |
| (1) | 44783 |
| Sixty-three
per
cent | 44784 |
| fund. | 44785 |
| (2) | 44786 |
| 44787 | |
| 44788 |
| | 44789 |
| 44790 | |
| 44791 | |
| 44792 |
| | 44793 |
| the school district property tax replacement fund, which is hereby | 44794 |
| created in the state treasury for the purpose of making the | 44795 |
| payments described in section 5727.85 of the Revised Code. | 44796 |
| | 44797 |
| the local government property tax replacement fund, which is | 44798 |
| hereby created in the state treasury for the purpose of making the | 44799 |
| payments described in section 5727.86 of the Revised Code. | 44800 |
| (C) The natural gas tax receipts fund is hereby created in | 44801 |
| the state treasury and shall consist of money arising from the tax | 44802 |
| imposed by section 5727.811 of the Revised Code. All money in the | 44803 |
| fund shall be credited as follows: | 44804 |
| (1) Sixty-eight and seven-tenths per cent shall be credited | 44805 |
| to the school district property tax replacement fund for the | 44806 |
| purpose of making the payments described in section 5727.85 of the | 44807 |
| Revised Code. | 44808 |
| (2) Thirty-one and three-tenths per cent shall be credited to | 44809 |
| the local government property tax replacement fund for the purpose | 44810 |
| of making the payments described in section 5727.86 of the Revised | 44811 |
| Code. | 44812 |
| (D) Not later than January 1, 2002, the tax commissioner | 44813 |
| shall determine for each taxing district its electric company tax | 44814 |
| value loss, which is the sum of the applicable amounts described | 44815 |
| in divisions (D)(1) to (3) of this section: | 44816 |
| (1) The difference obtained by subtracting the amount | 44817 |
| described in division (D)(1)(b) from the amount described in | 44818 |
| division (D)(1)(a) of this section. | 44819 |
| (a) The value of electric company and rural electric company | 44820 |
| tangible personal property as assessed by the tax commissioner for | 44821 |
| tax year 1998 on a preliminary assessment, or an amended | 44822 |
| preliminary assessment if issued prior to March 1, 1999, and as | 44823 |
| apportioned to the taxing district for tax year 1998; | 44824 |
| (b) The value of electric company and rural electric company | 44825 |
| tangible personal property as assessed by the tax commissioner for | 44826 |
| tax year 1998 had the property been apportioned to the taxing | 44827 |
| district for tax year 2001, and assessed at the rates in effect | 44828 |
| for tax year 2001. | 44829 |
| (2) The difference obtained by subtracting the amount | 44830 |
| described in division (D)(2)(b) from the amount described in | 44831 |
| division (D)(2)(a) of this section. | 44832 |
| (a) The three-year average for tax years 1996, 1997, and 1998 | 44833 |
| of the assessed value from nuclear fuel materials and assemblies | 44834 |
| assessed against a person under Chapter 5711. of the Revised Code | 44835 |
| from the leasing of them to an electric company for those | 44836 |
| respective tax years, as reflected in the preliminary assessments; | 44837 |
| (b) The three-year average assessed value from nuclear fuel | 44838 |
| materials and assemblies assessed under division (D)(2)(a) of this | 44839 |
| section for tax years 1996, 1997, and 1998, as reflected in the | 44840 |
| preliminary assessments, using an assessment rate of twenty-five | 44841 |
| per cent. | 44842 |
| (3) In the case of a taxing district having a nuclear power | 44843 |
| plant within its territory, any amount, resulting in an electric | 44844 |
| company tax value loss, obtained by subtracting the amount | 44845 |
| described in division (D)(1) of this section from the difference | 44846 |
| obtained by subtracting the amount described in division (D)(3)(b) | 44847 |
| of this section from the amount described in division (D)(3)(a) of | 44848 |
| this section. | 44849 |
| (a) The value of electric company tangible personal property | 44850 |
| as assessed by the tax commissioner for tax year 2000 on a | 44851 |
| preliminary assessment, or an amended preliminary assessment if | 44852 |
| issued prior to March 1, 2001, and as apportioned to the taxing | 44853 |
| district for tax year 2000; | 44854 |
| (b) The value of electric company tangible personal property | 44855 |
| as assessed by the tax commissioner for tax year 2001 on a | 44856 |
| preliminary assessment, or an amended preliminary assessment if | 44857 |
| issued prior to March 1, 2002, and as apportioned to the taxing | 44858 |
| district for tax year 2001. | 44859 |
| (E) Not later than January 1, 2002, the tax commissioner | 44860 |
| shall determine for each taxing district its natural gas company | 44861 |
| tax value loss, which is the sum of the amounts described in | 44862 |
| divisions (E)(1) and (2) of this section: | 44863 |
| (1) The difference obtained by subtracting the amount | 44864 |
| described in division (E)(1)(b) from the amount described in | 44865 |
| division (E)(1)(a) of this section. | 44866 |
| (a) The value of all natural gas company tangible personal | 44867 |
| property, other than property described in division (E)(2) of this | 44868 |
| section, as assessed by the tax commissioner for tax year 1999 on | 44869 |
| a preliminary assessment, or an amended preliminary assessment if | 44870 |
| issued prior to March 1, 2000, and apportioned to the taxing | 44871 |
| district for tax year 1999; | 44872 |
| (b) The value of all natural gas company tangible personal | 44873 |
| property, other than property described in division (E)(2) of this | 44874 |
| section, as assessed by the tax commissioner for tax year 1999 had | 44875 |
| the property been apportioned to the taxing district for tax year | 44876 |
| 2001, and assessed at the rates in effect for tax year 2001. | 44877 |
| (2) The difference in the value of current gas obtained by | 44878 |
| subtracting the amount described in division (E)(2)(b) from the | 44879 |
| amount described in division (E)(2)(a) of this section. | 44880 |
| (a) The three-year average assessed value of current gas as | 44881 |
| assessed by the tax commissioner for tax years 1997, 1998, and | 44882 |
| 1999 on a preliminary assessment, or an amended preliminary | 44883 |
| assessment if issued prior to March 1, 2001, and as apportioned in | 44884 |
| the taxing district for those respective years; | 44885 |
| (b) The three-year average assessed value from current gas | 44886 |
| under division (E)(2)(a) of this section for tax years 1997, 1998, | 44887 |
| and 1999, as reflected in the preliminary assessment, using an | 44888 |
| assessment rate of twenty-five per cent. | 44889 |
| (F) The tax commissioner may request that natural gas | 44890 |
| companies, electric companies, and rural electric companies file a | 44891 |
| report to help determine the tax value loss under divisions (D) | 44892 |
| and (E) of this section. The report shall be filed within thirty | 44893 |
| days of the commissioner's request. A company that fails to file | 44894 |
| the report or does not timely file the report is subject to the | 44895 |
| penalty in section 5727.60 of the Revised Code. | 44896 |
| (G) Not later than January 1, 2002, the tax commissioner | 44897 |
| shall determine for each school district, joint vocational school | 44898 |
| district, and local taxing unit its fixed-rate levy loss, which is | 44899 |
| the sum of its electric company tax value loss multiplied by the | 44900 |
| tax rate in effect in tax year 1998 for fixed-rate levies and its | 44901 |
| natural gas company tax value loss multiplied by the tax rate in | 44902 |
| effect in tax year 1999 for fixed-rate levies. | 44903 |
| (H) Not later than January 1, 2002, the tax commissioner | 44904 |
| shall determine for each school district, joint vocational school | 44905 |
| district, and local taxing unit its fixed-sum levy loss, which is | 44906 |
| the amount obtained by subtracting the amount described in | 44907 |
| division (H)(2) of this section from the amount described in | 44908 |
| division (H)(1) of this section: | 44909 |
| (1) The sum of the electric company tax value loss multiplied | 44910 |
| by the tax rate in effect in tax year 1998, and the natural gas | 44911 |
| company tax value loss multiplied by the tax rate in effect in tax | 44912 |
| year 1999, for fixed-sum levies for all taxing districts within | 44913 |
| each school district, joint vocational school district, and local | 44914 |
| taxing unit. For the years 2002 through 2006, this computation | 44915 |
| shall include school district emergency levies that existed in | 44916 |
| 1998 in the case of the electric company tax value loss, and 1999 | 44917 |
| in the case of the natural gas company tax value loss, and all | 44918 |
| other fixed-sum levies that existed in 1998 in the case of the | 44919 |
| electric company tax value loss and 1999 in the case of the | 44920 |
| natural gas company tax value loss and continue to be charged in | 44921 |
| the tax year preceding the distribution year. For the years 2007 | 44922 |
| through 2016 in the case of school district emergency levies, and | 44923 |
| for all years after 2006 in the case of all other fixed-sum | 44924 |
| levies, this computation shall exclude all fixed-sum levies that | 44925 |
| existed in 1998 in the case of the electric company tax value loss | 44926 |
| and 1999 in the case of the natural gas company tax value loss, | 44927 |
| but are no longer in effect in the tax year preceding the | 44928 |
| distribution year. For the purposes of this section, an emergency | 44929 |
| levy that existed in 1998 in the case of the electric company tax | 44930 |
| value loss, and 1999 in the case of the natural gas company tax | 44931 |
| value loss, continues to exist in a year beginning on or after | 44932 |
| January 1, 2007, but before January 1, 2017, if, in that year, the | 44933 |
| board of education levies a school district emergency levy for an | 44934 |
| annual sum at least equal to the annual sum levied by the board in | 44935 |
| tax year 1998 or 1999, respectively, less the amount of the | 44936 |
| payment certified under this division for 2002. | 44937 |
| (2) The total taxable value in tax year 1999 less the tax | 44938 |
| value loss in each school district, joint vocational school | 44939 |
| district, and local taxing unit multiplied by one-fourth of one | 44940 |
| mill. | 44941 |
| If the amount computed under division (H) of this section for | 44942 |
| any school district, joint vocational school district, or local | 44943 |
| taxing unit is greater than zero, that amount shall equal the | 44944 |
| fixed-sum levy loss reimbursed pursuant to division (E) of section | 44945 |
| 5727.85 of the Revised Code or division (A)(2) of section 5727.86 | 44946 |
| of the Revised Code, and the one-fourth of one mill that is | 44947 |
| subtracted under division (H)(2) of this section shall be | 44948 |
| apportioned among all contributing fixed-sum levies in the | 44949 |
| proportion of each levy to the sum of all fixed-sum levies within | 44950 |
| each school district, joint vocational school district, or local | 44951 |
| taxing unit. | 44952 |
| (I) Notwithstanding divisions (D), (E), (G), and (H) of this | 44953 |
| section, in computing the tax value loss, fixed-rate levy loss, | 44954 |
| and fixed-sum levy loss, the tax commissioner shall use the | 44955 |
| greater of the 1998 tax rate or the 1999 tax rate in the case of | 44956 |
| levy losses associated with the electric company tax value loss, | 44957 |
| but the 1999 tax rate shall not include for this purpose any tax | 44958 |
| levy approved by the voters after June 30, 1999, and the tax | 44959 |
| commissioner shall use the greater of the 1999 or the 2000 tax | 44960 |
| rate in the case of levy losses associated with the natural gas | 44961 |
| company tax value loss. | 44962 |
| (J) Not later than January 1, 2002, the tax commissioner | 44963 |
| shall certify to the department of education the tax value loss | 44964 |
| determined under divisions (D) and (E) of this section for each | 44965 |
| taxing district, the fixed-rate levy loss calculated under | 44966 |
| division (G) of this section, and the fixed-sum levy loss | 44967 |
| calculated under division (H) of this section. The calculations | 44968 |
| under divisions (G) and (H) of this section shall separately | 44969 |
| display the levy loss for each levy eligible for reimbursement. | 44970 |
| (K) Not later than September 1, 2001, the tax commissioner | 44971 |
| shall certify the amount of the fixed-sum levy loss to the county | 44972 |
| auditor of each county in which a school district with a fixed-sum | 44973 |
| levy loss has territory. | 44974 |
| Sec. 5727.85. (A) By the thirty-first day of July of each | 44975 |
| year, beginning in 2002 and ending in 2016, the department of | 44976 |
| education shall determine the following for each school district | 44977 |
| and each joint vocational school district eligible for payment | 44978 |
| under division (C) or (D) of this section: | 44979 |
| (1) The state education aid offset, which is the difference | 44980 |
| obtained by subtracting the amount described in division (A)(1)(b) | 44981 |
| of this section from the amount described in division (A)(1)(a) of | 44982 |
| this section: | 44983 |
| (a) The state education aid computed for the school district | 44984 |
| or joint vocational school district for the current fiscal year as | 44985 |
| of the thirty-first day of July; | 44986 |
| (b) The state education aid that would be computed for the | 44987 |
| school district or joint vocational school district for the | 44988 |
| current fiscal year as of the thirty-first day of July if the | 44989 |
| recognized valuation included the tax value loss for the school | 44990 |
| district or joint vocational school district. | 44991 |
| (2) The greater of zero or the difference obtained by | 44992 |
| subtracting the state education aid offset determined under | 44993 |
| division (A)(1) of this section from the fixed-rate levy loss | 44994 |
| certified under division (J) of section 5727.84 of the Revised | 44995 |
| Code for all taxing districts in each school district and joint | 44996 |
| vocational school district. | 44997 |
| By the fifth day of August of each such year, the department | 44998 |
| of education shall certify the amount so determined under division | 44999 |
| (A)(1) of this section to the director of budget and management. | 45000 |
| (B) Not later than the thirty-first day of October of the | 45001 |
| years 2006 through 2016, the department of education shall | 45002 |
| determine all of the following for each school district: | 45003 |
| (1) The amount obtained by subtracting the district's state | 45004 |
| education aid computed for fiscal year 2002 from the district's | 45005 |
| state education aid computed for the current fiscal year; | 45006 |
| (2) The inflation-adjusted property tax loss. The | 45007 |
| inflation-adjusted property tax loss equals the fixed-rate levy | 45008 |
| loss, excluding the tax loss from levies within the ten-mill | 45009 |
| limitation to pay debt charges, determined under division (G) of | 45010 |
| section 5727.84 of the Revised Code for all taxing districts in | 45011 |
| each school district, plus the product obtained by multiplying | 45012 |
| that loss by the cumulative percentage increase in the consumer | 45013 |
| price index from January 1, 2002, to the thirtieth day of June of | 45014 |
| the current year. | 45015 |
| (3) The difference obtained by subtracting the amount | 45016 |
| computed under division (B)(1) from the amount of the | 45017 |
| inflation-adjusted property tax loss. If this difference is zero | 45018 |
| or a negative number, no further payments shall be made under | 45019 |
| division (C) of this section to the school district from the | 45020 |
| school district property tax replacement fund. | 45021 |
| (C) The department of education shall pay from the school | 45022 |
| district property tax replacement fund to each school district all | 45023 |
| of the following: | 45024 |
| (1) In February 2002, one-half of the fixed-rate levy loss | 45025 |
| certified under division (J) of section 5727.84 of the Revised | 45026 |
| Code between the twenty-first and twenty-eighth days of February. | 45027 |
| (2) From August 2002 through August 2017, one-half of the | 45028 |
| amount calculated for that fiscal year under division (A)(2) of | 45029 |
| this section between the twenty-first and twenty-eighth days of | 45030 |
| August and of February, provided the difference computed under | 45031 |
| division (B)(3) of this section is not less than or equal to zero. | 45032 |
| For taxes levied within the ten-mill limitation for debt | 45033 |
| purposes in tax year 1998 in the case of electric company tax | 45034 |
| value losses, and in tax year 1999 in the case of natural gas | 45035 |
| company tax value losses, payments shall be made equal to one | 45036 |
| hundred per cent of the loss computed as if the tax were a | 45037 |
| fixed-rate levy, but those payments shall extend from fiscal year | 45038 |
| 2006 through fiscal year 2016. | 45039 |
| The department of education shall report to each school | 45040 |
| district the apportionment of the payments among the school | 45041 |
| district's funds based on the certifications under division (J) of | 45042 |
| section 5727.84 of the Revised Code. | 45043 |
| (D) Not later than January 1, 2002, for all taxing districts | 45044 |
| in each joint vocational school district, the tax commissioner | 45045 |
| shall certify to the department of education the fixed-rate levy | 45046 |
| loss determined under division (G) of section 5727.84 of the | 45047 |
| Revised Code. From February 2002 to August 2016, the department | 45048 |
| shall pay from the school district property tax replacement fund | 45049 |
| to the joint vocational school district one-half of the amount | 45050 |
| calculated for that fiscal year under division (A)(2) of this | 45051 |
| section between the twenty-first and twenty-eighth days of August | 45052 |
| and of February. | 45053 |
| (E)(1) Not later than January 1, 2002, for each fixed-sum | 45054 |
| levy levied by each school district or joint vocational school | 45055 |
| district and for each year for which a determination is made under | 45056 |
| division (H) of section 5727.84 of the Revised Code that a | 45057 |
| fixed-sum levy loss is to be reimbursed, the tax commissioner | 45058 |
| shall certify to the department of education the fixed-sum levy | 45059 |
| loss determined under that division. The certification shall cover | 45060 |
| a time period sufficient to include all fixed-sum levies for which | 45061 |
| the tax commissioner made such a determination. The department | 45062 |
| shall pay from the school district property tax replacement fund | 45063 |
| to the school district or joint vocational school district | 45064 |
| one-half of the fixed-sum levy loss so certified for each year | 45065 |
| between the twenty-first and twenty-eighth days of August and of | 45066 |
| February. | 45067 |
| (2) Beginning in 2003, by the thirty-first day of January of | 45068 |
| each year, the tax commissioner shall review the certification | 45069 |
| originally made under division (E)(1) of this section. If the | 45070 |
| commissioner determines that a debt levy that had been scheduled | 45071 |
| to be reimbursed in the current year has expired, a revised | 45072 |
| certification for that and all subsequent years shall be made to | 45073 |
| the department of education. | 45074 |
| (F) If the balance of the half-mill equalization fund created | 45075 |
| under section 3318.18 of the Revised Code is insufficient to make | 45076 |
| the full amount of payments required under division (D) of that | 45077 |
| section, the department of education, at the end of the third | 45078 |
| quarter of the fiscal year, shall certify to the director of | 45079 |
| budget and management the amount of the deficiency, and the | 45080 |
| director shall transfer an amount equal to the deficiency from the | 45081 |
| school district property tax replacement fund to the half-mill | 45082 |
| equalization fund. | 45083 |
| (G) Beginning in August 2002, and ending in May 2017, the | 45084 |
| director of budget and management shall transfer from the school | 45085 |
| district property tax replacement fund to the general revenue fund | 45086 |
| each of the following: | 45087 |
| (1) Between the twenty-eighth day of August and the fifth day | 45088 |
| of September, the lesser of one-half of the amount certified for | 45089 |
| that fiscal year under division (A)(2) of this section or the | 45090 |
| balance in the school district property tax replacement fund; | 45091 |
| (2) Between the first and fifth days of May, the lesser of | 45092 |
| one-half of the amount certified for that fiscal year under | 45093 |
| division (A)(2) of this section or the balance in the school | 45094 |
| district property tax replacement fund. | 45095 |
| (H) On the first day of June each year, the director of | 45096 |
| budget and management shall transfer any balance remaining in the | 45097 |
| school district property tax replacement fund after the payments | 45098 |
| have been made under divisions (C), (D), (E), (F), and (G) of this | 45099 |
| section to the half-mill equalization fund created under section | 45100 |
| 3318.18 of the Revised Code to the extent required to make any | 45101 |
| payments in the current fiscal year under that section, and shall | 45102 |
| transfer the remaining balance to the general revenue fund. | 45103 |
| (I) From fiscal year 2002 through fiscal year 2016, if the | 45104 |
| total amount in the school district property tax replacement fund | 45105 |
| is insufficient to make all payments under divisions (C), (D), | 45106 |
| (E), and (F) of this section at the time the payments are to be | 45107 |
| made, the director of budget and management shall transfer from | 45108 |
| the general revenue fund to the school district property tax | 45109 |
| replacement fund the difference between the total amount to be | 45110 |
| paid and the total amount in the school district property tax | 45111 |
| replacement fund, except that no transfer shall be made by reason | 45112 |
| of a deficiency to the extent that it results from the amendment | 45113 |
| of section 5727.84 of the Revised Code by Amended Substitute House | 45114 |
| Bill No. 95 of the 125th general assembly. | 45115 |
| (J) If all of the territory of a school district or joint | 45116 |
| vocational school district is merged with an existing district, or | 45117 |
| if a part of the territory of a school district or joint | 45118 |
| vocational school district is transferred to an existing or new | 45119 |
| district, the department of education, in consultation with the | 45120 |
| tax commissioner, shall adjust the payments made under this | 45121 |
| section as follows: | 45122 |
| (1) For the merger of all of the territory of two or more | 45123 |
| districts, the fixed-rate levy loss and the fixed-sum levy loss of | 45124 |
| the successor district shall be equal to the sum of the fixed-rate | 45125 |
| levy losses and the fixed-sum levy losses for each of the | 45126 |
| districts involved in the merger. | 45127 |
| (2) For the transfer of a part of one district's territory to | 45128 |
| an existing district, the amount of the fixed-rate levy loss that | 45129 |
| is transferred to the recipient district shall be an amount equal | 45130 |
| to the transferring district's total fixed-rate levy loss times a | 45131 |
| fraction, the numerator of which is the value of electric company | 45132 |
| tangible personal property located in the part of the territory | 45133 |
| that was transferred, and the denominator of which is the total | 45134 |
| value of electric company tangible personal property located in | 45135 |
| the entire district from which the territory was transferred. The | 45136 |
| value of electric company tangible personal property under this | 45137 |
| division shall be determined for the most recent year for which | 45138 |
| data is available. Fixed-sum levy losses for both districts shall | 45139 |
| be determined under division (J)(4) of this section. | 45140 |
| (3) For the transfer of a part of the territory of one or | 45141 |
| more districts to create a new district: | 45142 |
| (a) If the new district is created on or after January 1, | 45143 |
| 2000, but before January 1, 2005, the new district shall be paid | 45144 |
| its current fixed-rate levy loss through August | 45145 |
| February | 45146 |
| the lesser of: (i) the amount calculated under division (C)(2) of | 45147 |
| this section or (ii) an amount equal to the new district's | 45148 |
| fixed-rate levy loss multiplied by the percentage prescribed by | 45149 |
| the following schedule: | 45150 |
| YEAR | PERCENTAGE | 45151 | |
| 45152 | |||
| 2010 | 70% | 45153 | |
| 2011 | 70% | 45154 | |
| 2012 | 60% | 45155 | |
| 2013 | 50% | 45156 | |
| 2014 | 40% | 45157 | |
| 2015 | 24% | 45158 | |
| 2016 | 11.5% | 45159 | |
| 2017 and thereafter | 0% | 45160 |
| Fixed-sum levy losses for the districts shall be determined | 45161 |
| under division (J)(4) of this section. | 45162 |
| (b) If the new district is created on or after January 1, | 45163 |
| 2005, the new district shall be deemed not to have any fixed-rate | 45164 |
| levy loss or, except as provided in division (J)(4) of this | 45165 |
| section, fixed-sum levy loss. The district or districts from which | 45166 |
| the territory was transferred shall have no reduction in their | 45167 |
| fixed-rate levy loss, or, except as provided in division (J)(4) of | 45168 |
| this section, their fixed-sum levy loss. | 45169 |
| (4) If a recipient district under division (J)(2) of this | 45170 |
| section or a new district under division (J)(3)(a) or (b) of this | 45171 |
| section takes on debt from one or more of the districts from which | 45172 |
| territory was transferred, and any of the districts transferring | 45173 |
| the territory had fixed-sum levy losses, the department of | 45174 |
| education, in consultation with the tax commissioner, shall make | 45175 |
| an equitable division of the fixed-sum levy losses. | 45176 |
| (K) There is hereby created the public utility property tax | 45177 |
| study committee, effective January 1, 2011. The committee shall | 45178 |
| consist of the following seven members: the tax commissioner, | 45179 |
| three members of the senate appointed by the president of the | 45180 |
| senate, and three members of the house of representatives | 45181 |
| appointed by the speaker of the house of representatives. The | 45182 |
| appointments shall be made not later than January 31, 2011. The | 45183 |
| tax commissioner shall be the chairperson of the committee. | 45184 |
| The committee shall study the extent to which each school | 45185 |
| district or joint vocational school district has been compensated, | 45186 |
| under sections 5727.84 and 5727.85 of the Revised Code as enacted | 45187 |
| by Substitute Senate Bill No. 3 of the 123rd general assembly and | 45188 |
| any subsequent acts, for the property tax loss caused by the | 45189 |
| reduction in the assessment rates for natural gas, electric, and | 45190 |
| rural electric company tangible personal property. Not later than | 45191 |
| June 30, 2011, the committee shall issue a report of its findings, | 45192 |
| including any recommendations for providing additional | 45193 |
| compensation for the property tax loss or regarding remedial | 45194 |
| legislation, to the president of the senate and the speaker of the | 45195 |
| house of representatives, at which time the committee shall cease | 45196 |
| to exist. | 45197 |
| The department of taxation and department of education shall | 45198 |
| provide such information and assistance as is required for the | 45199 |
| committee to carry out its duties. | 45200 |
| Sec. 5727.87. (A) As used in this section: | 45201 |
| (1) "Administrative fees" means the dollar percentages | 45202 |
| allowed by the county auditor for services or by the county | 45203 |
| treasurer as fees, or paid to the credit of the real estate | 45204 |
|
assessment fund,
under divisions (A) and | 45205 |
| and division (A) of section 321.26 of the Revised Code. | 45206 |
| (2) "Administrative fee loss" means a county's loss of | 45207 |
| administrative fees due to its tax value loss, determined as | 45208 |
| follows: | 45209 |
| (a) For purposes of the determination made under division (B) | 45210 |
| of this section in the years 2002 through 2006, the administrative | 45211 |
| fee loss shall be computed by multiplying the amounts determined | 45212 |
| for all taxing districts in the county under divisions (G) and (H) | 45213 |
| of section 5727.84 of the Revised Code by nine thousand six | 45214 |
| hundred fifty-nine ten-thousandths of one per cent if total taxes | 45215 |
| collected in the county in 1999 exceeded one hundred fifty million | 45216 |
| dollars, or one and one thousand one hundred fifty-nine | 45217 |
| ten-thousandths of one per cent if total taxes collected in the | 45218 |
| county in 1999 were one hundred fifty million dollars or less; | 45219 |
| (b) For purposes of the determination under division (B) of | 45220 |
| this section in the years 2007 through 2011, the administrative | 45221 |
| fee loss shall be the lesser of the amount computed under division | 45222 |
| (A)(2)(a) of this section or the amount determined by subtracting | 45223 |
| from the dollar amount of administrative fees collected in the | 45224 |
| county in 1999, the dollar amount of administrative fees collected | 45225 |
| in the county in the current calendar year. | 45226 |
| (3) "Total taxes collected" means all money collected on any | 45227 |
| tax duplicate of the county, other than the estate tax duplicates. | 45228 |
| "Total taxes collected" does not include amounts received pursuant | 45229 |
| to divisions (F) and (G) of section 321.24 or section 323.156 of | 45230 |
| the Revised Code. | 45231 |
| (B) Not later than the thirty-first day of December of 2001 | 45232 |
| through 2005, the tax commissioner shall certify to each county | 45233 |
| auditor the tax levy losses calculated under divisions (G) and (H) | 45234 |
| of section 5727.84 of the Revised Code for each school district, | 45235 |
| joint vocational school district, and local taxing unit in the | 45236 |
| county. Not later than the thirty-first day of January of 2002 | 45237 |
| through 2011, the county auditor shall determine the | 45238 |
| administrative fee loss for the county and apportion that loss | 45239 |
| ratably among the school districts, joint vocational school | 45240 |
| districts, and local taxing units on the basis of the tax levy | 45241 |
| losses certified under this division. | 45242 |
| (C) On or before each of the days prescribed for the | 45243 |
| settlements under divisions (A) and (C) of section 321.24 of the | 45244 |
| Revised Code in the years 2002 through 2011, the county treasurer | 45245 |
| shall deduct one-half of the amount apportioned to each school | 45246 |
| district, joint vocational school district, and local taxing unit | 45247 |
| from the portions of revenue payable to them. | 45248 |
| (D) On or before each of the days prescribed for settlements | 45249 |
| under divisions (A) and (C) of section 321.24 of the Revised Code | 45250 |
| in the years 2002 through 2011, the county auditor shall cause to | 45251 |
| be deposited an amount equal to one-half of the amount of the | 45252 |
| administrative fee loss in the same funds as if allowed as | 45253 |
| administrative fees. | 45254 |
| After payment of the administrative fee loss on or before | 45255 |
| August 10, 2011, all payments under this section shall cease. | 45256 |
| Sec. 5733.12. (A) | 45257 |
| payments received from the taxes imposed under sections 5733.06 | 45258 |
|
and 5733.41 of the Revised Code shall be
credited to | 45259 |
| 45260 | |
| 45261 | |
| 45262 | |
| 45263 | |
| 45264 | |
| the general revenue fund. | 45265 |
| (B) Except as otherwise provided under divisions (C) and (D) | 45266 |
| of this section, an application to refund to the corporation the | 45267 |
| amount of taxes imposed under section 5733.06 of the Revised Code | 45268 |
| that are overpaid, paid illegally or erroneously, or paid on any | 45269 |
| illegal, erroneous, or excessive assessment, with interest thereon | 45270 |
| as provided by section 5733.26 of the Revised Code, shall be filed | 45271 |
| with the tax commissioner, on the form prescribed by the | 45272 |
| commissioner, within three years from the date of the illegal, | 45273 |
| erroneous, or excessive payment of the tax, or within any | 45274 |
| additional period allowed by division (C)(2) of section 5733.031, | 45275 |
| division (D)(2) of section 5733.067, or division (A) of section | 45276 |
| 5733.11 of the Revised Code. For purposes of division (B) of this | 45277 |
| section, any payment that the applicant made before the due date | 45278 |
| or extended due date for filing the report to which the payment | 45279 |
| relates shall be deemed to have been made on the due date or | 45280 |
| extended due date. | 45281 |
| On the filing of the refund application, the commissioner | 45282 |
| shall determine the amount of refund to which the applicant is | 45283 |
| entitled. If the amount is not less than that claimed the | 45284 |
| commissioner shall certify the amount to the director of budget | 45285 |
| and management and treasurer of state for payment from the tax | 45286 |
| refund fund created by section 5703.052 of the Revised Code. If | 45287 |
| the amount is less than that claimed, the commissioner shall | 45288 |
| proceed in accordance with section 5703.70 of the Revised Code. | 45289 |
| (C) "Ninety days" shall be substituted for "three years" in | 45290 |
| division (B) of this section if the taxpayer satisfies both of the | 45291 |
| following: | 45292 |
| (1) The taxpayer has applied for a refund based in whole or | 45293 |
| in part upon section 5733.0611 of the Revised Code; | 45294 |
| (2) The taxpayer asserts that the imposition or collection of | 45295 |
| the tax imposed or charged by section 5733.06 of the Revised Code | 45296 |
| or any portion of such tax violates the Constitution of the United | 45297 |
| States or the Constitution of this state. | 45298 |
| (D)(1) Division (D)(2) of this section applies only if all of | 45299 |
| the following conditions are satisfied: | 45300 |
| (a) A qualifying pass-through entity pays an amount of the | 45301 |
| tax imposed by section 5733.41 of the Revised Code; | 45302 |
| (b) The taxpayer is a qualifying investor as to that | 45303 |
| qualifying pass-through entity; | 45304 |
| (c) The taxpayer did not claim the credit provided for in | 45305 |
| section 5733.0611 of the Revised Code as to the tax described in | 45306 |
| division (D)(1)(a) of this section; | 45307 |
| (d) The three-year period described in division (B) of this | 45308 |
| section has ended as to the taxable year for which the taxpayer | 45309 |
| otherwise would have claimed that credit. | 45310 |
| (2) A taxpayer shall file an application for refund pursuant | 45311 |
| to this division within one year after the date the payment | 45312 |
| described in division (D)(1)(a) of this section is made. An | 45313 |
| application filed under this division shall only claim refund of | 45314 |
| overpayments resulting from the taxpayer's failure to claim the | 45315 |
| credit described in division (D)(1)(c) of this section. Nothing in | 45316 |
| this division shall be construed to relieve a taxpayer from | 45317 |
| complying with the provisions of division (I)(14) of section | 45318 |
| 5733.04 of the Revised Code. | 45319 |
| Sec. 5733.48. (A) As used in this section, "alternative | 45320 |
| fuel," "retail dealer," and "retail service station" have the same | 45321 |
| meanings as in section 5747.77 of the Revised Code. | 45322 |
| (B) There is hereby allowed a nonrefundable credit against | 45323 |
| the tax imposed by section 5733.06 of the Revised Code for a | 45324 |
| retail dealer that sells alternative fuel. The credit may be | 45325 |
| claimed for tax years 2008 and 2009. The credit for tax year 2008 | 45326 |
| shall equal fifteen cents per gallon of alternative fuel sold and | 45327 |
| dispensed through a metered pump at the retail dealer's retail | 45328 |
| service station during any part of calendar year 2007 that is | 45329 |
| included in the dealer's taxable year ending in 2007. The credit | 45330 |
| for tax year 2009 shall equal fifteen cents per gallon of | 45331 |
| alternative fuel sold and dispensed through a metered pump at the | 45332 |
| retail dealer's retail service station during any part of calendar | 45333 |
| year 2007 that is included in the dealer's taxable year ending in | 45334 |
| 2008, plus thirteen cents per gallon of alternative fuel sold and | 45335 |
| dispensed in that manner during any part of calendar year 2008 | 45336 |
| that is included in that taxable year. The credit shall be | 45337 |
| calculated separately for each retail service station owned or | 45338 |
| operated by the retail dealer. | 45339 |
| (C) The retail dealer shall claim the credit under this | 45340 |
| section in the order prescribed in section 5733.98 of the Revised | 45341 |
| Code. The credit shall not exceed the amount of tax otherwise due | 45342 |
| under section 5747.02 of the Revised Code after deducting any | 45343 |
| other credits that precede the credit claimed under this section | 45344 |
| in that order. | 45345 |
| Sec. 5733.98. (A) To provide a uniform procedure for | 45346 |
| calculating the amount of tax imposed by section 5733.06 of the | 45347 |
| Revised Code that is due under this chapter, a taxpayer shall | 45348 |
| claim any credits to which it is entitled in the following order, | 45349 |
| except as otherwise provided in section 5733.058 of the Revised | 45350 |
| Code: | 45351 |
| (1) For tax year 2005, the credit for taxes paid by a | 45352 |
| qualifying pass-through entity allowed under section 5733.0611 of | 45353 |
| the Revised Code; | 45354 |
| (2) The credit allowed for financial institutions under | 45355 |
| section 5733.45 of the Revised Code; | 45356 |
| (3) The credit for qualifying affiliated groups under section | 45357 |
| 5733.068 of the Revised Code; | 45358 |
| (4) The subsidiary corporation credit under section 5733.067 | 45359 |
| of the Revised Code; | 45360 |
| (5) The savings and loan assessment credit under section | 45361 |
| 5733.063 of the Revised Code; | 45362 |
| (6) The credit for recycling and litter prevention donations | 45363 |
| under section 5733.064 of the Revised Code; | 45364 |
| (7) The credit for employers that enter into agreements with | 45365 |
| child day-care centers under section 5733.36 of the Revised Code; | 45366 |
| (8) The credit for employers that reimburse employee child | 45367 |
| care expenses under section 5733.38 of the Revised Code; | 45368 |
| (9) The credit for maintaining railroad active grade crossing | 45369 |
| warning devices under section 5733.43 of the Revised Code; | 45370 |
| (10) The credit for purchases of lights and reflectors under | 45371 |
| section 5733.44 of the Revised Code; | 45372 |
| (11) The job retention credit under division (B) of section | 45373 |
| 5733.0610 of the Revised Code; | 45374 |
| (12) The credit for | 45375 |
| 45376 | |
| 2008 and 2009 for selling alternative fuel under section 5733.48 | 45377 |
| of the Revised Code; | 45378 |
| (13) The second credit for purchases of new manufacturing | 45379 |
| machinery and equipment under section 5733.33 of the Revised Code; | 45380 |
| (14) The job training credit under section 5733.42 of the | 45381 |
| Revised Code; | 45382 |
| (15) The credit for qualified research expenses under section | 45383 |
| 5733.351 of the Revised Code; | 45384 |
| (16) The enterprise zone credit under section 5709.66 of the | 45385 |
| Revised Code; | 45386 |
| (17) The credit for the eligible costs associated with a | 45387 |
| voluntary action under section 5733.34 of the Revised Code; | 45388 |
| (18) The credit for employers that establish on-site child | 45389 |
| day-care centers under section 5733.37 of the Revised Code; | 45390 |
| (19) The ethanol plant investment credit under section | 45391 |
| 5733.46 of the Revised Code; | 45392 |
| (20) The credit for purchases of qualifying grape production | 45393 |
| property under section 5733.32 of the Revised Code; | 45394 |
| (21) The export sales credit under section 5733.069 of the | 45395 |
| Revised Code; | 45396 |
| (22) The credit for research and development and technology | 45397 |
| transfer investors under section 5733.35 of the Revised Code; | 45398 |
| (23) The enterprise zone credits under section 5709.65 of the | 45399 |
| Revised Code; | 45400 |
| (24) The credit for using Ohio coal under section 5733.39 of | 45401 |
| the Revised Code; | 45402 |
| (25) The credit for small telephone companies under section | 45403 |
| 5733.57 of the Revised Code; | 45404 |
| (26) The credit for eligible nonrecurring 9-1-1 charges under | 45405 |
| section 5733.55 of the Revised Code; | 45406 |
| (27) For tax year 2005, the credit for providing programs to | 45407 |
| aid the communicatively impaired under division (A) of section | 45408 |
| 5733.56 of the Revised Code; | 45409 |
| (28) The research and development credit under section | 45410 |
| 5733.352 of the Revised Code; | 45411 |
| (29) For tax years 2006 and subsequent tax years, the credit | 45412 |
| for taxes paid by a qualifying pass-through entity allowed under | 45413 |
| section 5733.0611 of the Revised Code; | 45414 |
| (30) The refundable credit for rehabilitating a historic | 45415 |
| building under section 5733.47 of the Revised Code; | 45416 |
| (31) The refundable jobs creation credit under division (A) | 45417 |
| of section 5733.0610 of the Revised Code; | 45418 |
| (32) The refundable credit for tax withheld under division | 45419 |
| (B)(2) of section 5747.062 of the Revised Code; | 45420 |
| (33) The refundable credit under section 5733.49 of the | 45421 |
| Revised Code for losses on loans made to the Ohio venture capital | 45422 |
| program under sections 150.01 to 150.10 of the Revised Code; | 45423 |
| (34) For tax years 2006, 2007, and 2008, the refundable | 45424 |
| credit allowable under division (B) of section 5733.56 of the | 45425 |
| Revised Code. | 45426 |
| (B) For any credit except the credits enumerated in divisions | 45427 |
| (A)(30) to (34) of this section, the amount of the credit for a | 45428 |
| tax year shall not exceed the tax due after allowing for any other | 45429 |
| credit that precedes it in the order required under this section. | 45430 |
| Any excess amount of a particular credit may be carried forward if | 45431 |
| authorized under the section creating that credit. | 45432 |
| Sec. 5739.02. For the purpose of providing revenue with | 45433 |
| which to meet the needs of the state, for the use of the general | 45434 |
| revenue fund of the state, for the purpose of securing a thorough | 45435 |
| and efficient system of common schools throughout the state, for | 45436 |
| the purpose of affording revenues, in addition to those from | 45437 |
| general property taxes, permitted under constitutional | 45438 |
| limitations, and from other sources, for the support of local | 45439 |
| governmental functions, and for the purpose of reimbursing the | 45440 |
| state for the expense of administering this chapter, an excise tax | 45441 |
| is hereby levied on each retail sale made in this state. | 45442 |
| (A)(1) The tax shall be collected as provided in section | 45443 |
| 5739.025 of the Revised Code, provided that on and after July 1, | 45444 |
| 2003, and on or before June 30, 2005, the rate of tax shall be six | 45445 |
| per cent. On and after July 1, 2005, the rate of the tax shall be | 45446 |
| five and one-half per cent. The tax applies and is collectible | 45447 |
| when the sale is made, regardless of the time when the price is | 45448 |
| paid or delivered. | 45449 |
| (2) In the case of the lease or rental, with a fixed term of | 45450 |
| more than thirty days or an indefinite term with a minimum period | 45451 |
| of more than thirty days, of any motor vehicles designed by the | 45452 |
| manufacturer to carry a load of not more than one ton, watercraft, | 45453 |
| outboard motor, or aircraft, or of any tangible personal property, | 45454 |
| other than motor vehicles designed by the manufacturer to carry a | 45455 |
| load of more than one ton, to be used by the lessee or renter | 45456 |
| primarily for business purposes, the tax shall be collected by the | 45457 |
| vendor at the time the lease or rental is consummated and shall be | 45458 |
| calculated by the vendor on the basis of the total amount to be | 45459 |
| paid by the lessee or renter under the lease agreement. If the | 45460 |
| total amount of the consideration for the lease or rental includes | 45461 |
| amounts that are not calculated at the time the lease or rental is | 45462 |
| executed, the tax shall be calculated and collected by the vendor | 45463 |
| at the time such amounts are billed to the lessee or renter. In | 45464 |
| the case of an open-end lease or rental, the tax shall be | 45465 |
| calculated by the vendor on the basis of the total amount to be | 45466 |
| paid during the initial fixed term of the lease or rental, and for | 45467 |
| each subsequent renewal period as it comes due. As used in this | 45468 |
| division, "motor vehicle" has the same meaning as in section | 45469 |
| 4501.01 of the Revised Code, and "watercraft" includes an outdrive | 45470 |
| unit attached to the watercraft. | 45471 |
| A lease with a renewal clause and a termination penalty or | 45472 |
| similar provision that applies if the renewal clause is not | 45473 |
| exercised is presumed to be a sham transaction. In such a case, | 45474 |
| the tax shall be calculated and paid on the basis of the entire | 45475 |
| length of the lease period, including any renewal periods, until | 45476 |
| the termination penalty or similar provision no longer applies. | 45477 |
| The taxpayer shall bear the burden, by a preponderance of the | 45478 |
| evidence, that the transaction or series of transactions is not a | 45479 |
| sham transaction. | 45480 |
| (3) Except as provided in division (A)(2) of this section, in | 45481 |
| the case of a sale, the price of which consists in whole or in | 45482 |
| part of the lease or rental of tangible personal property, the tax | 45483 |
| shall be measured by the installments of that lease or rental. | 45484 |
| (4) In the case of a sale of a physical fitness facility | 45485 |
| service or recreation and sports club service, the price of which | 45486 |
| consists in whole or in part of a membership for the receipt of | 45487 |
| the benefit of the service, the tax applicable to the sale shall | 45488 |
| be measured by the installments thereof. | 45489 |
| (B) The tax does not apply to the following: | 45490 |
| (1) Sales to the state or any of its political subdivisions, | 45491 |
| or to any other state or its political subdivisions if the laws of | 45492 |
| that state exempt from taxation sales made to this state and its | 45493 |
| political subdivisions; | 45494 |
| (2) Sales of food for human consumption off the premises | 45495 |
| where sold; | 45496 |
| (3) Sales of food sold to students only in a cafeteria, | 45497 |
| dormitory, fraternity, or sorority maintained in a private, | 45498 |
| public, or parochial school, college, or university; | 45499 |
| (4) Sales of newspapers and of magazine subscriptions and | 45500 |
| sales or transfers of magazines distributed as controlled | 45501 |
| circulation publications; | 45502 |
| (5) The furnishing, preparing, or serving of meals without | 45503 |
| charge by an employer to an employee provided the employer records | 45504 |
| the meals as part compensation for services performed or work | 45505 |
| done; | 45506 |
| (6) Sales of motor fuel upon receipt, use, distribution, or | 45507 |
| sale of which in this state a tax is imposed by the law of this | 45508 |
| state, but this exemption shall not apply to the sale of motor | 45509 |
| fuel on which a refund of the tax is allowable under division (A) | 45510 |
| of section 5735.14 of the Revised Code; and the tax commissioner | 45511 |
| may deduct the amount of tax levied by this section applicable to | 45512 |
| the price of motor fuel when granting a refund of motor fuel tax | 45513 |
| pursuant to division (A) of section 5735.14 of the Revised Code | 45514 |
| and shall cause the amount deducted to be paid into the general | 45515 |
| revenue fund of this state; | 45516 |
| (7) Sales of natural gas by a natural gas company, of water | 45517 |
| by a water-works company, or of steam by a heating company, if in | 45518 |
| each case the thing sold is delivered to consumers through pipes | 45519 |
| or conduits, and all sales of communications services by a | 45520 |
| telegraph company, all terms as defined in section 5727.01 of the | 45521 |
| Revised Code, and sales of electricity delivered through wires; | 45522 |
| (8) Casual sales by a person, or auctioneer employed directly | 45523 |
| by the person to conduct such sales, except as to such sales of | 45524 |
| motor vehicles, watercraft or outboard motors required to be | 45525 |
| titled under section 1548.06 of the Revised Code, watercraft | 45526 |
| documented with the United States coast guard, snowmobiles, and | 45527 |
| all-purpose vehicles as defined in section 4519.01 of the Revised | 45528 |
| Code; | 45529 |
| (9)(a) Sales of services or tangible personal property, other | 45530 |
| than motor vehicles, mobile homes, and manufactured homes, by | 45531 |
| churches, organizations exempt from taxation under section | 45532 |
| 501(c)(3) of the Internal Revenue Code of 1986, or nonprofit | 45533 |
| organizations operated exclusively for charitable purposes as | 45534 |
| defined in division (B)(12) of this section, provided that the | 45535 |
| number of days on which such tangible personal property or | 45536 |
| services, other than items never subject to the tax, are sold does | 45537 |
| not exceed six in any calendar year, except as otherwise provided | 45538 |
| in division (B)(9)(b) of this section. If the number of days on | 45539 |
| which such sales are made exceeds six in any calendar year, the | 45540 |
| church or organization shall be considered to be engaged in | 45541 |
| business and all subsequent sales by it shall be subject to the | 45542 |
| tax. In counting the number of days, all sales by groups within a | 45543 |
| church or within an organization shall be considered to be sales | 45544 |
|
of that church or organization | 45545 |
| (b) The limitation on the number of days on which tax-exempt | 45546 |
| sales may be made by a church or organization under division | 45547 |
| (B)(9)(a) of this section does not apply to sales made by
| 45548 |
| student clubs and other groups of students of a primary or | 45549 |
|
secondary school, | 45550 |
| association, booster group, or similar organization that raises | 45551 |
| money to support or fund curricular or extracurricular activities | 45552 |
|
of a
primary or secondary school | 45553 |
| 45554 | |
| 45555 | |
| 45556 |
| (c) Divisions (B)(9)(a) and (b) of this section do not apply | 45557 |
| to sales by a noncommercial educational radio or television | 45558 |
| broadcasting station. | 45559 |
| (10) Sales not within the taxing power of this state under | 45560 |
| the Constitution of the United States; | 45561 |
| (11) Except for transactions that are sales under division | 45562 |
| (B)(3)(r) of section 5739.01 of the Revised Code, the | 45563 |
| transportation of persons or property, unless the transportation | 45564 |
| is by a private investigation and security service; | 45565 |
| (12) Sales of tangible personal property or services to | 45566 |
| churches, to organizations exempt from taxation under section | 45567 |
| 501(c)(3) of the Internal Revenue Code of 1986, and to any other | 45568 |
| nonprofit organizations operated exclusively for charitable | 45569 |
| purposes in this state, no part of the net income of which inures | 45570 |
| to the benefit of any private shareholder or individual, and no | 45571 |
| substantial part of the activities of which consists of carrying | 45572 |
| on propaganda or otherwise attempting to influence legislation; | 45573 |
| sales to offices administering one or more homes for the aged or | 45574 |
| one or more hospital facilities exempt under section 140.08 of the | 45575 |
| Revised Code; and sales to organizations described in division (D) | 45576 |
| of section 5709.12 of the Revised Code. | 45577 |
| "Charitable purposes" means the relief of poverty; the | 45578 |
| improvement of health through the alleviation of illness, disease, | 45579 |
| or injury; the operation of an organization exclusively for the | 45580 |
| provision of professional, laundry, printing, and purchasing | 45581 |
| services to hospitals or charitable institutions; the operation of | 45582 |
| a home for the aged, as defined in section 5701.13 of the Revised | 45583 |
| Code; the operation of a radio or television broadcasting station | 45584 |
| that is licensed by the federal communications commission as a | 45585 |
| noncommercial educational radio or television station; the | 45586 |
| operation of a nonprofit animal adoption service or a county | 45587 |
| humane society; the promotion of education by an institution of | 45588 |
| learning that maintains a faculty of qualified instructors, | 45589 |
| teaches regular continuous courses of study, and confers a | 45590 |
| recognized diploma upon completion of a specific curriculum; the | 45591 |
| operation of a parent-teacher association, booster group, or | 45592 |
| similar organization primarily engaged in the promotion and | 45593 |
| support of the curricular or extracurricular activities of a | 45594 |
| primary or secondary school; the operation of a community or area | 45595 |
| center in which presentations in music, dramatics, the arts, and | 45596 |
| related fields are made in order to foster public interest and | 45597 |
| education therein; the production of performances in music, | 45598 |
| dramatics, and the arts; or the promotion of education by an | 45599 |
| organization engaged in carrying on research in, or the | 45600 |
| dissemination of, scientific and technological knowledge and | 45601 |
| information primarily for the public. | 45602 |
| Nothing in this division shall be deemed to exempt sales to | 45603 |
| any organization for use in the operation or carrying on of a | 45604 |
| trade or business, or sales to a home for the aged for use in the | 45605 |
| operation of independent living facilities as defined in division | 45606 |
| (A) of section 5709.12 of the Revised Code. | 45607 |
| (13) Building and construction materials and services sold to | 45608 |
| construction contractors for incorporation into a structure or | 45609 |
| improvement to real property under a construction contract with | 45610 |
| this state or a political subdivision of this state, or with the | 45611 |
| United States government or any of its agencies; building and | 45612 |
| construction materials and services sold to construction | 45613 |
| contractors for incorporation into a structure or improvement to | 45614 |
| real property that are accepted for ownership by this state or any | 45615 |
| of its political subdivisions, or by the United States government | 45616 |
| or any of its agencies at the time of completion of the structures | 45617 |
| or improvements; building and construction materials sold to | 45618 |
| construction contractors for incorporation into a horticulture | 45619 |
| structure or livestock structure for a person engaged in the | 45620 |
| business of horticulture or producing livestock; building | 45621 |
| materials and services sold to a construction contractor for | 45622 |
| incorporation into a house of public worship or religious | 45623 |
| education, or a building used exclusively for charitable purposes | 45624 |
| under a construction contract with an organization whose purpose | 45625 |
| is as described in division (B)(12) of this section; building | 45626 |
| materials and services sold to a construction contractor for | 45627 |
| incorporation into a building under a construction contract with | 45628 |
| an organization exempt from taxation under section 501(c)(3) of | 45629 |
| the Internal Revenue Code of 1986 when the building is to be used | 45630 |
| exclusively for the organization's exempt purposes; building and | 45631 |
| construction materials sold for incorporation into the original | 45632 |
| construction of a sports facility under section 307.696 of the | 45633 |
| Revised Code; and building and construction materials and services | 45634 |
| sold to a construction contractor for incorporation into real | 45635 |
| property outside this state if such materials and services, when | 45636 |
| sold to a construction contractor in the state in which the real | 45637 |
| property is located for incorporation into real property in that | 45638 |
| state, would be exempt from a tax on sales levied by that state; | 45639 |
| (14) Sales of ships or vessels or rail rolling stock used or | 45640 |
| to be used principally in interstate or foreign commerce, and | 45641 |
| repairs, alterations, fuel, and lubricants for such ships or | 45642 |
| vessels or rail rolling stock; | 45643 |
| (15) Sales to persons primarily engaged in any of the | 45644 |
| activities mentioned in division (B)(42)(a) or (g) of this | 45645 |
| section, to persons engaged in making retail sales, or to persons | 45646 |
| who purchase for sale from a manufacturer tangible personal | 45647 |
| property that was produced by the manufacturer in accordance with | 45648 |
| specific designs provided by the purchaser, of packages, including | 45649 |
| material, labels, and parts for packages, and of machinery, | 45650 |
| equipment, and material for use primarily in packaging tangible | 45651 |
| personal property produced for sale, including any machinery, | 45652 |
| equipment, and supplies used to make labels or packages, to | 45653 |
| prepare packages or products for labeling, or to label packages or | 45654 |
| products, by or on the order of the person doing the packaging, or | 45655 |
| sold at retail. "Packages" includes bags, baskets, cartons, | 45656 |
| crates, boxes, cans, bottles, bindings, wrappings, and other | 45657 |
| similar devices and containers, but does not include motor | 45658 |
| vehicles or bulk tanks, trailers, or similar devices attached to | 45659 |
| motor vehicles. "Packaging" means placing in a package. Division | 45660 |
| (B)(15) of this section does not apply to persons engaged in | 45661 |
| highway transportation for hire. | 45662 |
| (16) Sales of food to persons using food stamp benefits to | 45663 |
| purchase the food. As used in this division, "food" has the same | 45664 |
| meaning as in the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C. | 45665 |
| 2012, as amended, and federal regulations adopted pursuant to that | 45666 |
| act. | 45667 |
| (17) Sales to persons engaged in farming, agriculture, | 45668 |
| horticulture, or floriculture, of tangible personal property for | 45669 |
| use or consumption directly in the production by farming, | 45670 |
| agriculture, horticulture, or floriculture of other tangible | 45671 |
| personal property for use or consumption directly in the | 45672 |
| production of tangible personal property for sale by farming, | 45673 |
| agriculture, horticulture, or floriculture; or material and parts | 45674 |
| for incorporation into any such tangible personal property for use | 45675 |
| or consumption in production; and of tangible personal property | 45676 |
| for such use or consumption in the conditioning or holding of | 45677 |
| products produced by and for such use, consumption, or sale by | 45678 |
| persons engaged in farming, agriculture, horticulture, or | 45679 |
| floriculture, except where such property is incorporated into real | 45680 |
| property; | 45681 |
| (18) Sales of drugs for a human being that may be dispensed | 45682 |
| only pursuant to a prescription; insulin as recognized in the | 45683 |
| official United States pharmacopoeia; urine and blood testing | 45684 |
| materials when used by diabetics or persons with hypoglycemia to | 45685 |
| test for glucose or acetone; hypodermic syringes and needles when | 45686 |
| used by diabetics for insulin injections; epoetin alfa when | 45687 |
| purchased for use in the treatment of persons with medical | 45688 |
| disease; hospital beds when purchased by hospitals, nursing homes, | 45689 |
| or other medical facilities; and medical oxygen and medical | 45690 |
| oxygen-dispensing equipment when purchased by hospitals, nursing | 45691 |
| homes, or other medical facilities; | 45692 |
| (19) Sales of prosthetic devices, durable medical equipment | 45693 |
| for home use, or mobility enhancing equipment, when made pursuant | 45694 |
| to a prescription and when such devices or equipment are for use | 45695 |
| by a human being. | 45696 |
| (20) Sales of emergency and fire protection vehicles and | 45697 |
| equipment to nonprofit organizations for use solely in providing | 45698 |
| fire protection and emergency services, including trauma care and | 45699 |
| emergency medical services, for political subdivisions of the | 45700 |
| state; | 45701 |
| (21) Sales of tangible personal property manufactured in this | 45702 |
| state, if sold by the manufacturer in this state to a retailer for | 45703 |
| use in the retail business of the retailer outside of this state | 45704 |
| and if possession is taken from the manufacturer by the purchaser | 45705 |
| within this state for the sole purpose of immediately removing the | 45706 |
| same from this state in a vehicle owned by the purchaser; | 45707 |
| (22) Sales of services provided by the state or any of its | 45708 |
| political subdivisions, agencies, instrumentalities, institutions, | 45709 |
| or authorities, or by governmental entities of the state or any of | 45710 |
| its political subdivisions, agencies, instrumentalities, | 45711 |
| institutions, or authorities; | 45712 |
| (23) Sales of motor vehicles to nonresidents of this state | 45713 |
| 45714 | |
| 45715 | |
| 45716 | |
| 45717 | |
| 45718 | |
| 45719 | |
| 45720 | |
| in division (B) of section 5739.029 of the Revised Code; | 45721 |
| (24) Sales to persons engaged in the preparation of eggs for | 45722 |
| sale of tangible personal property used or consumed directly in | 45723 |
| such preparation, including such tangible personal property used | 45724 |
| for cleaning, sanitizing, preserving, grading, sorting, and | 45725 |
| classifying by size; packages, including material and parts for | 45726 |
| packages, and machinery, equipment, and material for use in | 45727 |
| packaging eggs for sale; and handling and transportation equipment | 45728 |
| and parts therefor, except motor vehicles licensed to operate on | 45729 |
| public highways, used in intraplant or interplant transfers or | 45730 |
| shipment of eggs in the process of preparation for sale, when the | 45731 |
| plant or plants within or between which such transfers or | 45732 |
| shipments occur are operated by the same person. "Packages" | 45733 |
| includes containers, cases, baskets, flats, fillers, filler flats, | 45734 |
| cartons, closure materials, labels, and labeling materials, and | 45735 |
| "packaging" means placing therein. | 45736 |
| (25)(a) Sales of water to a consumer for residential use, | 45737 |
| except the sale of bottled water, distilled water, mineral water, | 45738 |
| carbonated water, or ice; | 45739 |
| (b) Sales of water by a nonprofit corporation engaged | 45740 |
| exclusively in the treatment, distribution, and sale of water to | 45741 |
| consumers, if such water is delivered to consumers through pipes | 45742 |
| or tubing. | 45743 |
| (26) Fees charged for inspection or reinspection of motor | 45744 |
| vehicles under section 3704.14 of the Revised Code; | 45745 |
| (27) Sales to persons licensed to conduct a food service | 45746 |
| operation pursuant to section 3717.43 of the Revised Code, of | 45747 |
| tangible personal property primarily used directly for the | 45748 |
| following: | 45749 |
| (a) To prepare food for human consumption for sale; | 45750 |
| (b) To preserve food that has been or will be prepared for | 45751 |
| human consumption for sale by the food service operator, not | 45752 |
| including tangible personal property used to display food for | 45753 |
| selection by the consumer; | 45754 |
| (c) To clean tangible personal property used to prepare or | 45755 |
| serve food for human consumption for sale. | 45756 |
| (28) Sales of animals by nonprofit animal adoption services | 45757 |
| or county humane societies; | 45758 |
| (29) Sales of services to a corporation described in division | 45759 |
| (A) of section 5709.72 of the Revised Code, and sales of tangible | 45760 |
| personal property that qualifies for exemption from taxation under | 45761 |
| section 5709.72 of the Revised Code; | 45762 |
| (30) Sales and installation of agricultural land tile, as | 45763 |
| defined in division (B)(5)(a) of section 5739.01 of the Revised | 45764 |
| Code; | 45765 |
| (31) Sales and erection or installation of portable grain | 45766 |
| bins, as defined in division (B)(5)(b) of section 5739.01 of the | 45767 |
| Revised Code; | 45768 |
| (32) The sale, lease, repair, and maintenance of, parts for, | 45769 |
| or items attached to or incorporated in, motor vehicles that are | 45770 |
| primarily used for transporting tangible personal property | 45771 |
| belonging to others by a person engaged in highway transportation | 45772 |
| for hire, except for packages and packaging used for the | 45773 |
| transportation of tangible personal property; | 45774 |
| (33) Sales to the state headquarters of any veterans' | 45775 |
| organization in this state that is either incorporated and issued | 45776 |
| a charter by the congress of the United States or is recognized by | 45777 |
| the United States veterans administration, for use by the | 45778 |
| headquarters; | 45779 |
| (34) Sales to a telecommunications service vendor, mobile | 45780 |
| telecommunications service vendor, or satellite broadcasting | 45781 |
| service vendor of tangible personal property and services used | 45782 |
| directly and primarily in transmitting, receiving, switching, or | 45783 |
| recording any interactive, one- or two-way electromagnetic | 45784 |
| communications, including voice, image, data, and information, | 45785 |
| through the use of any medium, including, but not limited to, | 45786 |
| poles, wires, cables, switching equipment, computers, and record | 45787 |
| storage devices and media, and component parts for the tangible | 45788 |
| personal property. The exemption provided in this division shall | 45789 |
| be in lieu of all other exemptions under division (B)(42)(a) of | 45790 |
| this section to which the vendor may otherwise be entitled, based | 45791 |
| upon the use of the thing purchased in providing the | 45792 |
| telecommunications, mobile telecommunications, or satellite | 45793 |
| broadcasting service. | 45794 |
| (35)(a) Sales where the purpose of the consumer is to use or | 45795 |
| consume the things transferred in making retail sales and | 45796 |
| consisting of newspaper inserts, catalogues, coupons, flyers, gift | 45797 |
| certificates, or other advertising material that prices and | 45798 |
| describes tangible personal property offered for retail sale. | 45799 |
| (b) Sales to direct marketing vendors of preliminary | 45800 |
| materials such as photographs, artwork, and typesetting that will | 45801 |
| be used in printing advertising material; of printed matter that | 45802 |
| offers free merchandise or chances to win sweepstake prizes and | 45803 |
| that is mailed to potential customers with advertising material | 45804 |
| described in division (B)(35)(a) of this section; and of equipment | 45805 |
| such as telephones, computers, facsimile machines, and similar | 45806 |
| tangible personal property primarily used to accept orders for | 45807 |
| direct marketing retail sales. | 45808 |
| (c) Sales of automatic food vending machines that preserve | 45809 |
| food with a shelf life of forty-five days or less by refrigeration | 45810 |
| and dispense it to the consumer. | 45811 |
| For purposes of division (B)(35) of this section, "direct | 45812 |
| marketing" means the method of selling where consumers order | 45813 |
| tangible personal property by United States mail, delivery | 45814 |
| service, or telecommunication and the vendor delivers or ships the | 45815 |
| tangible personal property sold to the consumer from a warehouse, | 45816 |
| catalogue distribution center, or similar fulfillment facility by | 45817 |
| means of the United States mail, delivery service, or common | 45818 |
| carrier. | 45819 |
| (36) Sales to a person engaged in the business of | 45820 |
| horticulture or producing livestock of materials to be | 45821 |
| incorporated into a horticulture structure or livestock structure; | 45822 |
| (37) Sales of personal computers, computer monitors, computer | 45823 |
| keyboards, modems, and other peripheral computer equipment to an | 45824 |
| individual who is licensed or certified to teach in an elementary | 45825 |
| or a secondary school in this state for use by that individual in | 45826 |
| preparation for teaching elementary or secondary school students; | 45827 |
| (38) Sales to a professional racing team of any of the | 45828 |
| following: | 45829 |
| (a) Motor racing vehicles; | 45830 |
| (b) Repair services for motor racing vehicles; | 45831 |
| (c) Items of property that are attached to or incorporated in | 45832 |
| motor racing vehicles, including engines, chassis, and all other | 45833 |
| components of the vehicles, and all spare, replacement, and | 45834 |
| rebuilt parts or components of the vehicles; except not including | 45835 |
| tires, consumable fluids, paint, and accessories consisting of | 45836 |
| instrumentation sensors and related items added to the vehicle to | 45837 |
| collect and transmit data by means of telemetry and other forms of | 45838 |
| communication. | 45839 |
| (39) Sales of used manufactured homes and used mobile homes, | 45840 |
| as defined in section 5739.0210 of the Revised Code, made on or | 45841 |
| after January 1, 2000; | 45842 |
| (40) Sales of tangible personal property and services to a | 45843 |
| provider of electricity used or consumed directly and primarily in | 45844 |
| generating, transmitting, or distributing electricity for use by | 45845 |
| others, including property that is or is to be incorporated into | 45846 |
| and will become a part of the consumer's production, transmission, | 45847 |
| or distribution system and that retains its classification as | 45848 |
| tangible personal property after incorporation; fuel or power used | 45849 |
| in the production, transmission, or distribution of electricity; | 45850 |
| and tangible personal property and services used in the repair and | 45851 |
| maintenance of the production, transmission, or distribution | 45852 |
| system, including only those motor vehicles as are specially | 45853 |
| designed and equipped for such use. The exemption provided in this | 45854 |
| division shall be in lieu of all other exemptions in division | 45855 |
| (B)(42)(a) of this section to which a provider of electricity may | 45856 |
| otherwise be entitled based on the use of the tangible personal | 45857 |
| property or service purchased in generating, transmitting, or | 45858 |
| distributing electricity. | 45859 |
| (41) Sales to a person providing services under division | 45860 |
| (B)(3)(r) of section 5739.01 of the Revised Code of tangible | 45861 |
| personal property and services used directly and primarily in | 45862 |
| providing taxable services under that section. | 45863 |
| (42) Sales where the purpose of the purchaser is to do any of | 45864 |
| the following: | 45865 |
| (a) To incorporate the thing transferred as a material or a | 45866 |
| part into tangible personal property to be produced for sale by | 45867 |
| manufacturing, assembling, processing, or refining; or to use or | 45868 |
| consume the thing transferred directly in producing tangible | 45869 |
| personal property for sale by mining, including, without | 45870 |
| limitation, the extraction from the earth of all substances that | 45871 |
| are classed geologically as minerals, production of crude oil and | 45872 |
| natural gas, farming, agriculture, horticulture, or floriculture, | 45873 |
| or directly in the rendition of a public utility service, except | 45874 |
| that the sales tax levied by this section shall be collected upon | 45875 |
| all meals, drinks, and food for human consumption sold when | 45876 |
| transporting persons. Persons engaged in rendering farming, | 45877 |
| agricultural, horticultural, or floricultural services, and | 45878 |
| services in the exploration for, and production of, crude oil and | 45879 |
| natural gas, for others are deemed engaged directly in farming, | 45880 |
| agriculture, horticulture, and floriculture, or exploration for, | 45881 |
| and production of, crude oil and natural gas. This paragraph does | 45882 |
| not exempt from "retail sale" or "sales at retail" the sale of | 45883 |
| tangible personal property that is to be incorporated into a | 45884 |
| structure or improvement to real property. | 45885 |
| (b) To hold the thing transferred as security for the | 45886 |
| performance of an obligation of the vendor; | 45887 |
| (c) To resell, hold, use, or consume the thing transferred as | 45888 |
| evidence of a contract of insurance; | 45889 |
| (d) To use or consume the thing directly in commercial | 45890 |
| fishing; | 45891 |
| (e) To incorporate the thing transferred as a material or a | 45892 |
| part into, or to use or consume the thing transferred directly in | 45893 |
| the production of, magazines distributed as controlled circulation | 45894 |
| publications; | 45895 |
| (f) To use or consume the thing transferred in the production | 45896 |
| and preparation in suitable condition for market and sale of | 45897 |
| printed, imprinted, overprinted, lithographic, multilithic, | 45898 |
| blueprinted, photostatic, or other productions or reproductions of | 45899 |
| written or graphic matter; | 45900 |
| (g) To use the thing transferred, as described in section | 45901 |
| 5739.011 of the Revised Code, primarily in a manufacturing | 45902 |
| operation to produce tangible personal property for sale; | 45903 |
| (h) To use the benefit of a warranty, maintenance or service | 45904 |
| contract, or similar agreement, as described in division (B)(7) of | 45905 |
| section 5739.01 of the Revised Code, to repair or maintain | 45906 |
| tangible personal property, if all of the property that is the | 45907 |
| subject of the warranty, contract, or agreement would not be | 45908 |
| subject to the tax imposed by this section; | 45909 |
| (i) To use the thing transferred as qualified research and | 45910 |
| development equipment; | 45911 |
| (j) To use or consume the thing transferred primarily in | 45912 |
| storing, transporting, mailing, or otherwise handling purchased | 45913 |
| sales inventory in a warehouse, distribution center, or similar | 45914 |
| facility when the inventory is primarily distributed outside this | 45915 |
| state to retail stores of the person who owns or controls the | 45916 |
| warehouse, distribution center, or similar facility, to retail | 45917 |
| stores of an affiliated group of which that person is a member, or | 45918 |
| by means of direct marketing. This division does not apply to | 45919 |
| motor vehicles registered for operation on the public highways. As | 45920 |
| used in this division, "affiliated group" has the same meaning as | 45921 |
| in division (B)(3)(e) of section 5739.01 of the Revised Code and | 45922 |
| "direct marketing" has the same meaning as in division (B)(35) of | 45923 |
| this section. | 45924 |
| (k) To use or consume the thing transferred to fulfill a | 45925 |
| contractual obligation incurred by a warrantor pursuant to a | 45926 |
| warranty provided as a part of the price of the tangible personal | 45927 |
| property sold or by a vendor of a warranty, maintenance or service | 45928 |
| contract, or similar agreement the provision of which is defined | 45929 |
| as a sale under division (B)(7) of section 5739.01 of the Revised | 45930 |
| Code; | 45931 |
| (l) To use or consume the thing transferred in the production | 45932 |
| of a newspaper for distribution to the public; | 45933 |
| (m) To use tangible personal property to perform a service | 45934 |
| listed in division (B)(3) of section 5739.01 of the Revised Code, | 45935 |
| if the property is or is to be permanently transferred to the | 45936 |
| consumer of the service as an integral part of the performance of | 45937 |
| the service. | 45938 |
| As used in division (B)(42) of this section, "thing" includes | 45939 |
| all transactions included in divisions (B)(3)(a), (b), and (e) of | 45940 |
| section 5739.01 of the Revised Code. | 45941 |
| (43) Sales conducted through a coin operated device that | 45942 |
| activates vacuum equipment or equipment that dispenses water, | 45943 |
| whether or not in combination with soap or other cleaning agents | 45944 |
| or wax, to the consumer for the consumer's use on the premises in | 45945 |
| washing, cleaning, or waxing a motor vehicle, provided no other | 45946 |
| personal property or personal service is provided as part of the | 45947 |
| transaction. | 45948 |
| (44) Sales of replacement and modification parts for engines, | 45949 |
| airframes, instruments, and interiors in, and paint for, aircraft | 45950 |
| used primarily in a fractional aircraft ownership program, and | 45951 |
| sales of services for the repair, modification, and maintenance of | 45952 |
| such aircraft, and machinery, equipment, and supplies primarily | 45953 |
| used to provide those services. | 45954 |
| (45) Sales of telecommunications service that is used | 45955 |
| directly and primarily to perform the functions of a call center. | 45956 |
| As used in this division, "call center" means any physical | 45957 |
| location where telephone calls are placed or received in high | 45958 |
| volume for the purpose of making sales, marketing, customer | 45959 |
| service, technical support, or other specialized business | 45960 |
| activity, and that employs at least fifty individuals that engage | 45961 |
| in call center activities on a full-time basis, or sufficient | 45962 |
| individuals to fill fifty full-time equivalent positions. | 45963 |
| (46) Sales by a telecommunications service vendor of 900 | 45964 |
| service to a subscriber. This division does not apply to | 45965 |
| information services, as defined in division (FF) of section | 45966 |
| 5739.01 of the Revised Code. | 45967 |
| (47) Sales of value-added non-voice data service. This | 45968 |
| division does not apply to any similar service that is not | 45969 |
| otherwise a telecommunications service. | 45970 |
| (C) For the purpose of the proper administration of this | 45971 |
| chapter, and to prevent the evasion of the tax, it is presumed | 45972 |
| that all sales made in this state are subject to the tax until the | 45973 |
| contrary is established. | 45974 |
| (D) The levy of this tax on retail sales of recreation and | 45975 |
| sports club service shall not prevent a municipal corporation from | 45976 |
| levying any tax on recreation and sports club dues or on any | 45977 |
| income generated by recreation and sports club dues. | 45978 |
| (E) The tax collected by the vendor from the consumer under | 45979 |
| this chapter is not part of the price, but is a tax collection for | 45980 |
| the benefit of the state, and of counties levying an additional | 45981 |
| sales tax pursuant to section 5739.021 or 5739.026 of the Revised | 45982 |
| Code and of transit authorities levying an additional sales tax | 45983 |
| pursuant to section 5739.023 of the Revised Code. Except for the | 45984 |
| discount authorized under section 5739.12 of the Revised Code and | 45985 |
| the effects of any rounding pursuant to section 5703.055 of the | 45986 |
| Revised Code, no person other than the state or such a county or | 45987 |
| transit authority shall derive any benefit from the collection or | 45988 |
| payment of the tax levied by this section or section 5739.021, | 45989 |
| 5739.023, or 5739.026 of the Revised Code. | 45990 |
| Sec. 5739.029. (A) Notwithstanding sections 5739.02, | 45991 |
| 5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and | 45992 |
| 5741.023 of the Revised Code, and except as otherwise provided in | 45993 |
| division (B) of this section, the tax due under this chapter on | 45994 |
| the sale of a motor vehicle required to be titled under Chapter | 45995 |
| 4505. of the Revised Code by a motor vehicle dealer to a consumer | 45996 |
| that is a nonresident of this state shall be the lesser of the | 45997 |
| amount of tax that would be due under this chapter and Chapter | 45998 |
| 5741. of the Revised Code if the total combined rate were six per | 45999 |
| cent, or the amount of tax that would be due, taking into | 46000 |
| consideration all applicable credits and exemptions, to the state | 46001 |
| in which the consumer titles or registers the motor vehicle or to | 46002 |
| which the consumer removes the vehicle for use. | 46003 |
| (B) No tax is due under this section, any other section of | 46004 |
| this chapter, or Chapter 5741. of the Revised Code under any of | 46005 |
| the following circumstances: | 46006 |
| (1)(a) The consumer intends to immediately remove the motor | 46007 |
| vehicle from this state for use outside this state; | 46008 |
| (b) Upon removal of the motor vehicle from this state, the | 46009 |
| consumer intends to title or register the vehicle in another state | 46010 |
| if such titling or registration is required; | 46011 |
| (c) The consumer executes an affidavit as required under | 46012 |
| division (C) of this section affirming the consumer's intentions | 46013 |
| under divisions (B)(1)(a) and (b) of this section; and | 46014 |
| (d) The state in which the consumer titles or registers the | 46015 |
| motor vehicle or to which the consumer removes the vehicle for use | 46016 |
| provides an exemption under circumstances substantially similar to | 46017 |
| those described in division (B)(1) of this section. | 46018 |
| (2) The state in which the consumer titles or registers the | 46019 |
| motor vehicle or to which the consumer removes the vehicle for use | 46020 |
| does not provide a credit against its sales or use tax or similar | 46021 |
| excise tax for sales or use tax paid to this state. | 46022 |
| (3) The state in which the consumer titles or registers the | 46023 |
| motor vehicle or to which the consumer removes the vehicle for use | 46024 |
| does not impose a sales or use tax or similar excise tax on the | 46025 |
| ownership or use of motor vehicles. | 46026 |
| (C) Any nonresident consumer that purchases a motor vehicle | 46027 |
| from a motor vehicle dealer in this state under the circumstances | 46028 |
| described in divisions (B)(1)(a) and (b) of this section shall | 46029 |
| execute an affidavit affirming the intentions described in those | 46030 |
| divisions. The affidavit shall be executed in triplicate and in | 46031 |
| the form specified by the tax commissioner. The affidavit shall be | 46032 |
| given to the motor vehicle dealer. | 46033 |
| A motor vehicle dealer that accepts in good faith an | 46034 |
| affidavit presented under this division by a nonresident consumer | 46035 |
| may rely upon the representations made in the affidavit. | 46036 |
| (D) A motor vehicle dealer making a sale subject to the tax | 46037 |
| under division (A) of this section shall collect the tax due | 46038 |
| unless the sale is subject to the exception under division (B) of | 46039 |
| this section or unless the sale is not otherwise subject to taxes | 46040 |
| levied under sections 5739.02, 5739.021, 5739.023, 5739.026, | 46041 |
| 5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code. In | 46042 |
| the case of a sale under the circumstances described in division | 46043 |
| (B)(1) of this section, the dealer shall retain one copy of the | 46044 |
| affidavit and file the original and the other copy with the clerk | 46045 |
| of the court of common pleas. If tax is due under division (A) of | 46046 |
| this section, the dealer shall remit the tax collected to the | 46047 |
| clerk at the time the dealer obtains the Ohio certificate of title | 46048 |
| in the name of the consumer as required under section 4505.06 of | 46049 |
| the Revised Code. The clerk shall forward the original affidavit | 46050 |
| to the tax commissioner in the manner prescribed by the | 46051 |
| commissioner. | 46052 |
| Unless a sale is excepted from taxation under division (B) of | 46053 |
| this section, upon receipt of an application for certificate of | 46054 |
| title a clerk of the court of common pleas shall collect the sales | 46055 |
| tax due under division (A) of this section. The clerk shall remit | 46056 |
| the tax collected to the tax commissioner in the manner prescribed | 46057 |
| by the commissioner. | 46058 |
| (E) If a motor vehicle is purchased by a corporation | 46059 |
| described in division (B)(6) of section 5739.01 of the Revised | 46060 |
| Code, the state of residence of the consumer for the purposes of | 46061 |
| this section is the state of residence of the corporation's | 46062 |
| principal shareholder. | 46063 |
| (F) Any provision of this chapter or of Chapter 5741. of the | 46064 |
| Revised Code that is not inconsistent with this section applies to | 46065 |
| sales described in division (A) of this section. | 46066 |
| (G) As used in this section: | 46067 |
| (1) For the purposes of this section only, the sale or | 46068 |
| purchase of a motor vehicle does not include a lease or rental of | 46069 |
| a motor vehicle subject to division (A)(2) or (3) of section | 46070 |
| 5739.02 or division (A)(2) or (3) of section 5741.02 of the | 46071 |
| Revised Code; | 46072 |
| (2) "State," except in reference to "this state," means any | 46073 |
| state, district, commonwealth, or territory of the United States. | 46074 |
| Sec. 5739.033. (A) Except as provided in division (B) of | 46075 |
| this section, divisions (C) to (I) of this section apply to sales | 46076 |
| made on and after May 1, 2006. Sales made before May 1, 2006, are | 46077 |
| subject to section 5739.035 of the Revised Code. On and after | 46078 |
| January 1, 2005, any vendor may irrevocably elect to comply with | 46079 |
| divisions (C) to (I) of this section for all of the vendor's sales | 46080 |
| and places of business in this state. | 46081 |
| The amount of tax due pursuant to sections 5739.02, 5739.021, | 46082 |
| 5739.023, and 5739.026 of the Revised Code is the sum of the taxes | 46083 |
| imposed pursuant to those sections at the sourcing location of the | 46084 |
| sale as determined under this section or, if applicable, under | 46085 |
| division (C) of section 5739.031 or section 5739.034 of the | 46086 |
| Revised Code, or at the situs of the sale as determined under | 46087 |
| section 5739.035 of the Revised Code. This section applies only to | 46088 |
| a vendor's or seller's obligation to collect and remit sales taxes | 46089 |
| under section 5739.02, 5739.021, 5739.023, or 5739.026 of the | 46090 |
| Revised Code or use taxes under section 5741.02, 5741.021, | 46091 |
| 5741.022, or 5741.023 of the Revised Code. Division (A) of this | 46092 |
| section does not apply in determining the jurisdiction for which | 46093 |
| sellers are required to collect the use tax under section 5741.05 | 46094 |
| of the Revised Code. This section does not affect the obligation | 46095 |
| of a consumer to remit use taxes on the storage, use, or other | 46096 |
| consumption of tangible personal property or on the benefit | 46097 |
| realized of any service provided, to the jurisdiction of that | 46098 |
| storage, use, or consumption, or benefit realized. | 46099 |
| (B)(1) As used in this division: | 46100 |
| (a) "Delivery sale" means the taxable sale of tangible | 46101 |
| personal property or a service that is received by a consumer, or | 46102 |
| a donee designated by the consumer, in a taxing jurisdiction that | 46103 |
| is not the taxing jurisdiction in which the vendor has a fixed | 46104 |
| place of business. | 46105 |
| (b) "Agreement" has the same meaning as in section 5740.01 of | 46106 |
| the Revised Code. | 46107 |
| (c) "Governing board" has the same meaning as in section | 46108 |
| 5740.02 of the Revised Code. | 46109 |
| (2)(a) A vendor with total delivery sales in calendar year | 46110 |
| 2005 that are less than thirty million dollars may continue to | 46111 |
| situs its sales under section 5739.035 of the Revised Code from | 46112 |
| May 1, 2006, through April 30, 2007, except that, if the tax | 46113 |
| commissioner does not enter a determination in the commissioner's | 46114 |
| journal under division (B)(2)(b) of this section, those dates | 46115 |
| shall be May 1, 2006, through December 31, 2007. | 46116 |
| (b) On or before February 1, 2007, the tax commissioner shall | 46117 |
| determine whether certified service provider services are being | 46118 |
| provided by the governing board of the streamlined sales and use | 46119 |
| tax agreement for all delivery sales. If the commissioner | 46120 |
| determines that such services are being so provided, the | 46121 |
| commissioner shall enter the determination in the commissioner's | 46122 |
| journal and shall provide notice of the determination on the | 46123 |
| department of taxation's official internet web site. If the | 46124 |
| commissioner makes such an entry in the journal, then a vendor | 46125 |
| with total delivery sales in calendar year 2006 that are less than | 46126 |
| five million dollars may continue to situs its sales under section | 46127 |
| 5739.035 of the Revised Code from May 1, 2007, through December | 46128 |
| 31, 2007. | 46129 |
| (3) Beginning January 1, 2008, all vendors shall source their | 46130 |
| sales under divisions (C) to (I) of this section. | 46131 |
| (4) Once a vendor has total delivery sales that exceed the | 46132 |
| dollar amount in division (B)(2)(a) or (b) of this section, the | 46133 |
| vendor shall source its sales under divisions (C) to (I) of this | 46134 |
| section and shall continue to source its sales under those | 46135 |
| divisions, regardless of the amount of the vendor's total delivery | 46136 |
| sales in future years. | 46137 |
| (C) Except for sales, other than leases, of titled motor | 46138 |
| vehicles, titled watercraft, or titled outboard motors as provided | 46139 |
| in | 46140 |
| as otherwise provided in this section and section 5739.034 of the | 46141 |
| Revised Code, all sales shall be sourced as follows: | 46142 |
| (1) If the consumer or a donee designated by the consumer | 46143 |
| receives tangible personal property or a service at a vendor's | 46144 |
| place of business, the sale shall be sourced to that place of | 46145 |
| business. | 46146 |
| (2) When the tangible personal property or service is not | 46147 |
| received at a vendor's place of business, the sale shall be | 46148 |
| sourced to the location known to the vendor where the consumer or | 46149 |
| the donee designated by the consumer receives the tangible | 46150 |
| personal property or service, including the location indicated by | 46151 |
| instructions for delivery to the consumer or the consumer's donee. | 46152 |
| (3) If divisions (C)(1) and (2) of this section do not apply, | 46153 |
| the sale shall be sourced to the location indicated by an address | 46154 |
| for the consumer that is available from the vendor's business | 46155 |
| records that are maintained in the ordinary course of the | 46156 |
| vendor's business, when use of that address does not constitute | 46157 |
| bad faith. | 46158 |
| (4) If divisions (C)(1), (2), and (3) of this section do not | 46159 |
| apply, the sale shall be sourced to the location indicated by an | 46160 |
| address for the consumer obtained during the consummation of the | 46161 |
| sale, including the address associated with the consumer's payment | 46162 |
| instrument, if no other address is available, when use of that | 46163 |
| address does not constitute bad faith. | 46164 |
| (5) If divisions (C)(1), (2), (3), and (4) of this section do | 46165 |
| not apply, including in the circumstance where the vendor is | 46166 |
| without sufficient information to apply any of those divisions, | 46167 |
| the sale shall be sourced to the address from which tangible | 46168 |
| personal property was shipped, or from which the service was | 46169 |
| provided, disregarding any location that merely provided the | 46170 |
| electronic transfer of the property sold or service provided. | 46171 |
| (6) As used in division (C) of this section, "receive" means | 46172 |
| taking possession of tangible personal property or making first | 46173 |
| use of a service. "Receive" does not include possession by a | 46174 |
| shipping company on behalf of a consumer. | 46175 |
| (D)(1)(a) Notwithstanding divisions (C)(1) to (5) of this | 46176 |
| section, a business consumer that is not a holder of a direct | 46177 |
| payment permit granted under section 5739.031 of the Revised Code, | 46178 |
| that purchases a digital good, computer software, except computer | 46179 |
| software received in person by a business consumer at a vendor's | 46180 |
| place of business, or a service, and that knows at the time of | 46181 |
| purchase that such digital good, software, or service will be | 46182 |
| concurrently available for use in more than one taxing | 46183 |
| jurisdiction shall deliver to the vendor in conjunction with its | 46184 |
| purchase an exemption certificate claiming multiple points of use, | 46185 |
| or shall meet the requirements of division (D)(2) of this section. | 46186 |
| On receipt of the exemption certificate claiming multiple points | 46187 |
| of use, the vendor is relieved of its obligation to collect, pay, | 46188 |
| or remit the tax due, and the business consumer must pay the tax | 46189 |
| directly to the state. | 46190 |
| (b) A business consumer that delivers the exemption | 46191 |
| certificate claiming multiple points of use to a vendor may use | 46192 |
| any reasonable, consistent, and uniform method of apportioning the | 46193 |
| tax due on the digital good, computer software, or service that is | 46194 |
| supported by the consumer's business records as they existed at | 46195 |
| the time of the sale. The business consumer shall report and pay | 46196 |
| the appropriate tax to each jurisdiction where concurrent use | 46197 |
| occurs. The tax due shall be calculated as if the apportioned | 46198 |
| amount of the digital good, computer software, or service had been | 46199 |
| delivered to each jurisdiction to which the sale is apportioned | 46200 |
| under this division. | 46201 |
| (c) The exemption certificate claiming multiple points of use | 46202 |
| shall remain in effect for all future sales by the vendor to the | 46203 |
| business consumer until it is revoked in writing by the business | 46204 |
| consumer, except as to the business consumer's specific | 46205 |
| apportionment of a subsequent sale under division (D)(1)(b) of | 46206 |
| this section and the facts existing at the time of the sale. | 46207 |
| (2) When the vendor knows that a digital good, computer | 46208 |
| software, or service sold will be concurrently available for use | 46209 |
| by the business consumer in more than one jurisdiction, but the | 46210 |
| business consumer does not provide an exemption certificate | 46211 |
| claiming multiple points of use as required by division (D)(1) of | 46212 |
| this section, the vendor may work with the business consumer to | 46213 |
| produce the correct apportionment. Governed by the principles of | 46214 |
| division (D)(1)(b) of this section, the vendor and business | 46215 |
| consumer may use any reasonable, but consistent and uniform, | 46216 |
| method of apportionment that is supported by the vendor's and | 46217 |
| business consumer's books and records as they exist at the time | 46218 |
| the sale is reported for purposes of the taxes levied under this | 46219 |
| chapter. If the business consumer certifies to the accuracy of the | 46220 |
| apportionment and the vendor accepts the certification, the vendor | 46221 |
| shall collect and remit the tax accordingly. In the absence of bad | 46222 |
| faith, the vendor is relieved of any further obligation to collect | 46223 |
| tax on any transaction where the vendor has collected tax pursuant | 46224 |
| to the information certified by the business consumer. | 46225 |
| (3) When the vendor knows that the digital good, computer | 46226 |
| software, or service will be concurrently available for use in | 46227 |
| more than one jurisdiction, and the business consumer does not | 46228 |
| have a direct pay permit and does not provide to the vendor an | 46229 |
| exemption certificate claiming multiple points of use as required | 46230 |
| in division (D)(1) of this section, or certification pursuant to | 46231 |
| division (D)(2) of this section, the vendor shall collect and | 46232 |
| remit the tax based on division (C) of this section. | 46233 |
| (4) Nothing in this section shall limit a person's obligation | 46234 |
| for sales or use tax to any state in which a digital good, | 46235 |
| computer software, or service is concurrently available for use, | 46236 |
| nor limit a person's ability under local, state, or federal law, | 46237 |
| to claim a credit for sales or use taxes legally due and paid to | 46238 |
| other jurisdictions. | 46239 |
| (E) A person who holds a direct payment permit issued under | 46240 |
| section 5739.031 of the Revised Code is not required to deliver an | 46241 |
| exemption certificate claiming multiple points of use to a vendor. | 46242 |
| But such permit holder shall comply with division (D)(2) of this | 46243 |
| section in apportioning the tax due on a digital good, computer | 46244 |
| software, or a service for use in business that will be | 46245 |
| concurrently available for use in more than one taxing | 46246 |
| jurisdiction. | 46247 |
| (F)(1) Notwithstanding divisions (C)(1) to (5) of this | 46248 |
| section, the consumer of direct mail that is not a holder of a | 46249 |
| direct payment permit shall provide to the vendor in conjunction | 46250 |
| with the sale either an exemption certificate claiming direct mail | 46251 |
| prescribed by the tax commissioner, or information to show the | 46252 |
| jurisdictions to which the direct mail is delivered to recipients. | 46253 |
| (2) Upon receipt of such exemption certificate, the vendor is | 46254 |
| relieved of all obligations to collect, pay, or remit the | 46255 |
| applicable tax and the consumer is obligated to pay that tax on a | 46256 |
| direct pay basis. An exemption certificate claiming direct mail | 46257 |
| shall remain in effect for all future sales of direct mail by the | 46258 |
| vendor to the consumer until it is revoked in writing. | 46259 |
| (3) Upon receipt of information from the consumer showing the | 46260 |
| jurisdictions to which the direct mail is delivered to recipients, | 46261 |
| the vendor shall collect the tax according to the delivery | 46262 |
| information provided by the consumer. In the absence of bad faith, | 46263 |
| the vendor is relieved of any further obligation to collect tax on | 46264 |
| any transaction where the vendor has collected tax pursuant to the | 46265 |
| delivery information provided by the consumer. | 46266 |
| (4) If the consumer of direct mail does not have a direct | 46267 |
| payment permit and does not provide the vendor with either an | 46268 |
| exemption certificate claiming direct mail or delivery information | 46269 |
| as required by division (F)(1) of this section, the vendor shall | 46270 |
| collect the tax according to division (C)(5) of this section. | 46271 |
| Nothing in division (F)(4) of this section shall limit a | 46272 |
| consumer's obligation to pay sales or use tax to any state to | 46273 |
| which the direct mail is delivered. | 46274 |
| (5) If a consumer of direct mail provides the vendor with | 46275 |
| documentation of direct payment authority, the consumer shall not | 46276 |
| be required to provide an exemption certificate claiming direct | 46277 |
| mail or delivery information to the vendor. | 46278 |
| (G) If the vendor provides lodging to transient guests as | 46279 |
| specified in division (B)(2) of section 5739.01 of the Revised | 46280 |
| Code, the sale shall be sourced to the location where the lodging | 46281 |
| is located. | 46282 |
| (H)(1) As used in this division and division (I) of this | 46283 |
| section, "transportation equipment" means any of the following: | 46284 |
| (a) Locomotives and railcars that are utilized for the | 46285 |
| carriage of persons or property in interstate commerce. | 46286 |
| (b) Trucks and truck-tractors with a gross vehicle weight | 46287 |
| rating of greater than ten thousand pounds, trailers, | 46288 |
| semi-trailers, or passenger buses that are registered through the | 46289 |
| international registration plan and are operated under authority | 46290 |
| of a carrier authorized and certificated by the United States | 46291 |
| department of transportation or another federal authority to | 46292 |
| engage in the carriage of persons or property in interstate | 46293 |
| commerce. | 46294 |
| (c) Aircraft that are operated by air carriers authorized and | 46295 |
| certificated by the United States department of transportation or | 46296 |
| another federal authority to engage in the carriage of persons or | 46297 |
| property in interstate or foreign commerce. | 46298 |
| (d) Containers designed for use on and component parts | 46299 |
| attached to or secured on the items set forth in division | 46300 |
| (H)(1)(a), (b), or (c) of this section. | 46301 |
| (2) A sale, lease, or rental of transportation equipment | 46302 |
| shall be sourced pursuant to division (C) of this section. | 46303 |
| (I)(1) A lease or rental of tangible personal property that | 46304 |
| does not require recurring periodic payments shall be sourced | 46305 |
| pursuant to division (C) of this section. | 46306 |
| (2) A lease or rental of tangible personal property that | 46307 |
| requires recurring periodic payments shall be sourced as follows: | 46308 |
| (a) In the case of a motor vehicle, other than a motor | 46309 |
| vehicle that is transportation equipment, or an aircraft, other | 46310 |
| than an aircraft that is transportation equipment, such lease or | 46311 |
| rental shall be sourced as follows: | 46312 |
| (i) An accelerated tax payment on a lease or rental taxed | 46313 |
| pursuant to division (A)(2) of section 5739.02 of the Revised Code | 46314 |
| shall be sourced to the primary property location at the time the | 46315 |
| lease or rental is consummated. Any subsequent taxable charges on | 46316 |
| the lease or rental shall be sourced to the primary property | 46317 |
| location for the period in which the charges are incurred. | 46318 |
| (ii) For a lease or rental taxed pursuant to division (A)(3) | 46319 |
| of section 5739.02 of the Revised Code, each lease or rental | 46320 |
| installment shall be sourced to the primary property location for | 46321 |
| the period covered by the installment. | 46322 |
| (b) In the case of a lease or rental of all other tangible | 46323 |
| personal property, other than transportation equipment, such lease | 46324 |
| or rental shall be sourced as follows: | 46325 |
| (i) An accelerated tax payment on a lease or rental that is | 46326 |
| taxed pursuant to division (A)(2) of section 5739.02 of the | 46327 |
| Revised Code shall be sourced pursuant to division (C) of this | 46328 |
| section at the time the lease or rental is consummated. Any | 46329 |
| subsequent taxable charges on the lease or rental shall be sourced | 46330 |
| to the primary property location for the period in which the | 46331 |
| charges are incurred. | 46332 |
| (ii) For a lease or rental that is taxed pursuant to division | 46333 |
| (A)(3) of section 5739.02 of the Revised Code, the initial lease | 46334 |
| or rental installment shall be sourced pursuant to division (C) of | 46335 |
| this section. Each subsequent installment shall be sourced to the | 46336 |
| primary property location for the period covered by the | 46337 |
| installment. | 46338 |
| (3) As used in division (I) of this section, "primary | 46339 |
| property location" means an address for tangible personal property | 46340 |
| provided by the lessee or renter that is available to the lessor | 46341 |
| or owner from its records maintained in the ordinary course of | 46342 |
| business, when use of that address does not constitute bad faith. | 46343 |
| Sec. 5739.12. (A) Each person who has or is required to have | 46344 |
| a vendor's license, on or before the twenty-third day of each | 46345 |
| month, shall make and file a return for the preceding month, on | 46346 |
| forms prescribed by the tax commissioner, and shall pay the tax | 46347 |
| shown on the return to be due. The commissioner may require a | 46348 |
| vendor that operates from multiple locations or has multiple | 46349 |
| vendor's licenses to report all tax liabilities on one | 46350 |
| consolidated return. The return shall show the amount of tax due | 46351 |
| from the vendor to the state for the period covered by the return | 46352 |
| and such other information as the commissioner deems necessary for | 46353 |
| the proper administration of this chapter. The commissioner may | 46354 |
| extend the time for making and filing returns and paying the tax, | 46355 |
| and may require that the return for the last month of any annual | 46356 |
| or semiannual period, as determined by the commissioner, be a | 46357 |
| reconciliation return detailing the vendor's sales activity for | 46358 |
| the preceding annual or semiannual period. The reconciliation | 46359 |
| return shall be filed by the last day of the month following the | 46360 |
| last month of the annual or semiannual period. The commissioner | 46361 |
| may remit all or any part of amounts or penalties that may become | 46362 |
| due under this chapter and may adopt rules relating thereto. Such | 46363 |
| return shall be filed by mailing it to the tax commissioner, | 46364 |
| together with payment of the amount of tax shown to be due thereon | 46365 |
| after deduction of any discount provided for under this section. | 46366 |
| Remittance shall be made payable to the treasurer of state. The | 46367 |
| return shall be considered filed when received by the tax | 46368 |
| commissioner, and the payment shall be considered made when | 46369 |
| received by the tax commissioner or when credited to an account | 46370 |
| designated by the treasurer of state or the tax commissioner. | 46371 |
| (B)(1) If the return is filed and the amount of tax shown | 46372 |
| thereon to be due is paid on or before the date such return is | 46373 |
| required to be
filed, the vendor
shall be entitled to | 46374 |
| 46375 |
| | 46376 |
| 2007, nine-tenths of one per cent of the amount shown to be due on | 46377 |
| the return; | 46378 |
| | 46379 |
| cent of the amount shown to be due on the return. | 46380 |
| (2) A vendor that has selected a certified service provider | 46381 |
| as its agent shall not be entitled to the discount if the | 46382 |
| certified service provider receives a monetary allowance pursuant | 46383 |
| to section 5739.06 of the Revised Code for performing the vendor's | 46384 |
| sales and use tax functions in this state. Amounts paid to the | 46385 |
| clerk of courts pursuant to section 4505.06 of the Revised Code | 46386 |
| shall be subject to the applicable discount. The discount shall be | 46387 |
| in consideration for prompt payment to the clerk of courts and for | 46388 |
| other services performed by the vendor in the collection of the | 46389 |
| tax. | 46390 |
| (3) Vendors of watercraft or outboard motors required to be | 46391 |
| titled under section 1548.06 of the Revised Code, dealers of motor | 46392 |
| vehicles required to be titled under section 4505.06 of the | 46393 |
| Revised Code, and dealers of off-highway motorcycles or | 46394 |
| all-purpose vehicles required to be titled under section 4519.55 | 46395 |
| of the Revised Code that submit to the clerk of the court of | 46396 |
| common pleas payment of the tax collected on sales of watercraft, | 46397 |
| outboard motors, motor vehicles, off-highway motorcycles, or | 46398 |
| all-purpose vehicles may, when computing the discount provided for | 46399 |
| in division (B)(1) of this section, include those sales on the | 46400 |
| return for the period in which the sales were made. If the tax | 46401 |
| reported to be due on the return is less than the discount allowed | 46402 |
| under this section, the vendor or dealer may file a claim for | 46403 |
| refund of any unused discount in the manner provided in section | 46404 |
| 5739.07 of the Revised Code, provided that such refund claims may | 46405 |
| not be filed more frequently than twice per year by a vendor or | 46406 |
| dealer. | 46407 |
| (C)(1) Upon application to the commissioner, a vendor who is | 46408 |
| required to file monthly returns may be relieved of the | 46409 |
| requirement to report and pay the actual tax due, provided that | 46410 |
| the vendor agrees to remit to the tax commissioner payment of not | 46411 |
| less than an amount determined by the commissioner to be the | 46412 |
| average monthly tax liability of the vendor, based upon a review | 46413 |
| of the returns or other information pertaining to such vendor for | 46414 |
| a period of not less than six months nor more than two years | 46415 |
| immediately preceding the filing of the application. Vendors who | 46416 |
| agree to the above conditions shall make and file an annual or | 46417 |
| semiannual reconciliation return, as prescribed by the | 46418 |
| commissioner. The reconciliation return shall be filed by mailing | 46419 |
| or delivering it to the tax commissioner, together with payment of | 46420 |
| the amount of tax shown to be due thereon after deduction of any | 46421 |
| discount provided in this section. Remittance shall be made | 46422 |
| payable to the treasurer of state. Failure of a vendor to comply | 46423 |
| with any of the above conditions may result in immediate | 46424 |
| reinstatement of the requirement of reporting and paying the | 46425 |
| actual tax liability on each monthly return, and the commissioner | 46426 |
| may at the commissioner's discretion deny the vendor the right to | 46427 |
| report and pay based upon the average monthly liability for a | 46428 |
| period not to exceed two years. The amount ascertained by the | 46429 |
| commissioner to be the average monthly tax liability of a vendor | 46430 |
| may be adjusted, based upon a review of the returns or other | 46431 |
| information pertaining to the vendor for a period of not less than | 46432 |
| six months nor more than two years preceding such adjustment. | 46433 |
| (2) The commissioner may authorize vendors whose tax | 46434 |
| liability is not such as to merit monthly returns, as ascertained | 46435 |
| by the commissioner upon the basis of administrative costs to the | 46436 |
| state, to make and file returns at less frequent intervals. When | 46437 |
| returns are filed at less frequent intervals in accordance with | 46438 |
| such authorization, the vendor shall be allowed the discount | 46439 |
| provided in this section in consideration for prompt payment with | 46440 |
| the return, provided the return is filed together with payment of | 46441 |
| the amount of tax shown to be due thereon, at the time specified | 46442 |
| by the commissioner, but a vendor that has selected a certified | 46443 |
| service provider as its agent shall not be entitled to the | 46444 |
| discount. | 46445 |
| (D) Any vendor who fails to file a return or pay the full | 46446 |
| amount of the tax shown on the return to be due under this section | 46447 |
| and the rules of the commissioner may, for each such return the | 46448 |
| vendor fails to file or each such tax the vendor fails to pay in | 46449 |
| full as shown on the return within the period prescribed by this | 46450 |
| section and the rules of the commissioner, be required to forfeit | 46451 |
| and pay into the state treasury an additional charge not exceeding | 46452 |
| fifty dollars or ten per cent of the tax required to be paid for | 46453 |
| the reporting period, whichever is greater, as revenue arising | 46454 |
| from the tax imposed by this chapter, and such sum may be | 46455 |
| collected by assessment in the manner provided in section 5739.13 | 46456 |
| of the Revised Code. The commissioner may remit all or a portion | 46457 |
| of the additional charge and may adopt rules relating to the | 46458 |
| imposition and remission of the additional charge. | 46459 |
| (E) If the amount required to be collected by a vendor from | 46460 |
| consumers is in excess of the applicable percentage of the | 46461 |
| vendor's receipts from sales that are taxable under section | 46462 |
| 5739.02 of the Revised Code, or in the case of sales subject to a | 46463 |
| tax levied pursuant to section 5739.021, 5739.023, or 5739.026 of | 46464 |
| the Revised Code, in excess of the percentage equal to the | 46465 |
| aggregate rate of such taxes and the tax levied by section 5739.02 | 46466 |
| of the Revised Code, such excess shall be remitted along with the | 46467 |
| remittance of the amount of tax due under section 5739.10 of the | 46468 |
| Revised Code. | 46469 |
| (F) The commissioner, if the commissioner deems it necessary | 46470 |
| in order to insure the payment of the tax imposed by this chapter, | 46471 |
| may require returns and payments to be made for other than monthly | 46472 |
| periods. The returns shall be signed by the vendor or the vendor's | 46473 |
| authorized agent. | 46474 |
| (G) Any vendor required to file a return and pay the tax | 46475 |
| under this section, whose total payment equals or exceeds the | 46476 |
| amount shown in division (A) of section 5739.122 of the Revised | 46477 |
| Code, shall make each payment required by this section in the | 46478 |
| second ensuing and each succeeding year by electronic funds | 46479 |
| transfer as prescribed by, and on or before the dates specified | 46480 |
| in, section 5739.122 of the Revised Code, except as otherwise | 46481 |
| prescribed by that section. For a vendor that operates from | 46482 |
| multiple locations or has multiple vendor's licenses, in | 46483 |
| determining whether the vendor's total payment equals or exceeds | 46484 |
| the amount shown in division (A) of that section, the vendor's | 46485 |
| total payment amount shall be the amount of the vendor's total tax | 46486 |
| liability for the previous calendar year for all of the vendor's | 46487 |
| locations or licenses. | 46488 |
| Sec. 5739.21. (A) | 46489 |
| of all money deposited into the state treasury under sections | 46490 |
| 5739.01 to 5739.31 of the Revised Code and not required to be | 46491 |
| distributed as provided in section 5739.102 of the Revised Code or | 46492 |
| division (B)
of this section shall be credited to | 46493 |
| 46494 | |
| 46495 | |
| 46496 | |
| 46497 | |
| 46498 | |
| the general revenue fund. | 46499 |
| (B)(1) In any case where any county or transit authority has | 46500 |
| levied a tax or taxes pursuant to section 5739.021, 5739.023, or | 46501 |
| 5739.026 of the Revised Code, the tax commissioner shall, within | 46502 |
| forty-five days after the end of each month, determine and certify | 46503 |
| to the director of budget and management the amount of the | 46504 |
| proceeds of such tax or taxes received during that month from | 46505 |
| billings and assessments, or associated with tax returns or | 46506 |
| reports filed during that month, to be returned to the county or | 46507 |
| transit authority levying the tax or taxes. The amount to be | 46508 |
| returned to each county and transit authority shall be a fraction | 46509 |
| of the aggregate amount of money collected with respect to each | 46510 |
| area in which one or more of such taxes are concurrently in effect | 46511 |
| with the tax levied by section 5739.02 of the Revised Code. The | 46512 |
| numerator of the fraction is the rate of the tax levied by the | 46513 |
| county or transit authority and the denominator of the fraction is | 46514 |
| the aggregate rate of such taxes applicable to such area. The | 46515 |
| amount to be returned to each county or transit authority shall be | 46516 |
| reduced by the amount of any refunds of county or transit | 46517 |
| authority tax paid pursuant to section 5739.07 of the Revised Code | 46518 |
| during the same month, or transfers made pursuant to division | 46519 |
| (B)(2) of section 5703.052 of the Revised Code. | 46520 |
| (2) On a periodic basis, using the best information | 46521 |
| available, the tax commissioner shall distribute any amount of a | 46522 |
| county or transit authority tax that cannot be distributed under | 46523 |
| division (B)(1) of this section. Through audit or other means, the | 46524 |
| commissioner shall attempt to obtain the information necessary to | 46525 |
| make the distribution as provided under that division and, on | 46526 |
| receipt of that information, shall make adjustments to | 46527 |
| distributions previously made under this division. | 46528 |
| (C) The aggregate amount to be returned to any county or | 46529 |
| transit authority shall be reduced by one per cent, which shall be | 46530 |
| certified directly to the credit of the local sales tax | 46531 |
| administrative fund, which is hereby created in the state | 46532 |
| treasury. For the purpose of determining the amount to be returned | 46533 |
| to a county and transit authority in which the rate of tax imposed | 46534 |
| by the transit authority has been reduced under section 5739.028 | 46535 |
| of the Revised Code, the tax commissioner shall use the respective | 46536 |
| rates of tax imposed by the county or transit authority that | 46537 |
| results from the change in the rates authorized under that | 46538 |
| section. | 46539 |
| (D) The director of budget and management shall transfer, | 46540 |
| from the same funds and in the same proportions specified in | 46541 |
| division (A) of this section, to the permissive tax distribution | 46542 |
| fund created by division (B)(1) of section 4301.423 of the Revised | 46543 |
| Code and to the local sales tax administrative fund, the amounts | 46544 |
| certified by the tax commissioner. The tax commissioner shall | 46545 |
| then, on or before the twentieth day of the month in which such | 46546 |
| certification is made, provide for payment of such respective | 46547 |
| amounts to the county treasurer and to the fiscal officer of the | 46548 |
| transit authority levying the tax or taxes. The amount transferred | 46549 |
| to the local sales tax administrative fund is for use by the tax | 46550 |
| commissioner in defraying costs incurred in administering such | 46551 |
| taxes levied by a county or transit authority. | 46552 |
| Sec. 5739.213. Notwithstanding section 5739.21 or 5741.03 of | 46553 |
| the Revised Code, of the revenue collected from the tax due under | 46554 |
| division (A) of section 5739.029 of the Revised Code, an amount | 46555 |
| equal to one-half per cent of the price of each transaction | 46556 |
| subject to taxation under that division shall be distributed to | 46557 |
| the county where the sale is sitused as provided in section | 46558 |
| 5739.035 of the Revised Code. The amount to be so distributed to | 46559 |
| each county shall be credited to the funds of the county as | 46560 |
| provided by divisions (A) and (B) of section 5739.211 of the | 46561 |
| Revised Code. | 46562 |
| Sec. 5741.02. (A)(1) For the use of the general revenue fund | 46563 |
| of the state, an excise tax is hereby levied on the storage, use, | 46564 |
| or other consumption in this state of tangible personal property | 46565 |
| or the benefit realized in this state of any service provided. The | 46566 |
| tax shall be collected as provided in section 5739.025 of the | 46567 |
| Revised Code, provided that on and after July 1, 2003, and on or | 46568 |
| before June 30, 2005, the rate of the tax shall be six per cent. | 46569 |
| On and after July 1, 2005, the rate of the tax shall be five and | 46570 |
| one-half per cent. | 46571 |
| (2) In the case of the lease or rental, with a fixed term of | 46572 |
| more than thirty days or an indefinite term with a minimum period | 46573 |
| of more than thirty days, of any motor vehicles designed by the | 46574 |
| manufacturer to carry a load of not more than one ton, watercraft, | 46575 |
| outboard motor, or aircraft, or of any tangible personal property, | 46576 |
| other than motor vehicles designed by the manufacturer to carry a | 46577 |
| load of more than one ton, to be used by the lessee or renter | 46578 |
| primarily for business purposes, the tax shall be collected by the | 46579 |
| seller at the time the lease or rental is consummated and shall be | 46580 |
| calculated by the seller on the basis of the total amount to be | 46581 |
| paid by the lessee or renter under the lease or rental agreement. | 46582 |
| If the total amount of the consideration for the lease or rental | 46583 |
| includes amounts that are not calculated at the time the lease or | 46584 |
| rental is executed, the tax shall be calculated and collected by | 46585 |
| the seller at the time such amounts are billed to the lessee or | 46586 |
| renter. In the case of an open-end lease or rental, the tax shall | 46587 |
| be calculated by the seller on the basis of the total amount to be | 46588 |
| paid during the initial fixed term of the lease or rental, and for | 46589 |
| each subsequent renewal period as it comes due. As used in this | 46590 |
| division, "motor vehicle" has the same meaning as in section | 46591 |
| 4501.01 of the Revised Code, and "watercraft" includes an outdrive | 46592 |
| unit attached to the watercraft. | 46593 |
| (3) Except as provided in division (A)(2) of this section, in | 46594 |
| the case of a transaction, the price of which consists in whole or | 46595 |
| part of the lease or rental of tangible personal property, the tax | 46596 |
| shall be measured by the installments of those leases or rentals. | 46597 |
| (B) Each consumer, storing, using, or otherwise consuming in | 46598 |
| this state tangible personal property or realizing in this state | 46599 |
| the benefit of any service provided, shall be liable for the tax, | 46600 |
| and such liability shall not be extinguished until the tax has | 46601 |
| been paid to this state; provided, that the consumer shall be | 46602 |
| relieved from further liability for the tax if the tax has been | 46603 |
| paid to a seller in accordance with section 5741.04 of the Revised | 46604 |
| Code or prepaid by the seller in accordance with section 5741.06 | 46605 |
| of the Revised Code. | 46606 |
| (C) The tax does not apply to the storage, use, or | 46607 |
| consumption in this state of the following described tangible | 46608 |
| personal property or services, nor to the storage, use, or | 46609 |
| consumption or benefit in this state of tangible personal property | 46610 |
| or services purchased under the following described circumstances: | 46611 |
| (1) When the sale of property or service in this state is | 46612 |
| subject to the excise tax imposed by sections 5739.01 to 5739.31 | 46613 |
| of the Revised Code, provided said tax has been paid; | 46614 |
| (2) Except as provided in division (D) of this section, | 46615 |
| tangible personal property or services, the acquisition of which, | 46616 |
| if made in Ohio, would be a sale not subject to the tax imposed by | 46617 |
| sections 5739.01 to 5739.31 of the Revised Code; | 46618 |
| (3) Property or services, the storage, use, or other | 46619 |
| consumption of or benefit from which this state is prohibited from | 46620 |
| taxing by the Constitution of the United States, laws of the | 46621 |
| United States, or the Constitution of this state. This exemption | 46622 |
| shall not exempt from the application of the tax imposed by this | 46623 |
| section the storage, use, or consumption of tangible personal | 46624 |
| property that was purchased in interstate commerce, but that has | 46625 |
| come to rest in this state, provided that fuel to be used or | 46626 |
| transported in carrying on interstate commerce that is stopped | 46627 |
| within this state pending transfer from one conveyance to another | 46628 |
| is exempt from the excise tax imposed by this section and section | 46629 |
| 5739.02 of the Revised Code; | 46630 |
| (4) Transient use of tangible personal property in this state | 46631 |
| by a nonresident tourist or vacationer, or a nonbusiness use | 46632 |
| within this state by a nonresident of this state, if the property | 46633 |
| so used was purchased outside this state for use outside this | 46634 |
| state and is not required to be registered or licensed under the | 46635 |
| laws of this state; | 46636 |
| (5) Tangible personal property or services rendered, upon | 46637 |
| which taxes have been paid to another jurisdiction to the extent | 46638 |
| of the amount of the tax paid to such other jurisdiction. Where | 46639 |
| the amount of the tax imposed by this section and imposed pursuant | 46640 |
| to section 5741.021, 5741.022, or 5741.023 of the Revised Code | 46641 |
| exceeds the amount paid to another jurisdiction, the difference | 46642 |
| shall be allocated between the tax imposed by this section and any | 46643 |
| tax imposed by a county or a transit authority pursuant to section | 46644 |
| 5741.021, 5741.022, or 5741.023 of the Revised Code, in proportion | 46645 |
| to the respective rates of such taxes. | 46646 |
| As used in this subdivision, "taxes paid to another | 46647 |
| jurisdiction" means the total amount of retail sales or use tax or | 46648 |
| similar tax based upon the sale, purchase, or use of tangible | 46649 |
| personal property or services rendered legally, levied by and paid | 46650 |
| to another state or political subdivision thereof, or to the | 46651 |
| District of Columbia, where the payment of such tax does not | 46652 |
| entitle the taxpayer to any refund or credit for such payment. | 46653 |
| (6) The transfer of a used manufactured home or used mobile | 46654 |
| home, as defined by section 5739.0210 of the Revised Code, made on | 46655 |
| or after January 1, 2000; | 46656 |
| (7) Drugs that are or are intended to be distributed free of | 46657 |
| charge to a practitioner licensed to prescribe, dispense, and | 46658 |
| administer drugs to a human being in the course of a professional | 46659 |
| practice and that by law may be dispensed only by or upon the | 46660 |
| order of such a practitioner. | 46661 |
| (8) Computer equipment and related software leased from a | 46662 |
| lessor located outside this state and initially received in this | 46663 |
| state on behalf of the consumer by a third party that will retain | 46664 |
| possession of such property for not more than ninety days and that | 46665 |
| will, within that ninety-day period, deliver such property to the | 46666 |
| consumer at a location outside this state. Division (C)(8) of this | 46667 |
| section does not provide exemption from taxation for any otherwise | 46668 |
| taxable charges associated with such property while it is in this | 46669 |
| state or for any subsequent storage, use, or consumption of such | 46670 |
| property in this state by or on behalf of the consumer. | 46671 |
| (9) Cigarettes that have a wholesale value of three hundred | 46672 |
| dollars or less used, stored, or consumed, but not for resale, in | 46673 |
| any month and in any county that shares a border with a state in | 46674 |
| which the total rate of excise tax on the sale or use of | 46675 |
| cigarettes exceeds the rate imposed under sections 5743.02 and | 46676 |
| 5743.32 of the Revised Code by at least forty-five mills per | 46677 |
| cigarette. | 46678 |
| (10) Tangible personal property held for sale by a person but | 46679 |
| not for that person's own use and donated by that person, without | 46680 |
| charge or other compensation, to either of the following: | 46681 |
| (a) A nonprofit organization operated exclusively for | 46682 |
| charitable purposes in this state, no part of the net income of | 46683 |
| which inures to the benefit of any private shareholder or | 46684 |
| individual and no substantial part of the activities of which | 46685 |
| consists of carrying on propaganda or otherwise attempting to | 46686 |
| influence legislation; or | 46687 |
| (b) This state or any political subdivision of this state, | 46688 |
| but only if donated for exclusively public purposes. | 46689 |
| For the purposes of division (C) | 46690 |
| "charitable purposes" has the same meaning as in division (B)(12) | 46691 |
| of section 5739.02 of the Revised Code. | 46692 |
| (D) The tax applies to the storage, use, or other consumption | 46693 |
| in this state of tangible personal property or services, the | 46694 |
| acquisition of which at the time of sale was excepted under | 46695 |
| division (E) of section 5739.01 of the Revised Code from the tax | 46696 |
| imposed by section 5739.02 of the Revised Code, but which has | 46697 |
| subsequently been temporarily or permanently stored, used, or | 46698 |
| otherwise consumed in a taxable manner. | 46699 |
| (E)(1)(a) If any transaction is claimed to be exempt under | 46700 |
| division (E) of section 5739.01 of the Revised Code or under | 46701 |
| section 5739.02 of the Revised Code, with the exception of | 46702 |
| divisions (B)(1) to (11) or (28) of section 5739.02 of the Revised | 46703 |
| Code, the consumer shall provide to the seller, and the seller | 46704 |
| shall obtain from the consumer, a certificate specifying the | 46705 |
| reason that the transaction is not subject to the tax. The | 46706 |
| certificate shall be in such form, and shall be provided either in | 46707 |
| a hard copy form or electronic form, as the tax commissioner | 46708 |
| prescribes. | 46709 |
| (b) A seller that obtains a fully completed exemption | 46710 |
| certificate from a consumer is relieved of liability for | 46711 |
| collecting and remitting tax on any sale covered by that | 46712 |
| certificate. If it is determined the exemption was improperly | 46713 |
| claimed, the consumer shall be liable for any tax due on that sale | 46714 |
| under this chapter. Relief under this division from liability does | 46715 |
| not apply to any of the following: | 46716 |
| (i) A seller that fraudulently fails to collect tax; | 46717 |
| (ii) A seller that solicits consumers to participate in the | 46718 |
| unlawful claim of an exemption; | 46719 |
| (iii) A seller that accepts an exemption certificate from a | 46720 |
| consumer that claims an exemption based on who purchases or who | 46721 |
| sells property or a service, when the subject of the transaction | 46722 |
| sought to be covered by the exemption certificate is actually | 46723 |
| received by the consumer at a location operated by the seller in | 46724 |
| this state, and this state has posted to its web site an exemption | 46725 |
| certificate form that clearly and affirmatively indicates that the | 46726 |
| claimed exemption is not available in this state; | 46727 |
| (iv) A seller that accepts an exemption certificate from a | 46728 |
| consumer who claims a multiple points of use exemption under | 46729 |
| division (D) of section 5739.033 of the Revised Code, if the item | 46730 |
| purchased is tangible personal property, other than prewritten | 46731 |
| computer software. | 46732 |
| (2) The seller shall maintain records, including exemption | 46733 |
| certificates, of all sales on which a consumer has claimed an | 46734 |
| exemption, and provide them to the tax commissioner on request. | 46735 |
| (3) If no certificate is provided or obtained within ninety | 46736 |
| days after the date on which the transaction is consummated, it | 46737 |
| shall be presumed that the tax applies. Failure to have so | 46738 |
| provided or obtained a certificate shall not preclude a seller, | 46739 |
| within one hundred twenty days after the tax commissioner gives | 46740 |
| written notice of intent to levy an assessment, from either | 46741 |
| establishing that the transaction is not subject to the tax, or | 46742 |
| obtaining, in good faith, a fully completed exemption certificate. | 46743 |
| (4) If a transaction is claimed to be exempt under division | 46744 |
| (B)(13) of section 5739.02 of the Revised Code, the contractor | 46745 |
| shall obtain certification of the claimed exemption from the | 46746 |
| contractee. This certification shall be in addition to an | 46747 |
| exemption certificate provided by the contractor to the seller. A | 46748 |
| contractee that provides a certification under this division shall | 46749 |
| be deemed to be the consumer of all items purchased by the | 46750 |
| contractor under the claim of exemption, if it is subsequently | 46751 |
| determined that the exemption is not properly claimed. The | 46752 |
| certification shall be in such form as the tax commissioner | 46753 |
| prescribes. | 46754 |
| (F) A seller who files a petition for reassessment contesting | 46755 |
| the assessment of tax on transactions for which the seller | 46756 |
| obtained no valid exemption certificates, and for which the seller | 46757 |
| failed to establish that the transactions were not subject to the | 46758 |
| tax during the one-hundred-twenty-day period allowed under | 46759 |
| division (E) of this section, may present to the tax commissioner | 46760 |
| additional evidence to prove that the transactions were exempt. | 46761 |
| The seller shall file such evidence within ninety days of the | 46762 |
| receipt by the seller of the notice of assessment, except that, | 46763 |
| upon application and for reasonable cause, the tax commissioner | 46764 |
| may extend the period for submitting such evidence thirty days. | 46765 |
| (G) For the purpose of the proper administration of sections | 46766 |
| 5741.01 to 5741.22 of the Revised Code, and to prevent the evasion | 46767 |
| of the tax hereby levied, it shall be presumed that any use, | 46768 |
| storage, or other consumption of tangible personal property in | 46769 |
| this state is subject to the tax until the contrary is | 46770 |
| established. | 46771 |
| (H) The tax collected by the seller from the consumer under | 46772 |
| this chapter is not part of the price, but is a tax collection for | 46773 |
| the benefit of the state, and of counties levying an additional | 46774 |
| use tax pursuant to section 5741.021 or 5741.023 of the Revised | 46775 |
| Code and of transit authorities levying an additional use tax | 46776 |
| pursuant to section 5741.022 of the Revised Code. Except for the | 46777 |
| discount authorized under section 5741.12 of the Revised Code and | 46778 |
| the effects of any rounding pursuant to section 5703.055 of the | 46779 |
| Revised Code, no person other than the state or such a county or | 46780 |
| transit authority shall derive any benefit from the collection of | 46781 |
| such tax. | 46782 |
| Sec. 5741.03. (A) | 46783 |
| of all money deposited into the state treasury under sections | 46784 |
| 5741.01 to 5741.22 of the Revised Code that is not required to be | 46785 |
| distributed as provided in division (B) of this section shall be | 46786 |
|
credited to | 46787 |
| 46788 | |
| 46789 | |
| 46790 | |
| 46791 | |
| 46792 |
| (B) In any case where any county or transit authority has | 46793 |
| levied a tax or taxes pursuant to section 5741.021, 5741.022, or | 46794 |
| 5741.023 of the Revised Code, the tax commissioner shall, within | 46795 |
| forty-five days after the end of each month, determine and certify | 46796 |
| to the director of budget and management the amount of the | 46797 |
| proceeds of such tax or taxes from billings and assessments | 46798 |
| received during that month, or shown on tax returns or reports | 46799 |
| filed during that month, to be returned to the county or transit | 46800 |
| authority levying the tax or taxes, which amounts shall be | 46801 |
| determined in the manner provided in section 5739.21 of the | 46802 |
| Revised Code. The director of budget and management shall | 46803 |
| transfer, from the same funds and in the same proportions | 46804 |
| specified in division (A) of this section, to the permissive tax | 46805 |
| distribution fund created by division (B)(1) of section 4301.423 | 46806 |
| of the Revised Code and to the local sales tax administrative fund | 46807 |
| created by division | 46808 |
| the amounts certified by the tax commissioner. The tax | 46809 |
| commissioner shall then, on or before the twentieth day of the | 46810 |
| month in which such certification is made, provide for payment of | 46811 |
| such respective amounts to the county treasurer or to the fiscal | 46812 |
| officer of the transit authority levying the tax or taxes. The | 46813 |
| amount transferred to the local sales tax administrative fund is | 46814 |
| for use by the tax commissioner in defraying costs the | 46815 |
| commissioner incurs in administering such taxes levied by a county | 46816 |
| or transit authority. | 46817 |
| Sec. 5743.01. As used in this chapter: | 46818 |
| (A) "Person" includes individuals, firms, partnerships, | 46819 |
| associations, joint-stock companies, corporations, combinations of | 46820 |
| individuals of any form, and the state and any of its political | 46821 |
| subdivisions. | 46822 |
| (B) "Wholesale dealer" includes only those persons: | 46823 |
| (1) Who bring in or cause to be brought into this state | 46824 |
| unstamped cigarettes purchased directly from the manufacturer, | 46825 |
| producer, or importer of cigarettes for sale in this state but | 46826 |
| does not include persons who bring in or cause to be brought into | 46827 |
| this state cigarettes with respect to which no evidence of tax | 46828 |
| payment is required thereon as provided in section 5743.04 of the | 46829 |
| Revised Code; or | 46830 |
| (2) Who are engaged in the business of selling cigarettes or | 46831 |
| tobacco products to others for the purpose of resale. | 46832 |
| "Wholesale dealer" does not include any cigarette | 46833 |
| manufacturer, export warehouse proprietor, or importer with a | 46834 |
| valid permit under 26 U.S.C. 5713 if that person sells cigarettes | 46835 |
| in this state only to wholesale dealers holding valid and current | 46836 |
| licenses under section 5743.15 of the Revised Code or to an export | 46837 |
| warehouse proprietor or another manufacturer. | 46838 |
| (C) "Retail dealer" includes: | 46839 |
| (1) In reference to dealers in cigarettes, every person other | 46840 |
| than a wholesale dealer engaged in the business of selling | 46841 |
| cigarettes in this state, regardless of whether the person is | 46842 |
| located in this state or elsewhere, and regardless of quantity, | 46843 |
| amount, or number of sales; | 46844 |
| (2) In reference to dealers in tobacco products, any person | 46845 |
| in this state engaged in the business of selling tobacco products | 46846 |
| to ultimate consumers in this state, regardless of quantity, | 46847 |
| amount, or number of sales. | 46848 |
| (D) "Sale" includes exchange, barter, gift, offer for sale, | 46849 |
| and distribution, and includes transactions in interstate or | 46850 |
| foreign commerce. | 46851 |
| (E) "Cigarettes" includes any roll for smoking made wholly or | 46852 |
| in part of tobacco, irrespective of size or shape, and whether or | 46853 |
| not such tobacco is flavored, adulterated, or mixed with any other | 46854 |
| ingredient, the wrapper or cover of which is made of paper, | 46855 |
| reconstituted cigarette tobacco, homogenized cigarette tobacco, | 46856 |
| cigarette tobacco sheet, or any similar materials other than cigar | 46857 |
| tobacco. | 46858 |
| (F) "Package" means the individual package, box, or other | 46859 |
| container in or from which retail sales of cigarettes are normally | 46860 |
| made or intended to be made. | 46861 |
| (G) "Stamp" includes an impression made by a metering device | 46862 |
| as provided for in section 5743.04 of the Revised Code. | 46863 |
| (H) "Storage" includes any keeping or retention of cigarettes | 46864 |
| or tobacco products for use or consumption in this state. | 46865 |
| (I) "Use" includes the exercise of any right or power | 46866 |
| incidental to the ownership of cigarettes or tobacco products. | 46867 |
| (J) "Tobacco product" or "other tobacco product" means any | 46868 |
| product made from tobacco, other than cigarettes, that is made for | 46869 |
| smoking or chewing, or both, and snuff. | 46870 |
| (K) "Wholesale price" means the invoice price, including all | 46871 |
| federal excise taxes, at which the manufacturer of the tobacco | 46872 |
| product sells the tobacco product to unaffiliated distributors, | 46873 |
| excluding any discounts based on the method of payment of the | 46874 |
| invoice or on time of payment of the invoice. If the taxpayer buys | 46875 |
| from other than a manufacturer, "wholesale price" means the | 46876 |
| invoice price, including all federal excise taxes and excluding | 46877 |
| any discounts based on the method of payment of the invoice or on | 46878 |
| time of payment of the invoice. | 46879 |
| (L) "Distributor" means: | 46880 |
| (1) Any manufacturer who sells, barters, exchanges, or | 46881 |
| distributes tobacco products to a retail dealer in the state, | 46882 |
| except when selling to a retail dealer that has filed with the | 46883 |
| manufacturer a signed statement agreeing to pay and be liable for | 46884 |
| the tax imposed by section 5743.51 of the Revised Code; | 46885 |
| (2) Any wholesale dealer located in the state who receives | 46886 |
| tobacco products from a manufacturer, or who receives tobacco | 46887 |
| products on which the tax imposed by this chapter has not been | 46888 |
| paid; | 46889 |
| (3) Any wholesale dealer located outside the state who sells, | 46890 |
| barters, exchanges, or distributes tobacco products to a wholesale | 46891 |
| or retail dealer in the state; or | 46892 |
| (4) Any retail dealer who receives tobacco products on which | 46893 |
| the tax has not or will not be paid by another distributor, | 46894 |
| including a retail dealer that has filed a signed statement with a | 46895 |
| manufacturer in which the retail dealer agrees to pay and be | 46896 |
| liable for the tax that would otherwise be imposed on the | 46897 |
| manufacturer by section 5743.51 of the Revised Code. | 46898 |
| (M) "Taxpayer" means any person liable for the tax imposed by | 46899 |
| section 5743.51, 5743.62, or 5743.63 of the Revised Code. | 46900 |
| (N) "Seller" means any person located outside this state | 46901 |
| engaged in the business of selling tobacco products to consumers | 46902 |
| for storage, use, or other consumption in this state. | 46903 |
| (O) "Manufacturer" means any person who manufactures and | 46904 |
| sells cigarettes or tobacco products. | 46905 |
| (P) "Importer" means any person that | 46906 |
| under a valid permit issued under Section 5713 of the Internal | 46907 |
| Revenue Code, to import finished cigarettes into the United | 46908 |
| States, either directly or indirectly. | 46909 |
| Sec. 5743.20. No person shall sell any cigarettes both as a | 46910 |
| retail dealer and as a wholesale dealer at the same place of | 46911 |
| business. No person other than a licensed wholesale dealer shall | 46912 |
| sell cigarettes to a licensed retail dealer. No retail dealer | 46913 |
| shall purchase cigarettes from any person other than a licensed | 46914 |
| wholesale dealer. | 46915 |
| Subject to section 5743.031 of the Revised Code, a licensed | 46916 |
| wholesale dealer may not sell cigarettes to any person in this | 46917 |
| state other than a licensed retail dealer, except a licensed | 46918 |
| wholesale dealer may sell cigarettes to another licensed wholesale | 46919 |
| dealer if the tax commissioner has authorized the sale of the | 46920 |
| cigarettes between those wholesale dealers and the wholesale | 46921 |
| dealer that sells the cigarettes received them directly from a | 46922 |
| licensed manufacturer or licensed importer. | 46923 |
| The tax commissioner shall adopt rules governing sales of | 46924 |
| cigarettes between licensed wholesale dealers, including rules | 46925 |
| establishing criteria for authorizing such sales. | 46926 |
| No manufacturer or importer shall sell cigarettes to any | 46927 |
| person in this state other than to a licensed wholesale dealer or | 46928 |
| licensed importer. No importer shall purchase cigarettes from any | 46929 |
| person other than a licensed manufacturer or licensed importer. | 46930 |
| A retail dealer may purchase other tobacco products only from | 46931 |
| a licensed distributor. A licensed distributor may sell tobacco | 46932 |
| products only to a retail dealer, except a licensed distributor | 46933 |
| may sell tobacco products to another licensed distributor if the | 46934 |
| tax commissioner has authorized the sale of the tobacco products | 46935 |
| between those distributors and the distributor that sells the | 46936 |
| tobacco products received them directly from a manufacturer or | 46937 |
| importer of tobacco products. | 46938 |
| The tax commissioner may adopt rules governing sales of | 46939 |
| tobacco products between licensed distributors, including rules | 46940 |
| establishing criteria for authorizing such sales. | 46941 |
| The identities of | 46942 |
| manufacturers and importers, licensed cigarette wholesalers, | 46943 |
| licensed distributors of other tobacco products, and registered | 46944 |
| manufacturers, importers, and brokers of other tobacco products | 46945 |
| are subject to public disclosure. The tax commissioner shall | 46946 |
| maintain an alphabetical list of all such | 46947 |
| manufacturers, importers, wholesalers, distributors, and brokers, | 46948 |
| shall post the list on a web site accessible to the public through | 46949 |
| the internet, and shall periodically update the web site posting. | 46950 |
| As used in this section, "licensed" means the manufacturer, | 46951 |
| importer, wholesale dealer, | 46952 |
| current and valid license issued under section 5743.15 or 5743.61 | 46953 |
| of the Revised Code, and "registered" means registered with the | 46954 |
| tax commissioner under section 5743.66 of the Revised Code. | 46955 |
| Sec. 5743.331. Notwithstanding any other section in this | 46956 |
| chapter to the contrary, a person may use, store, or consume | 46957 |
| cigarettes with a wholesale value of not more than three hundred | 46958 |
| dollars in any month and not for resale in any qualifying border | 46959 |
| county without incurring liability for any tax levied under this | 46960 |
| chapter, and is not required to file any return that otherwise | 46961 |
| would be required under this chapter. | 46962 |
| As used in this section, "qualifying border county" is any | 46963 |
| county that shares a border with a state in which the total rate | 46964 |
| of excise tax on the sale or use of cigarettes exceeds the rate | 46965 |
| imposed by sections 5743.02 and 5743.32 of the Revised Code by at | 46966 |
| least forty-five mills per cigarette. | 46967 |
| Sec. 5745.02. (A) The annual report filed under section | 46968 |
| 5745.03 of the Revised Code determines a taxpayer's Ohio net | 46969 |
| income and the portion of Ohio net income to be apportioned to a | 46970 |
| municipal corporation. | 46971 |
| (B) A taxpayer's Ohio net income is determined by multiplying | 46972 |
| the taxpayer's adjusted federal taxable income by the sum of the | 46973 |
| property factor multiplied by one-third, the payroll factor | 46974 |
| multiplied by one-third, and the sales factor multiplied by | 46975 |
| one-third. If the denominator of one of the factors is zero, the | 46976 |
| remaining two factors each shall be multiplied by one-half instead | 46977 |
| of one-third; if the denominator of two of the factors is zero, | 46978 |
| the remaining factor shall be multiplied by one. The property, | 46979 |
| payroll, and sales factors shall be determined in the manner | 46980 |
| prescribed by divisions (B)(1), (2), and (3) of this section. | 46981 |
| (1) The property factor is a fraction, the numerator of which | 46982 |
| is the average value of the taxpayer's real and tangible personal | 46983 |
| property owned or rented, and used in business in this state | 46984 |
| during the taxable year, and the denominator of which is the | 46985 |
| average value of all the taxpayer's real and tangible personal | 46986 |
| property owned or rented, and used in business everywhere during | 46987 |
| such year. Property owned by the taxpayer is valued at its | 46988 |
| original cost. Property rented by the taxpayer is valued at eight | 46989 |
| times the net annual rental rate. "Net annual rental rate" means | 46990 |
| the annual rental rate paid by the taxpayer less any annual rental | 46991 |
| rate received by the taxpayer from subrentals. The average value | 46992 |
| of property shall be determined by averaging the values at the | 46993 |
| beginning and the end of the taxable year, but the tax | 46994 |
| commissioner may require the averaging of monthly values during | 46995 |
| the taxable year, if reasonably required to reflect properly the | 46996 |
| average value of the taxpayer's property. | 46997 |
| (2) The payroll factor is a fraction, the numerator of which | 46998 |
| is the total amount paid in this state during the taxable year by | 46999 |
| the taxpayer for compensation, and the denominator of which is the | 47000 |
| total compensation paid everywhere by the taxpayer during such | 47001 |
| year. Compensation means any form of remuneration paid to an | 47002 |
| employee for personal services. Compensation is paid in this state | 47003 |
| if: (a) the recipient's service is performed entirely within this | 47004 |
| state, (b) the recipient's service is performed both within and | 47005 |
| without this state, but the service performed without this state | 47006 |
| is incidental to the recipient's service within this state, or (c) | 47007 |
| some of the service is performed within this state and either the | 47008 |
| base of operations, or if there is no base of operations, the | 47009 |
| place from which the service is directed or controlled is within | 47010 |
| this state, or the base of operations or the place from which the | 47011 |
| service is directed or controlled is not in any state in which | 47012 |
| some part of the service is performed, but the recipient's | 47013 |
| residence is in this state. | 47014 |
| (3) The sales factor is a fraction, the numerator of which is | 47015 |
| the total sales in this state by the taxpayer during the taxable | 47016 |
| year, and the denominator of which is the total sales by the | 47017 |
| taxpayer everywhere during such year. Sales of electricity shall | 47018 |
| be sitused to this state in the manner provided under section | 47019 |
| 5733.059 of the Revised Code. In determining the numerator and | 47020 |
| denominator of the sales factor, receipts from the sale or other | 47021 |
| disposal of a capital asset or an asset described in section 1231 | 47022 |
| of the Internal Revenue Code shall be eliminated. Also, in | 47023 |
| determining the numerator and denominator of the sales factor, in | 47024 |
| the case of a reporting taxpayer owning at least eighty per cent | 47025 |
| of the issued and outstanding common stock of one or more | 47026 |
| insurance companies or public utilities, except an electric | 47027 |
| company, a combined company, or a telephone company, or owning at | 47028 |
| least twenty-five per cent of the issued and outstanding common | 47029 |
| stock of one or more financial institutions, receipts received by | 47030 |
| the reporting taxpayer from such utilities, insurance companies, | 47031 |
| and financial institutions shall be eliminated. | 47032 |
| For the purpose of division (B)(3) of this section, sales of | 47033 |
| tangible personal property are in this state where such property | 47034 |
| is received in this state by the purchaser. In the case of | 47035 |
| delivery of tangible personal property by common carrier or by | 47036 |
| other means of transportation, the place at which such property is | 47037 |
| ultimately received after all transportation has been completed | 47038 |
| shall be considered as the place at which such property is | 47039 |
| received by the purchaser. Direct delivery in this state, other | 47040 |
| than for purposes of transportation, to a person or firm | 47041 |
| designated by a purchaser constitutes delivery to the purchaser in | 47042 |
| this state, and direct delivery outside this state to a person or | 47043 |
| firm designated by a purchaser does not constitute delivery to the | 47044 |
| purchaser in this state, regardless of where title passes or other | 47045 |
| conditions of sale. | 47046 |
| Sales, other than sales of electricity or tangible personal | 47047 |
| property, are in this state if either the income-producing | 47048 |
| activity is performed solely in this state, or the | 47049 |
| income-producing activity is performed both within and without | 47050 |
| this state and a greater proportion of the income-producing | 47051 |
| activity is performed within this state than in any other state, | 47052 |
| based on costs of performance. | 47053 |
| For the purposes of division (B)(3) of this section, the tax | 47054 |
| commissioner may adopt rules to apportion sales within this state. | 47055 |
| (C) The portion of a taxpayer's Ohio net income taxable by | 47056 |
| each municipal corporation imposing an income tax shall be | 47057 |
| determined by multiplying the taxpayer's Ohio net income by the | 47058 |
| sum of the municipal property factor multiplied by one-third, the | 47059 |
| municipal payroll factor multiplied by one-third, and the | 47060 |
| municipal sales factor multiplied by one-third, and subtracting | 47061 |
| from the product so obtained any "municipal net operating loss | 47062 |
| carryforward from prior taxable years." If the denominator of one | 47063 |
| of the factors is zero, the remaining two factors each shall be | 47064 |
| multiplied by one-half instead of one-third; if the denominator of | 47065 |
| two of the factors is zero, the remaining factor shall be | 47066 |
| multiplied by one. In calculating the "municipal net operating | 47067 |
| loss carryforward from prior taxable years" for each municipal | 47068 |
| corporation, net operating losses are apportioned in and out of a | 47069 |
| municipal corporation for the taxable year in which the net | 47070 |
| operating loss occurs in the same manner that positive net income | 47071 |
| would have been so apportioned. Any net operating loss for a | 47072 |
| municipal corporation may be applied to subsequent net income in | 47073 |
| that municipal corporation to reduce that income to zero or until | 47074 |
| the net operating loss has been fully used as a deduction. The | 47075 |
| unused portion of net operating losses for each taxable year | 47076 |
| apportioned to a municipal corporation may only be applied against | 47077 |
| the income apportioned to that municipal corporation for five | 47078 |
| subsequent taxable years. Net operating losses occurring in | 47079 |
| taxable years ending before 2002 may not be subtracted under this | 47080 |
| section. | 47081 |
| A taxpayer's municipal property, municipal payroll, and | 47082 |
| municipal sales factors for a municipal corporation shall be | 47083 |
| determined as provided in divisions (C)(1), (2), and (3) of this | 47084 |
| section. | 47085 |
| (1) The municipal property factor is the quotient obtained by | 47086 |
| dividing (a) the average value of real and tangible personal | 47087 |
| property owned or rented by the taxpayer and used in business in | 47088 |
| the municipal corporation during the taxable year by (b) the | 47089 |
| average value of all of the taxpayer's real and tangible personal | 47090 |
| property owned or rented and used in business during that taxable | 47091 |
| year in this state. The value and average value of such property | 47092 |
| shall be determined in the same manner provided in division (B)(1) | 47093 |
| of this section. | 47094 |
| (2) The municipal payroll factor is the quotient obtained by | 47095 |
| dividing (a) the total amount of compensation earned in the | 47096 |
| municipal corporation by the taxpayer's employees during the | 47097 |
| taxable year for services performed for the taxpayer and that is | 47098 |
| subject to income tax withholding by the municipal corporation by | 47099 |
| (b) the total amount of compensation paid by the taxpayer to its | 47100 |
| employees in this state during the taxable year. Compensation has | 47101 |
| the same meaning as in division (B)(2) of this section. | 47102 |
| (3) The municipal sales factor is a fraction, the numerator | 47103 |
| of which is the taxpayer's total sales in a municipal corporation | 47104 |
| during the taxable year, and the denominator of which is the | 47105 |
| taxpayer's total sales in this state during such year. | 47106 |
| For the purpose of division (C)(3) of this section, sales of | 47107 |
| tangible personal property are in the municipal corporation where | 47108 |
| such property is received in the municipal corporation by the | 47109 |
|
purchaser. Sales of electricity directly to the | 47110 |
| as defined in section 5733.059 of the Revised Code, shall be | 47111 |
| considered sales of tangible personal property. In the case of the | 47112 |
| delivery of tangible personal property by common carrier or by | 47113 |
| other means of transportation, the place at which such property | 47114 |
| ultimately is received after all transportation has been completed | 47115 |
| shall be considered as the place at which the property is received | 47116 |
| by the purchaser. Direct delivery in the municipal corporation, | 47117 |
| other than for purposes of transportation, to a person or firm | 47118 |
| designated by a purchaser constitutes delivery to the purchaser in | 47119 |
| that municipal corporation, and direct delivery outside the | 47120 |
| municipal corporation to a person or firm designated by a | 47121 |
| purchaser does not constitute delivery to the purchaser in that | 47122 |
| municipal corporation, regardless of where title passes or other | 47123 |
| conditions of sale. Sales, other than sales of tangible personal | 47124 |
| property, are in the municipal corporation if either: | 47125 |
| (a) The income-producing activity is performed solely in the | 47126 |
| municipal corporation; | 47127 |
| (b) The income-producing activity is performed both within | 47128 |
| and without the municipal corporation and a greater proportion of | 47129 |
| the income-producing activity is performed within that municipal | 47130 |
| corporation than any other location in this state, based on costs | 47131 |
| of performance. | 47132 |
| For the purposes of division (C)(3) of this section, the tax | 47133 |
| commissioner may adopt rules to apportion sales within each | 47134 |
| municipal corporation. | 47135 |
| (D) If a taxpayer is a combined company as defined in section | 47136 |
| 5727.01 of the Revised Code, the municipal property, payroll, and | 47137 |
| sales factors under division (C) of this section shall be adjusted | 47138 |
| as follows: | 47139 |
| (1) The numerator of the municipal property factor shall | 47140 |
| include only the value, as determined under division (C)(1) of | 47141 |
| this section, of the company's real and tangible property in the | 47142 |
| municipal corporation attributed to the company's activity as an | 47143 |
| electric company using the same methodology prescribed under | 47144 |
| section 5727.03 of the Revised Code for taxable tangible personal | 47145 |
| property. | 47146 |
| (2) The numerator of the municipal payroll factor shall | 47147 |
| include only compensation paid in the municipal corporation by the | 47148 |
| company to its employees for personal services rendered in the | 47149 |
| company's activity as an electric company. | 47150 |
| (3) The numerator of the municipal sales factor shall include | 47151 |
| only the sales of tangible personal property and services, as | 47152 |
| determined under division (C)(3) of this section, made in the | 47153 |
| municipal corporation in the course of the company's activity as | 47154 |
| an electric company. | 47155 |
| (E)(1) If the provisions for apportioning adjusted federal | 47156 |
| taxable income or Ohio net income under divisions (B), (C), and | 47157 |
| (D) of this section do not fairly represent business activity in | 47158 |
| this state or among municipal corporations, the tax commissioner | 47159 |
| may adopt rules for apportioning such income by an alternative | 47160 |
| method that fairly represents business activity in this state or | 47161 |
| among municipal corporations. | 47162 |
| (2) If any of the factors determined under division (B), (C), | 47163 |
| or (D) of this section does not fairly represent the extent of a | 47164 |
| taxpayer's business activity in this state or among municipal | 47165 |
| corporations, the taxpayer may request, or the tax commissioner | 47166 |
| may require, that the taxpayer's adjusted federal taxable income | 47167 |
| or Ohio net income be determined by an alternative method, | 47168 |
| including any of the alternative methods enumerated in division | 47169 |
| (B)(2)(d) of section 5733.05 of the Revised Code. A taxpayer | 47170 |
| requesting an alternative method shall make the request in writing | 47171 |
| to the tax commissioner either with the annual report, a timely | 47172 |
| filed amended report, or a timely filed petition for reassessment. | 47173 |
| When the tax commissioner requires or permits an alternative | 47174 |
| method under division (E)(2) of this section, the tax commissioner | 47175 |
| shall cause a written notice to that effect to be delivered to any | 47176 |
| municipal corporation that would be affected by application of the | 47177 |
| alternative method. Nothing in this division shall be construed | 47178 |
| to extend any statute of limitations under this chapter. | 47179 |
| (F)(1) The tax commissioner may adopt rules providing for the | 47180 |
| combination of adjusted federal taxable incomes of taxpayers | 47181 |
| satisfying the ownership or control requirements of section | 47182 |
| 5733.052 of the Revised Code if the tax commissioner finds that | 47183 |
| such combinations are necessary to properly reflect adjusted | 47184 |
| federal taxable income, Ohio net income, or the portion of Ohio | 47185 |
| net income to be taxable by municipal corporations. | 47186 |
| (2) A taxpayer satisfying the ownership or control | 47187 |
| requirements of section 5733.052 of the Revised Code with respect | 47188 |
| to one or more other taxpayers may not combine their adjusted | 47189 |
| federal taxable incomes for the purposes of this section unless | 47190 |
| rules are adopted under division (F)(1) of this section allowing | 47191 |
| such a combination or the tax commissioner finds that such a | 47192 |
| combination is necessary to properly reflect the taxpayers' | 47193 |
| adjusted federal taxable incomes, Ohio net incomes, or the portion | 47194 |
| of Ohio net incomes to be subject to taxation within a municipal | 47195 |
| corporation. | 47196 |
| (G) The tax commissioner may adopt rules providing for | 47197 |
| alternative apportionment methods for a telephone company. | 47198 |
| Sec. 5745.05. (A) Prior to the first day of March, June, | 47199 |
| September, and December, the tax commissioner shall certify to the | 47200 |
| director of budget and management the amount to be paid to each | 47201 |
| municipal corporation, as indicated on the declaration of | 47202 |
| estimated tax reports and annual reports received under sections | 47203 |
| 5745.03 and 5745.04 of the Revised Code, less any amounts | 47204 |
| previously distributed and net of any audit adjustments made by | 47205 |
| the tax commissioner. Not later than the first day of March, June, | 47206 |
| September, and December, the director of budget and management | 47207 |
| shall provide for payment of the amount certified to each | 47208 |
| municipal corporation from the municipal income tax fund, plus a | 47209 |
| pro rata share of any investment earnings accruing to the fund | 47210 |
| since the previous payment under this section apportioned among | 47211 |
| municipal corporations entitled to such payments in proportion to | 47212 |
| the amount certified by the tax commissioner. | 47213 |
| (B) If the tax commissioner determines that the amount of tax | 47214 |
| paid by a taxpayer and distributed to a municipal corporation | 47215 |
| under this section for a taxable year exceeds the amount payable | 47216 |
| to that municipal corporation under this chapter after accounting | 47217 |
| for amounts remitted with the annual report and as estimated | 47218 |
| taxes, the tax commissioner shall permit the taxpayer to credit | 47219 |
| the excess against the taxpayer's payments to the municipal | 47220 |
| corporation of estimated taxes remitted for an ensuing taxable | 47221 |
| year under section 5745.04 of the Revised Code. If, upon the | 47222 |
| written request of the taxpayer, the tax commissioner determines | 47223 |
| that the excess to be so credited is likely to exceed the amount | 47224 |
| of estimated taxes payable by the taxpayer to the municipal | 47225 |
| corporation during the ensuing twelve months, the tax commissioner | 47226 |
| shall so notify the municipal corporation and the municipal | 47227 |
| corporation shall issue a refund of the excess to the taxpayer | 47228 |
| within ninety days after receiving such a notice. Interest shall | 47229 |
| accrue on the amount to be refunded and is payable to the taxpayer | 47230 |
| at the rate per annum prescribed by section 5703.47 of the Revised | 47231 |
| Code from the ninety-first day after the notice is received by the | 47232 |
| municipal corporation until the day the refund is paid. | 47233 |
| Immediately after notifying a municipal corporation under this | 47234 |
| division of an excess to be refunded, the commissioner also shall | 47235 |
| notify the director of budget and management of the amount of the | 47236 |
| excess, and the director shall transfer from the municipal income | 47237 |
| tax administrative fund to the municipal income tax fund one and | 47238 |
| one-half per cent of the amount of the excess. The commissioner | 47239 |
| shall include the transferred amount in the computation of the | 47240 |
| amount due the municipal corporation in the next certification to | 47241 |
| the director under division (A) of this section. | 47242 |
| Sec. 5745.13. If, upon examination of any books, records, | 47243 |
| reports, or other documents of a taxpayer, the tax commissioner | 47244 |
| determines that an adjustment shall be made in the portion of the | 47245 |
| taxpayer's income that is to be apportioned to a municipal | 47246 |
| corporation, the tax commissioner shall notify the taxpayer and, | 47247 |
| if the adjustment causes an adjustment in the taxpayer's tax owed | 47248 |
| to a municipal corporation for the taxpayer's taxable year of more | 47249 |
| than five hundred dollars, shall notify | 47250 |
| municipal corporation that the taxpayer's tax has been adjusted. | 47251 |
| Any municipal corporation to which such a notice is issued | 47252 |
| may request a review and redetermination of the taxpayer's federal | 47253 |
| taxable income, Ohio net income, or the portion of Ohio net income | 47254 |
| apportioned to the municipal corporation by filing a petition with | 47255 |
| the tax commissioner not later than sixty days after the tax | 47256 |
| commissioner issues the notice. The petition shall be filed either | 47257 |
| personally or by certified mail, and shall indicate the objections | 47258 |
| of the municipal corporation. | 47259 |
| Upon receiving such a petition, if a hearing is requested the | 47260 |
| tax commissioner shall assign a time and place for a hearing on | 47261 |
| the petition and shall notify the petitioner of the time and place | 47262 |
| of the hearing by ordinary mail. The tax commissioner may continue | 47263 |
| the hearing from time to time as necessary. The tax commissioner | 47264 |
| shall make any correction to the taxpayer's federal taxable | 47265 |
| income, Ohio net income, or apportionment of Ohio net income that | 47266 |
| the commissioner finds proper, and issue notice of any correction | 47267 |
| by ordinary mail to the petitioner, to each other municipal | 47268 |
| corporation affected by the correction of the apportionment, and | 47269 |
| to the taxpayer. The tax commissioner's decision on the matter is | 47270 |
| final, and is not subject to further appeal. | 47271 |
| Sec. 5747.03. (A) All money collected under this chapter | 47272 |
| arising from the taxes imposed by section 5747.02 or 5747.41 of | 47273 |
| the Revised Code shall be credited to the general revenue fund, | 47274 |
| except
that
the treasurer of state shall | 47275 |
| | 47276 |
| 47277 | |
| 47278 | |
| 47279 | |
| 47280 |
| | 47281 |
| 47282 | |
| 47283 | |
| 47284 | |
| 47285 |
| | 47286 |
| the Ohio political party fund, pursuant to section 3517.16 of the | 47287 |
| Revised Code, an amount equal to the total dollar value realized | 47288 |
| from the taxpayer exercise of the income tax checkoff option on | 47289 |
|
tax forms processed during the preceding calendar quarter | 47290 |
| | 47291 |
| 47292 | |
| 47293 | |
| 47294 |
| (B)(1) Following the crediting of moneys pursuant to division | 47295 |
| (A) of this section, the remainder deposited in the general | 47296 |
| revenue fund shall be distributed pursuant to division (F) of | 47297 |
| section 321.24 and section 323.156 of the Revised Code; to make | 47298 |
| subsidy payments to institutions of higher education from | 47299 |
| appropriations to the Ohio board of regents; to support | 47300 |
| expenditures for programs and services for the mentally ill, | 47301 |
| mentally retarded, developmentally disabled, and elderly; for | 47302 |
| primary and secondary education; for medical assistance; and for | 47303 |
| any other purposes authorized by law, subject to the limitation | 47304 |
| that at least fifty per cent of the income tax collected by the | 47305 |
| state from the tax imposed by section 5747.02 of the Revised Code | 47306 |
| shall be returned pursuant to Section 9 of Article XII, Ohio | 47307 |
| Constitution. | 47308 |
| (2) To ensure that such constitutional requirement is | 47309 |
| satisfied the tax commissioner shall, on or before the thirtieth | 47310 |
| day of June of each year, from the best information available to | 47311 |
| the tax commissioner, determine and certify for each county to the | 47312 |
| director of budget and management the amount of taxes collected | 47313 |
| under this chapter from the tax imposed under section 5747.02 of | 47314 |
| the Revised Code during the preceding calendar year that are | 47315 |
| required to be returned to the county by Section 9 of Article XII, | 47316 |
| Ohio Constitution. The director shall provide for payment from the | 47317 |
| general revenue fund to the county in the amount, if any, that the | 47318 |
| sum of the amount so certified for that county exceeds the sum of | 47319 |
| the following: | 47320 |
| (a) The sum of the payments from the general revenue fund for | 47321 |
| the preceding calendar year credited to the | 47322 |
| undivided income tax fund pursuant to division (F) of section | 47323 |
| 321.24 and section 323.156 of the Revised Code or made directly | 47324 |
| from the general revenue fund to political subdivisions located in | 47325 |
| the county; | 47326 |
| (b) The sum of the amounts from the general revenue fund | 47327 |
| distributed in the county during the preceding calendar year for | 47328 |
| subsidy payments to institutions of higher education from | 47329 |
| appropriations to the Ohio board of regents; for programs and | 47330 |
| services for mentally ill, mentally retarded, developmentally | 47331 |
| disabled, and elderly persons; for primary and secondary | 47332 |
| education; and for medical assistance. | 47333 |
| (c) | 47334 |
| this division in 2007, the total amount distributed to the county | 47335 |
| during the preceding calendar year from the local government fund | 47336 |
| and the local government revenue assistance fund, and, in the case | 47337 |
| of payments made by the director under this division in subsequent | 47338 |
| calendar years, the amount distributed to the county from the | 47339 |
| local communities fund; | 47340 |
| (d) | 47341 |
| this division in 2007, the total amount distributed to the county | 47342 |
| during the preceding calendar year from the library and local | 47343 |
| government
support fund | 47344 |
| | 47345 |
| 47346 | |
| and, in the case of payments made by the director under this | 47347 |
| division in subsequent calendar years, the amount distributed to | 47348 |
| the county from the local libraries fund. | 47349 |
| Payments under this division shall be credited to the | 47350 |
| county's undivided income tax fund, except that, notwithstanding | 47351 |
| section 5705.14 of the Revised Code, such payments may be | 47352 |
| transferred by the board of county commissioners to the county | 47353 |
| general fund by resolution adopted with the affirmative vote of | 47354 |
| two-thirds of the members thereof. | 47355 |
| (C) All payments received in each month from taxes imposed | 47356 |
| under Chapter 5748. of the Revised Code and any penalties or | 47357 |
| interest thereon shall be paid into the school district income tax | 47358 |
| fund, which is hereby created in the state treasury, except that | 47359 |
| an amount equal to the following portion of such payments shall be | 47360 |
| paid into the general school district income tax administrative | 47361 |
| fund, which is hereby created in the state treasury: | 47362 |
| (1) One and three-quarters of one per cent of those received | 47363 |
| in fiscal year 1996; | 47364 |
| (2) One and one-half per cent of those received in fiscal | 47365 |
| year 1997 and thereafter. | 47366 |
| Money in the school district income tax administrative fund | 47367 |
| shall be used by the tax commissioner to defray costs incurred in | 47368 |
| administering the school district's income tax, including the cost | 47369 |
| of providing employers with information regarding the rate of tax | 47370 |
| imposed by any school district. Any moneys remaining in the fund | 47371 |
| after such use shall be deposited in the school district income | 47372 |
| tax fund. | 47373 |
| All interest earned on moneys in the school district income | 47374 |
| tax fund shall be credited to the fund. | 47375 |
| (D)(1)(a) Within thirty days of the end of each calendar | 47376 |
| quarter ending on the last day of March, June, September, and | 47377 |
| December, the director of budget and management shall make a | 47378 |
| payment from the school district income tax fund to each school | 47379 |
| district for which school district income tax revenue was received | 47380 |
| during that quarter. The amount of the payment shall equal the | 47381 |
| balance in the school district's account at the end of that | 47382 |
| quarter. | 47383 |
| (b) After a school district ceases to levy an income tax, the | 47384 |
| director of budget and management shall adjust the payments under | 47385 |
| division (D)(1)(a) of this section to retain sufficient money in | 47386 |
| the school district's account to pay refunds. For the calendar | 47387 |
| quarters ending on the last day of March and December of the | 47388 |
| calendar year following the last calendar year the tax is levied, | 47389 |
| the director shall make the payments in the amount required under | 47390 |
| division (D)(1)(a) of this section. For the calendar quarter | 47391 |
| ending on the last day of June of the calendar year following the | 47392 |
| last calendar year the tax is levied, the director shall make a | 47393 |
| payment equal to nine-tenths of the balance in the account at the | 47394 |
| end of that quarter. For the calendar quarter ending on the last | 47395 |
| day of September of the calendar year following the last calendar | 47396 |
| year the tax is levied, the director shall make no payment. For | 47397 |
| the second and succeeding calendar years following the last | 47398 |
| calendar year the tax is levied, the director shall make one | 47399 |
| payment each year, within thirty days of the last day of June, in | 47400 |
| an amount equal to the balance in the district's account on the | 47401 |
| last day of June. | 47402 |
| (2) Moneys paid to a school district under this division | 47403 |
| shall be deposited in its school district income tax fund. All | 47404 |
| interest earned on moneys in the school district income tax fund | 47405 |
| shall be apportioned by the tax commissioner pro rata among the | 47406 |
| school districts in the proportions and at the times the districts | 47407 |
| are entitled to receive payments under this division. | 47408 |
| Sec. 5747.46. As used in sections 5747.46 and 5747.47 of the | 47409 |
| Revised Code: | 47410 |
| (A) "Year's fund balance" means the amount credited to the | 47411 |
| 47412 | |
| calendar year. | 47413 |
| (B) "Distribution year" means the calendar year during which | 47414 |
| a year's fund balance is distributed under section 5747.47 of the | 47415 |
| Revised Code. | 47416 |
| (C) "CPI" means the consumer price index for all urban | 47417 |
| consumers (United States city average, all items), prepared by the | 47418 |
| United States department of labor, bureau of labor statistics. | 47419 |
| (D) "Inflation factor" means the quotient obtained by | 47420 |
| dividing the CPI for May of the year preceding the distribution | 47421 |
|
year by the CPI for May of the second preceding year. If the | 47422 |
| quotient so obtained is less than one, the inflation factor shall | 47423 |
| equal one. | 47424 |
| (E) "Population" means whichever of the following has most | 47425 |
| recently been issued, as of the first day of June preceding the | 47426 |
| distribution year: | 47427 |
| (1) The most recent decennial census figures that include | 47428 |
| population figures for each county in the state; | 47429 |
| (2) The most current issue of "Current Population Reports: | 47430 |
| Local Population Estimates" issued by the United States bureau of | 47431 |
| the census that contains population estimates for each county in | 47432 |
| the state and the state. | 47433 |
| (F) "County's equalization ratio for a distribution year" | 47434 |
| means a percentage computed for that county as follows: | 47435 |
| (1) Square the per cent that the county's population is of | 47436 |
| the state's population; | 47437 |
| (2) Divide the product so obtained by the per cent that the | 47438 |
| county's total entitlement for the preceding year is of all | 47439 |
| counties' total entitlements for the preceding year; | 47440 |
| (3) Divide the quotient so obtained by the sum of the | 47441 |
| quotients so obtained for all counties. | 47442 |
| (G) "Total entitlement" means, with respect to a distribution | 47443 |
| year, the sum of a county's guaranteed share plus its share of the | 47444 |
| excess. | 47445 |
| (1) "Guaranteed share" means, for a distribution year, the | 47446 |
| product obtained by multiplying a county's total entitlement for | 47447 |
| the preceding distribution year by the inflaction factor. If the | 47448 |
| sum of the guaranteed shares for all counties exceeds the year's | 47449 |
| fund balance, the guaranteed shares of all counties shall be | 47450 |
| reduced by a percentage that will result in the sum of such | 47451 |
| guaranteed shares being equal to the year's fund balance. | 47452 |
| (2) "Share of excess" means, for a distribution year, the | 47453 |
| product obtained by multiplying a county's equalization ratio by | 47454 |
| the difference between the year's fund balance and the sum of the | 47455 |
| guaranteed shares for all counties. If the sum of the guaranteed | 47456 |
| shares for all counties exceeds the year's fund balance the share | 47457 |
| of the excess for all counties is zero. | 47458 |
| (H) "Net distribution" means the sum of the payments made to | 47459 |
| a county's | 47460 |
| during a distribution year, adjusted as follows: | 47461 |
| (1) If the county received an overpayment during the | 47462 |
| preceding distribution year, add the amount of the overpayment; | 47463 |
| (2) If the county received an underpayment during the | 47464 |
| preceding distribution year, deduct the amount of the | 47465 |
| underpayment. | 47466 |
| (I) "Overpayment" or "underpayment" for a distribution year | 47467 |
| means the amount by which the net distribution to a county's | 47468 |
| 47469 | |
| distribution year exceeded or was less than the county's total | 47470 |
| entitlement for that year. | 47471 |
| All computations made under this section shall be rounded to | 47472 |
| the nearest one-hundredth of one per cent. | 47473 |
| Sec. 5747.47. (A)(1) By the twentieth day of July of each | 47474 |
| year, the tax commissioner shall estimate and certify the | 47475 |
| following for each county to its county auditor: | 47476 |
| (a) Its guaranteed share of the ensuing year's fund balance; | 47477 |
| (b) Its share of the excess of the ensuing year's fund | 47478 |
| balance; | 47479 |
| (c) Its total entitlement. | 47480 |
| (2) In December and in June following such estimations and | 47481 |
| certifications, the commissioner shall revise such estimates and | 47482 |
| certify such revised estimates to the respective county auditors. | 47483 |
| (B) By the tenth day of each month the commissioner shall | 47484 |
| distribute the amount credited to the | 47485 |
| 47486 | |
| 47487 | |
| 131.51 of the Revised Code. The distributions shall be made as | 47488 |
| follows: | 47489 |
| (1) During the first six months of each year, each county | 47490 |
| shall be paid a percentage of the balance that is the same per | 47491 |
| cent that the revised estimate of the county's total entitlement | 47492 |
| certified in December under division (A)(2) of this section is of | 47493 |
| the sum of such revised estimates of the total entitlements for | 47494 |
| all counties. | 47495 |
| (2) During the last six months, each county shall be paid a | 47496 |
| percentage of the balance that is the same per cent that the | 47497 |
| revised estimate of the county's total entitlement certified in | 47498 |
| June under division (A)(2) of this section is of the sum of such | 47499 |
| revised estimates of the total entitlements for all counties. | 47500 |
| (3) During each of the first six months of each year, the | 47501 |
| payments made to each county shall be adjusted as follows: | 47502 |
| (a) If the county received an overpayment during the | 47503 |
| preceding distribution year, reduce the sum of the payments by the | 47504 |
| amount of such overpayment. The reduction shall be apportioned | 47505 |
| over the six months. | 47506 |
| (b) If the county received an underpayment during the | 47507 |
| preceding distribution year, increase the sum of the payments by | 47508 |
| the amount of such underpayment. The increase shall be apportioned | 47509 |
| over the six months. | 47510 |
| (C) By the twentieth day of December of each year, the tax | 47511 |
| commissioner shall determine and certify to the auditor of each | 47512 |
| county each of the following with respect to the current | 47513 |
| distribution year: | 47514 |
| (1) The year's fund balance; | 47515 |
| (2) Each county's guaranteed share; | 47516 |
| (3) Each county's share of the excess; | 47517 |
| (4) Each county's total entitlement; | 47518 |
| (5) Each county's net distribution; | 47519 |
| (6) The amount by which each county's net distribution | 47520 |
| exceeded or was less than its total entitlement, which amount | 47521 |
| shall constitute the county's overpayment or underpayment for | 47522 |
| purposes of division (B)(3) of this section in the ensuing | 47523 |
| distribution year. | 47524 |
| Sec. 5747.48. On the fifteenth day of each month, the county | 47525 |
| treasurer shall distribute the balance in the county
| 47526 |
| local | 47527 |
| of public library trustees, municipal corporations, and boards of | 47528 |
| township park commissioners for which the county budget commission | 47529 |
| has fixed an allocation from the fund in that year in accordance | 47530 |
| with section 5705.32 of the Revised Code in the same proportions | 47531 |
| that each such entity's allocation as fixed by the commission is | 47532 |
| of the total of all such allocations in that year. | 47533 |
| All money received into the treasury of a municipal | 47534 |
| corporation or county shall be credited to the general fund | 47535 |
| therein, provided that in a municipal corporation there shall be | 47536 |
| credited to the funds established under division (D) of section | 47537 |
| 5705.09 of the Revised Code a portion of the total amount to be | 47538 |
| credited to funds of the municipal corporation, which portion | 47539 |
| shall be determined by multiplying the total amount to be credited | 47540 |
| by the percentage that the funds credited under division (D) of | 47541 |
| said section in 1938 bore to all the funds credited under said | 47542 |
| section in 1938. If a municipal corporation is in default with | 47543 |
| respect to the principal or interest of any outstanding notes or | 47544 |
| bonds, the moneys distributed under this section shall be credited | 47545 |
| to the funds established under divisions (A), (B), (C), and (D) of | 47546 |
| section 5705.09 of the Revised Code, in the same proportion in | 47547 |
| which the funds derived from the levy for the previous year on the | 47548 |
| general tax list and duplicate are divided. | 47549 |
| Sec. 5747.50. (A) As used in this section: | 47550 |
| (1) "County's proportionate share of the calendar year 2007 | 47551 |
| LGF and LGRAF distributions" means the percentage computed for the | 47552 |
| county under division (B)(1)(a) of section 5747.501 of the Revised | 47553 |
| Code | 47554 |
| (2) | 47555 |
| 47556 | |
| 47557 | |
| 47558 | |
| 47559 | |
| 47560 |
| | 47561 |
| 47562 |
| | 47563 |
| 47564 | |
| 47565 |
| | 47566 |
| 47567 |
| | 47568 |
| 47569 | |
| 47570 | |
| 47571 | |
| 47572 | |
| 47573 | |
| 47574 | |
| 47575 | |
| 47576 | |
| 47577 | |
| 47578 | |
| amount of the local communities fund additional revenue formula" | 47579 |
| means each county's proportionate share of the state's population | 47580 |
| as determined for and certified to the county for distributions to | 47581 |
| be made during the current calendar year under division (B)(2)(a) | 47582 |
| of section 5747.501 of the Revised Code. If prior to the first day | 47583 |
| of January of the current calendar year the federal government has | 47584 |
| issued a revision to the population figures reflected in the | 47585 |
| estimate produced pursuant to division (B)(2)(a) of section | 47586 |
| 5747.501 of the Revised Code, such revised population figures | 47587 |
| shall be used for making the distributions during the current | 47588 |
| calendar year. | 47589 |
| (3) "2007 LGF and LGRAF county distribution base available in | 47590 |
| that month" means the lesser of the amounts described in division | 47591 |
| (A)(3)(a) and (b) of this section, provided that the amount shall | 47592 |
| not be less than zero: | 47593 |
| (a) The total amount available for distribution to counties | 47594 |
| from the local communities fund during the current month. | 47595 |
| (b) The total amount distributed to counties from the local | 47596 |
| government fund and the local government revenue assistance fund | 47597 |
| to counties in calendar year 2007 less the total amount | 47598 |
| distributed to counties under division (B)(1) of this section | 47599 |
| during previous months of the current calendar year. | 47600 |
| (4) "Local communities fund additional revenue distribution | 47601 |
| base available during that month" means the total amount available | 47602 |
| for distribution to counties during the month from the local | 47603 |
| communities fund, less any amounts to be distributed in that month | 47604 |
| from the local communities fund under division (B)(1) of this | 47605 |
| section, provided that the local communities fund additional | 47606 |
| revenue distribution base available during that month shall not be | 47607 |
| less than zero. | 47608 |
| (5) "Total amount available for distribution to counties" | 47609 |
| means the total amount available for distribution from the local | 47610 |
| communities fund during the current month less the total amount | 47611 |
| available for distribution to municipal corporations during the | 47612 |
| current month under division (C) of this section. | 47613 |
| (B) On or before the tenth day of each month, the tax | 47614 |
|
commissioner shall provide for payment to | 47615 |
|
each county | 47616 |
| (1) The county's proportionate share of the calendar year | 47617 |
| 2007 LGF and LGRAF distributions multiplied by the 2007 LGF and | 47618 |
| LGRAF county distribution base available in that month, provided | 47619 |
| that if the 2007 LGF and LGRAF county distribution base available | 47620 |
| in that month is zero, no payment shall be made under division | 47621 |
| (B)(1) of this section for the month or the remainder of the | 47622 |
| calendar year; and | 47623 |
| (2) The county's proportionate share of the total amount of | 47624 |
| the local | 47625 |
| multiplied by the local communities fund additional revenue | 47626 |
| distribution base available
| 47627 |
| 47628 | |
| 47629 | |
| 47630 | |
| 47631 | |
| 47632 | |
| 47633 | |
| 47634 | |
| 47635 | |
| 47636 | |
| 47637 | |
| 47638 | |
| 47639 | |
| 47640 |
| | 47641 |
| 47642 | |
| 47643 | |
| 47644 |
| Money received into the treasury of a county under this | 47645 |
|
division shall be credited to the undivided local | 47646 |
| communities fund in the treasury of the county on or before the | 47647 |
| fifteenth day of
each month. | 47648 |
| each month, the county auditor shall issue warrants against all of | 47649 |
| the undivided local | 47650 |
| treasury in the respective amounts allowed as provided in section | 47651 |
| 5747.51 of the Revised Code, and the treasurer shall distribute | 47652 |
| and pay such sums to the subdivision therein. | 47653 |
| (C)(1) As used in division (C) of this section: | 47654 |
| (a) "Total amount available for distribution to | 47655 |
| municipalities during the current month" means the product | 47656 |
| obtained by multiplying the total amount available for | 47657 |
| distribution from the local communities fund during the current | 47658 |
| month by the aggregate municipal share. | 47659 |
| (b) "Aggregate municipal share" means the quotient obtained | 47660 |
| by dividing the total amount distributed directly from the local | 47661 |
| government fund to municipal corporations during calendar year | 47662 |
| 2007 by the total distributions from the local government fund and | 47663 |
| local government revenue assistance fund during calendar year | 47664 |
| 2007. | 47665 |
| (2) On or before the tenth day of each month, the tax | 47666 |
| commissioner shall provide for payment from the local communities | 47667 |
| fund to | 47668 |
| 47669 | |
| 47670 | |
| 47671 | |
| multiplying the municipal corporation's
percentage | 47672 |
| amount | 47673 |
| this division | 47674 |
| 47675 | |
| 47676 | |
| 47677 | |
| 47678 | |
| municipal corporations during the current month. | 47679 |
| (3) Payments received by a municipal corporation under this | 47680 |
| division shall be paid into its general fund and may be used for | 47681 |
| any lawful purpose. | 47682 |
| (4) The amount distributed to municipal corporations under | 47683 |
| this division during any calendar year shall not exceed the amount | 47684 |
| distributed directly from the local government fund to municipal | 47685 |
| corporations during calendar year 2007. If that maximum amount is | 47686 |
| reached during any month, distributions to municipal corporations | 47687 |
| in that month shall be as provided in divisions (C)(1) and (2) of | 47688 |
| this section, but no further distributions shall be made to | 47689 |
| municipal corporations under division (C) of this section during | 47690 |
| the remainder of the calendar year. | 47691 |
| (5) Upon being informed of a municipal corporation's | 47692 |
| dissolution, the tax commissioner shall cease providing for | 47693 |
| payments to that municipal corporation under division (C) of this | 47694 |
| section. The proportionate shares of the total amount available | 47695 |
| for distribution to each of the remaining municipal corporations | 47696 |
| under this division shall be increased on a pro rata basis. | 47697 |
| (D) Each municipal corporation which has in effect a tax | 47698 |
| imposed under Chapter 718. of the Revised Code shall, no later | 47699 |
| than the thirty-first day of August of each year, certify to the | 47700 |
| tax commissioner the total amount of income taxes collected by | 47701 |
| such municipal corporation pursuant to such chapter during the | 47702 |
|
preceding calendar year. The tax commissioner | 47703 |
|
payment of local | 47704 |
| division (C) of this section from any municipal corporation for | 47705 |
| failure to comply with this reporting requirement. | 47706 |
| Sec. 5747.501. (A) | 47707 |
| twenty-fifth day of | 47708 |
| commissioner shall estimate and certify to each county auditor the | 47709 |
|
amount to be | 47710 |
| communities fund | 47711 |
| communities fund during the following calendar year under section | 47712 |
| 5747.50 of the
Revised Code. The | 47713 |
| 47714 | |
| 47715 | |
| computed under divisions | 47716 |
| 47717 |
| | 47718 |
| 47719 | |
| 47720 | |
| 47721 | |
| 47722 | |
| 47723 |
| | 47724 |
| | 47725 |
| 47726 | |
| 47727 | |
| 47728 | |
| 47729 |
| | 47730 |
| 47731 | |
| 47732 | |
| 47733 | |
| 47734 | |
| 47735 | |
| 47736 | |
| 47737 |
| | 47738 |
| 47739 | |
| 47740 | |
| 47741 |
| | 47742 |
| 47743 | |
| 47744 | |
| 47745 | |
| 47746 | |
| 47747 | |
| 47748 | |
| 47749 |
| | 47750 |
| 47751 |
| | 47752 |
| 47753 | |
| 47754 | |
| 47755 |
| (B) | 47756 |
| 47757 | |
| 47758 | |
| 47759 | |
| 47760 | |
| 47761 | |
| 47762 | |
| 47763 | |
| 47764 | |
| 47765 | |
| multiplying the percentage described in division (B)(1)(a) of this | 47766 |
| section by the amount described in division (B)(1)(b) of this | 47767 |
| section. | 47768 |
| (a) Each county's proportionate share of the total amount | 47769 |
| distributed to the counties from the local government fund and the | 47770 |
| local government revenue assistance fund during calendar year | 47771 |
| 2007. | 47772 |
| (b) The total amount distributed to counties from the local | 47773 |
| government fund and the local government revenue assistance fund | 47774 |
| during calendar year 2007 adjusted downward if, and to the extent | 47775 |
| that, total local communities fund distributions to counties for | 47776 |
| the following year are projected to be less than what was | 47777 |
| distributed to counties from the local government fund and local | 47778 |
| government revenue assistance fund during calendar year 2007. | 47779 |
| (2) The product obtained by multiplying the percentage | 47780 |
| described in division (B)(2)(a) of this section by the amount | 47781 |
| described in division (B)(2)(b) of this section. | 47782 |
| (a) Each county's proportionate share of the state's | 47783 |
| population as reflected in the most recent federal decennial | 47784 |
| census or the federal government's most recent census estimates, | 47785 |
| whichever represents the most recent year. | 47786 |
| (b) The amount by which total estimated distributions from | 47787 |
| the local communities fund during the immediately succeeding | 47788 |
| calendar year, less the total estimated amount to be distributed | 47789 |
| from the fund to municipal corporations under division (C) of | 47790 |
| section 5747.50 of the Revised Code during the immediately | 47791 |
| succeeding calendar year, exceed the total amount distributed to | 47792 |
| counties from the local government fund and local government | 47793 |
| revenue assistance fund during calendar year 2007. | 47794 |
| Sec. 5747.51. (A) | 47795 |
| 47796 | |
| commissioner shall make and certify to the county auditor of each | 47797 |
| county an estimate of the amount of
the local | 47798 |
| communities fund to be allocated to the undivided local
| 47799 |
| communities fund of each county for the ensuing calendar year and | 47800 |
| the estimated amount to be received by the undivided local | 47801 |
| 47802 | |
| pursuant to section 5707.03 of the Revised Code for the ensuing | 47803 |
| calendar year. | 47804 |
| (B) At each annual regular session of the county budget | 47805 |
| commission convened pursuant to section 5705.27 of the Revised | 47806 |
| Code, each auditor shall present to the commission the certificate | 47807 |
| of the commissioner, the annual tax budget and estimates, and the | 47808 |
| records showing the action of the commission in its last preceding | 47809 |
| regular session. The estimates shown on the certificate of the | 47810 |
| commissioner of the amount to be allocated from the local | 47811 |
| 47812 | |
| taxes levied pursuant to section 5707.03 of the Revised Code shall | 47813 |
| be combined into one total comprising the estimate of the | 47814 |
|
undivided local
| 47815 |
| commission, after extending to the representatives of each | 47816 |
| subdivision an opportunity to be heard, under oath administered by | 47817 |
| any member of the commission, and considering all the facts and | 47818 |
| information presented to it by the auditor, shall determine the | 47819 |
| amount of the
undivided local
| 47820 |
| by and to be apportioned to each subdivision for current operating | 47821 |
| expenses, as shown in the tax budget of the subdivision. This | 47822 |
| determination shall be made pursuant to divisions (C) to (I) of | 47823 |
| this section, unless the commission has provided for a formula | 47824 |
| pursuant to section 5747.53 of the Revised Code. | 47825 |
| Nothing in this section prevents the budget commission, for | 47826 |
|
the purpose of apportioning the undivided local
| 47827 |
| communities fund, from inquiring into the claimed needs of any | 47828 |
| subdivision as stated in its tax budget, or from adjusting claimed | 47829 |
| needs to reflect actual needs. For the purposes of this section, | 47830 |
| "current operating expenses" means the lawful expenditures of a | 47831 |
| subdivision, except those for permanent improvements and except | 47832 |
| payments for interest, sinking fund, and retirement of bonds, | 47833 |
| notes, and certificates of indebtedness of the subdivision. | 47834 |
| (C) The commission shall determine the combined total of the | 47835 |
| estimated expenditures, including transfers, from the general fund | 47836 |
| and any special funds other than special funds established for | 47837 |
| road and bridge; street construction, maintenance, and repair; | 47838 |
| state highway improvement; and gas, water, sewer, and electric | 47839 |
| public utilities operated by a subdivision, as shown in the | 47840 |
| subdivision's tax budget for the ensuing calendar year. | 47841 |
| (D) From the combined total of expenditures calculated | 47842 |
| pursuant to division (C) of this section, the commission shall | 47843 |
| deduct the following expenditures, if included in these funds in | 47844 |
| the tax budget: | 47845 |
| (1) Expenditures for permanent improvements as defined in | 47846 |
| division (E) of section 5705.01 of the Revised Code; | 47847 |
| (2) In the case of counties and townships, transfers to the | 47848 |
| road and bridge fund, and in the case of municipalities, transfers | 47849 |
| to the street construction, maintenance, and repair fund and the | 47850 |
| state highway improvement fund; | 47851 |
| (3) Expenditures for the payment of debt charges; | 47852 |
| (4) Expenditures for the payment of judgments. | 47853 |
| (E) In addition to the deductions made pursuant to division | 47854 |
| (D) of this section, revenues accruing to the general fund and any | 47855 |
| special fund considered under division (C) of this section from | 47856 |
| the following sources shall be deducted from the combined total of | 47857 |
| expenditures calculated pursuant to division (C) of this section: | 47858 |
| (1) Taxes levied within the ten-mill limitation, as defined | 47859 |
| in section 5705.02 of the Revised Code; | 47860 |
| (2) The budget commission allocation of estimated county | 47861 |
| 47862 | |
| distributed pursuant to section 5747.48 of the Revised Code; | 47863 |
| (3) Estimated unencumbered balances as shown on the tax | 47864 |
| budget as of the thirty-first day of December of the current year | 47865 |
| in the general fund, but not any estimated balance in any special | 47866 |
| fund considered in division (C) of this section; | 47867 |
| (4) Revenue, including transfers, shown in the general fund | 47868 |
| and any special funds other than special funds established for | 47869 |
| road and bridge; street construction, maintenance, and repair; | 47870 |
| state highway improvement; and gas, water, sewer, and electric | 47871 |
| public utilities, from all other sources except those that a | 47872 |
| subdivision receives from an additional tax or service charge | 47873 |
| voted by its electorate or receives from special assessment or | 47874 |
| revenue bond collection. For the purposes of this division, where | 47875 |
| the charter of a municipal corporation prohibits the levy of an | 47876 |
| income tax, an income tax levied by the legislative authority of | 47877 |
| such municipal corporation pursuant to an amendment of the charter | 47878 |
| of that municipal corporation to authorize such a levy represents | 47879 |
| an additional tax voted by the electorate of that municipal | 47880 |
| corporation. For the purposes of this division, any measure | 47881 |
| adopted by a board of county commissioners pursuant to section | 47882 |
| 322.02, 324.02, 4504.02, or 5739.021 of the Revised Code, | 47883 |
| including those measures upheld by the electorate in a referendum | 47884 |
| conducted pursuant to section 322.021, 324.021, 4504.021, or | 47885 |
| 5739.022 of the Revised Code, shall not be considered an | 47886 |
| additional tax voted by the electorate. | 47887 |
| Subject to division (G) of section 5705.29 of the Revised | 47888 |
| Code, money in a reserve balance account established by a county, | 47889 |
| township, or municipal corporation under section 5705.13 of the | 47890 |
| Revised Code shall not be considered an unencumbered balance or | 47891 |
| revenue under division (E)(3) or (4) of this section. Money in a | 47892 |
| reserve balance account established by a township under section | 47893 |
| 5705.132 of the Revised Code shall not be considered an | 47894 |
| unencumbered balance or revenue under division (E)(3) or (4) of | 47895 |
| this section. | 47896 |
| If a county, township, or municipal corporation has created | 47897 |
| and maintains a nonexpendable trust fund under section 5705.131 of | 47898 |
| the Revised Code, the principal of the fund, and any additions to | 47899 |
| the principal arising from sources other than the reinvestment of | 47900 |
| investment earnings arising from such a fund, shall not be | 47901 |
| considered an unencumbered balance or revenue under division | 47902 |
| (E)(3) or (4) of this section. Only investment earnings arising | 47903 |
| from investment of the principal or investment of such additions | 47904 |
| to principal may be considered an unencumbered balance or revenue | 47905 |
| under those divisions. | 47906 |
| (F) The total expenditures calculated pursuant to division | 47907 |
| (C) of this section, less the deductions authorized in divisions | 47908 |
| (D) and (E) of this section, shall be known as the "relative need" | 47909 |
| of the subdivision, for the purposes of this section. | 47910 |
| (G) The budget commission shall total the relative need of | 47911 |
| all participating subdivisions in the county, and shall compute a | 47912 |
| relative need factor by dividing the total estimate of the | 47913 |
| undivided local government fund by the total relative need of all | 47914 |
| participating subdivisions. | 47915 |
| (H) The relative need of each subdivision shall be multiplied | 47916 |
| by the relative need factor to determine the proportionate share | 47917 |
| of the subdivision in the undivided local
| 47918 |
| fund of the county; provided, that the maximum proportionate share | 47919 |
| of a county shall not exceed the following maximum percentages of | 47920 |
| the total estimate of the undivided local
| 47921 |
| fund governed by the relationship of the percentage of the | 47922 |
| population of the county that resides within municipal | 47923 |
| corporations within the county to the total population of the | 47924 |
| county as reported in the reports on population in Ohio by the | 47925 |
| department of development as of the twentieth day of July of the | 47926 |
| year in which the tax budget is filed with the budget commission: | 47927 |
| Percentage of | Percentage share | 47928 | |
| municipal population | of the county | 47929 | |
| within the county: | shall not exceed: | 47930 | |
| Less than forty-one per cent | Sixty per cent | 47931 | |
| Forty-one per cent or more but less | 47932 | ||
| than eighty-one per cent | Fifty per cent | 47933 | |
| Eighty-one per cent or more | Thirty per cent | 47934 |
| Where the proportionate share of the county exceeds the | 47935 |
| limitations established in this division, the budget commission | 47936 |
| shall adjust the proportionate shares determined pursuant to this | 47937 |
| division so that the proportionate share of the county does not | 47938 |
| exceed these limitations, and it shall increase the proportionate | 47939 |
| shares of all other subdivisions on a pro rata basis. In counties | 47940 |
| having a population of less than one hundred thousand, not less | 47941 |
| than ten per cent shall be distributed to the townships therein. | 47942 |
| (I) The proportionate share of each subdivision in the | 47943 |
|
undivided local | 47944 |
| division (H) of this section for any calendar year shall not be | 47945 |
| less than the product of the average of the percentages of the | 47946 |
| undivided local government fund of the county as apportioned to | 47947 |
| that subdivision for the calendar years 1968, 1969, and 1970, | 47948 |
| multiplied by the total amount of the undivided local government | 47949 |
| fund of the county apportioned pursuant to former section 5735.23 | 47950 |
| of the Revised Code for the calendar year 1970. For the purposes | 47951 |
| of this division, the total apportioned amount for the calendar | 47952 |
| year 1970 shall be the amount actually allocated to the county in | 47953 |
| 1970 from the state collected intangible tax as levied by section | 47954 |
| 5707.03 of the Revised Code and distributed pursuant to section | 47955 |
| 5725.24 of the Revised Code, plus the amount received by the | 47956 |
| county in the calendar year 1970 pursuant to division (B)(1) of | 47957 |
| former section 5739.21 of the Revised Code, and distributed | 47958 |
| pursuant to former section 5739.22 of the Revised Code. If the | 47959 |
|
total amount of the undivided local | 47960 |
| for any calendar year is less than the amount of the undivided | 47961 |
| local government fund apportioned pursuant to former section | 47962 |
| 5739.23 of the Revised Code for the calendar year 1970, the | 47963 |
| minimum amount guaranteed to each subdivision for that calendar | 47964 |
| year pursuant to this division shall be reduced on a basis | 47965 |
| proportionate to the amount by which the amount of the undivided | 47966 |
| local | 47967 |
| than the amount of the undivided local government fund apportioned | 47968 |
| for the calendar year 1970. | 47969 |
| (J) On the basis of such apportionment, the county auditor | 47970 |
| shall compute the percentage share of each such subdivision in the | 47971 |
|
undivided local | 47972 |
| time certify to the tax commissioner the percentage share of the | 47973 |
| county as a subdivision. No payment shall be made from the | 47974 |
|
undivided local
| 47975 |
| with such percentage shares. | 47976 |
| Within ten days after the budget commission has made its | 47977 |
| apportionment, whether conducted pursuant to section 5747.51 or | 47978 |
| 5747.53 of the Revised Code, the auditor shall publish a list of | 47979 |
| the subdivisions and the amount each is to receive from the | 47980 |
|
undivided local | 47981 |
| share of each subdivision, in a newspaper or newspapers of | 47982 |
| countywide circulation, and send a copy of such allocation to the | 47983 |
| tax commissioner. | 47984 |
| The county auditor shall also send by certified mail, return | 47985 |
| receipt requested, a copy of such allocation to the fiscal officer | 47986 |
| of each subdivision entitled to participate in the allocation of | 47987 |
|
the undivided local | 47988 |
| This copy shall constitute the official notice of the commission | 47989 |
| action referred to in section 5705.37 of the Revised Code. | 47990 |
| All money received into the treasury of a subdivision from | 47991 |
|
the undivided local | 47992 |
| treasury shall be paid into the general fund and used for the | 47993 |
| current operating expenses of the subdivision. | 47994 |
| If a municipal corporation maintains a municipal university, | 47995 |
| such municipal university, when the board of trustees so requests | 47996 |
| the legislative authority of the municipal corporation, shall | 47997 |
| participate in the money apportioned to such municipal corporation | 47998 |
|
from the total local | 47999 |
| and constituted, in such amount as requested by the board of | 48000 |
| trustees, provided such sum does not exceed nine per cent of the | 48001 |
| total amount paid to the municipal corporation. | 48002 |
| If any public official fails to maintain the records required | 48003 |
| by sections 5747.50 to 5747.55 of the Revised Code or by the rules | 48004 |
| issued by the tax commissioner, the auditor of state, or the | 48005 |
| treasurer of state pursuant to such sections, or fails to comply | 48006 |
| with any law relating to the enforcement of such sections, the | 48007 |
|
local | 48008 |
| 48009 | |
| complied with such sections or such law or the rules issued | 48010 |
| pursuant thereto. | 48011 |
| Sec. 5747.52. The form used by the county budget commission | 48012 |
| to calculate subdivision shares of the undivided local
| 48013 |
| communities fund as apportioned pursuant to section 5747.51 of the | 48014 |
| Revised Code shall be as follows: | 48015 |
| 48016 |
| 48017 |
| 48018 |
| Authorized expenditure for subdivision | Total | 48019 | ||
| 1. Estimated expenditures from general fund | ..... | 48020 | ||
| 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 | ..... | 48021 | ||
| 3. Total | ..... | 48022 | ||
| Deductions from authorized expenditures | 48023 | |||
| 4. Expenditures for permanent improvements | ..... | 48024 | ||
| 5. Transfers to road and bridge fund (counties and townships only) | ..... | 48025 | ||
| 6. Transfers to street construction, maintenance, and repair, and state highway improvements funds | ..... | 48026 | ||
| 7. Expenditures for the payment of debt charges | ..... | 48027 | ||
| 8. Expenditures for the payment of judgments | ..... | 48028 | ||
| 9. Taxes levied inside the "ten-mill limitation" | ..... | 48029 | ||
| 10. Budget commission allocation of estimated county |
..... | 48030 | ||
| 11. Estimated unemcumbered balances as of December 31 of current year in the general funds as stated in the tax budget | ..... | 48031 | ||
| 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 | ..... | 48032 | ||
| 13. Total | ..... | 48033 | ||
| Calculation of subdivision share | 48034 | |||
| 14. Relative need of subdivision (line 3 less line 13) | ..... | 48035 | ||
| 15. Relative need factor for county (total estimate of undivided local
|
..... | 48036 | ||
| 16. Proportionate share of subdivision (relative need of subdivision multiplied by relative need factor) | ..... | 48037 | ||
| 17. After any adjustments necessary to comply with statutory maximum share allowable to county | ..... | 48038 | ||
| 18. After any adjustments necessary to comply with statutory minimum share allowable to townships | ..... | 48039 | ||
| 19. After any adjustments necessary to comply with minimum guarantee in division (I) of section 5747.51 of the Revised Code | ..... | 48040 | ||
| 20. Proportionate share of subdivision (line 16, 17, 18, or 19, whichever is appropriate) | ..... | 48041 |
| Sec. 5747.53. (A) As used in this section: | 48042 |
| (1) "City, located wholly or partially in the county, with | 48043 |
| the greatest population" means the city, located wholly or | 48044 |
| partially in the county, with the greatest population residing in | 48045 |
| the county; however, if the county budget commission on or before | 48046 |
| January 1, 1998, adopted an alternative method of apportionment | 48047 |
| that was approved by the legislative authority of the city, | 48048 |
| located partially in the county, with the greatest population but | 48049 |
| not the greatest population residing in the county, "city, located | 48050 |
| wholly or partially in the county, with the greatest population" | 48051 |
| means the city, located wholly or partially in the county, with | 48052 |
| the greatest population whether residing in the county or not, if | 48053 |
| this alternative meaning is adopted by action of the board of | 48054 |
| county commissioners and a majority of the boards of township | 48055 |
| trustees and legislative authorities of municipal corporations | 48056 |
| located wholly or partially in the county. If the county budget | 48057 |
| commission adopted a method or formula for apportioning the | 48058 |
| undivided local government fund under this section as this section | 48059 |
| existed on the effective date of its amendment by H.B. 119 of the | 48060 |
| 127th general assembly, and, if it were not for the amendment | 48061 |
| replacing "undivided local government fund" with "undivided local | 48062 |
| communities fund" the undivided local government fund would have | 48063 |
| been apportioned among subdivisions eligible to participate in the | 48064 |
| fund on the basis of such method or formula, then such method or | 48065 |
| formula shall be used to apportion the undivided local communities | 48066 |
| fund among subdivisions eligible to participate in the fund. | 48067 |
| (2) "Participating political subdivision" means a municipal | 48068 |
| corporation or township that satisfies all of the following: | 48069 |
| (a) It is located wholly or partially in the county. | 48070 |
| (b) It is not the city, located wholly or partially in the | 48071 |
| county, with the greatest population. | 48072 |
| (c)
Undivided local | 48073 |
| apportioned to it under the county's alternative method or formula | 48074 |
| of apportionment in the current calendar year. | 48075 |
| (B) In lieu of the method of apportionment of the undivided | 48076 |
|
local | 48077 |
| section 5747.51 of the Revised Code, the county budget commission | 48078 |
| may provide for the apportionment of the fund under an alternative | 48079 |
| method or on a formula basis as authorized by this section. | 48080 |
| Except as otherwise provided in division (C) of this section, | 48081 |
| the alternative method of apportionment shall have first been | 48082 |
| approved by all of the following governmental units: the board of | 48083 |
| county commissioners; the legislative authority of the city, | 48084 |
| located wholly or partially in the county, with the greatest | 48085 |
| population; and a majority of the boards of township trustees and | 48086 |
| legislative authorities of municipal corporations, located wholly | 48087 |
| or partially in the county, excluding the legislative authority of | 48088 |
| the city, located wholly or partially in the county, with the | 48089 |
| greatest population. In granting or denying approval for an | 48090 |
| alternative method of apportionment, the board of county | 48091 |
| commissioners, boards of township trustees, and legislative | 48092 |
| authorities of municipal corporations shall act by motion. A | 48093 |
| motion to approve shall be passed upon a majority vote of the | 48094 |
| members of a board of county commissioners, board of township | 48095 |
| trustees, or legislative authority of a municipal corporation, | 48096 |
| shall take effect immediately, and need not be published. | 48097 |
| Any alternative method of apportionment adopted and approved | 48098 |
| under this division may be revised, amended, or repealed in the | 48099 |
| same manner as it may be adopted and approved. If an alternative | 48100 |
| method of apportionment adopted and approved under this division | 48101 |
|
is repealed,
the
undivided
local
| 48102 |
| the county shall be apportioned among the subdivisions eligible to | 48103 |
| participate in the fund, commencing in the ensuing calendar year, | 48104 |
| under the apportionment provided in section 5747.52 of the Revised | 48105 |
| Code, unless the repeal occurs by operation of division (C) of | 48106 |
| this section or a new method for apportionment of the fund is | 48107 |
| provided in the action of repeal. | 48108 |
| (C) This division applies only in counties in which the city, | 48109 |
| located wholly or partially in the county, with the greatest | 48110 |
| population has a population of twenty thousand or less and a | 48111 |
| population that is less than fifteen per cent of the total | 48112 |
| population of the county. In such a county, the legislative | 48113 |
| authorities or boards of township trustees of two or more | 48114 |
| participating political subdivisions, which together have a | 48115 |
| population residing in the county that is a majority of the total | 48116 |
| population of the county, each may adopt a resolution to exclude | 48117 |
| the approval otherwise required of the legislative authority of | 48118 |
| the city, located wholly or partially in the county, with the | 48119 |
| greatest population. All of the resolutions to exclude that | 48120 |
| approval shall be adopted not later than the first Monday of | 48121 |
| August of the year preceding the calendar year in which | 48122 |
| distributions are to be made under an alternative method of | 48123 |
| apportionment. | 48124 |
| A motion granting or denying approval of an alternative | 48125 |
| method of apportionment under this division shall be adopted by a | 48126 |
| majority vote of the members of the board of county commissioners | 48127 |
| and by a majority vote of a majority of the boards of township | 48128 |
| trustees and legislative authorities of the municipal corporations | 48129 |
| located wholly or partially in the county, other than the city, | 48130 |
| located wholly or partially in the county, with the greatest | 48131 |
| population, shall take effect immediately, and need not be | 48132 |
| published. The alternative method of apportionment under this | 48133 |
| division shall be adopted and approved annually, not later than | 48134 |
| the first Monday of August of the year preceding the calendar year | 48135 |
| in which distributions are to be made under it. A motion granting | 48136 |
| approval of an alternative method of apportionment under this | 48137 |
| division repeals any existing alternative method of apportionment, | 48138 |
| effective with distributions to be made from the fund in the | 48139 |
| ensuing calendar year. An alternative method of apportionment | 48140 |
| under this division shall not be revised or amended after the | 48141 |
| first Monday of August of the year preceding the calendar year in | 48142 |
| which distributions are to be made under it. | 48143 |
| (D) In determining an alternative method of apportionment | 48144 |
| authorized by this section, the county budget commission may | 48145 |
| include in the method any factor considered to be appropriate and | 48146 |
| reliable, in the sole discretion of the county budget commission. | 48147 |
| (E) The limitations set forth in section 5747.51 of the | 48148 |
| Revised Code, stating the maximum amount that the county may | 48149 |
|
receive from
the undivided local | 48150 |
| the minimum amount the townships in counties having a population | 48151 |
| of less than one hundred thousand may receive from the fund, are | 48152 |
| applicable to any alternative method of apportionment authorized | 48153 |
| under this section. | 48154 |
| (F) On the basis of any alternative method of apportionment | 48155 |
| adopted and approved as authorized by this section, as certified | 48156 |
| by the auditor to the county treasurer, the county treasurer shall | 48157 |
|
make
distribution of the money in the undivided
local | 48158 |
| communities fund to each subdivision eligible to participate in | 48159 |
| the fund, and the auditor, when the amount of those shares is in | 48160 |
| the custody of the treasurer in the amounts so computed to be due | 48161 |
| the respective subdivisions, shall at the same time certify to the | 48162 |
| tax commissioner the percentage share of the county as a | 48163 |
| subdivision. All money received into the treasury of a subdivision | 48164 |
| from the
undivided local | 48165 |
| treasury shall be paid into the general fund and used for the | 48166 |
| current operating expenses of the subdivision. If a municipal | 48167 |
| corporation maintains a municipal university, the university, when | 48168 |
| the board of trustees so requests the legislative authority of the | 48169 |
| municipal corporation, shall participate in the money apportioned | 48170 |
| to
the
municipal corporation from the total
local
| 48171 |
| communities fund, however created and constituted, in the amount | 48172 |
| requested by the board of trustees, provided that amount does not | 48173 |
| exceed nine per cent of the total amount paid to the municipal | 48174 |
| corporation. | 48175 |
| (G) The actions of the county budget commission taken | 48176 |
| pursuant to this section are final and may not be appealed to the | 48177 |
| board of tax appeals, except on the issues of abuse of discretion | 48178 |
| and failure to comply with the formula. | 48179 |
| Sec. 5747.54. The tax commissioner | 48180 |
| withhold distributions of
local | 48181 |
| to any county where the county auditor has failed to certify to | 48182 |
| the tax commissioner the percentage share of the undivided local | 48183 |
| 48184 | |
| year for which distribution is to
be made. The director | 48185 |
| budget and management may direct the tax commissioner to withhold | 48186 |
| from | 48187 |
| thereto that constitutes the share of the county as a subdivision | 48188 |
| of the local communities fund so long as such county is indebted | 48189 |
| or otherwise obligated to the state, until such indebtedness or | 48190 |
| other obligation has been duly paid, but no distribution of such | 48191 |
| percentage share of the local | 48192 |
| withheld unless an itemized statement of such indebtedness is | 48193 |
| furnished the county auditor of the county from which the | 48194 |
| indebtedness is due at least thirty days prior to the withholding | 48195 |
| of the distribution. | 48196 |
| Any indebtedness or obligation of the state to a county shall | 48197 |
| be deducted from the amount owing to the state by such county in | 48198 |
| determining the indebtedness or obligation as to which | 48199 |
| distribution is withheld. | 48200 |
| Sec. 5747.55. The action of the county budget commission | 48201 |
| under sections 5747.51 and 5747.62 of the Revised Code may be | 48202 |
| appealed to the board of tax appeals in the manner and with the | 48203 |
| effect provided in section 5705.37 of the Revised Code, in | 48204 |
| accordance with the following rules: | 48205 |
| (A) The notice of appeal shall be signed by the authorized | 48206 |
| fiscal officer and shall set forth in clear and concise language: | 48207 |
| (1) A statement of the action of the budget commission | 48208 |
| appealed from, and the date of the receipt by the subdivision of | 48209 |
| the official certificate or notice of such action; | 48210 |
| (2) The error or errors the taxing district believes the | 48211 |
| budget commission made; | 48212 |
| (3) The specific relief sought by the taxing district. | 48213 |
| (B) The notice of appeal shall have attached thereto: | 48214 |
| (1) A certified copy of the resolution of the taxing | 48215 |
| authority authorizing the fiscal officer to file the appeal; | 48216 |
| (2) An exact copy of the official certificate, or notice of | 48217 |
| the action of the budget commission appealed from; | 48218 |
| (3) An exact copy of the budget request filed with the budget | 48219 |
| commission by the complaining subdivision, with the date of filing | 48220 |
| noted thereon. | 48221 |
| (C) There shall also be attached to the notice of appeal a | 48222 |
| statement showing: | 48223 |
| (1) The name of the fund involved, the total amount in | 48224 |
| dollars allocated, and the exact amount in dollars allocated to | 48225 |
| each participating subdivision; | 48226 |
| (2) The amount in dollars which the complaining subdivision | 48227 |
| believes it should have received; | 48228 |
| (3) The name of each participating subdivision, as well as | 48229 |
| the name and address of the fiscal officer thereof, that the | 48230 |
| complaining subdivision believes received more than its proper | 48231 |
| share of the allocation, and the exact amount in dollars of such | 48232 |
| alleged over-allocation. | 48233 |
| (D) Only the participating subdivisions named pursuant to | 48234 |
| division (C) of this section are to be considered as appellees | 48235 |
| before the board of tax appeals and no change shall, in any | 48236 |
| amount, be made in the amount allocated to participating | 48237 |
| subdivisions not appellees. | 48238 |
| (E) The total of the undivided local government fund | 48239 |
| undivided local government revenue assistance fund, or local | 48240 |
| communities fund to be allocated by the board of tax appeals upon | 48241 |
| appeal is the total of that fund allocated by the budget | 48242 |
| commission to those subdivisions which are appellants and | 48243 |
| appellees before the board of tax appeals. | 48244 |
| Sec. 5747.77. (A) As used in this section: | 48245 |
| (1) "Alternative fuel" means E85 blend fuel or blended | 48246 |
| biodiesel. | 48247 |
| (2) "Biodiesel" means a mono-alkyl ester combustible liquid | 48248 |
| fuel that is derived from vegetable oils or animal fats, or any | 48249 |
| combination of those reagents that meets the American society for | 48250 |
| testing and materials specification for biodiesel fuel (B100) | 48251 |
| blend stock distillate fuels. | 48252 |
| (3) "Blended biodiesel" means a blend of biodiesel with | 48253 |
| petroleum based diesel fuel in which the resultant product | 48254 |
| contains not less than twenty per cent biodiesel and meets the | 48255 |
| American society for testing and materials specification for | 48256 |
| blended diesel fuel. | 48257 |
| (4) "Diesel fuel" means any liquid fuel that is capable of | 48258 |
| use in discrete form or as a blend component in the operation of | 48259 |
| engines of the diesel type. | 48260 |
| (5) "Ethanol" means fermentation ethyl alcohol derived from | 48261 |
| agricultural products, including potatoes, cereal, grains, cheese | 48262 |
| whey, and sugar beets; forest products; or other renewable | 48263 |
| resources, including residue and waste generated from the | 48264 |
| production, processing, and marketing of agricultural products, | 48265 |
| forest products, and other renewable resources that meet all of | 48266 |
| the specifications in the American society for testing and | 48267 |
| materials (ASTM) specification D 4806-88 and is denatured as | 48268 |
| specified in Parts 20 and 21 of Title 27 of the Code of Federal | 48269 |
| Regulations. | 48270 |
| (6) "E85 blend fuel" means fuel containing eighty-five per | 48271 |
| cent or more ethanol, or containing any other percentage of not | 48272 |
| less than seventy per cent ethanol if the United States department | 48273 |
| of energy determines, by rule, that the lower percentage is | 48274 |
| necessary to provide for the requirements of cold start, safety, | 48275 |
| or other vehicle functions, and that meets the American society | 48276 |
| for testing and materials specification for E85 blend fuel. | 48277 |
| (7) "Retail dealer" means any person that is a taxpayer under | 48278 |
| this chapter that owns or operates a retail service station | 48279 |
| located in this state. | 48280 |
| (8) "Retail service station" means a location from which | 48281 |
| alternative fuel is sold to the general public and is dispensed or | 48282 |
| pumped directly into motor vehicle fuel tanks for consumption. | 48283 |
| (B) For taxable years ending in 2008 or 2009, there is hereby | 48284 |
| allowed a nonrefundable credit against the tax imposed by section | 48285 |
| 5747.02 of the Revised Code for a retail dealer that sells | 48286 |
| alternative fuel. The credit for a dealer's taxable year ending in | 48287 |
| 2008 shall equal fifteen cents per gallon of alternative fuel sold | 48288 |
| and dispensed through a metered pump at the retail dealer's retail | 48289 |
| service station during any part of calendar year 2007 or 2008 | 48290 |
| included in that taxable year. The credit for a dealer's taxable | 48291 |
| year ending in 2009 shall equal fifteen cents per gallon of | 48292 |
| alternative fuel sold and dispensed through a metered pump at the | 48293 |
| retail dealer's retail service station during any part of calendar | 48294 |
| year 2008 included in that taxable year, plus thirteen cents per | 48295 |
| gallon of alternative fuel sold and dispensed in that manner | 48296 |
| during any part of calendar year 2009 included in that taxable | 48297 |
| year. | 48298 |
| The credit shall be calculated separately for each retail | 48299 |
| service station owned or operated by the retail dealer. The credit | 48300 |
| allowed under this section may not be claimed for alternative fuel | 48301 |
| sold or dispensed before January 1, 2008, or on or after January | 48302 |
| 1, 2010. | 48303 |
| (C) The retail dealer shall claim the credit under this | 48304 |
| section in the order prescribed in section 5747.98 of the Revised | 48305 |
| Code. The credit shall not exceed the amount of tax otherwise due | 48306 |
| under section 5747.02 of the Revised Code after deducting any | 48307 |
| other credits that precede the credit claimed under this section | 48308 |
| in that order. | 48309 |
| (D) Nothing in this section limits or disallows pass-through | 48310 |
| treatment of the credit if the retail dealer is a pass-through | 48311 |
| entity. If the retail dealer is a pass-through entity, references | 48312 |
| in other divisions of this section to "taxable year" refer to the | 48313 |
| dealer's taxable year; an equity owner of the entity that is a | 48314 |
| taxpayer may claim the owner's distributive or proportionate share | 48315 |
| of the credit for the equity owner's taxable year that includes | 48316 |
| the last day of the entity's taxable year. | 48317 |
| Sec. 5747.98. (A) To provide a uniform procedure for | 48318 |
| calculating the amount of tax due under section 5747.02 of the | 48319 |
| Revised Code, a taxpayer shall claim any credits to which the | 48320 |
| taxpayer is entitled in the following order: | 48321 |
| (1) The retirement income credit under division (B) of | 48322 |
| section 5747.055 of the Revised Code; | 48323 |
| (2) The senior citizen credit under division (C) of section | 48324 |
| 5747.05 of the Revised Code; | 48325 |
| (3) The lump sum distribution credit under division (D) of | 48326 |
| section 5747.05 of the Revised Code; | 48327 |
| (4) The dependent care credit under section 5747.054 of the | 48328 |
| Revised Code; | 48329 |
| (5) The lump sum retirement income credit under division (C) | 48330 |
| of section 5747.055 of the Revised Code; | 48331 |
| (6) The lump sum retirement income credit under division (D) | 48332 |
| of section 5747.055 of the Revised Code; | 48333 |
| (7) The lump sum retirement income credit under division (E) | 48334 |
| of section 5747.055 of the Revised Code; | 48335 |
| (8) The low-income credit under section 5747.056 of the | 48336 |
| Revised Code; | 48337 |
| (9) The credit for displaced workers who pay for job training | 48338 |
| under section 5747.27 of the Revised Code; | 48339 |
| (10) The campaign contribution credit under section 5747.29 | 48340 |
| of the Revised Code; | 48341 |
| (11) The twenty-dollar personal exemption credit under | 48342 |
| section 5747.022 of the Revised Code; | 48343 |
| (12) The joint filing credit under division (G) of section | 48344 |
| 5747.05 of the Revised Code; | 48345 |
| (13) The nonresident credit under division (A) of section | 48346 |
| 5747.05 of the Revised Code; | 48347 |
| (14) The credit for a resident's out-of-state income under | 48348 |
| division (B) of section 5747.05 of the Revised Code; | 48349 |
| (15) The credit for employers that enter into agreements with | 48350 |
| child day-care centers under section 5747.34 of the Revised Code; | 48351 |
| (16) The credit for employers that reimburse employee child | 48352 |
| care expenses under section 5747.36 of the Revised Code; | 48353 |
| (17) The credit for adoption of a minor child under section | 48354 |
| 5747.37 of the Revised Code; | 48355 |
| (18) The credit for purchases of lights and reflectors under | 48356 |
| section 5747.38 of the Revised Code; | 48357 |
| (19) The job retention credit under division (B) of section | 48358 |
| 5747.058 of the Revised Code; | 48359 |
| (20) The credit | 48360 |
| 48361 | |
| selling alternative fuel under section 5747.77 of the Revised | 48362 |
| Code; | 48363 |
| (21) The second credit for purchases of new manufacturing | 48364 |
| machinery and equipment and the credit for using Ohio coal under | 48365 |
| section 5747.31 of the Revised Code; | 48366 |
| (22) The job training credit under section 5747.39 of the | 48367 |
| Revised Code; | 48368 |
| (23) The enterprise zone credit under section 5709.66 of the | 48369 |
| Revised Code; | 48370 |
| (24) The credit for the eligible costs associated with a | 48371 |
| voluntary action under section 5747.32 of the Revised Code; | 48372 |
| (25) The credit for employers that establish on-site child | 48373 |
| day-care centers under section 5747.35 of the Revised Code; | 48374 |
| (26) The ethanol plant investment credit under section | 48375 |
| 5747.75 of the Revised Code; | 48376 |
| (27) The credit for purchases of qualifying grape production | 48377 |
| property under section 5747.28 of the Revised Code; | 48378 |
| (28) The export sales credit under section 5747.057 of the | 48379 |
| Revised Code; | 48380 |
| (29) The credit for research and development and technology | 48381 |
| transfer investors under section 5747.33 of the Revised Code; | 48382 |
| (30) The enterprise zone credits under section 5709.65 of the | 48383 |
| Revised Code; | 48384 |
| (31) The research and development credit under section | 48385 |
| 5747.331 of the Revised Code; | 48386 |
| (32) The refundable credit for rehabilitating a historic | 48387 |
| building under section 5747.76 of the Revised Code; | 48388 |
| (33) The refundable jobs creation credit under division (A) | 48389 |
| of section 5747.058 of the Revised Code; | 48390 |
| (34) The refundable credit for taxes paid by a qualifying | 48391 |
| entity granted under section 5747.059 of the Revised Code; | 48392 |
| (35) The refundable credits for taxes paid by a qualifying | 48393 |
| pass-through entity granted under division (J) of section 5747.08 | 48394 |
| of the Revised Code; | 48395 |
| (36) The refundable credit for tax withheld under division | 48396 |
| (B)(1) of section 5747.062 of the Revised Code; | 48397 |
| (37) The refundable credit under section 5747.80 of the | 48398 |
| Revised Code for losses on loans made to the Ohio venture capital | 48399 |
| program under sections 150.01 to 150.10 of the Revised Code. | 48400 |
| (B) For any credit, except the credits enumerated in | 48401 |
| divisions (A)(32) to (37) of this section and the credit granted | 48402 |
| under division (I) of section 5747.08 of the Revised Code, the | 48403 |
| amount of the credit for a taxable year shall not exceed the tax | 48404 |
| due after allowing for any other credit that precedes it in the | 48405 |
| order required under this section. Any excess amount of a | 48406 |
| particular credit may be carried forward if authorized under the | 48407 |
| section creating that credit. Nothing in this chapter shall be | 48408 |
| construed to allow a taxpayer to claim, directly or indirectly, a | 48409 |
| credit more than once for a taxable year. | 48410 |
| Sec. 5748.01. As used in this chapter: | 48411 |
| (A) "School district income tax" means an income tax adopted | 48412 |
| under one of the following: | 48413 |
| (1) Former section 5748.03 of the Revised Code as it existed | 48414 |
| prior to its repeal by Amended Substitute House Bill No. 291 of | 48415 |
| the 115th general assembly; | 48416 |
| (2) Section 5748.03 of the Revised Code as enacted in | 48417 |
| Substitute Senate Bill No. 28 of the 118th general assembly; | 48418 |
| (3) Section 5748.08 of the Revised Code as enacted in Amended | 48419 |
| Substitute Senate Bill No. 17 of the 122nd general assembly; | 48420 |
| (4) Section 5748.021 of the Revised Code; | 48421 |
| (5) Section 5748.081 of the Revised Code. | 48422 |
| (B) "Individual" means an individual subject to the tax | 48423 |
| levied by section 5747.02 of the Revised Code. | 48424 |
| (C) "Estate" means an estate subject to the tax levied by | 48425 |
| section 5747.02 of the Revised Code. | 48426 |
| (D) "Taxable year" means a taxable year as defined in | 48427 |
| division (M) of section 5747.01 of the Revised Code. | 48428 |
| (E) "Taxable income" means: | 48429 |
| (1) In the case of an individual, one of the following, as | 48430 |
| specified in the resolution imposing the tax: | 48431 |
| (a) Ohio adjusted gross income for the taxable year as | 48432 |
| defined in division (A) of section 5747.01 of the Revised Code, | 48433 |
| less the exemptions provided by section 5747.02 of the Revised | 48434 |
| Code; | 48435 |
| (b) Wages, salaries, tips, and other employee compensation to | 48436 |
| the extent included in Ohio adjusted gross income as defined in | 48437 |
| section 5747.01 of the Revised Code, and net earnings from | 48438 |
| self-employment, as defined in section 1402(a) of the Internal | 48439 |
| Revenue Code, to the extent included in Ohio adjusted gross | 48440 |
| income. | 48441 |
| (2) In the case of an estate, taxable income for the taxable | 48442 |
| year as defined in division (S) of section 5747.01 of the Revised | 48443 |
| Code. | 48444 |
| (F) "Resident" of the school district means: | 48445 |
| (1) An individual who is a resident of this state as defined | 48446 |
| in division (I) of section 5747.01 of the Revised Code during all | 48447 |
| or a portion of the taxable year and who, during all or a portion | 48448 |
| of such period of state residency, is domiciled in the school | 48449 |
| district or lives in and maintains a permanent place of abode in | 48450 |
| the school district; | 48451 |
| (2) An estate of a decedent who, at the time of death, was | 48452 |
| domiciled in the school district. | 48453 |
| (G) "School district income" means: | 48454 |
| (1) With respect to an individual, the portion of the taxable | 48455 |
| income of an individual that is received by the individual during | 48456 |
| the portion of the taxable year that the individual is a resident | 48457 |
| of the school district and the school district income tax is in | 48458 |
| effect in that school district. An individual may have school | 48459 |
| district income with respect to more than one school district. | 48460 |
| (2) With respect to an estate, the taxable income of the | 48461 |
| estate for the portion of the taxable year that the school | 48462 |
| district income tax is in effect in that school district. | 48463 |
| (H) "Taxpayer" means an individual or estate having school | 48464 |
| district income upon which a school district income tax is | 48465 |
| imposed. | 48466 |
| (I) "School district purposes" means any of the purposes for | 48467 |
| which a tax may be levied pursuant to section 5705.21 of the | 48468 |
| Revised Code, including the combined purposes authorized by | 48469 |
| section 5705.217 of the Revised Code. | 48470 |
| Sec. 5748.02. (A) The board of education of any school | 48471 |
| district, except a joint vocational school district, may declare, | 48472 |
| by resolution, the necessity of raising annually a specified | 48473 |
| amount of money for school district purposes. The resolution shall | 48474 |
| specify whether the income that is to be subject to the tax is | 48475 |
| taxable income of individuals and estates as defined in divisions | 48476 |
| (E)(1)(a) and (2) of section 5748.01 of the Revised Code or | 48477 |
| taxable income of individuals as defined in division (E)(1)(b) of | 48478 |
| that section. A copy of the resolution shall be certified to the | 48479 |
| tax commissioner no later than eighty-five days prior to the date | 48480 |
| of the election at which the board intends to propose a levy under | 48481 |
| this section. Upon receipt of the copy of the resolution, the tax | 48482 |
| commissioner shall estimate both of the following: | 48483 |
| (1) The property tax rate that would have to be imposed in | 48484 |
| the current year by the district to produce an equivalent amount | 48485 |
| of money; | 48486 |
| (2) The income tax rate that would have had to have been in | 48487 |
| effect for the current year to produce an equivalent amount of | 48488 |
| money from a school district income tax. | 48489 |
| Within ten days of receiving the copy of the board's | 48490 |
| resolution, the commissioner shall prepare these estimates and | 48491 |
| certify them to the board. Upon receipt of the certification, the | 48492 |
| board may adopt a resolution proposing an income tax under | 48493 |
| division (B) of this section at the estimated rate contained in | 48494 |
|
the certification rounded to the nearest | 48495 |
| one per cent. The commissioner's certification applies only to the | 48496 |
| board's proposal to levy an income tax at the election for which | 48497 |
| the board requested the certification. If the board intends to | 48498 |
| submit a proposal to levy an income tax at any other election, it | 48499 |
| shall request another certification for that election in the | 48500 |
| manner prescribed in this division. | 48501 |
| (B)(1) Upon the receipt of a certification from the tax | 48502 |
| commissioner under division (A) of this section, a majority of the | 48503 |
| members of a board of education may adopt a resolution proposing | 48504 |
| the levy of an annual tax for school district purposes on school | 48505 |
| district income. The proposed levy may be for a continuing period | 48506 |
| of time or for a specified number of years. The resolution shall | 48507 |
| set forth the purpose for which the tax is to be imposed, the rate | 48508 |
| of the tax, which shall be the rate set forth in the | 48509 |
| commissioner's
certification rounded to the nearest | 48510 |
| one-tenth of one per cent, the number of years the tax will be | 48511 |
| levied or that it will be levied for a continuing period of time, | 48512 |
| the date on which the tax shall take effect, which shall be the | 48513 |
| first day of January of any year following the year in which the | 48514 |
| question is submitted, and the date of the election at which the | 48515 |
| proposal shall be submitted to the electors of the district, which | 48516 |
| shall be on the date of a primary, general, or special election | 48517 |
| the date of which is consistent with section 3501.01 of the | 48518 |
| Revised Code. The resolution shall specify whether the income that | 48519 |
| is to be subject to the tax is taxable income of individuals and | 48520 |
| estates as defined in divisions (E)(1)(a) and (2) of section | 48521 |
| 5748.01 of the Revised Code or taxable income of individuals as | 48522 |
| defined in division (E)(1)(b) of that section. The specification | 48523 |
| shall be the same as the specification in the resolution adopted | 48524 |
| and certified under division (A) of this section. | 48525 |
| If the tax is to be levied for current expenses and permanent | 48526 |
| improvements, the resolution shall apportion the annual rate of | 48527 |
| the tax. The apportionment may be the same or different for each | 48528 |
| year the tax is levied, but the respective portions of the rate | 48529 |
| actually levied each year for current expenses and for permanent | 48530 |
| improvements shall be limited by the apportionment. | 48531 |
| If the board of education currently imposes an income tax | 48532 |
| pursuant to this chapter that is due to expire and a question is | 48533 |
| submitted under this section for a proposed income tax to take | 48534 |
| effect upon the expiration of the existing tax, the board may | 48535 |
| specify in the resolution that the proposed tax renews the | 48536 |
| expiring tax and is not an additional income tax, provided that | 48537 |
| the tax rate being proposed is no higher than the tax rate that is | 48538 |
| currently imposed. | 48539 |
| (2) A board of education adopting a resolution under division | 48540 |
| (B)(1) of this section proposing a school district income tax for | 48541 |
| a continuing period of time and limited to the purpose of current | 48542 |
| expenses may propose in that resolution to reduce the rate or | 48543 |
| rates of one or more of the school district's property taxes | 48544 |
| levied for a continuing period of time in excess of the ten-mill | 48545 |
| limitation for the purpose of current expenses. The reduction in | 48546 |
| the rate of a property tax may be any amount, expressed in mills | 48547 |
| per one dollar in valuation, not exceeding the rate at which the | 48548 |
| tax is authorized to be levied. The reduction in the rate of a tax | 48549 |
| shall first take effect for the tax year that includes the day on | 48550 |
| which the school district income tax first takes effect, and shall | 48551 |
| continue for each tax year that both the school district income | 48552 |
| tax and the property tax levy are in effect. | 48553 |
| In addition to the matters required to be set forth in the | 48554 |
| resolution under division (B)(1) of this section, a resolution | 48555 |
| containing a proposal to reduce the rate of one or more property | 48556 |
| taxes shall state for each such tax the maximum rate at which it | 48557 |
| currently may be levied and the maximum rate at which the tax | 48558 |
| could be levied after the proposed reduction, expressed in mills | 48559 |
| per one dollar in valuation, and that the tax is levied for a | 48560 |
| continuing period of time. | 48561 |
| If a board of education proposes to reduce the rate of one or | 48562 |
| more property taxes under division (B)(2) of this section, the | 48563 |
| board, when it makes the certification required under division (A) | 48564 |
| of this section, shall designate the specific levy or levies to be | 48565 |
| reduced, the maximum rate at which each levy currently is | 48566 |
| authorized to be levied, and the rate by which each levy is | 48567 |
| proposed to be reduced. The tax commissioner, when making the | 48568 |
| certification to the board under division (A) of this section, | 48569 |
| also shall certify the reduction in the total effective tax rate | 48570 |
| for current expenses for each class of property that would have | 48571 |
| resulted if the proposed reduction in the rate or rates had been | 48572 |
| in effect the previous tax year. As used in this paragraph, | 48573 |
| "effective tax rate" has the same meaning as in section 323.08 of | 48574 |
| the Revised Code. | 48575 |
| (C) A resolution adopted under division (B) of this section | 48576 |
| shall go into immediate effect upon its passage, and no | 48577 |
| publication of the resolution shall be necessary other than that | 48578 |
| provided for in the notice of election. Immediately after its | 48579 |
| adoption and at least seventy-five days prior to the election at | 48580 |
| which the question will appear on the ballot, a copy of the | 48581 |
| resolution shall be certified to the board of elections of the | 48582 |
| proper county, which shall submit the proposal to the electors on | 48583 |
| the date specified in the resolution. The form of the ballot shall | 48584 |
| be as provided in section 5748.03 of the Revised Code. Publication | 48585 |
| of notice of the election shall be made in one or more newspapers | 48586 |
| of general circulation in the county once a week for two | 48587 |
| consecutive weeks prior to the election, and, if the board of | 48588 |
| elections operates and maintains a web site, the board of | 48589 |
| elections shall post notice of the election on its web site for | 48590 |
| thirty days prior to the election. The notice shall contain the | 48591 |
| time and place of the election and the question to be submitted to | 48592 |
| the electors. The question covered by the resolution shall be | 48593 |
| submitted as a separate proposition, but may be printed on the | 48594 |
| same ballot with any other proposition submitted at the same | 48595 |
| election, other than the election of officers. | 48596 |
| (D) No board of education shall submit the question of a tax | 48597 |
| on school district income to the electors of the district more | 48598 |
| than twice in any calendar year. If a board submits the question | 48599 |
| twice in any calendar year, one of the elections on the question | 48600 |
| shall be held on the date of the general election. | 48601 |
| (E)(1) No board of education may submit to the electors of | 48602 |
| the district the question of a tax on school district income on | 48603 |
| the taxable income of individuals as defined in division (E)(1)(b) | 48604 |
| of section 5748.01 of the Revised Code if that tax would be in | 48605 |
| addition to an existing tax on the taxable income of individuals | 48606 |
| and estates as defined in divisions (E)(1)(a) and (2) of that | 48607 |
| section. | 48608 |
| (2) No board of education may submit to the electors of the | 48609 |
| district the question of a tax on school district income on the | 48610 |
| taxable income of individuals and estates as defined in divisions | 48611 |
| (E)(1)(a) and (2) of section 5748.01 of the Revised Code if that | 48612 |
| tax would be in addition to an existing tax on the taxable income | 48613 |
| of individuals as defined in division (E)(1)(b) of that section. | 48614 |
| Sec. 5748.021. A board of education that levies a tax under | 48615 |
| section 5748.02 of the Revised Code on the school district income | 48616 |
| of individuals and estates as defined in divisions (G) and | 48617 |
| (E)(1)(a) and (2) of section 5748.01 of the Revised Code may | 48618 |
| declare, at any time, by a resolution adopted by a majority of its | 48619 |
| members, the necessity of raising annually a specified amount of | 48620 |
| money for school district purposes by replacing the existing tax | 48621 |
| with a tax on the school district income of individuals as defined | 48622 |
| in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the | 48623 |
| Revised Code. The specified amount of money to be raised annually | 48624 |
| may be the same as, or more or less than, the amount of money | 48625 |
| raised annually by the existing tax. | 48626 |
| The board shall certify a copy of the resolution to the tax | 48627 |
| commissioner not later than the eighty-fifth day before the date | 48628 |
| of the election at which the board intends to propose the | 48629 |
| replacement to the electors of the school district. Not later than | 48630 |
| the tenth day after receiving the resolution, the tax commissioner | 48631 |
| shall estimate the tax rate that would be required in the school | 48632 |
| district annually to raise the amount of money specified in the | 48633 |
| resolution. The tax commissioner shall certify the estimate to the | 48634 |
| board. | 48635 |
| Upon receipt of the tax commissioner's estimate, the board | 48636 |
| may propose, by a resolution adopted by a majority of its members, | 48637 |
| to replace the existing tax on the school district income of | 48638 |
| individuals and estates as defined in divisions (G) and (E)(1)(a) | 48639 |
| and (2) of section 5748.01 of the Revised Code with the levy of an | 48640 |
| annual tax on the school district income of individuals as defined | 48641 |
| in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the | 48642 |
| Revised Code. In the resolution, the board shall specify the rate | 48643 |
| of the replacement tax, whether the replacement tax is to be | 48644 |
| levied for a specified number of years or for a continuing time, | 48645 |
| the specific school district purposes for which the replacement | 48646 |
| tax is to be levied, the date on which the replacement tax will | 48647 |
| begin to be levied, the date of the election at which the question | 48648 |
| of the replacement is to be submitted to the electors of the | 48649 |
| school district, that the existing tax will cease to be levied and | 48650 |
| the replacement tax will begin to be levied if the replacement is | 48651 |
| approved by a majority of the electors voting on the replacement, | 48652 |
| and that if the replacement is not approved by a majority of the | 48653 |
| electors voting on the replacement the existing tax will remain in | 48654 |
| effect under its original authority for the remainder of its | 48655 |
| previously approved term. The resolution goes into immediate | 48656 |
| effect upon its adoption. Publication of the resolution is not | 48657 |
| necessary, and the information that will be provided in the notice | 48658 |
| of election is sufficient notice. At least seventy-five days | 48659 |
| before the date of the election at which the question of the | 48660 |
| replacement will be submitted to the electors of the school | 48661 |
| district, the board shall certify a copy of the resolution to the | 48662 |
| board of elections. | 48663 |
| The replacement tax shall have the same specific school | 48664 |
| district purposes as the existing tax, and its rate shall be the | 48665 |
| same as the tax commissioner's estimate rounded to the nearest | 48666 |
| 48667 | |
| begin to be levied on the first day of January of the year | 48668 |
| following the year in which the question of the replacement is | 48669 |
| submitted to and approved by the electors of the school district | 48670 |
| or on the first day of January of a later year, as specified in | 48671 |
| the resolution. The date of the election shall be the date of an | 48672 |
| otherwise scheduled primary, general, or special election. | 48673 |
| The board of elections shall make arrangements to submit the | 48674 |
| question of the replacement to the electors of the school district | 48675 |
| on the date specified in the resolution. The board of elections | 48676 |
| shall publish notice of the election on the question of the | 48677 |
| replacement in one or more newspapers of general circulation in | 48678 |
| the school district once a week for four consecutive weeks. The | 48679 |
| notice shall set forth the question to be submitted to the | 48680 |
| electors and the time and place of the election thereon. | 48681 |
| The question shall be submitted to the electors of the school | 48682 |
| district as a separate proposition, but may be printed on the same | 48683 |
| ballot with other propositions that are submitted at the same | 48684 |
| election, other than the election of officers. The form of the | 48685 |
| ballot shall be substantially as follows: | 48686 |
| "Shall the existing tax of ..... (state the rate) on the | 48687 |
| school district income of individuals and estates imposed by ..... | 48688 |
| (state the name of the school district) be replaced by a tax of | 48689 |
| ..... (state the rate) on the earned income of individuals | 48690 |
| residing in the school district for ..... (state the number of | 48691 |
| years the tax is to be in effect or that it will be in effect for | 48692 |
| a continuing time), beginning ..... (state the date the new tax | 48693 |
| will take effect), for the purpose of ..... (state the specific | 48694 |
| school district purposes of the tax)? If the new tax is not | 48695 |
| approved, the existing tax will remain in effect under its | 48696 |
| original authority, for the remainder of its previously approved | 48697 |
| term. | 48698 |
| For replacing the existing tax with the new tax | 48699 | ||||
| Against replacing the existing tax with the new tax | " | 48700 |
| The board of elections shall conduct and canvass the election | 48701 |
| in the same manner as regular elections in the school district for | 48702 |
| the election of county officers. The board shall certify the | 48703 |
| results of the election to the board of education and to the tax | 48704 |
| commissioner. If a majority of the electors voting on the question | 48705 |
| vote in favor of the replacement, the existing tax shall cease to | 48706 |
| be levied, and the replacement tax shall begin to be levied, on | 48707 |
| the date specified in the ballot question. If a majority of the | 48708 |
| electors voting on the question vote against the replacement, the | 48709 |
| existing tax shall continue to be levied under its original | 48710 |
| authority, for the remainder of its previously approved term. | 48711 |
| A board of education may not submit the question of replacing | 48712 |
| a tax more than twice in a calendar year. If a board submits the | 48713 |
| question more than once, one of the elections at which the | 48714 |
| question is submitted shall be on the date of a general election. | 48715 |
| If a board of education later intends to renew a replacement | 48716 |
| tax levied under this section, it shall repeat the procedure | 48717 |
| outlined in this section to do so, the replacement tax then being | 48718 |
| levied being the "existing tax" and the renewed replacement tax | 48719 |
| being the "replacement tax." | 48720 |
| Sec. 5748.022. A majority of the members of a board of | 48721 |
| education of a school district levying a tax under section 5748.02 | 48722 |
| of the Revised Code may adopt a resolution reducing the rate of | 48723 |
| the tax by a multiple of one-tenth of one per cent. | 48724 |
| The resolution shall set forth the current rate of the tax, | 48725 |
| the reduced rate of tax that results from adoption of the | 48726 |
| resolution, the purpose or purposes for which the tax is levied, | 48727 |
| the remaining number of years the tax will be levied or that it is | 48728 |
| levied for a continuing period of time, and the date on which the | 48729 |
| reduced tax rate shall take effect, which shall be the ensuing | 48730 |
| first day of January occurring at least sixty days after a copy of | 48731 |
| the resolution is certified to the tax commissioner. | 48732 |
| Sec. 5748.04. (A) The question of the repeal of a school | 48733 |
| district income tax levied for more than five years may be | 48734 |
| initiated not more than once in any five-year period by filing | 48735 |
| with the board of elections of the appropriate counties not later | 48736 |
| than seventy-five days before the general election in any year | 48737 |
| after the year in which it is approved by the electors a petition | 48738 |
| requesting that an election be held on the question. The petition | 48739 |
| shall be signed by qualified electors residing in the school | 48740 |
| district levying the income tax equal in number to ten per cent of | 48741 |
| those voting for governor at the most recent gubernatorial | 48742 |
| election. | 48743 |
| The board of elections shall determine whether the petition | 48744 |
| is valid, and if it so determines, it shall submit the question to | 48745 |
| the electors of the district at the next general election. The | 48746 |
| election shall be conducted, canvassed, and certified in the same | 48747 |
| manner as regular elections for county offices in the county. | 48748 |
| Notice of the election shall be published in a newspaper of | 48749 |
| general circulation in the district once a week for two | 48750 |
| consecutive weeks prior to the election, and, if the board of | 48751 |
| elections operates and maintains a web site, the board of | 48752 |
| elections shall post notice of the election on its web site for | 48753 |
| thirty days prior to the election. The notice shall state the | 48754 |
| purpose, time, and place of the election. The form of the ballot | 48755 |
| cast at the election shall be as follows: | 48756 |
| "Shall the annual income tax of ..... per cent, currently | 48757 |
| levied on the school district income of individuals and estates by | 48758 |
| .......... (state the name of the school district) for the purpose | 48759 |
| of .......... (state purpose of the tax), be repealed? | 48760 |
| 48761 |
| For repeal of the income tax | 48762 | ||||
| Against repeal of the income tax | " | 48763 |
| 48764 |
| (B)(1) If the tax is imposed on taxable income as defined in | 48765 |
| division (E)(1)(b) of section 5748.01 of the Revised Code, the | 48766 |
| form of the ballot shall be modified by stating that the tax | 48767 |
| currently is levied on the "earned income of individuals residing | 48768 |
| in the school district" in lieu of the "school district income of | 48769 |
| individuals and estates." | 48770 |
| (2) If the rate of one or more property tax levies was | 48771 |
| reduced for the duration of the income tax levy pursuant to | 48772 |
| division (B)(2) of section 5748.02 of the Revised Code, the form | 48773 |
| of the ballot shall be modified by adding the following language | 48774 |
| immediately after "repealed": ", and shall the rate of an existing | 48775 |
| tax on property for the purpose of current expenses, which rate | 48776 |
| was reduced for the duration of the income tax, be INCREASED from | 48777 |
| ..... mills to ..... mills per one dollar of valuation beginning | 48778 |
| in ..... (state the first year for which the rate of the property | 48779 |
| tax will increase)." In lieu of "for repeal of the income tax" and | 48780 |
| "against repeal of the income tax," the phrases "for the issue" | 48781 |
| and "against the issue," respectively, shall be substituted. | 48782 |
| (3) If the rate of more than one property tax was reduced for | 48783 |
| the duration of the income tax, the ballot language shall be | 48784 |
| modified accordingly to express the rates at which those taxes | 48785 |
| currently are levied and the rates to which the taxes would be | 48786 |
| increased. | 48787 |
| (C) The question covered by the petition shall be submitted | 48788 |
| as a separate proposition, but it may be printed on the same | 48789 |
| ballot with any other proposition submitted at the same election | 48790 |
| other than the election of officers. If a majority of the | 48791 |
| qualified electors voting on the question vote in favor of it, the | 48792 |
| result shall be certified immediately after the canvass by the | 48793 |
| board of elections to the board of education of the school | 48794 |
| district and the tax commissioner, who shall thereupon, after the | 48795 |
| current year, cease to levy the tax, except that if notes have | 48796 |
| been issued pursuant to section 5748.05 of the Revised Code the | 48797 |
| tax commissioner shall continue to levy and collect under | 48798 |
| authority of the election authorizing the levy an annual amount, | 48799 |
| rounded
upward
to the nearest | 48800 |
| cent, as will be sufficient to pay the debt charges on the notes | 48801 |
| as they fall due. | 48802 |
| (D) If a school district income tax repealed pursuant to this | 48803 |
| section was approved in conjunction with a reduction in the rate | 48804 |
| of one or more school district property taxes as provided in | 48805 |
| division (B)(2) of section 5748.02 of the Revised Code, then each | 48806 |
| such property tax may be levied after the current year at the rate | 48807 |
| at which it could be levied prior to the reduction, subject to any | 48808 |
| adjustments required by the county budget commission pursuant to | 48809 |
| Chapter 5705. of the Revised Code. Upon the repeal of a school | 48810 |
| district income tax under this section, the board of education may | 48811 |
| resume levying a property tax, the rate of which has been reduced | 48812 |
| pursuant to a question approved under section 5748.02 of the | 48813 |
| Revised Code, at the rate the board originally was authorized to | 48814 |
| levy the tax. A reduction in the rate of a property tax under | 48815 |
| section 5748.02 of the Revised Code is a reduction in the rate at | 48816 |
| which a board of education may levy that tax only for the period | 48817 |
| during which a school district income tax is levied prior to any | 48818 |
| repeal pursuant to this section. The resumption of the authority | 48819 |
| to levy the tax upon such a repeal does not constitute a tax | 48820 |
| levied in excess of the one per cent limitation prescribed by | 48821 |
| Section 2 of Article XII, Ohio Constitution, or in excess of the | 48822 |
| ten-mill limitation. | 48823 |
| (E) This section does not apply to school district income tax | 48824 |
| levies that are levied for five or fewer years. | 48825 |
| Sec. 5748.08. (A) The board of education of a city, local, | 48826 |
| or exempted village school district, at any time by a vote of | 48827 |
| two-thirds of all its members, may declare by resolution that it | 48828 |
| may be necessary for the school district to do all of the | 48829 |
| following: | 48830 |
| (1) Raise a specified amount of money for school district | 48831 |
| purposes by levying an annual tax on school district income; | 48832 |
| (2) Issue general obligation bonds for permanent | 48833 |
| improvements, stating in the resolution the necessity and purpose | 48834 |
| of the bond issue and the amount, approximate date, estimated rate | 48835 |
| of interest, and maximum number of years over which the principal | 48836 |
| of the bonds may be paid; | 48837 |
| (3) Levy a tax outside the ten-mill limitation to pay debt | 48838 |
| charges on the bonds and any anticipatory securities; | 48839 |
| (4) Submit the question of the school district income tax and | 48840 |
| bond issue to the electors of the district at a special election. | 48841 |
| The resolution shall specify whether the income that is to be | 48842 |
| subject to the tax is taxable income of individuals and estates as | 48843 |
| defined in divisions (E)(1)(a) and (2) of section 5748.01 of the | 48844 |
| Revised Code or taxable income of individuals as defined in | 48845 |
| division (E)(1)(b) of that section. | 48846 |
| On adoption of the resolution, the board shall certify a copy | 48847 |
| of it to the tax commissioner and the county auditor no later than | 48848 |
| ninety days prior to the date of the special election at which the | 48849 |
| board intends to propose the income tax and bond issue. Not later | 48850 |
| than ten days of receipt of the resolution, the tax commissioner, | 48851 |
| in the same manner as required by division (A) of section 5748.02 | 48852 |
| of the Revised Code, shall estimate the rates designated in | 48853 |
| divisions (A)(1) and (2) of that section and certify them to the | 48854 |
| board. Not later than ten days of receipt of the resolution, the | 48855 |
| county auditor shall estimate and certify to the board the average | 48856 |
| annual property tax rate required throughout the stated maturity | 48857 |
| of the bonds to pay debt charges on the bonds, in the same manner | 48858 |
| as under division (C) of section 133.18 of the Revised Code. | 48859 |
| (B) On receipt of the tax commissioner's and county auditor's | 48860 |
| certifications prepared under division (A) of this section, the | 48861 |
| board of education of the city, local, or exempted village school | 48862 |
| district, by a vote of two-thirds of all its members, may adopt a | 48863 |
| resolution proposing for a specified number of years or for a | 48864 |
| continuing period of time the levy of an annual tax for school | 48865 |
| district purposes on school district income and declaring that the | 48866 |
| amount of taxes that can be raised within the ten-mill limitation | 48867 |
| will be insufficient to provide an adequate amount for the present | 48868 |
| and future requirements of the school district; that it is | 48869 |
| necessary to issue general obligation bonds of the school district | 48870 |
| for specified permanent improvements and to levy an additional tax | 48871 |
| in excess of the ten-mill limitation to pay the debt charges on | 48872 |
| the bonds and any anticipatory securities; and that the question | 48873 |
| of the bonds and taxes shall be submitted to the electors of the | 48874 |
| school district at a special election, which shall not be earlier | 48875 |
| than seventy-five days after certification of the resolution to | 48876 |
| the board of elections, and the date of which shall be consistent | 48877 |
| with section 3501.01 of the Revised Code. The resolution shall | 48878 |
| specify all of the following: | 48879 |
| (1) The purpose for which the school district income tax is | 48880 |
| to be imposed and the rate of the tax, which shall be the rate set | 48881 |
| forth in the tax commissioner's certification rounded to the | 48882 |
|
nearest | 48883 |
| (2) Whether the income that is to be subject to the tax is | 48884 |
| taxable income of individuals and estates as defined in divisions | 48885 |
| (E)(1)(a) and (2) of section 5748.01 of the Revised Code or | 48886 |
| taxable income of individuals as defined in division (E)(1)(b) of | 48887 |
| that section. The specification shall be the same as the | 48888 |
| specification in the resolution adopted and certified under | 48889 |
| division (A) of this section. | 48890 |
| (3) The number of years the tax will be levied, or that it | 48891 |
| will be levied for a continuing period of time; | 48892 |
| (4) The date on which the tax shall take effect, which shall | 48893 |
| be the first day of January of any year following the year in | 48894 |
| which the question is submitted; | 48895 |
| (5) The county auditor's estimate of the average annual | 48896 |
| property tax rate required throughout the stated maturity of the | 48897 |
| bonds to pay debt charges on the bonds. | 48898 |
| (C) A resolution adopted under division (B) of this section | 48899 |
| shall go into immediate effect upon its passage, and no | 48900 |
| publication of the resolution shall be necessary other than that | 48901 |
| provided for in the notice of election. Immediately after its | 48902 |
| adoption and at least seventy-five days prior to the election at | 48903 |
| which the question will appear on the ballot, the board of | 48904 |
| education shall certify a copy of the resolution, along with | 48905 |
| copies of the auditor's estimate and its resolution under division | 48906 |
| (A) of this section, to the board of elections of the proper | 48907 |
| county. The board of education shall make the arrangements for the | 48908 |
| submission of the question to the electors of the school district, | 48909 |
| and the election shall be conducted, canvassed, and certified in | 48910 |
| the same manner as regular elections in the district for the | 48911 |
| election of county officers. | 48912 |
| The resolution shall be put before the electors as one ballot | 48913 |
| question, with a majority vote indicating approval of the school | 48914 |
| district income tax, the bond issue, and the levy to pay debt | 48915 |
| charges on the bonds and any anticipatory securities. The board of | 48916 |
| elections shall publish the notice of the election in one or more | 48917 |
| newspapers of general circulation in the school district once a | 48918 |
| week for two consecutive weeks prior to the election and, if the | 48919 |
| board of elections operates and maintains a web site, also shall | 48920 |
| post notice of the election on its web site for thirty days prior | 48921 |
| to the election. The notice of election shall state all of the | 48922 |
| following: | 48923 |
| (1) The questions to be submitted to the electors; | 48924 |
| (2) The rate of the school district income tax; | 48925 |
| (3) The principal amount of the proposed bond issue; | 48926 |
| (4) The permanent improvements for which the bonds are to be | 48927 |
| issued; | 48928 |
| (5) The maximum number of years over which the principal of | 48929 |
| the bonds may be paid; | 48930 |
| (6) The estimated additional average annual property tax rate | 48931 |
| to pay the debt charges on the bonds, as certified by the county | 48932 |
| auditor; | 48933 |
| (7) The time and place of the special election. | 48934 |
| (D) The form of the ballot on a question submitted to the | 48935 |
| electors under this section shall be as follows: | 48936 |
| "Shall the ........ school district be authorized to do both | 48937 |
| of the following: | 48938 |
| (1) Impose an annual income tax of ...... (state the proposed | 48939 |
| rate of tax) on the school district income of individuals and of | 48940 |
| estates, for ........ (state the number of years the tax would be | 48941 |
| levied, or that it would be levied for a continuing period of | 48942 |
| time), beginning ........ (state the date the tax would first take | 48943 |
| effect), for the purpose of ........ (state the purpose of the | 48944 |
| tax)? | 48945 |
| (2) Issue bonds for the purpose of ....... in the principal | 48946 |
| amount of $......, to be repaid annually over a maximum period of | 48947 |
| ....... years, and levy a property tax outside the ten-mill | 48948 |
| limitation estimated by the county auditor to average over the | 48949 |
| bond repayment period ....... mills for each one dollar of tax | 48950 |
| valuation, which amounts to ....... (rate expressed in cents or | 48951 |
| dollars and cents, such as "36 cents" or "$1.41") for each $100 of | 48952 |
| tax valuation, to pay the annual debt charges on the bonds, and to | 48953 |
| pay debt charges on any notes issued in anticipation of those | 48954 |
| bonds? | 48955 |
| 48956 |
| FOR THE INCOME TAX AND BOND ISSUE | 48957 | ||||
| AGAINST THE INCOME TAX AND BOND ISSUE | " | 48958 |
| 48959 |
| (E) If the question submitted to electors proposes a school | 48960 |
| district income tax only on the taxable income of individuals as | 48961 |
| defined in division (E)(1)(b) of section 5748.01 of the Revised | 48962 |
| Code, the form of the ballot shall be modified by stating that the | 48963 |
| tax is to be levied on the "earned income of individuals residing | 48964 |
| in the school district" in lieu of the "school district income of | 48965 |
| individuals and of estates." | 48966 |
| (F) The board of elections promptly shall certify the results | 48967 |
| of the election to the tax commissioner and the county auditor of | 48968 |
| the county in which the school district is located. If a majority | 48969 |
| of the electors voting on the question vote in favor of it, the | 48970 |
| income tax and the applicable provisions of Chapter 5747. of the | 48971 |
| Revised Code shall take effect on the date specified in the | 48972 |
| resolution, and the board of education may proceed with issuance | 48973 |
| of the bonds and with the levy and collection of the property | 48974 |
| taxes to pay debt charges on the bonds, at the additional rate or | 48975 |
| any lesser rate in excess of the ten-mill limitation. Any | 48976 |
| securities issued by the board of education under this section are | 48977 |
| Chapter 133. securities, as that term is defined in section 133.01 | 48978 |
| of the Revised Code. | 48979 |
| (G) After approval of a question under this section, the | 48980 |
| board of education may anticipate a fraction of the proceeds of | 48981 |
| the school district income tax in accordance with section 5748.05 | 48982 |
| of the Revised Code. Any anticipation notes under this division | 48983 |
| shall be issued as provided in section 133.24 of the Revised Code, | 48984 |
| shall have principal payments during each year after the year of | 48985 |
| their issuance over a period not to exceed five years, and may | 48986 |
| have a principal payment in the year of their issuance. | 48987 |
| (H) The question of repeal of a school district income tax | 48988 |
| levied for more than five years may be initiated and submitted in | 48989 |
| accordance with section 5748.04 of the Revised Code. | 48990 |
| (I) No board of education shall submit a question under this | 48991 |
| section to the electors of the school district more than twice in | 48992 |
| any calendar year. If a board submits the question twice in any | 48993 |
| calendar year, one of the elections on the question shall be held | 48994 |
| on the date of the general election. | 48995 |
| Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of | 48996 |
| the Revised Code: | 48997 |
| (1) "School district," "joint vocational school district," | 48998 |
| "local taxing unit," | 48999 |
| valuation," "fixed-rate levy," and "fixed-sum levy" have the same | 49000 |
| meanings as used in section 5727.84 of the Revised Code. | 49001 |
| (2) "State education aid" for a school district means the sum | 49002 |
| of state aid amounts computed for the district under divisions | 49003 |
| (A), (C)(1), (C)(4), (D), (E), and (F) of section 3317.022; | 49004 |
| divisions (B), (C), and (D) of section 3317.023; divisions (L) and | 49005 |
| (N) of section 3317.024; section 3317.0216; and any unit payments | 49006 |
| for gifted student services paid under sections 3317.05, 3317.052, | 49007 |
| and 3317.053 of the Revised Code; except that, for fiscal years | 49008 |
| 2008 and 2009, the amount computed for the district under Section | 49009 |
| 269.20.80 of H.B. 119 of the 127th general assembly and as that | 49010 |
| section subsequently may be amended shall be substituted for the | 49011 |
| amount computed under division (D) of section 3317.022 of the | 49012 |
| Revised Code, and the amount computed under Section 269.30.80 of | 49013 |
| H.B. 119 of the 127th general assembly and as that section | 49014 |
| subsequently may be amended shall be included. | 49015 |
| (3) "State education aid" for a joint vocational school | 49016 |
| district means the sum of the state aid computed for the district | 49017 |
| under division (N) of section 3317.024 and section 3317.16 of the | 49018 |
| Revised Code, except that, for fiscal years 2008 and 2009, the | 49019 |
| amount computed under Section 269.30.80 of H.B. 119 of the 127th | 49020 |
| general assembly and as that section subsequently may be amended | 49021 |
| shall be included. | 49022 |
| (4) "State education aid offset" means the amount determined | 49023 |
| for each school district or joint vocational school district under | 49024 |
| division (A)(1) of section 5751.21 of the Revised Code. | 49025 |
| | 49026 |
| means the amount determined under division (C)(1) of this section. | 49027 |
| | 49028 |
| determined under division (C)(2) of this section. | 49029 |
| | 49030 |
| the amount determined under division (C)(3) of this section. | 49031 |
| | 49032 |
| the amount determined under division (D)(1) of this section. | 49033 |
| | 49034 |
| determined under division (D)(2) of this section. | 49035 |
| | 49036 |
| the amount determined under division (D)(3) of this section. | 49037 |
| | 49038 |
| machinery and equipment fixed-rate levy loss, the inventory | 49039 |
| fixed-rate levy loss, the furniture and fixtures fixed-rate levy | 49040 |
| loss, and the telephone company fixed-rate levy loss. | 49041 |
| | 49042 |
| under division (E) of this section. | 49043 |
| | 49044 |
| subject to the assessment rate specified in division (F) of | 49045 |
| section 5711.22 of the Revised Code. | 49046 |
| | 49047 |
| assessment rate specified in division (E) of section 5711.22 of | 49048 |
| the Revised Code. | 49049 |
| | 49050 |
| subject to the assessment rate specified in division (G) of | 49051 |
| section 5711.22 of the Revised Code. | 49052 |
| | 49053 |
| year 2004 or applicable to tax year 2005 or approved at an | 49054 |
| election conducted before September 1, 2005. For the purpose of | 49055 |
| determining the rate of a qualifying levy authorized by section | 49056 |
| 5705.212 or 5705.213 of the Revised Code, the rate shall be the | 49057 |
| rate that would be in effect for tax year 2010. | 49058 |
| | 49059 |
| property of a telephone, telegraph, or interexchange | 49060 |
| telecommunications company subject to an assessment rate specified | 49061 |
| in section 5727.111 of the Revised Code in tax year 2004. | 49062 |
| | 49063 |
| determined under division (C)(4) of this section. | 49064 |
| | 49065 |
| amount determined under division (D)(4) of this section. | 49066 |
| (B) The commercial activities tax receipts fund is hereby | 49067 |
| created in the state treasury and shall consist of money arising | 49068 |
| from the tax imposed under this chapter. All money in that fund | 49069 |
| shall be credited for each fiscal year in the following | 49070 |
| percentages to the general revenue fund, to the school district | 49071 |
| tangible property tax replacement fund, which is hereby created in | 49072 |
| the state treasury for the purpose of making the payments | 49073 |
| described in section 5751.21 of the Revised Code, and to the local | 49074 |
| government tangible property tax replacement fund, which is hereby | 49075 |
| created in the state treasury for the purpose of making the | 49076 |
| payments described in section 5751.22 of the Revised Code, in the | 49077 |
| following percentages: | 49078 |
| Fiscal year | General Revenue Fund | School District Tangible Property Tax Replacement Fund | Local Government Tangible Property Tax Replacement Fund | 49079 | |
| 2006 | 67.7% | 22.6% | 9.7% | 49080 | |
| 2007 | 0% | 70.0% | 30.0% | 49081 | |
| 2008 | 0% | 70.0% | 30.0% | 49082 | |
| 2009 | 0% | 70.0% | 30.0% | 49083 | |
| 2010 | 0% | 70.0% | 30.0% | 49084 | |
| 2011 | 0% | 70.0% | 30.0% | 49085 | |
| 2012 | 5.3% | 70.0% | 24.7% | 49086 | |
| 2013 | 19.4% | 70.0% | 10.6% | 49087 | |
| 2014 | 14.1% | 70.0% | 15.9% | 49088 | |
| 2015 | 17.6% | 70.0% | 12.4% | 49089 | |
| 2016 | 21.1% | 70.0% | 8.9% | 49090 | |
| 2017 | 24.6% | 70.0% | 5.4% | 49091 | |
| 2018 | 28.1% | 70.0% | 1.9% | 49092 | |
| 2019 and thereafter | 100% | 0% | 0% | 49093 |
| (C) Not later than September 15, 2005, the tax commissioner | 49094 |
| shall determine for each school district, joint vocational school | 49095 |
| district, and local taxing unit its machinery and equipment, | 49096 |
| inventory property, furniture and fixtures property, and telephone | 49097 |
| property tax value losses, which are the applicable amounts | 49098 |
| described in divisions (C)(1), (2), (3), and (4) of this section, | 49099 |
| except as provided in division (C)(5) of this section: | 49100 |
| (1) Machinery and equipment property tax value loss is the | 49101 |
| taxable value of machinery and equipment property as reported by | 49102 |
| taxpayers for tax year 2004 multiplied by: | 49103 |
| (a) For tax year 2006, thirty-three and eight-tenths per | 49104 |
| cent; | 49105 |
| (b) For tax year 2007, sixty-one and three-tenths per cent; | 49106 |
| (c) For tax year 2008, eighty-three per cent; | 49107 |
| (d) For tax year 2009 and thereafter, one hundred per cent. | 49108 |
| (2) Inventory property tax value loss is the taxable value of | 49109 |
| inventory property as reported by taxpayers for tax year 2004 | 49110 |
| multiplied by: | 49111 |
| (a) For tax year 2006, a fraction, the numerator of which is | 49112 |
| five and three-fourths and the denominator of which is | 49113 |
| twenty-three; | 49114 |
| (b) For tax year 2007, a fraction, the numerator of which is | 49115 |
| nine and one-half and the denominator of which is twenty-three; | 49116 |
| (c) For tax year 2008, a fraction, the numerator of which is | 49117 |
| thirteen and one-fourth and the denominator of which is | 49118 |
| twenty-three; | 49119 |
| (d) For tax year 2009 and thereafter a fraction, the | 49120 |
| numerator of which is seventeen and the denominator of which is | 49121 |
| twenty-three. | 49122 |
| (3) Furniture and fixtures property tax value loss is the | 49123 |
| taxable value of furniture and fixture property as reported by | 49124 |
| taxpayers for tax year 2004 multiplied by: | 49125 |
| (a) For tax year 2006, twenty-five per cent; | 49126 |
| (b) For tax year 2007, fifty per cent; | 49127 |
| (c) For tax year 2008, seventy-five per cent; | 49128 |
| (d) For tax year 2009 and thereafter, one hundred per cent. | 49129 |
| The taxable value of property reported by taxpayers used in | 49130 |
| divisions (C)(1), (2), and (3) of this section shall be such | 49131 |
| values as determined to be final by the tax commissioner as of | 49132 |
| August 31, 2005. Such determinations shall be final except for any | 49133 |
| correction of a clerical error that was made prior to August 31, | 49134 |
| 2005, by the tax commissioner. | 49135 |
| (4) Telephone property tax value loss is the taxable value of | 49136 |
| telephone property as taxpayers would have reported that property | 49137 |
| for tax year 2004 if the assessment rate for all telephone | 49138 |
| property for that year were twenty-five per cent, multiplied by: | 49139 |
| (a) For tax year 2006, zero per cent; | 49140 |
| (b) For tax year 2007, zero per cent; | 49141 |
| (c) For tax year 2008, zero per cent; | 49142 |
| (d) For tax year 2009, sixty per cent; | 49143 |
| (e) For tax year 2010, eighty per cent; | 49144 |
| (f) For tax year 2011 and thereafter, one hundred per cent. | 49145 |
| (5) Division (C)(5) of this section applies to any school | 49146 |
| district, joint vocational school district, or local taxing unit | 49147 |
| in a county in which is located a facility currently or formerly | 49148 |
| devoted to the enrichment or commercialization of uranium or | 49149 |
| uranium products, and for which the total taxable value of | 49150 |
| property listed on the general tax list of personal property for | 49151 |
| any tax year from tax year 2001 to tax year 2004 was fifty per | 49152 |
| cent or less of the taxable value of such property listed on the | 49153 |
| general tax list of personal property for the next preceding tax | 49154 |
| year. | 49155 |
| In computing the fixed-rate levy losses under divisions | 49156 |
| (D)(1), (2), and (3) of this section for any school district, | 49157 |
| joint vocational school district, or local taxing unit to which | 49158 |
| division (C)(5) of this section applies, the taxable value of such | 49159 |
| property as listed on the general tax list of personal property | 49160 |
| for tax year 2000 shall be substituted for the taxable value of | 49161 |
| such property as reported by taxpayers for tax year 2004, in the | 49162 |
| taxing district containing the uranium facility, if the taxable | 49163 |
| value listed for tax year 2000 is greater than the taxable value | 49164 |
| reported by taxpayers for tax year 2004. For the purpose of making | 49165 |
| the computations under divisions (D)(1), (2), and (3) of this | 49166 |
| section, the tax year 2000 valuation is to be allocated to | 49167 |
| machinery and equipment, inventory, and furniture and fixtures | 49168 |
| property in the same proportions as the tax year 2004 values. For | 49169 |
| the purpose of the calculations in division (A) of section 5751.21 | 49170 |
| of the Revised Code, the tax year 2004 taxable values shall be | 49171 |
| used. | 49172 |
| To facilitate the calculations required under division (C) of | 49173 |
| this section, the county auditor, upon request from the tax | 49174 |
| commissioner, shall provide by August 1, 2005, the values of | 49175 |
| machinery and equipment, inventory, and furniture and fixtures for | 49176 |
| all single-county personal property taxpayers for tax year 2004. | 49177 |
| (D) Not later than September 15, 2005, the tax commissioner | 49178 |
| shall determine for each tax year from 2006 through 2009 for each | 49179 |
| school district, joint vocational school district, and local | 49180 |
| taxing unit its machinery and equipment, inventory, and furniture | 49181 |
| and fixtures fixed-rate levy losses, and for each tax year from | 49182 |
| 2006 through 2011 its telephone property fixed-rate levy loss, | 49183 |
| which are the applicable amounts described in divisions (D)(1), | 49184 |
| (2), (3), and (4) of this section: | 49185 |
| (1) The machinery and equipment fixed-rate levy loss is the | 49186 |
| machinery and equipment property tax value loss multiplied by the | 49187 |
| sum of the tax rates of fixed-rate qualifying levies. | 49188 |
| (2) The inventory fixed-rate loss is the inventory property | 49189 |
| tax value loss multiplied by the sum of the tax rates of | 49190 |
| fixed-rate qualifying levies. | 49191 |
| (3) The furniture and fixtures fixed-rate levy loss is the | 49192 |
| furniture and fixture property tax value loss multiplied by the | 49193 |
| sum of the tax rates of fixed-rate qualifying levies. | 49194 |
| (4) The telephone property fixed-rate levy loss is the | 49195 |
| telephone property tax value loss multiplied by the sum of the tax | 49196 |
| rates of fixed-rate qualifying levies. | 49197 |
| (E) Not later than September 15, 2005, the tax commissioner | 49198 |
| shall determine for each school district, joint vocational school | 49199 |
| district, and local taxing unit its fixed-sum levy loss. The | 49200 |
| fixed-sum levy loss is the amount obtained by subtracting the | 49201 |
| amount described in division (E)(2) of this section from the | 49202 |
| amount described in division (E)(1) of this section: | 49203 |
| (1) The sum of the machinery and equipment property tax value | 49204 |
| loss, the inventory property tax value loss, and the furniture and | 49205 |
| fixtures property tax value loss, and, for 2008 through 2017 the | 49206 |
| telephone property tax value loss of the district or unit | 49207 |
| multiplied by the sum of the fixed-sum tax rates of qualifying | 49208 |
| levies. For 2006 through 2010, this computation shall include all | 49209 |
| qualifying levies remaining in effect for the current tax year and | 49210 |
| any school district emergency levies that are qualifying levies | 49211 |
| not remaining in effect for the current year. For 2011 through | 49212 |
| 2017, this computation shall include only qualifying levies | 49213 |
| remaining in effect for the current year. For purposes of this | 49214 |
| computation, a qualifying school district emergency levy remains | 49215 |
| in effect in a year after 2010 only if, for that year, the board | 49216 |
| of education levies a school district emergency levy for an annual | 49217 |
| sum at least equal to the annual sum levied by the board in tax | 49218 |
| year 2004 less the amount of the payment certified under this | 49219 |
| division for 2006. | 49220 |
| (2) The total taxable value in tax year 2004 less the sum of | 49221 |
| the machinery and equipment, inventory, furniture and fixtures, | 49222 |
| and telephone property tax value losses in each school district, | 49223 |
| joint vocational school district, and local taxing unit multiplied | 49224 |
| by one-half of one mill per dollar. | 49225 |
| (3) For the calculations in divisions (E)(1) and (2) of this | 49226 |
| section, the tax value losses are those that would be calculated | 49227 |
| for tax year 2009 under divisions (C)(1), (2), and (3) of this | 49228 |
| section and for tax year 2011 under division (C)(4) of this | 49229 |
| section. | 49230 |
| (4) To facilitate the calculation under divisions (D) and (E) | 49231 |
| of this section, not later than September 1, 2005, any school | 49232 |
| district, joint vocational school district, or local taxing unit | 49233 |
| that has a qualifying levy that was approved at an election | 49234 |
| conducted during 2005 before September 1, 2005, shall certify to | 49235 |
| the tax commissioner a copy of the county auditor's certificate of | 49236 |
| estimated property tax millage for such levy as required under | 49237 |
| division (B) of section 5705.03 of the Revised Code, which is the | 49238 |
| rate that shall be used in the calculations under such divisions. | 49239 |
| If the amount determined under division (E) of this section | 49240 |
| for any school district, joint vocational school district, or | 49241 |
| local taxing unit is greater than zero, that amount shall equal | 49242 |
| the reimbursement to be paid pursuant to division (D) of section | 49243 |
| 5751.21 or division (A)(3) of section 5751.22 of the Revised Code, | 49244 |
| and the one-half of one mill that is subtracted under division | 49245 |
| (E)(2) of this section shall be apportioned among all contributing | 49246 |
| fixed-sum levies in the proportion that each levy bears to the sum | 49247 |
| of all fixed-sum levies within each school district, joint | 49248 |
| vocational school district, or local taxing unit. | 49249 |
| (F) Not later than October 1, 2005, the tax commissioner | 49250 |
| shall certify to the department of education for every school | 49251 |
| district and joint vocational school district the machinery and | 49252 |
| equipment, inventory, furniture and fixtures, and telephone | 49253 |
| property tax value losses determined under division (C) of this | 49254 |
| section, the machinery and equipment, inventory, furniture and | 49255 |
| fixtures, and telephone fixed-rate levy losses determined under | 49256 |
| division (D) of this section, and the fixed-sum levy losses | 49257 |
| calculated under division (E) of this section. The calculations | 49258 |
| under divisions (D) and (E) of this section shall separately | 49259 |
| display the levy loss for each levy eligible for reimbursement. | 49260 |
| (G) Not later than October 1, 2005, the tax commissioner | 49261 |
| shall certify the amount of the fixed-sum levy losses to the | 49262 |
| county auditor of each county in which a school district, joint | 49263 |
| vocational school district, or local taxing unit with a fixed-sum | 49264 |
| levy loss reimbursement has territory. | 49265 |
| Sec. 5751.21. (A) Not later than the | 49266 |
| day of July of 2007 through 2017, the department of education | 49267 |
| shall consult with the director of budget and management and | 49268 |
| determine the following for each school district and each joint | 49269 |
| vocational school district eligible for payment under division (B) | 49270 |
| of this section: | 49271 |
| (1) The state education aid offset, which is the difference | 49272 |
| obtained by subtracting the amount described in division (A)(1)(b) | 49273 |
| of this section from the amount described in division (A)(1)(a) of | 49274 |
| this section: | 49275 |
| (a) The state education aid computed for the school district | 49276 |
| or joint vocational school district for the current fiscal year as | 49277 |
| of the | 49278 |
| (b) The state education aid that would be computed for the | 49279 |
| school district or joint vocational school district for the | 49280 |
| current fiscal year as of the | 49281 |
| if the recognized valuation included the machinery and equipment, | 49282 |
| inventory, furniture and fixtures, and telephone property tax | 49283 |
| value losses for the school district or joint vocational school | 49284 |
| district for the second preceding tax year. | 49285 |
| (2) The greater of zero or the difference obtained by | 49286 |
| subtracting the state education aid offset determined under | 49287 |
| division (A)(1) of this section from the sum of the machinery and | 49288 |
| equipment fixed-rate levy loss, the inventory fixed-rate levy | 49289 |
| loss, furniture and fixtures fixed-rate levy loss, and telephone | 49290 |
| property fixed-rate levy loss certified under division (F) of | 49291 |
| section 5751.20 of the Revised Code for all taxing districts in | 49292 |
| each school district and joint vocational school district for the | 49293 |
| second preceding tax year. | 49294 |
| By the | 49295 |
| the department of education and the director of budget and | 49296 |
| management shall | 49297 |
| under division (A)(1) of this section | 49298 |
| 49299 |
| (B) The department of education shall pay from the school | 49300 |
| district tangible property tax replacement fund to each school | 49301 |
| district and joint vocational school district all of the following | 49302 |
| for fixed-rate levy losses certified under division (F) of section | 49303 |
| 5751.20 of the Revised Code: | 49304 |
| (1) On or before May 31, 2006, one-seventh of the total | 49305 |
| fixed-rate levy loss for tax year 2006; | 49306 |
| (2) On or before August 31, 2006, and October 31, 2006, | 49307 |
| one-half of six-sevenths of the total fixed-rate levy loss for tax | 49308 |
| year 2006; | 49309 |
| (3) On or before May 31, 2007, one-seventh of the total | 49310 |
| fixed-rate levy loss for tax year 2007; | 49311 |
| (4) On or before August 31, 2007, and October 31, 2007, | 49312 |
| forty-three per cent of the amount determined under division | 49313 |
| (A)(2) of this section for fiscal year 2008, but not less than | 49314 |
| zero, plus one-half of six-sevenths of the difference between the | 49315 |
| total fixed-rate levy loss for tax year 2007 and the total | 49316 |
| fixed-rate levy loss for tax year 2006. | 49317 |
| (5) On or before May 31, 2008, fourteen per cent of the | 49318 |
| amount determined under division (A)(2) of this section for fiscal | 49319 |
| year 2008, but not less than zero, plus one-seventh of the | 49320 |
| difference between the total fixed-rate levy loss for tax year | 49321 |
| 2008 and the total fixed-rate levy loss for tax year 2006. | 49322 |
| (6) On or before August 31, 2008, and October 31, 2008, | 49323 |
| forty-three per cent of the amount determined under division | 49324 |
| (A)(2) of this section for fiscal year 2009, but not less than | 49325 |
| zero, plus one-half of six-sevenths of the difference between the | 49326 |
| total fixed-rate levy loss in tax year 2008 and the total | 49327 |
| fixed-rate levy loss in tax year 2007. | 49328 |
| (7) On or before May 31, 2009, fourteen per cent of the | 49329 |
| amount determined under division (A)(2) of this section for fiscal | 49330 |
| year 2009, but not less than zero, plus one-seventh of the | 49331 |
| difference between the total fixed-rate levy loss for tax year | 49332 |
| 2009 and the total fixed-rate levy loss for tax year 2007. | 49333 |
| (8) On or before August 31, 2009, and October 31, 2009, | 49334 |
| forty-three per cent of the amount determined under division | 49335 |
| (A)(2) of this section for fiscal year 2010, but not less than | 49336 |
| zero, plus one-half of six-sevenths of the difference between the | 49337 |
| total fixed-rate levy loss in tax year 2009 and the total | 49338 |
| fixed-rate levy loss in tax year 2008. | 49339 |
| (9) On or before May 31, 2010, fourteen per cent of the | 49340 |
| amount determined under division (A)(2) of this section for fiscal | 49341 |
| year 2010, but not less than zero, plus one-seventh of the | 49342 |
| difference between the total fixed-rate levy loss in tax year 2010 | 49343 |
| and the total fixed-rate levy loss in tax year 2008. | 49344 |
| (10) On or before August 31, 2010, and October 31, 2010, | 49345 |
| one-third of the amount determined under division (A)(2) of this | 49346 |
| section for fiscal year 2011, but not less than zero, plus | 49347 |
| one-half of six-sevenths of the difference between the telephone | 49348 |
| property fixed-rate levy loss for tax year 2010 and the telephone | 49349 |
| property fixed-rate levy loss for tax year 2009. | 49350 |
| (11) On or before May 31, 2011, fourteen per cent of the | 49351 |
| amount determined under division (A)(2) of this section for fiscal | 49352 |
| year 2011, but not less than zero, plus one-seventh of the | 49353 |
| difference between the telephone property fixed-rate levy loss for | 49354 |
| tax year 2011 and the telephone property fixed-rate levy loss for | 49355 |
| tax year 2009. | 49356 |
| (12) On or before August 31, 2011, October 31, 2011, and May | 49357 |
| 31, 2012, the amount determined under division (A)(2) of this | 49358 |
| section multiplied by a fraction, the numerator of which is | 49359 |
| fourteen and the denominator of which is seventeen, but not less | 49360 |
| than zero, multiplied by one-third, plus one-half of six-sevenths | 49361 |
| of the difference between the telephone property fixed-rate levy | 49362 |
| loss for tax year 2011 and the telephone property fixed-rate levy | 49363 |
| loss for tax year 2010. | 49364 |
| (13) On or before May 31, 2012, fourteen per cent of the | 49365 |
| amount determined under division (A)(2) of this section for fiscal | 49366 |
| year 2012, multiplied by a fraction, the numerator of which is | 49367 |
| fourteen and the denominator of which is seventeen, plus | 49368 |
| one-seventh of the difference between the telephone property | 49369 |
| fixed-rate levy loss for tax year 2011 and the telephone property | 49370 |
| fixed-rate levy loss for tax year 2010. | 49371 |
| (14) On or before August 31, 2012, October 31, 2012, and May | 49372 |
| 31, 2013, the amount determined under division (A)(2) of this | 49373 |
| section multiplied by a fraction, the numerator of which is eleven | 49374 |
| and the denominator of which is seventeen, but not less than zero, | 49375 |
| multiplied by one-third. | 49376 |
| (15) On or before August 31, 2013, October 31, 2013, and May | 49377 |
| 31, 2014, the amount determined under division (A)(2) of this | 49378 |
| section multiplied by a fraction, the numerator of which is nine | 49379 |
| and the denominator of which is seventeen, but not less than zero, | 49380 |
| multiplied by one-third. | 49381 |
| (16) On or before August 31, 2014, October 31, 2014, and May | 49382 |
| 31, 2015, the amount determined under division (A)(2) of this | 49383 |
| section multiplied by a fraction, the numerator of which is seven | 49384 |
| and the denominator of which is seventeen, but not less than zero, | 49385 |
| multiplied by one-third. | 49386 |
| (17) On or before August 31, 2015, October 31, 2015, and May | 49387 |
| 31, 2016, the amount determined under division (A)(2) of this | 49388 |
| section multiplied by a fraction, the numerator of which is five | 49389 |
| and the denominator of which is seventeen, but not less than zero, | 49390 |
| multiplied by one-third. | 49391 |
| (18) On or before August 31, 2016, October 31, 2016, and May | 49392 |
| 31, 2017, the amount determined under division (A)(2) of this | 49393 |
| section multiplied by a fraction, the numerator of which is three | 49394 |
| and the denominator of which is seventeen, but not less than zero, | 49395 |
| multiplied by one-third. | 49396 |
| (19) On or before August 31, 2017, October 31, 2017, and May | 49397 |
| 31, 2018, the amount determined under division (A)(2) of this | 49398 |
| section multiplied by a fraction, the numerator of which is one | 49399 |
| and the denominator of which is seventeen, but not less than zero, | 49400 |
| multiplied by one-third. | 49401 |
| (20) After May 31, 2018, no payments shall be made under this | 49402 |
| section. | 49403 |
| The department of education shall report to each school | 49404 |
| district and joint vocational school district the apportionment of | 49405 |
| the payments among the school district's or joint vocational | 49406 |
| school district's funds based on the certifications under division | 49407 |
| (F) of section 5751.20 of the Revised Code. | 49408 |
| Any qualifying levy that is a fixed-rate levy that is not | 49409 |
| applicable to a tax year after 2010 does not qualify for any | 49410 |
| reimbursement after the tax year to which it is last applicable. | 49411 |
| (C) For taxes levied within the ten-mill limitation for debt | 49412 |
| purposes in tax year 2005, payments shall be made equal to one | 49413 |
| hundred per cent of the loss computed as if the tax were a | 49414 |
| fixed-rate levy, but those payments shall extend from fiscal year | 49415 |
| 2006 through fiscal year 2018, as long as the qualifying levy | 49416 |
| continues to be used for debt purposes. If the purpose of such a | 49417 |
| qualifying levy is changed, that levy becomes subject to the | 49418 |
| payments determined in division (B) of this section. | 49419 |
| (D)(1) Not later than January 1, 2006, for each fixed-sum | 49420 |
| levy of each school district or joint vocational school district | 49421 |
| and for each year for which a determination is made under division | 49422 |
| (F) of section 5751.20 of the Revised Code that a fixed-sum levy | 49423 |
| loss is to be reimbursed, the tax commissioner shall certify to | 49424 |
| the department of education the fixed-sum levy loss determined | 49425 |
| under that division. The certification shall cover a time period | 49426 |
| sufficient to include all fixed-sum levies for which the | 49427 |
| commissioner made such a determination. The department shall pay | 49428 |
| from the school district property tax replacement fund to the | 49429 |
| school district or joint vocational school district one-third of | 49430 |
| the fixed-sum levy loss so certified for each year on or before | 49431 |
| the last day of May, August, and October of the current year. | 49432 |
| (2) Beginning in 2006, by the first day of January of each | 49433 |
| year, the tax commissioner shall review the certification | 49434 |
| originally made under division (D)(1) of this section. If the | 49435 |
| commissioner determines that a debt levy that had been scheduled | 49436 |
| to be reimbursed in the current year has expired, a revised | 49437 |
| certification for that and all subsequent years shall be made to | 49438 |
| the department of education. | 49439 |
| (E) Beginning in September 2007 and through June 2018, the | 49440 |
| director of budget and management shall transfer from the school | 49441 |
| district tangible property tax replacement fund to the general | 49442 |
| revenue fund each of the following: | 49443 |
| (1) On the first day of September, | 49444 |
| of the amount | 49445 |
| division (A)(1) of this section | 49446 |
| 49447 |
| (2) On the first day of December, | 49448 |
| the amount | 49449 |
| division (A)(1) of this section | 49450 |
| 49451 |
| (3) On the first day of March, | 49452 |
| the amount | 49453 |
| division (A)(1) of this section | 49454 |
| 49455 |
| (4) On the first day of June, | 49456 |
| amount | 49457 |
| (A)(1) of this section | 49458 |
| 49459 |
| If, when a transfer is required under division (E)(1), (2), | 49460 |
| (3), or (4) of this section, there is not sufficient money in the | 49461 |
| school district tangible property tax replacement fund to make the | 49462 |
| transfer in the required amount, the director shall transfer the | 49463 |
| balance in the fund to the general revenue fund and may make | 49464 |
| additional transfers on later dates as determined by the director | 49465 |
| in a total amount that does not exceed one-fourth of the amount | 49466 |
| determined for the fiscal year. | 49467 |
| (F) For each of the fiscal years 2006 through 2018, if the | 49468 |
| total amount in the school district tangible property tax | 49469 |
| replacement fund is insufficient to make all payments under | 49470 |
| divisions (B), (C), and (D) of this section at the times the | 49471 |
| payments are to be made, the director of budget and management | 49472 |
| shall transfer from the general revenue fund to the school | 49473 |
| district tangible property tax replacement fund the difference | 49474 |
| between the total amount to be paid and the amount in the school | 49475 |
| district tangible property tax replacement fund. For each fiscal | 49476 |
| year after 2018, at the time payments under division (D) of this | 49477 |
| section are to be made, the director of budget and management | 49478 |
| shall transfer from the general revenue fund to the school | 49479 |
| district property tax replacement fund the amount necessary to | 49480 |
| make such payments. | 49481 |
| (G) On the fifteenth day of June of 2006 through 2011, the | 49482 |
| director of budget and management may transfer any balance in the | 49483 |
| school district tangible property tax replacement fund to the | 49484 |
| general revenue fund. At the end of fiscal years 2012 through | 49485 |
| 2018, any balance in the school district tangible property tax | 49486 |
| replacement fund shall remain in the fund to be used in future | 49487 |
| fiscal years for school purposes. | 49488 |
| (H) If all of the territory of a school district or joint | 49489 |
| vocational school district is merged with another district, or if | 49490 |
| a part of the territory of a school district or joint vocational | 49491 |
| school district is transferred to an existing or newly created | 49492 |
| district, the department of education, in consultation with the | 49493 |
| tax commissioner, shall adjust the payments made under this | 49494 |
| section as follows: | 49495 |
| (1) For a merger of two or more districts, the machinery and | 49496 |
| equipment, inventory, furniture and fixtures, and telephone | 49497 |
| property fixed-rate levy losses and the fixed-sum levy losses of | 49498 |
| the successor district shall be equal to the sum of the machinery | 49499 |
| and equipment, inventory, furniture and fixtures, and telephone | 49500 |
| property fixed-rate levy losses and debt levy losses as determined | 49501 |
| in section 5751.20 of the Revised Code, for each of the districts | 49502 |
| involved in the merger. | 49503 |
| (2) If property is transferred from one district to a | 49504 |
| previously existing district, the amount of machinery and | 49505 |
| equipment, inventory, furniture and fixtures, and telephone | 49506 |
| property tax value losses and fixed-rate levy losses that shall be | 49507 |
| transferred to the recipient district shall be an amount equal to | 49508 |
| the total machinery and equipment, inventory, furniture and | 49509 |
| fixtures, and telephone property fixed-rate levy losses times a | 49510 |
| fraction, the numerator of which is the value of business tangible | 49511 |
| personal property on the land being transferred in the most recent | 49512 |
| year for which data are available, and the denominator of which is | 49513 |
| the total value of business tangible personal property in the | 49514 |
| district from which the land is being transferred in the most | 49515 |
| recent year for which data are available. For each of the first | 49516 |
| five years after the property is transferred, but not after fiscal | 49517 |
| year 2012, if the tax rate in the recipient district is less than | 49518 |
| the tax rate of the district from which the land was transferred, | 49519 |
| one-half of the payments arising from the amount of fixed-rate | 49520 |
| levy losses so transferred to the recipient district shall be paid | 49521 |
| to the recipient district and one-half of the payments arising | 49522 |
| from the fixed-rate levy losses so transferred shall be paid to | 49523 |
| the district from which the land was transferred. Fixed-rate levy | 49524 |
| losses so transferred shall be computed on the basis of the sum of | 49525 |
| the rates of fixed-rate qualifying levies of the district from | 49526 |
| which the land was transferred, notwithstanding division (D) of | 49527 |
| this section. | 49528 |
| (3) After December 31, 2004, if property is transferred from | 49529 |
| one or more districts to a district that is newly created out of | 49530 |
| the transferred property, the newly created district shall be | 49531 |
| deemed not to have any machinery and equipment, inventory, | 49532 |
| furniture and fixtures, or telephone property fixed-rate levy | 49533 |
| losses and the districts from which the property was transferred | 49534 |
| shall have no reduction in their machinery and equipment, | 49535 |
| inventory, furniture and fixtures, and telephone property | 49536 |
| fixed-rate levy losses. | 49537 |
| (4) If the recipient district under division (H)(2) of this | 49538 |
| section or the newly created district under divisions (H)(3) of | 49539 |
| this section is assuming debt from one or more of the districts | 49540 |
| from which the property was transferred and any of the districts | 49541 |
| losing the property had fixed-sum levy losses, the department of | 49542 |
| education, in consultation with the tax commissioner, shall make | 49543 |
| an equitable division of the fixed-sum levy loss reimbursements. | 49544 |
| Sec. 5751.23. (A) As used in this section: | 49545 |
| (1) "Administrative fees" means the dollar percentages | 49546 |
| allowed by the county auditor for services or by the county | 49547 |
| treasurer as fees, or paid to the credit of the real estate | 49548 |
| assessment fund, under divisions (A) and | 49549 |
| and division (A) of section 321.26 of the Revised Code. | 49550 |
| (2) "Administrative fee loss" means a county's loss of | 49551 |
| administrative fees due to its tax value loss, determined as | 49552 |
| follows: | 49553 |
| (a) For purposes of the determination made under division (B) | 49554 |
| of this section in the years 2006 through 2010, the administrative | 49555 |
| fee loss shall be computed by multiplying the amounts determined | 49556 |
| for all taxing districts in the county under divisions (D) and (E) | 49557 |
| of section 5751.20 of the Revised Code by nine thousand six | 49558 |
| hundred fifty-nine ten-thousandths of one per cent if total taxes | 49559 |
| collected in the county in 2004 exceeded one hundred fifty million | 49560 |
| dollars, or one and one thousand one hundred fifty-nine | 49561 |
| ten-thousandths of one per cent if total taxes collected in the | 49562 |
| county in 2004 were one hundred fifty million dollars or less; | 49563 |
| (b) For purposes of the determination under division (B) of | 49564 |
| this section in the years after 2010, the administrative fee | 49565 |
| losses shall be determined by multiplying the administrative fee | 49566 |
| losses calculated for 2010 by the fractions in divisions (A)(1)(b) | 49567 |
| to (i) of section 5751.22 of the Revised Code. | 49568 |
| (3) "Total taxes collected" means all money collected on any | 49569 |
| tax duplicate of the county, other than the estate tax duplicates. | 49570 |
| "Total taxes collected" does not include amounts received pursuant | 49571 |
| to divisions (F) and (G) of section 321.24 or section 323.156 of | 49572 |
| the Revised Code. | 49573 |
| (B) Not later than December 31, 2005, the tax commissioner | 49574 |
| shall certify to each county auditor the tax levy losses | 49575 |
| calculated under divisions (D) and (E) of section 5751.20 of the | 49576 |
| Revised Code for each school district, joint vocational school | 49577 |
| district, and local taxing unit in the county. Not later than the | 49578 |
| thirty-first day of January of 2006 through 2017, the county | 49579 |
| auditor shall determine the administrative fee loss for the county | 49580 |
| and apportion that loss ratably among the school districts, joint | 49581 |
| vocational school districts, and local taxing units on the basis | 49582 |
| of the tax levy losses certified under this division. | 49583 |
| (C) On or before each of the days prescribed for the | 49584 |
| settlements under divisions (A) and (C) of section 321.24 of the | 49585 |
| Revised Code in the years 2006 through 2017, the county treasurer | 49586 |
| shall deduct one-half of the amount apportioned to each school | 49587 |
| district, joint vocational school district, and local taxing unit | 49588 |
| from the portions of revenue payable to them. | 49589 |
| (D) On or before each of the days prescribed for settlements | 49590 |
| under divisions (A) and (C) of section 321.24 of the Revised Code | 49591 |
| in the years 2006 through 2017, the county auditor shall cause to | 49592 |
| be deposited an amount equal to one-half of the amount of the | 49593 |
| administrative fee loss in the same funds as if allowed as | 49594 |
| administrative fees. | 49595 |
| Sec. 5907.15. There is hereby created in the state treasury | 49596 |
|
the
Ohio veterans'
homes rental | 49597 |
| 49598 | |
| agreements of a veterans' home, from the sale of meals at a home's | 49599 |
| dining halls, and from rental, lease, or sharing agreements for | 49600 |
| the use of facilities, supplies, equipment, utilities, or services | 49601 |
|
provided by
a home | 49602 |
| credited to
the fund. The fund shall be used | 49603 |
| costs of the homes and for the purchase of medications, medication | 49604 |
| services, medical supplies, and medical equipment by the homes. | 49605 |
| Sec. 5907.16. There is hereby created in the state treasury | 49606 |
| the medicare services fund. Revenue from federal reimbursement of | 49607 |
| medicare services that were provided at state veterans' homes | 49608 |
| shall be credited to the fund. The fund shall be used for paying | 49609 |
| the operating costs of the state veterans' homes. | 49610 |
| Sec. 6109.21. (A) Except as provided in divisions (D) and | 49611 |
| (E) of this section, on and after January 1, 1994, no person shall | 49612 |
| operate or maintain a public water system in this state without a | 49613 |
| license issued by the director of environmental protection. A | 49614 |
| person who operates or maintains a public water system on January | 49615 |
| 1, 1994, shall obtain an initial license under this section in | 49616 |
| accordance with the following schedule: | 49617 |
| (1) If the public water system is a community water system, | 49618 |
| not later than January 31, 1994; | 49619 |
| (2) If the public water system is not a community water | 49620 |
| system and serves a nontransient population, not later than | 49621 |
| January 31, 1994; | 49622 |
| (3) If the public water system is not a community water | 49623 |
| system and serves a transient population, not later than January | 49624 |
| 31, 1995. | 49625 |
| A person proposing to operate or maintain a new public water | 49626 |
| system after January 1, 1994, in addition to complying with | 49627 |
| section 6109.07 of the Revised Code and rules adopted under it, | 49628 |
| shall submit an application for an initial license under this | 49629 |
| section to the director prior to commencing operation of the | 49630 |
| system. | 49631 |
| A license or license renewal issued under this section shall | 49632 |
| be renewed annually. Such a license or license renewal shall | 49633 |
| expire on the thirtieth day of January in the year following its | 49634 |
| issuance. A license holder that proposes to continue operating the | 49635 |
| public water system for which the license or license renewal was | 49636 |
| issued shall apply for a license renewal at least thirty days | 49637 |
| prior to that expiration date. | 49638 |
| The director shall adopt, and may amend and rescind, rules in | 49639 |
| accordance with Chapter 119. of the Revised Code establishing | 49640 |
| procedures governing and information to be included on | 49641 |
| applications for licenses and license renewals under this section. | 49642 |
|
Through June 30,
| 49643 |
| by the appropriate fee established under division (M) of section | 49644 |
| 3745.11 of the Revised Code, provided that an applicant for an | 49645 |
| initial license who is proposing to operate or maintain a new | 49646 |
| public water system after January 1, 1994, shall submit a fee that | 49647 |
| equals a prorated amount of the appropriate fee established under | 49648 |
| that division for the remainder of the licensing year. | 49649 |
| (B) Not later than thirty days after receiving a completed | 49650 |
| application and the appropriate license fee for an initial license | 49651 |
| under division (A) of this section, the director shall issue the | 49652 |
| license for the public water system. Not later than thirty days | 49653 |
| after receiving a completed application and the appropriate | 49654 |
| license fee for a license renewal under division (A) of this | 49655 |
| section, the director shall do one of the following: | 49656 |
| (1) Issue the license renewal for the public water system; | 49657 |
| (2) Issue the license renewal subject to terms and conditions | 49658 |
| that the director determines are necessary to ensure compliance | 49659 |
| with this chapter and rules adopted under it; | 49660 |
| (3) Deny the license renewal if the director finds that the | 49661 |
| public water system was not operated in substantial compliance | 49662 |
| with this chapter and rules adopted under it. | 49663 |
| (C) The director may suspend or revoke a license or license | 49664 |
| renewal issued under this section if the director finds that the | 49665 |
| public water system was not operated in substantial compliance | 49666 |
| with this chapter and rules adopted under it. The director shall | 49667 |
| adopt, and may amend and rescind, rules in accordance with Chapter | 49668 |
| 119. of the Revised Code governing such suspensions and | 49669 |
| revocations. | 49670 |
| (D)(1) As used in division (D) of this section, "church" | 49671 |
| means a fellowship of believers, congregation, society, | 49672 |
| corporation, convention, or association that is formed primarily | 49673 |
| or exclusively for religious purposes and that is not formed or | 49674 |
| operated for the private profit of any person. | 49675 |
| (2) This section does not apply to a church that operates or | 49676 |
| maintains a public water system solely to provide water for that | 49677 |
| church or for a campground that is owned by the church and | 49678 |
| operated primarily or exclusively for members of the church and | 49679 |
| their families. A church that, on or before March 5, 1996, has | 49680 |
| obtained a license under this section for such a public water | 49681 |
| system need not obtain a license renewal under this section. | 49682 |
| (E) This section does not apply to any public or nonpublic | 49683 |
| school that meets minimum standards of the state board of | 49684 |
| education that operates or maintains a public water system solely | 49685 |
| to provide water for that school. | 49686 |
| Sec. 6111.0381. There is hereby created in the state treasury | 49687 |
| the water quality protection fund. The fund shall consist of | 49688 |
| federal grants, including grants made pursuant to the Federal | 49689 |
| Water Pollution Control Act, and contributions made to the | 49690 |
| environmental protection agency for water quality protection and | 49691 |
| restoration. The director of environmental protection shall use | 49692 |
| money in the fund for water quality protection and restoration. | 49693 |
| Sec. 6111.04. (A) Both of the following apply except as | 49694 |
| otherwise provided in division (A) or (F) of this section: | 49695 |
| (1) No person shall cause pollution or place or cause to be | 49696 |
| placed any sewage, sludge, sludge materials, industrial waste, or | 49697 |
| other wastes in a location where they cause pollution of any | 49698 |
| waters of the state. | 49699 |
| (2) Such an action prohibited under division (A)(1) of this | 49700 |
| section is hereby declared to be a public nuisance. | 49701 |
| Divisions (A)(1) and (2) of this section do not apply if the | 49702 |
| person causing pollution or placing or causing to be placed wastes | 49703 |
| in a location in which they cause pollution of any waters of the | 49704 |
| state holds a valid, unexpired permit, or renewal of a permit, | 49705 |
| governing the causing or placement as provided in sections 6111.01 | 49706 |
| to 6111.08 of the Revised Code or if the person's application for | 49707 |
| renewal of such a permit is pending. | 49708 |
| (B) If the director of environmental protection administers a | 49709 |
| sludge management program pursuant to division (S) of section | 49710 |
| 6111.03 of the Revised Code, both of the following apply except as | 49711 |
| otherwise provided in division (B) or (F) of this section: | 49712 |
| (1) No person, in the course of sludge management, shall | 49713 |
| place on land located in the state or release into the air of the | 49714 |
| state any sludge or sludge materials. | 49715 |
| (2) An action prohibited under division (B)(1) of this | 49716 |
| section is hereby declared to be a public nuisance. | 49717 |
| Divisions (B)(1) and (2) of this section do not apply if the | 49718 |
| person placing or releasing the sludge or sludge materials holds a | 49719 |
| valid, unexpired permit, or renewal of a permit, governing the | 49720 |
| placement or release as provided in sections 6111.01 to 6111.08 of | 49721 |
| the Revised Code or if the person's application for renewal of | 49722 |
| such a permit is pending. | 49723 |
| (C) No person to whom a permit has been issued shall place or | 49724 |
| discharge, or cause to be placed or discharged, in any waters of | 49725 |
| the state any sewage, sludge, sludge materials, industrial waste, | 49726 |
| or other wastes in excess of the permissive discharges specified | 49727 |
| under an existing permit without first receiving a permit from the | 49728 |
| director to do so. | 49729 |
| (D) No person to whom a sludge management permit has been | 49730 |
| issued shall place on the land or release into the air of the | 49731 |
| state any sludge or sludge materials in excess of the permissive | 49732 |
| amounts specified under the existing sludge management permit | 49733 |
| without first receiving a modification of the existing sludge | 49734 |
| management permit or a new sludge management permit to do so from | 49735 |
| the director. | 49736 |
| (E) The director may require the submission of plans, | 49737 |
| specifications, and other information that the director considers | 49738 |
| relevant in connection with the issuance of permits. | 49739 |
| (F) This section does not apply to any of the following: | 49740 |
| (1) Waters used in washing sand, gravel, other aggregates, or | 49741 |
| mineral products when the washing and the ultimate disposal of the | 49742 |
| water used in the washing, including any sewage, industrial waste, | 49743 |
| or other wastes contained in the waters, are entirely confined to | 49744 |
| the land under the control of the person engaged in the recovery | 49745 |
| and processing of the sand, gravel, other aggregates, or mineral | 49746 |
| products and do not result in the pollution of waters of the | 49747 |
| state; | 49748 |
| (2) Water, gas, or other material injected into a well to | 49749 |
| facilitate, or that is incidental to, the production of oil, gas, | 49750 |
| artificial brine, or water derived in association with oil or gas | 49751 |
| production and disposed of in a well, in compliance with a permit | 49752 |
| issued under Chapter 1509. of the Revised Code, or sewage, | 49753 |
| industrial waste, or other wastes injected into a well in | 49754 |
| compliance with an injection well operating permit. Division | 49755 |
| (F)(2) of this section does not authorize, without a permit, any | 49756 |
| discharge that is prohibited by, or for which a permit is required | 49757 |
| by, regulation of the United States environmental protection | 49758 |
| agency. | 49759 |
| (3) Application of any materials to land for agricultural | 49760 |
| purposes or runoff of the materials from that application or | 49761 |
| pollution by animal waste or soil sediment, including attached | 49762 |
| substances, resulting from farming, silvicultural, or earthmoving | 49763 |
| activities regulated by Chapter 307. or 1511. of the Revised Code. | 49764 |
| Division (F)(3) of this section does not authorize, without a | 49765 |
| permit, any discharge that is prohibited by, or for which a permit | 49766 |
| is required by, the Federal Water Pollution Control Act or | 49767 |
| regulations adopted under it. | 49768 |
| (4) The excrement of domestic and farm animals defecated on | 49769 |
| land or runoff therefrom into any waters of the state. Division | 49770 |
| (F)(4) of this section does not authorize, without a permit, any | 49771 |
| discharge that is prohibited by, or for which a permit is required | 49772 |
| by, the Federal Water Pollution Control Act or regulations adopted | 49773 |
| under it. | 49774 |
| (5) On and after the date on which the United States | 49775 |
| environmental protection agency approves the NPDES program | 49776 |
| submitted by the director of agriculture under section 903.08 of | 49777 |
| the Revised Code, any discharge that is within the scope of the | 49778 |
| approved NPDES program submitted by the director of agriculture; | 49779 |
| (6) The discharge of sewage, industrial waste, or other | 49780 |
| wastes into a sewerage system tributary to a treatment works. | 49781 |
| Division (F)(6) of this section does not authorize any discharge | 49782 |
| into a publicly owned treatment works in violation of a | 49783 |
| pretreatment program applicable to the publicly owned treatment | 49784 |
| works. | 49785 |
| (7) | 49786 |
| 49787 | |
| 49788 | |
| or other disposal systems for the disposal or treatment of sewage | 49789 |
| from single-family, two-family, or three-family dwellings in | 49790 |
| compliance with | 49791 |
| 3707.01 of the Revised Code | 49792 |
| (F)(7) of this section does not authorize, without a permit, any | 49793 |
| discharge that is prohibited by, or for which a permit is required | 49794 |
| by, regulation of the United States environmental protection | 49795 |
| agency. | 49796 |
| (8) Exceptional quality sludge generated outside of this | 49797 |
| state and contained in bags or other containers not greater than | 49798 |
| one hundred pounds in capacity. As used in division (F)(8) of this | 49799 |
| section, "exceptional quality sludge" has the same meaning as in | 49800 |
| division (Y) of section 3745.11 of the Revised Code. | 49801 |
| (G) The holder of a permit issued under section 402 (a) of | 49802 |
| the Federal Water Pollution Control Act need not obtain a permit | 49803 |
| for a discharge authorized by the permit until its expiration | 49804 |
| date. Except as otherwise provided in this division, the director | 49805 |
| of environmental protection shall administer and enforce those | 49806 |
| permits within this state and may modify their terms and | 49807 |
| conditions in accordance with division (J) of section 6111.03 of | 49808 |
| the Revised Code. On and after the date on which the United States | 49809 |
| environmental protection agency approves the NPDES program | 49810 |
| submitted by the director of agriculture under section 903.08 of | 49811 |
| the Revised Code, the director of agriculture shall administer and | 49812 |
| enforce those permits within this state that are issued for any | 49813 |
| discharge that is within the scope of the approved NPDES program | 49814 |
| submitted by the director of agriculture. | 49815 |
| Sec. 6111.44. (A) Except as otherwise provided in division | 49816 |
| (B) of this section, in section 6111.14 of the Revised Code, or in | 49817 |
| rules adopted under division (G) of section 6111.03 of the Revised | 49818 |
| Code, no municipal corporation, county, public institution, | 49819 |
| corporation, or officer or employee thereof or other person shall | 49820 |
| provide or install sewerage or treatment works for sewage, sludge, | 49821 |
| or sludge materials disposal or treatment or make a change in any | 49822 |
| sewerage or treatment works until the plans therefor have been | 49823 |
| submitted to and approved by the director of environmental | 49824 |
| protection. Sections 6111.44 to 6111.46 of the Revised Code apply | 49825 |
| to sewerage and treatment works of a municipal corporation or part | 49826 |
| thereof, an unincorporated community, a county sewer district, or | 49827 |
| other land outside of a municipal corporation or any publicly or | 49828 |
| privately owned building or group of buildings or place, used for | 49829 |
| the assemblage, entertainment, recreation, education, correction, | 49830 |
| hospitalization, housing, or employment of persons. | 49831 |
| In granting an approval, the director may stipulate | 49832 |
| modifications, conditions, and rules that the public health and | 49833 |
| prevention of pollution may require. Any action taken by the | 49834 |
| director shall be a matter of public record and shall be entered | 49835 |
| in the director's journal. Each period of thirty days that a | 49836 |
| violation of this section continues, after a conviction for the | 49837 |
| violation, constitutes a separate offense. | 49838 |
| (B) Sections 6111.45 and 6111.46 of the Revised Code and | 49839 |
| division (A) of this section do not apply to any of the following: | 49840 |
| (1) Sewerage or treatment works for sewage installed or to be | 49841 |
| installed for the use of a private residence or dwelling; | 49842 |
| (2) Sewerage systems, treatment works, or disposal systems | 49843 |
| for storm water from an animal feeding facility or manure, as | 49844 |
| "animal feeding facility" and "manure" are defined in section | 49845 |
| 903.01 of the Revised Code; | 49846 |
| (3) Animal waste treatment or disposal works and related | 49847 |
| management and conservation practices that are subject to rules | 49848 |
| adopted under division (E)(2) of section 1511.02 of the Revised | 49849 |
|
Code | 49850 |
| | 49851 |
| 49852 | |
| 49853 | |
| 49854 | |
| 49855 | |
| 49856 | |
| 49857 | |
| 49858 | |
| 49859 |
| The exclusions established in divisions (B)(2) and (3) of | 49860 |
| this section do not apply to the construction or installation of | 49861 |
| disposal systems, as defined in section 6111.01 of the Revised | 49862 |
| Code, that are located at an animal feeding facility and that | 49863 |
| store, treat, or discharge wastewaters that do not include storm | 49864 |
| water or manure or that discharge to a publicly owned treatment | 49865 |
| works. | 49866 |
| Sec. 6121.04. The Ohio water development authority may do | 49867 |
| any or all of the following: | 49868 |
| (A) Adopt bylaws for the regulation of its affairs and the | 49869 |
| conduct of its business; | 49870 |
| (B) Adopt an official seal; | 49871 |
| (C) Maintain a principal office and suboffices at places | 49872 |
| within the state that it designates; | 49873 |
| (D) Sue and plead in its own name and be sued and impleaded | 49874 |
| in its own name with respect to its contracts or torts of its | 49875 |
| members, employees, or agents acting within the scope of their | 49876 |
| employment, or to enforce its obligations and covenants made under | 49877 |
| sections 6121.06, 6121.08, and 6121.13 of the Revised Code. Any | 49878 |
| such actions against the authority shall be brought in the court | 49879 |
| of common pleas of the county in which the principal office of the | 49880 |
| authority is located or in the court of common pleas of the county | 49881 |
| in which the cause of action arose, provided that the county is | 49882 |
| located within this state, and all summonses, exceptions, and | 49883 |
| notices of every kind shall be served on the authority by leaving | 49884 |
| a copy thereof at the principal office with the person in charge | 49885 |
| thereof or with the secretary-treasurer of the authority. | 49886 |
| (E) Make loans and grants to governmental agencies for the | 49887 |
| acquisition or construction of water development projects by any | 49888 |
| such governmental agency and adopt rules and procedures for making | 49889 |
| such loans and grants; | 49890 |
| (F) Acquire, construct, reconstruct, enlarge, improve, | 49891 |
| furnish, equip, maintain, repair, operate, or lease or rent to, or | 49892 |
| contract for operation by, a governmental agency or person, water | 49893 |
| development projects, and establish rules for the use of those | 49894 |
| projects; | 49895 |
| (G) Make available the use or services of any water | 49896 |
| development project to one or more persons, one or more | 49897 |
| governmental agencies, or any combination thereof; | 49898 |
| (H) Issue water development revenue bonds and notes and water | 49899 |
| development revenue refunding bonds of the state, payable solely | 49900 |
| from revenues as provided in section 6121.06 of the Revised Code, | 49901 |
| unless the bonds are refunded by refunding bonds, for the purpose | 49902 |
| of paying any part of the cost of one or more water development | 49903 |
| projects or parts thereof; | 49904 |
| (I) Acquire by gift or purchase, hold, and dispose of real | 49905 |
| and personal property in the exercise of its powers and the | 49906 |
| performance of its duties under this chapter; | 49907 |
| (J) Acquire, in the name of the state, by purchase or | 49908 |
| otherwise, on terms and in the manner that it considers proper, or | 49909 |
| by the exercise of the right of condemnation in the manner | 49910 |
| provided by section 6121.18 of the Revised Code, public or private | 49911 |
| lands, including public parks, playgrounds, or reservations, or | 49912 |
| parts thereof or rights therein, rights-of-way, property, rights, | 49913 |
| easements, and interests that it considers necessary for carrying | 49914 |
| out this chapter, but excluding the acquisition by the exercise of | 49915 |
| the right of condemnation of any waste water facility or water | 49916 |
| management facility owned by any person or governmental agency, | 49917 |
| and compensation shall be paid for public or private lands so | 49918 |
| taken, except that a government-owned waste water facility may be | 49919 |
| appropriated in accordance with section 6121.041 of the Revised | 49920 |
| Code; | 49921 |
| (K) Adopt rules to protect augmented flow in waters of the | 49922 |
| state, to the extent augmented by a water development project, | 49923 |
| from depletion so it will be available for beneficial use, and to | 49924 |
| provide standards for the withdrawal from waters of the state of | 49925 |
| the augmented flow created by a water development project that is | 49926 |
| not returned to the waters of the state so augmented and to | 49927 |
| establish reasonable charges therefor if considered necessary by | 49928 |
| the authority; | 49929 |
| (L) Make and enter into all contracts and agreements and | 49930 |
| execute all instruments necessary or incidental to the performance | 49931 |
| of its duties and the execution of its powers under this chapter | 49932 |
| in accordance with the following requirements: | 49933 |
| (1) When the cost under any such contract or agreement, other | 49934 |
| than compensation for personal services, involves an expenditure | 49935 |
| of more than twenty-five thousand dollars, the authority shall | 49936 |
| make a written contract with the lowest responsive and responsible | 49937 |
| bidder, in accordance with section 9.312 of the Revised Code, | 49938 |
| after advertisement for not less than two consecutive weeks in a | 49939 |
| newspaper of general circulation in Franklin county, and in other | 49940 |
| publications that the authority determines, which shall state the | 49941 |
| general character of the work and the general character of the | 49942 |
| materials to be furnished, the place where plans and | 49943 |
| specifications therefor may be examined, and the time and place of | 49944 |
| receiving bids, provided that a contract or lease for the | 49945 |
| operation of a water development project constructed and owned by | 49946 |
| the authority or an agreement for cooperation in the acquisition | 49947 |
| or construction of a water development project pursuant to section | 49948 |
| 6121.13 of the Revised Code or any contract for the construction | 49949 |
| of a water development project that is to be leased by the | 49950 |
| authority to, and operated by, persons who are not governmental | 49951 |
| agencies and the cost of the project is to be amortized | 49952 |
| exclusively from rentals or other charges paid to the authority by | 49953 |
| persons who are not governmental agencies is not subject to the | 49954 |
| foregoing requirements and the authority may enter into such a | 49955 |
| contract or lease or such an agreement pursuant to negotiation and | 49956 |
| upon terms and conditions and for the period that it finds to be | 49957 |
| reasonable and proper in the circumstances and in the best | 49958 |
| interests of proper operation or of efficient acquisition or | 49959 |
| construction of the project. | 49960 |
| (2) Each bid for a contract for the construction, demolition, | 49961 |
| alteration, repair, or reconstruction of an improvement shall | 49962 |
| contain the full name of every person interested in it and shall | 49963 |
| meet the requirements of section 153.54 of the Revised Code. | 49964 |
| (3) Each bid for a contract except as provided in division | 49965 |
| (L)(2) of this section shall contain the full name of every person | 49966 |
| or company interested in it and shall be accompanied by a | 49967 |
| sufficient bond or certified check on a solvent bank that if the | 49968 |
| bid is accepted, a contract will be entered into and the | 49969 |
| performance thereof secured. | 49970 |
| (4) The authority may reject any and all bids. | 49971 |
| (5) A bond with good and sufficient surety, approved by the | 49972 |
| authority, shall be required of every contractor awarded a | 49973 |
| contract except as provided in division (L)(2) of this section, in | 49974 |
| an amount equal to at least fifty per cent of the contract price, | 49975 |
| conditioned upon the faithful performance of the contract. | 49976 |
| (M) Employ managers, superintendents, and other employees and | 49977 |
| retain or contract with consulting engineers, financial | 49978 |
| consultants, accounting experts, architects, attorneys, and other | 49979 |
| consultants and independent contractors that are necessary in its | 49980 |
| judgment to carry out this chapter, and fix the compensation | 49981 |
| thereof. All expenses thereof shall be payable solely from the | 49982 |
| proceeds of water development revenue bonds or notes issued under | 49983 |
| this chapter, from revenues, or from funds appropriated for that | 49984 |
| purpose by the general assembly. | 49985 |
| (N) Receive and accept from any federal agency, subject to | 49986 |
| the approval of the governor, grants for or in aid of the | 49987 |
| construction of any water development project or for research and | 49988 |
| development with respect to waste water or water management | 49989 |
| facilities, and receive and accept aid or contributions from any | 49990 |
| source of money, property, labor, or other things of value, to be | 49991 |
| held, used, and applied only for the purposes for which the grants | 49992 |
| and contributions are made; | 49993 |
| (O) Engage in research and development with respect to waste | 49994 |
| water or water management facilities; | 49995 |
| (P) Purchase fire and extended coverage and liability | 49996 |
| insurance for any water development project and for the principal | 49997 |
| office and suboffices of the authority, insurance protecting the | 49998 |
| authority and its officers and employees against liability for | 49999 |
| damage to property or injury to or death of persons arising from | 50000 |
| its operations, and any other insurance the authority may agree to | 50001 |
| provide under any resolution authorizing its water development | 50002 |
| revenue bonds or in any trust agreement securing the same; | 50003 |
| (Q) Charge, alter, and collect rentals and other charges for | 50004 |
| the use or services of any water development project as provided | 50005 |
| in section 6121.13 of the Revised Code; | 50006 |
| (R) Provide coverage for its employees under Chapters 145., | 50007 |
| 4123., and 4141. of the Revised Code; | 50008 |
| (S) Assist in the implementation and administration of the | 50009 |
| drinking water assistance fund and program created in section | 50010 |
| 6109.22 of the Revised Code and the water pollution control loan | 50011 |
| fund and program created in section 6111.036 of the Revised Code, | 50012 |
| including, without limitation, performing or providing fiscal | 50013 |
| management for the funds and investing and disbursing moneys in | 50014 |
| the funds, and enter into all necessary and appropriate agreements | 50015 |
| with the director of environmental protection for those purposes; | 50016 |
| (T) Issue water development revenue bonds and notes of the | 50017 |
| state in principal amounts that are necessary for the purpose of | 50018 |
| raising moneys for the sole benefit of the water pollution control | 50019 |
| loan fund created in section 6111.036 of the Revised Code, | 50020 |
| including moneys to meet the requirement for providing matching | 50021 |
| moneys under division (D) of that section. The bonds and notes may | 50022 |
| be secured by appropriate trust agreements and repaid from moneys | 50023 |
| credited to the fund from payments of principal and interest on | 50024 |
| loans made from the fund, as provided in division (F) of section | 50025 |
| 6111.036 of the Revised Code. | 50026 |
| (U) Issue water development revenue bonds and notes of the | 50027 |
| state in principal amounts that are necessary for the purpose of | 50028 |
| raising moneys for the sole benefit of the drinking water | 50029 |
| assistance fund created in section 6109.22 of the Revised Code, | 50030 |
| including moneys to meet the requirement for providing matching | 50031 |
| moneys under divisions (B) and (F) of that section. The bonds and | 50032 |
| notes may be secured by appropriate trust agreements and repaid | 50033 |
| from moneys credited to the fund from payments of principal and | 50034 |
| interest on loans made from the fund, as provided in division (F) | 50035 |
| of section 6109.22 of the Revised Code. | 50036 |
| (V) Make loans to and enter into agreements with boards of | 50037 |
| county
commissioners for the purposes of section | 50038 |
| of the Revised Code and adopt rules establishing requirements and | 50039 |
| procedures for making the loans and entering into the agreements; | 50040 |
| (W) Do all acts necessary or proper to carry out the powers | 50041 |
| expressly granted in this chapter. | 50042 |
| Any instrument by which real property is acquired pursuant to | 50043 |
| this section shall identify the agency of the state that has the | 50044 |
| use and benefit of the real property as specified in section | 50045 |
| 5301.012 of the Revised Code. | 50046 |
| Sec. 6121.043. If a governmental agency fails to pay any | 50047 |
| charge imposed pursuant to an order issued under section 6121.041 | 50048 |
| of the Revised Code within sixty days of the date due, such charge | 50049 |
| shall be deducted from the amount of the undivided local | 50050 |
| 50051 | |
| pursuant to section 5747.51 or 5747.53 of the Revised Code, and | 50052 |
| shall be paid directly to the Ohio water development authority. If | 50053 |
| a person fails to pay a charge within sixty days of the date due, | 50054 |
| the authority shall certify such charge to the county auditor, who | 50055 |
| shall place the charge on the real property tax list and duplicate | 50056 |
| against the property served. Such charge becomes a lien on such | 50057 |
| property from the date it is certified by the authority, and shall | 50058 |
| be collected in the manner that taxes are ordinarily collected and | 50059 |
| forwarded to the authority. | 50060 |
| Any revenues or other moneys pledged against obligations | 50061 |
| which are collected by the authority in the operation of a single | 50062 |
| or regional system of waste water facilities shall first be | 50063 |
| applied to the payment of debt service on such obligations. No | 50064 |
| action of the authority relieves a governmental agency of any duty | 50065 |
| which it may have to pay such obligations. | 50066 |
| Sec. 6131.23. The assessments estimated in accordance with | 50067 |
| section 6131.14 of the Revised Code shall be payable in not less | 50068 |
| than two semiannual installments. At the time of the final | 50069 |
| hearing, in the order approving the levying of the assessments, | 50070 |
| the board of county commissioners shall determine how long a | 50071 |
| period of time, in semiannual installments, as taxes are paid, | 50072 |
| shall be given the owners of land benefited to pay the assessments | 50073 |
| that are made for an improvement and whether or not bonds or notes | 50074 |
| shall be issued and sold in anticipation of such payments. If | 50075 |
| bonds or notes are to be issued, the interest shall be added to | 50076 |
| the assessments. If the estimated cost of the improvement does not | 50077 |
| exceed five hundred dollars, not more than two semiannual | 50078 |
| installments, as taxes are paid, shall be given to owners of lands | 50079 |
| benefited to pay the assessments that are made for the | 50080 |
| improvement. If the estimated cost of the improvement exceeds five | 50081 |
| hundred dollars, the board may determine the number of | 50082 |
| installments in which the assessments are to be paid. If any such | 50083 |
| assessment is twenty-five dollars or less, or whenever the unpaid | 50084 |
| balance of any such assessment is twenty-five dollars or less, the | 50085 |
| same shall be paid in full, and not in installments, at the time | 50086 |
| the first or next installment would otherwise become due. | 50087 |
| When assessments are payable in installments and county | 50088 |
| general funds are used to pay for the improvement, the assessment | 50089 |
|
shall not exceed | 50090 |
| by the county auditor pursuant to section 6131.49 of the Revised | 50091 |
| Code, and shall be payable upon completion of the contract. | 50092 |
| When assessments are made payable in installments and bonds | 50093 |
| or notes have been sold to pay for the improvement, interest shall | 50094 |
| be added to the installments of assessments at the same rate as is | 50095 |
| drawn by the bonds or notes issued to pay for the improvements. | 50096 |
| Any owner may pay the estimated assessments on the owner's land | 50097 |
| in cash within thirty days after the final hearing without paying | 50098 |
| any interest thereon. If the legislative authority of a political | 50099 |
| subdivision chooses to pay the assessments on all parcels within | 50100 |
| the subdivision, both public and private, in one installment, it | 50101 |
| shall pass a resolution so stating and shall send the resolution, | 50102 |
| or a copy thereof, to the board of county commissioners before | 50103 |
| making the payment. The legislative authority shall pay all | 50104 |
| subsequent maintenance assessments levied under section 6137.03 of | 50105 |
| the Revised Code if it chooses to pay the construction assessments | 50106 |
| on all parcels within the subdivision. | 50107 |
| Bonds may be sold for any repayment period that the board of | 50108 |
| county commissioners may determine proper, not to exceed
| 50109 |
| thirty semiannual installments, except that for bonds sold by a | 50110 |
| board of county commissioners for soil and water conservation | 50111 |
| district improvements pursuant to section 1515.24 of the Revised | 50112 |
| Code, the repayment period shall not exceed thirty semiannual | 50113 |
| installments. | 50114 |
| Section 101.02. That existing sections 9.821, 9.822, 9.823, | 50115 |
| 9.83, 107.12, 107.40, 109.57, 109.572, 109.93, 111.18, 118.01, | 50116 |
| 118.08, 118.17, 118.20, 118.23, 119.07, 120.33, 122.17, 122.171, | 50117 |
| 122.602, 124.152, 125.45, 125.93, 125.96, 125.97, 125.98, 126.07, | 50118 |
| 126.08, 126.16, 126.21, 126.22, 127.14, 127.16, 131.44, 133.01, | 50119 |
| 133.10, 133.25, 135.35, 135.352, 151.08, 151.40, 152.31, 156.02, | 50120 |
| 164.03, 164.05, 164.051, 164.08, 164.09, 166.08, 173.04, 173.35, | 50121 |
| 173.85, 173.86, 174.03, 174.06, 183.01, 183.021, 183.17, 183.33, | 50122 |
| 183.34, 183.35, 307.021, 307.37, 307.695, 307.6910, 307.98, | 50123 |
| 307.981, 308.04, 317.08, 319.202, 319.281, 319.54, 321.08, 322.01, | 50124 |
| 323.151, 323.152, 323.153, 323.154, 325.31, 329.04, 329.05, | 50125 |
| 329.14, 340.03, 505.376, 517.08, 521.01, 709.191, 711.05, 711.10, | 50126 |
| 711.131, 718.13, 742.301, 1503.05, 1504.02, 1506.01, 1506.99, | 50127 |
| 1521.01, 1521.20, 1521.21, 1521.22, 1521.23, 1521.24, 1521.25, | 50128 |
| 1521.26, 1521.27, 1521.28, 1521.29, 1521.30, 1521.99, 1531.06, | 50129 |
| 1531.35, 1548.06, 1555.08, 1557.03, 1901.34, 2151.362, 2913.40, | 50130 |
| 2921.42, 2927.023, 2935.03, 3109.04, 3109.041, 3119.022, 3119.023, | 50131 |
| 3119.27, 3119.29, 3119.30, 3125.12, 3301.0711, 3301.0714, 3301.53, | 50132 |
| 3302.03, 3302.10, 3311.24, 3313.41, 3313.603, 3313.615, 3313.64, | 50133 |
| 3313.646, 3313.66, 3313.661, 3313.98, 3314.015, 3314.02, 3314.074, | 50134 |
| 3314.08, 3314.26, 3317.01, 3317.012, 3317.013, 3317.014, 3317.015, | 50135 |
| 3317.016, 3317.017, 3317.02, 3317.021, 3317.022, 3317.023, | 50136 |
| 3317.024, 3317.025, 3317.026, 3317.027, 3317.028, 3317.029, | 50137 |
| 3317.0216, 3317.0217, 3317.03, 3317.04, 3317.06, 3317.08, 3317.16, | 50138 |
| 3317.20, 3317.201, 3318.12, 3318.15, 3318.26, 3319.55, 3323.01, | 50139 |
| 3323.11, 3327.05, 3333.04, 3333.122, 3333.38, 3357.01, 3365.01, | 50140 |
| 3375.05, 3375.121, 3375.40, 3375.85, 3381.04, 3501.17, 3701.74, | 50141 |
| 3701.741, 3701.83, 3702.52, 3702.5211, 3702.5212, 3702.5213, | 50142 |
| 3702.57, 3702.63, 3702.68, 3704.03, 3704.14, 3705.24, 3709.09, | 50143 |
| 3709.091, 3721.51, 3721.541, 3721.56, 3734.57, 3735.672, 3745.11, | 50144 |
| 3769.087, 3770.03, 3770.06, 3905.36, 4123.35, 4141.09, 4301.43, | 50145 |
| 4503.06, 4503.061, 4503.064, 4503.065, 4503.066, 4503.067, | 50146 |
| 4503.10, 4503.102, 4503.35, 4505.06, 4513.263, 4513.35, 4519.55, | 50147 |
| 4715.251, 4717.07, 4723.621, 4723.63, 4723.64, 4723.65, 4723.66, | 50148 |
| 4731.142, 4731.22, 4736.01, 4743.05, 4755.03, 4766.05, 4775.08, | 50149 |
| 4921.40, 5101.162, 5101.21, 5101.211, 5101.212, 5101.213, 5101.24, | 50150 |
| 5101.242, 5101.244, 5101.571, 5101.572, 5101.58, 5101.59, | 50151 |
| 5101.802, 5101.98, 5104.30, 5107.02, 5107.03, 5107.05, 5107.10, | 50152 |
| 5107.12, 5107.14, 5107.16, 5107.17, 5107.281, 5107.30, 5107.36, | 50153 |
| 5107.41, 5107.42, 5111.01, 5111.014, 5111.016, 5111.019, | 50154 |
| 5111.0112, 5111.023, 5111.03, 5111.06, 5111.084, 5111.10, | 50155 |
| 5111.101, 5111.163, 5111.17, 5111.172, 5111.20, 5111.871, | 50156 |
| 5111.8814, 5111.891, 5111.95, 5111.96, 5112.341, 5115.12, | 50157 |
| 5119.611, 5123.01, 5123.043, 5123.045, 5123.047, 5123.048, | 50158 |
| 5123.049, 5123.0411, 5123.051, 5123.19, 5123.196, 5123.198, | 50159 |
| 5123.20, 5123.211, 5123.38, 5123.41, 5123.51, 5123.60, 5123.602, | 50160 |
| 5163.603, 5123.604, 5123.99, 5126.038, 5126.042, 5126.046, | 50161 |
| 5126.054, 5126.055, 5126.056, 5126.057, 5126.06, 5126.11, 5126.12, | 50162 |
| 5126.15, 5126.18, 5126.19, 5126.25, 5126.40, 5126.42, 5126.43, | 50163 |
| 5126.45, 5126.47, 5139.27, 5139.271, 5139.43, 5302.30, 5528.54, | 50164 |
| 5531.10, 5537.04, 5537.16, 5537.99, 5705.28, 5705.281, 5705.29, | 50165 |
| 5705.30, 5705.31, 5705.32, 5705.321, 5705.37, 5705.44, 5709.68, | 50166 |
| 5709.882, 5715.36, 5719.041, 5725.151, 5725.24, 5727.45, 5727.81, | 50167 |
| 5727.84, 5727.85, 5727.87, 5733.12, 5733.98, 5739.02, 5739.033, | 50168 |
| 5739.12, 5739.21, 5741.02, 5741.03, 5743.01, 5743.20, 5743.331, | 50169 |
| 5745.02, 5745.05, 5745.13, 5747.03, 5747.46, 5747.47, 5747.48, | 50170 |
| 5747.50, 5747.501, 5747.51, 5747.52, 5747.53, 5747.54, 5747.55, | 50171 |
| 5747.98, 5748.01, 5748.02, 5748.021, 5748.04, 5748.08, 5751.20, | 50172 |
| 5751.21, 5751.23, 5907.15, 6109.21, 6111.04, 6111.44, 6121.04, | 50173 |
| 6121.043, and 6131.23 of the Revised Code are hereby repealed. | 50174 |
| Section 105.01. That sections 125.95, 183.02, 183.27, 183.32, | 50175 |
| 3318.47, 3318.48, 3318.49, 3333.29, 3718.01, 3718.02, 3718.021, | 50176 |
| 3718.03, 3718.04, 3718.05, 3718.06, 3718.07, 3718.08, 3718.09, | 50177 |
| 3718.10, 3718.99, 4911.021, 5111.161, 5123.16, 5123.182, 5123.199, | 50178 |
| 5126.035, 5126.036, 5126.053, 5126.431, 5126.44, 5126.451, | 50179 |
| 5747.61, 5747.62, 5747.63, and 6111.441 of the Revised Code are | 50180 |
| hereby repealed. | 50181 |
| Section 105.03. That the version of section 3702.68 of the | 50182 |
| Revised Code that was to have taken effect July 1, 2007, as a | 50183 |
| result of Sections 3 to 5 of Am. Sub. S.B. 50 of the 121st General | 50184 |
| Assembly, as most recently amended by Am. Sub. H.B. 66 of the | 50185 |
| 126th General Assembly, is hereby repealed. It is the intent of | 50186 |
| this section to prevent the amendment of section 3702.68 of the | 50187 |
| Revised Code that was to have taken effect July 1, 2007. | 50188 |
| Section 110.07. That the version of section 127.16 of the | 50189 |
| Revised Code that is scheduled to take effect July 1, 2007, be | 50190 |
| amended to read as follows: | 50191 |
| Sec. 127.16. (A) Upon the request of either a state agency | 50192 |
| or the director of budget and management and after the controlling | 50193 |
| board determines that an emergency or a sufficient economic reason | 50194 |
| exists, the controlling board may approve the making of a purchase | 50195 |
| without competitive selection as provided in division (B) of this | 50196 |
| section. | 50197 |
| (B) Except as otherwise provided in this section, no state | 50198 |
| agency, using money that has been appropriated to it directly, | 50199 |
| shall: | 50200 |
| (1) Make any purchase from a particular supplier, that would | 50201 |
| amount to fifty thousand dollars or more when combined with both | 50202 |
| the amount of all disbursements to the supplier during the fiscal | 50203 |
| year for purchases made by the agency and the amount of all | 50204 |
| outstanding encumbrances for purchases made by the agency from the | 50205 |
| supplier, unless the purchase is made by competitive selection or | 50206 |
| with the approval of the controlling board; | 50207 |
| (2) Lease real estate from a particular supplier, if the | 50208 |
| lease would amount to seventy-five thousand dollars or more when | 50209 |
| combined with both the amount of all disbursements to the supplier | 50210 |
| during the fiscal year for real estate leases made by the agency | 50211 |
| and the amount of all outstanding encumbrances for real estate | 50212 |
| leases made by the agency from the supplier, unless the lease is | 50213 |
| made by competitive selection or with the approval of the | 50214 |
| controlling board. | 50215 |
| (C) Any person who authorizes a purchase in violation of | 50216 |
| division (B) of this section shall be liable to the state for any | 50217 |
| state funds spent on the purchase, and the attorney general shall | 50218 |
| collect the amount from the person. | 50219 |
| (D) Nothing in division (B) of this section shall be | 50220 |
| construed as: | 50221 |
| (1) A limitation upon the authority of the director of | 50222 |
| transportation as granted in sections 5501.17, 5517.02, and | 50223 |
| 5525.14 of the Revised Code; | 50224 |
| (2) Applying to medicaid provider agreements under Chapter | 50225 |
| 5111. of the Revised Code or payments or provider agreements under | 50226 |
| the disability medical assistance program established under | 50227 |
| Chapter 5115. of the Revised Code; | 50228 |
| (3) Applying to the purchase of examinations from a sole | 50229 |
| supplier by a state licensing board under Title XLVII of the | 50230 |
| Revised Code; | 50231 |
| (4) Applying to entertainment contracts for the Ohio state | 50232 |
| fair entered into by the Ohio expositions commission, provided | 50233 |
| that the controlling board has given its approval to the | 50234 |
| commission to enter into such contracts and has approved a total | 50235 |
| budget amount for such contracts as agreed upon by commission | 50236 |
| action, and that the commission causes to be kept itemized records | 50237 |
| of the amounts of money spent under each contract and annually | 50238 |
| files those records with the clerk of the house of representatives | 50239 |
| and the clerk of the senate following the close of the fair; | 50240 |
| (5) Limiting the authority of the chief of the division of | 50241 |
| mineral resources management to contract for reclamation work with | 50242 |
| an operator mining adjacent land as provided in section 1513.27 of | 50243 |
| the Revised Code; | 50244 |
| (6) Applying to investment transactions and procedures of any | 50245 |
| state agency, except that the agency shall file with the board the | 50246 |
| name of any person with whom the agency contracts to make, broker, | 50247 |
| service, or otherwise manage its investments, as well as the | 50248 |
| commission, rate, or schedule of charges of such person with | 50249 |
| respect to any investment transactions to be undertaken on behalf | 50250 |
| of the agency. The filing shall be in a form and at such times as | 50251 |
| the board considers appropriate. | 50252 |
| (7) Applying to purchases made with money for the per cent | 50253 |
| for arts program established by section 3379.10 of the Revised | 50254 |
| Code; | 50255 |
| (8) Applying to purchases made by the rehabilitation services | 50256 |
| commission of services, or supplies, that are provided to persons | 50257 |
| with disabilities, or to purchases made by the commission in | 50258 |
| connection with the eligibility determinations it makes for | 50259 |
| applicants of programs administered by the social security | 50260 |
| administration; | 50261 |
| (9) Applying to payments by the department of job and family | 50262 |
| services under section 5111.13 of the Revised Code for group | 50263 |
| health plan premiums, deductibles, coinsurance, and other | 50264 |
| cost-sharing expenses; | 50265 |
| (10) Applying to any agency of the legislative branch of the | 50266 |
| state government; | 50267 |
| (11) Applying to agreements or contracts entered into under | 50268 |
| section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the | 50269 |
| Revised Code; | 50270 |
| (12) Applying to purchases of services by the adult parole | 50271 |
| authority under section 2967.14 of the Revised Code or by the | 50272 |
| department of youth services under section 5139.08 of the Revised | 50273 |
| Code; | 50274 |
| (13) Applying to dues or fees paid for membership in an | 50275 |
| organization or association; | 50276 |
| (14) Applying to purchases of utility services pursuant to | 50277 |
| section 9.30 of the Revised Code; | 50278 |
| (15) Applying to purchases made in accordance with rules | 50279 |
| adopted by the department of administrative services of motor | 50280 |
| vehicle, aviation, or watercraft fuel, or emergency repairs of | 50281 |
| such vehicles; | 50282 |
| (16) Applying to purchases of tickets for passenger air | 50283 |
| transportation; | 50284 |
| (17) Applying to purchases necessary to provide public | 50285 |
| notifications required by law or to provide notifications of job | 50286 |
| openings; | 50287 |
| (18) Applying to the judicial branch of state government; | 50288 |
| (19) Applying to purchases of liquor for resale by the | 50289 |
| division of liquor control; | 50290 |
| (20) Applying to purchases of motor courier and freight | 50291 |
| services made in accordance with department of administrative | 50292 |
| services rules; | 50293 |
| (21) Applying to purchases from the United States postal | 50294 |
| service and purchases of stamps and postal meter replenishment | 50295 |
| from vendors at rates established by the United States postal | 50296 |
| service; | 50297 |
| (22) Applying to purchases of books, periodicals, pamphlets, | 50298 |
| newspapers, maintenance subscriptions, and other published | 50299 |
| materials; | 50300 |
| (23) Applying to purchases from other state agencies, | 50301 |
| including state-assisted institutions of higher education; | 50302 |
| (24) Limiting the authority of the director of environmental | 50303 |
| protection to enter into contracts under division (D) of section | 50304 |
| 3745.14 of the Revised Code to conduct compliance reviews, as | 50305 |
| defined in division (A) of that section; | 50306 |
| (25) Applying to purchases from a qualified nonprofit agency | 50307 |
| pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of | 50308 |
| the Revised Code; | 50309 |
| (26) Applying to payments by the department of job and family | 50310 |
| services to the United States department of health and human | 50311 |
| services for printing and mailing notices pertaining to the tax | 50312 |
| refund offset program of the internal revenue service of the | 50313 |
| United States department of the treasury; | 50314 |
| (27) Applying to contracts entered into by the department of | 50315 |
|
mental retardation and developmental disabilities under
| 50316 |
| section 5123.18 | 50317 |
| (28) Applying to payments made by the department of mental | 50318 |
| health under a physician recruitment program authorized by section | 50319 |
| 5119.101 of the Revised Code; | 50320 |
| (29) Applying to contracts entered into with persons by the | 50321 |
| director of commerce for unclaimed funds collection and remittance | 50322 |
| efforts as provided in division (F) of section 169.03 of the | 50323 |
| Revised Code. The director shall keep an itemized accounting of | 50324 |
| unclaimed funds collected by those persons and amounts paid to | 50325 |
| them for their services. | 50326 |
| (30) Applying to purchases made by a state institution of | 50327 |
| higher education in accordance with the terms of a contract | 50328 |
| between the vendor and an inter-university purchasing group | 50329 |
| comprised of purchasing officers of state institutions of higher | 50330 |
| education; | 50331 |
| (31) Applying to the department of job and family services' | 50332 |
| purchases of health assistance services under the children's | 50333 |
| health insurance program part I provided for under section 5101.50 | 50334 |
| of the Revised Code or the children's health insurance program | 50335 |
| part II provided for under section 5101.51 of the Revised Code; | 50336 |
| (32) Applying to payments by the attorney general from the | 50337 |
| reparations fund to hospitals and other emergency medical | 50338 |
| facilities for performing medical examinations to collect physical | 50339 |
| evidence pursuant to section 2907.28 of the Revised Code; | 50340 |
| (33) Applying to contracts with a contracting authority or | 50341 |
| administrative receiver under division (B) of section 5126.056 of | 50342 |
| the Revised Code; | 50343 |
| (34) Applying to reimbursements paid to the United States | 50344 |
| department of veterans affairs for pharmaceutical and patient | 50345 |
| supply purchases made on behalf of the Ohio veterans' home agency; | 50346 |
| (35) Applying to agreements entered into with terminal | 50347 |
| distributors of dangerous drugs under section 173.79 of the | 50348 |
| Revised Code. | 50349 |
| (E) Notwithstanding division (B)(1) of this section, the | 50350 |
| cumulative purchase threshold shall be seventy-five thousand | 50351 |
| dollars for the departments of mental retardation and | 50352 |
| developmental disabilities, mental health, rehabilitation and | 50353 |
| correction, and youth services. | 50354 |
| (F) When determining whether a state agency has reached the | 50355 |
| cumulative purchase thresholds established in divisions (B)(1), | 50356 |
| (B)(2), and (E) of this section, all of the following purchases by | 50357 |
| such agency shall not be considered: | 50358 |
| (1) Purchases made through competitive selection or with | 50359 |
| controlling board approval; | 50360 |
| (2) Purchases listed in division (D) of this section; | 50361 |
| (3) For the purposes of the thresholds of divisions (B)(1) | 50362 |
| and (E) of this section only, leases of real estate. | 50363 |
| (G) As used in this section, "competitive selection," | 50364 |
| "purchase," "supplies," and "services" have the same meanings as | 50365 |
| in section 125.01 of the Revised Code. | 50366 |
| Section 110.08. That the existing version of section 127.16 | 50367 |
| of the Revised Code that is scheduled to take effect July 1, 2007, | 50368 |
| is hereby repealed. | 50369 |
| Section 115.03. That section 5101.213 of the Revised Code is | 50370 |
| hereby repealed, effective July 1, 2008. | 50371 |
| Section 130.01. As is more completely explained in Sections | 50372 |
| 130.02 and 130.03 that follow, this act, pursuant to Section | 50373 |
| 611.03 of Am. Sub. H.B. 66 of the 126th General Assembly, confirms | 50374 |
| and orders implementation of the amendments and the enactment | 50375 |
| referred to in Section 611.03, the taking effect of which | 50376 |
| amendments and enactment by Am. Sub. H.B. 66 was postponed in | 50377 |
| whole or in part by Section 611.03 pending this confirmation and | 50378 |
| order. | 50379 |
| Section 130.02. (A)(1) Section 9.833 of the Revised Code is | 50380 |
| presented in division (B) of this section solely for the purpose | 50381 |
| of confirming the section and ordering its implementation as it | 50382 |
| results from Am. Sub. H.B. 46 and Am. Sub. H.B. 66 of the 126th | 50383 |
| General Assembly. Sections 3111.19, 3313.12, and 4117.08 of the | 50384 |
| Revised Code are presented in division (B) of this section solely | 50385 |
| for the purpose of confirming the sections and ordering their | 50386 |
| implementation as they result from Am. Sub. H.B. 66 of the 126th | 50387 |
| General Assembly. No other action is being taken with regard to | 50388 |
| these sections. | 50389 |
| (2) Section 9.90 of the Revised Code is presented in division | 50390 |
| (B) of this section for the purposes of confirming the section and | 50391 |
| ordering its implementation as it results from Am. Sub. H.B. 66 | 50392 |
| and Sub. H.B. 193 of the 126th General Assembly and of amending | 50393 |
| the section to read as directed by this act. Section 9.901 of the | 50394 |
| Revised Code is presented in division (B) of this section for the | 50395 |
| purposes of confirming the section and ordering its complete | 50396 |
| implementation as it results from Am. Sub. H.B. 66 of the 126th | 50397 |
| General Assembly and as it was subsequently amended by Am. Sub. | 50398 |
| H.B. 530 of the 126th General Assembly and of amending the section | 50399 |
| to read as directed by this act. Sections 3313.202, 3313.33, and | 50400 |
| 4117.03 of the Revised Code are presented in division (B) of this | 50401 |
| section for the purposes of confirming the sections and ordering | 50402 |
| their implementation as they result from Am. Sub. H.B. 66 of the | 50403 |
| 126th General Assembly and of amending the sections to read as | 50404 |
| directed by this act. | 50405 |
| (B) Sections 9.833, 9.90, 9.901, 3311.19, 3313.12, 3313.202, | 50406 |
| 3313.33, 4117.03, and 4117.08 of the Revised Code are presented in | 50407 |
| this division as explained in divisions (A)(1) and (2) of this | 50408 |
| section: | 50409 |
| Sec. 9.833. (A) As used in this section, "political | 50410 |
| subdivision" means a municipal corporation, township, county, or | 50411 |
| other body corporate and politic responsible for governmental | 50412 |
| activities in a geographic area smaller than that of the state, | 50413 |
| and agencies and instrumentalities of these entities. For purposes | 50414 |
| of this section, a school district is not a "political | 50415 |
| subdivision." | 50416 |
| (B) Political subdivisions that provide health care benefits | 50417 |
| for their officers or employees may do any of the following: | 50418 |
| (1) Establish and maintain an individual self-insurance | 50419 |
| program with public moneys to provide authorized health care | 50420 |
| benefits, including but not limited to, health care, prescription | 50421 |
| drugs, dental care, and vision care, in accordance with division | 50422 |
| (C) of this section; | 50423 |
| (2) Establish and maintain a health savings account program | 50424 |
| whereby employees or officers may establish and maintain health | 50425 |
| savings accounts in accordance with section 223 of the Internal | 50426 |
| Revenue Code. Public moneys may be used to pay for or fund | 50427 |
| federally qualified high deductible health plans that are linked | 50428 |
| to health savings accounts or to make contributions to health | 50429 |
| savings accounts. A health savings account program may be a part | 50430 |
| of a self-insurance program. | 50431 |
| (3) After establishing an individual self-insurance program, | 50432 |
| agree with other political subdivisions that have established | 50433 |
| individual self-insurance programs for health care benefits, that | 50434 |
| their programs will be jointly administered in a manner specified | 50435 |
| in the agreement; | 50436 |
| (4) Pursuant to a written agreement and in accordance with | 50437 |
| division (C) of this section, join in any combination with other | 50438 |
| political subdivisions to establish and maintain a joint | 50439 |
| self-insurance program to provide health care benefits; | 50440 |
| (5) Pursuant to a written agreement, join in any combination | 50441 |
| with other political subdivisions to procure or contract for | 50442 |
| policies, contracts, or plans of insurance to provide health care | 50443 |
| benefits, which may include a health savings account program, for | 50444 |
| their officers and employees subject to the agreement; | 50445 |
| (6) Use in any combination any of the policies, contracts, | 50446 |
| plans, or programs authorized under this division. | 50447 |
| (C) Except as otherwise provided in division (E) of this | 50448 |
| section, the following apply to individual or joint self-insurance | 50449 |
| programs established pursuant to this section: | 50450 |
| (1) Such funds shall be reserved as are necessary, in the | 50451 |
| exercise of sound and prudent actuarial judgment, to cover | 50452 |
| potential cost of health care benefits for the officers and | 50453 |
| employees of the political subdivision. A report of amounts so | 50454 |
| reserved and disbursements made from such funds, together with a | 50455 |
| written report of a member of the American academy of actuaries | 50456 |
| certifying whether the amounts reserved conform to the | 50457 |
| requirements of this division, are computed in accordance with | 50458 |
| accepted loss reserving standards, and are fairly stated in | 50459 |
| accordance with sound loss reserving principles, shall be prepared | 50460 |
| and maintained, within ninety days after the last day of the | 50461 |
| fiscal year of the entity for which the report is provided for | 50462 |
| that fiscal year, in the office of the program administrator | 50463 |
| described in division (C)(3) of this section. | 50464 |
| The report required by division (C)(1) of this section shall | 50465 |
| include, but not be limited to, disbursements made for the | 50466 |
| administration of the program, including claims paid, costs of the | 50467 |
| legal representation of political subdivisions and employees, and | 50468 |
| fees paid to consultants. | 50469 |
| The program administrator described in division (C)(3) of | 50470 |
| this section shall make the report required by this division | 50471 |
| available for inspection by any person at all reasonable times | 50472 |
| during regular business hours, and, upon the request of such | 50473 |
| person, shall make copies of the report available at cost within a | 50474 |
| reasonable period of time. | 50475 |
| (2) Each political subdivision shall reserve funds necessary | 50476 |
| for an individual or joint self-insurance program in a special | 50477 |
| fund that may be established for political subdivisions other than | 50478 |
| an agency or instrumentality pursuant to an ordinance or | 50479 |
| resolution of the political subdivision and not subject to section | 50480 |
| 5705.12 of the Revised Code. An agency or instrumentality shall | 50481 |
| reserve the funds necessary for an individual or joint | 50482 |
| self-insurance program in a special fund established pursuant to a | 50483 |
| resolution duly adopted by the agency's or instrumentality's | 50484 |
| governing board. The political subdivision may allocate the costs | 50485 |
| of insurance or any self-insurance program, or both, among the | 50486 |
| funds or accounts established under this division on the basis of | 50487 |
| relative exposure and loss experience. | 50488 |
| (3) A contract may be awarded, without the necessity of | 50489 |
| competitive bidding, to any person, political subdivision, | 50490 |
| nonprofit corporation organized under Chapter 1702. of the Revised | 50491 |
| Code, or regional council of governments created under Chapter | 50492 |
| 167. of the Revised Code for purposes of administration of an | 50493 |
| individual or joint self-insurance program. No such contract shall | 50494 |
| be entered into without full, prior, public disclosure of all | 50495 |
| terms and conditions. The disclosure shall include, at a minimum, | 50496 |
| a statement listing all representations made in connection with | 50497 |
| any possible savings and losses resulting from the contract, and | 50498 |
| potential liability of any political subdivision or employee. The | 50499 |
| proposed contract and statement shall be disclosed and presented | 50500 |
| at a meeting of the political subdivision not less than one week | 50501 |
| prior to the meeting at which the political subdivision authorizes | 50502 |
| the contract. | 50503 |
| A contract awarded to a nonprofit corporation or a regional | 50504 |
| council of governments under this division may provide that all | 50505 |
| employees of the nonprofit corporation or regional council of | 50506 |
| governments and the employees of all entities related to the | 50507 |
| nonprofit corporation or regional council of governments may be | 50508 |
| covered by the individual or joint self-insurance program under | 50509 |
| the terms and conditions set forth in the contract. | 50510 |
| (4) The individual or joint self-insurance program shall | 50511 |
| include a contract with a member of the American academy of | 50512 |
| actuaries for the preparation of the written evaluation of the | 50513 |
| reserve funds required under division (C)(1) of this section. | 50514 |
| (5) A joint self-insurance program may allocate the costs of | 50515 |
| funding the program among the funds or accounts established under | 50516 |
| this division to the participating political subdivisions on the | 50517 |
| basis of their relative exposure and loss experience. | 50518 |
| (6) An individual self-insurance program may allocate the | 50519 |
| costs of funding the program among the funds or accounts | 50520 |
| established under this division to the political subdivision that | 50521 |
| established the program. | 50522 |
| (7) Two or more political subdivisions may also authorize the | 50523 |
| establishment and maintenance of a joint health care cost | 50524 |
| containment program, including, but not limited to, the employment | 50525 |
| of risk managers, health care cost containment specialists, and | 50526 |
| consultants, for the purpose of preventing and reducing health | 50527 |
| care costs covered by insurance, individual self-insurance, or | 50528 |
| joint self-insurance programs. | 50529 |
| (8) A political subdivision is not liable under a joint | 50530 |
| self-insurance program for any amount in excess of amounts payable | 50531 |
| pursuant to the written agreement for the participation of the | 50532 |
| political subdivision in the joint self-insurance program. Under a | 50533 |
| joint self-insurance program agreement, a political subdivision | 50534 |
| may, to the extent permitted under the written agreement, assume | 50535 |
| the risks of any other political subdivision. A joint | 50536 |
| self-insurance program established under this section is deemed a | 50537 |
| separate legal entity for the public purpose of enabling the | 50538 |
| members of the joint self-insurance program to obtain insurance or | 50539 |
| to provide for a formalized, jointly administered self-insurance | 50540 |
| fund for its members. An entity created pursuant to this section | 50541 |
| is exempt from all state and local taxes. | 50542 |
| (9) Any political subdivision, other than an agency or | 50543 |
| instrumentality, may issue general obligation bonds, or special | 50544 |
| obligation bonds that are not payable from real or personal | 50545 |
| property taxes, and may also issue notes in anticipation of such | 50546 |
| bonds, pursuant to an ordinance or resolution of its legislative | 50547 |
| authority or other governing body for the purpose of providing | 50548 |
| funds to pay expenses associated with the settlement of claims, | 50549 |
| whether by way of a reserve or otherwise, and to pay the political | 50550 |
| subdivision's portion of the cost of establishing and maintaining | 50551 |
| an individual or joint self-insurance program or to provide for | 50552 |
| the reserve in the special fund authorized by division (C)(2) of | 50553 |
| this section. | 50554 |
| In its ordinance or resolution authorizing bonds or notes | 50555 |
| under this section, a political subdivision may elect to issue | 50556 |
| such bonds or notes under the procedures set forth in Chapter 133. | 50557 |
| of the Revised Code. In the event of such an election, | 50558 |
| notwithstanding Chapter 133. of the Revised Code, the maturity of | 50559 |
| the bonds may be for any period authorized in the ordinance or | 50560 |
| resolution not exceeding twenty years, which period shall be the | 50561 |
| maximum maturity of the bonds for purposes of section 133.22 of | 50562 |
| the Revised Code. | 50563 |
| Bonds and notes issued under this section shall not be | 50564 |
| considered in calculating the net indebtedness of the political | 50565 |
| subdivision under sections 133.04, 133.05, 133.06, and 133.07 of | 50566 |
| the Revised Code. Sections 9.98 to 9.983 of the Revised Code are | 50567 |
| hereby made applicable to bonds or notes authorized under this | 50568 |
| section. | 50569 |
| (10) A joint self-insurance program is not an insurance | 50570 |
| company. Its operation does not constitute doing an insurance | 50571 |
| business and is not subject to the insurance laws of this state. | 50572 |
| (D) A political subdivision may procure group life insurance | 50573 |
| for its employees in conjunction with an individual or joint | 50574 |
| self-insurance program authorized by this section, provided that | 50575 |
| the policy of group life insurance is not self-insured. | 50576 |
| (E) Divisions (C)(1), (2), and (4) of this section do not | 50577 |
| apply to individual self-insurance programs in municipal | 50578 |
| corporations, townships, or counties. | 50579 |
| (F) A public official or employee of a political subdivision | 50580 |
| who is or becomes a member of the governing body of the program | 50581 |
| administrator of a joint self-insurance program in which the | 50582 |
| political subdivision participates is not in violation of division | 50583 |
| (D) or (E) of section 102.03, division (C) of section 102.04, or | 50584 |
| section 2921.42 of the Revised Code as a result of either of the | 50585 |
| following: | 50586 |
| (1) The political subdivision's entering under this section | 50587 |
| into the written agreement to participate in the joint | 50588 |
| self-insurance program; | 50589 |
| (2) The political subdivision's entering under this section | 50590 |
| into any other contract with the joint self-insurance program. | 50591 |
| Sec. 9.90. (A) The governing board of any public institution | 50592 |
| of higher education, including without limitation state | 50593 |
| universities and colleges, community college districts, university | 50594 |
| branch districts, technical college districts, and municipal | 50595 |
| universities, may, in addition to all other powers provided in the | 50596 |
| Revised Code: | 50597 |
| (1) Contract for, purchase, or otherwise procure from an | 50598 |
| insurer or insurers licensed to do business by the state of Ohio | 50599 |
| for or on behalf of such of its employees as it may determine, | 50600 |
| life insurance, or sickness, accident, annuity, endowment, health, | 50601 |
| medical, hospital, dental, or surgical coverage and benefits, or | 50602 |
| any combination thereof, by means of insurance plans or other | 50603 |
| types of coverage, family, group or otherwise, and may pay from | 50604 |
| funds under its control and available for such purpose all or any | 50605 |
| portion of the cost, premium, or charge for such insurance, | 50606 |
| coverage, or benefits. However, the governing board, in addition | 50607 |
| to or as an alternative to the authority otherwise granted by | 50608 |
| division (A)(1) of this section, may elect to procure coverage for | 50609 |
| health care services, for or on behalf of such of its employees as | 50610 |
| it may determine, by means of policies, contracts, certificates, | 50611 |
| or agreements issued by at least two health insuring corporations | 50612 |
| holding a certificate of authority under Chapter 1751. of the | 50613 |
| Revised Code and may pay from funds under the governing board's | 50614 |
| control and available for such purpose all or any portion of the | 50615 |
| cost of such coverage. | 50616 |
| (2) Make payments to a custodial account for investment in | 50617 |
| regulated investment company stock for the purpose of providing | 50618 |
| retirement benefits as described in section 403(b)(7) of the | 50619 |
| Internal Revenue Code of 1954, as amended. Such stock shall be | 50620 |
| purchased only from persons authorized to sell such stock in this | 50621 |
| state. | 50622 |
| Any income of an employee deferred under divisions (A)(1) and | 50623 |
| (2) of this section in a deferred compensation program eligible | 50624 |
| for favorable tax treatment under the Internal Revenue Code of | 50625 |
| 1954, as amended, shall continue to be included as regular | 50626 |
| compensation for the purpose of computing the contributions to and | 50627 |
| benefits from the retirement system of such employee. Any sum so | 50628 |
| deferred shall not be included in the computation of any federal | 50629 |
| and state income taxes withheld on behalf of any such employee. | 50630 |
| (B) All or any portion of the cost, premium, or charge | 50631 |
| therefor may be paid in such other manner or combination of | 50632 |
| manners as the governing board may determine, including direct | 50633 |
| payment by the employee in cases under division (A)(1) of this | 50634 |
| section, and, if authorized in writing by the employee in cases | 50635 |
| under division (A)(1) or (2) of this section, by such governing | 50636 |
| board with moneys made available by deduction from or reduction in | 50637 |
| salary or wages or by the foregoing of a salary or wage increase. | 50638 |
| Nothing in section 3917.01 or section 3917.06 of the Revised Code | 50639 |
| shall prohibit the issuance or purchase of group life insurance | 50640 |
| authorized by this section by reason of payment of premiums | 50641 |
| therefor by the governing board from its funds, and such group | 50642 |
| life insurance may be so issued and purchased if otherwise | 50643 |
| consistent with the provisions of sections 3917.01 to 3917.07 of | 50644 |
| the Revised Code. | 50645 |
| (C) The board of education of any school district may | 50646 |
| exercise any of the powers granted to the governing boards of | 50647 |
| public institutions of higher education under divisions (A) and | 50648 |
| (B) of this section, except in relation to the provision of health | 50649 |
| care benefits to employees. All health care benefits provided to | 50650 |
| persons employed by the public schools of this state shall be | 50651 |
| 50652 | |
| established by the school employees health care board pursuant to | 50653 |
| section 9.901 of the Revised Code. | 50654 |
| Sec. 9.901. (A)(1) All health care benefits provided to | 50655 |
| persons employed by the public | 50656 |
| state shall be provided by | 50657 |
| contain best practices established pursuant to this section by the | 50658 |
| school employees health care board. | 50659 |
| 50660 | |
| 50661 | |
| 50662 | |
| 50663 | |
| 50664 | |
| available to cover public school district employees not later than | 50665 |
| the last day of the month that is the eighteenth full month after | 50666 |
| the effective date of this amendment. The board shall release its | 50667 |
| best practices standards prior to the eighteen-month deadline. Any | 50668 |
| or all of the | 50669 |
| practices specified by the board may be self-insured. | 50670 |
| 50671 | |
| 50672 | |
| school district" means | 50673 |
| village, or joint vocational school district, and includes the | 50674 |
| educational service centers associated with those | 50675 |
| districts. | 50676 |
| (2) | 50677 |
| 50678 | |
| 50679 | |
| 50680 | |
| 50681 | |
| 50682 | |
| 50683 | |
| 50684 | |
| 50685 |
| | 50686 |
| 50687 | |
| 50688 | |
| 50689 | |
| 50690 | |
| 50691 | |
| 50692 | |
| 50693 | |
| 50694 | |
| 50695 |
| | 50696 |
| (a) A " | 50697 |
| contracts, and agreements that provide hospital, surgical, or | 50698 |
| medical expense coverage, including self-insured plans. A " | 50699 |
| health care plan" does not include an individual plan offered to | 50700 |
| the employees of a public school district, or a plan that provides | 50701 |
| coverage only for specific disease or accidents, or a hospital | 50702 |
| indemnity, medicare supplement, or other plan that provides only | 50703 |
| supplemental benefits, paid for by the employees of a public | 50704 |
| school district. | 50705 |
| (b) A "health plan sponsor" means a public school district, a | 50706 |
| consortium of public school districts, or a council of | 50707 |
| governments. | 50708 |
| (B) The school employees health care board is hereby created. | 50709 |
| The school employees health care board shall consist of the | 50710 |
| following | 50711 |
| experience with public school district benefit programs, health | 50712 |
| care industry providers, and | 50713 |
| beneficiaries: | 50714 |
| (1) | 50715 |
| shall be representative of nonadministrative public school | 50716 |
| district employees; | 50717 |
| (2) | 50718 |
| senate, one of whom shall be representative of nonadministrative | 50719 |
| public school district employees; | 50720 |
| (3) | 50721 |
| of representatives, one of whom shall be representative of | 50722 |
| nonadministrative public school district employees. | 50723 |
| A member of the school employees health care board shall not | 50724 |
| be employed by, represent, or in any way be affiliated with a | 50725 |
| private entity that is providing services to the board, an | 50726 |
| individual school district, employers, or employees in the state | 50727 |
| of Ohio. | 50728 |
| (C)(1) Members of the school employees health care board | 50729 |
| shall serve four-year terms | 50730 |
| 50731 | |
| 50732 | |
| 50733 | |
| 50734 | |
| specified in division (B) of this section. | 50735 |
| | 50736 |
| 50737 | |
| the expiration of the member's term until a successor is | 50738 |
| appointed. Any vacancy occurring during a member's term shall be | 50739 |
| filled in the same manner as the original appointment, except that | 50740 |
| the person appointed to fill the vacancy shall be appointed to the | 50741 |
| remainder of the unexpired term. | 50742 |
| (2) Members shall | 50743 |
| fixed pursuant to division (J) of section 124.15 of the Revised | 50744 |
| Code and shall be reimbursed from the school employees health care | 50745 |
| fund for actual and necessary expenses incurred in the performance | 50746 |
| of their official duties as members of the board. | 50747 |
| (3) Members may be removed by their appointing authority for | 50748 |
| misfeasance, malfeasance, incompetence, dereliction of duty, or | 50749 |
| other just cause. | 50750 |
| (D)(1) | 50751 |
| 50752 | |
| 50753 | |
| of January of each calendar year, the board shall elect a | 50754 |
| chairperson and may elect members to other positions on the board | 50755 |
| as the board considers necessary or appropriate. The board shall | 50756 |
| meet at least | 50757 |
| meet at the call of the chairperson or | 50758 |
| members. The chairperson shall provide reasonable advance notice | 50759 |
| of the time and place of board meetings to all members. | 50760 |
| (2) A majority of the board constitutes a quorum for the | 50761 |
| transaction of business at a board meeting. A majority vote of the | 50762 |
| members present is necessary for official action. | 50763 |
| (E) The school employees health care board shall conduct its | 50764 |
| business at open meetings; however, the records of the board are | 50765 |
| not public records for purposes of section 149.43 of the Revised | 50766 |
| Code. | 50767 |
| (F) The school employees health care fund is hereby created | 50768 |
| in the state treasury. | 50769 |
| 50770 | |
| 50771 | |
| 50772 | |
| use all funds in the school employees health care fund | 50773 |
| 50774 | |
| 50775 | |
| provisions of this section and related administrative costs. | 50776 |
| 50777 | |
| 50778 | |
| 50779 |
| (G) The school employees health care board shall do all of | 50780 |
| the following: | 50781 |
| (1) | 50782 |
| standards that shall be considered the best practices to which | 50783 |
| public school districts shall adhere in the selection and | 50784 |
| implementation of health care plans; | 50785 |
| (2) Develop best practices for the provision of health care | 50786 |
| benefits and subsequently approve health care plans | 50787 |
| 50788 | |
| combination of coverage, cost, choice, and stability of health | 50789 |
| cost benefits | 50790 |
| 50791 | |
| 50792 | |
| 50793 | |
| 50794 |
| | 50795 |
| developed by the board; | 50796 |
| (3) Require that the plans the health plan sponsors | 50797 |
| administer make readily available to the public all cost and | 50798 |
| design elements of the plan; | 50799 |
| (4) Determine the feasibility of procurement of selected | 50800 |
| health care benefits through consolidated systems that offer | 50801 |
| demonstrated economies of scale; | 50802 |
| (5) Work with health plan sponsors through educational | 50803 |
| outlets and consultation; | 50804 |
| (6) Maintain a commitment to transparency and public access | 50805 |
| of its meetings and activity pursuant to division (E) of this | 50806 |
| section; | 50807 |
| (7) Promote cooperation among all organizations affected by | 50808 |
| this section in identifying the elements for the successful | 50809 |
| implementation of this section; | 50810 |
| (8) Develop recommendations for employee and employer | 50811 |
| portions of premiums for the | 50812 |
| as to manage plan participation and encourage the use of | 50813 |
| value-based plan participation by employees; | 50814 |
| | 50815 |
| plan copayments, deductibles, exclusions, limitations, | 50816 |
| formularies, premium shares, and other responsibilities; | 50817 |
| | 50818 |
| education programs, to the extent that the board determines is | 50819 |
| appropriate, are included in all | 50820 |
| 50821 | |
| limited to, wellness programs and other measures designed to | 50822 |
| encourage the wise use of | 50823 |
| programs are not services or treatments for purposes of section | 50824 |
| 3901.71 of the Revised Code. | 50825 |
| | 50826 |
| the house of representatives, and the president of the senate, an | 50827 |
| annual report covering | 50828 |
| plan administration, including procedures for monitoring and | 50829 |
| managing objectives, scope, and methodology; plan operations; | 50830 |
| employee and employer contribution rates and the relationship | 50831 |
| between the rates and the school employees health care fund | 50832 |
| balance; a means to develop and maintain identity and evaluate | 50833 |
| alternative employee and employer cost-sharing strategies; an | 50834 |
| evaluation of the effectiveness of cost-saving services and | 50835 |
| programs; an evaluation of efforts to control and manage member | 50836 |
| eligibility and to insure that proper employee and employer | 50837 |
| contributions are remitted to the trust fund; efforts to prevent | 50838 |
| and detect fraud; and efforts to manage and monitor board | 50839 |
| contracts; | 50840 |
| | 50841 |
| patient, plan, and provider management strategies in developing | 50842 |
| and managing | 50843 |
| (13) Prepare and disseminate to the public an annual report | 50844 |
| on the status of health plan sponsors' effectiveness in making | 50845 |
| progress to reduce the rate of increase in insurance premiums and | 50846 |
| employee out of pocket expenses, as well as progress in improving | 50847 |
| the health status of school district employees and their families. | 50848 |
| (H) The board also may develop and implement programs through | 50849 |
| its own initiative for specific health benefits to be utilized by | 50850 |
| health plan sponsors to supplement coverages offered by the school | 50851 |
| districts, including, but not limited to, prescription drugs and | 50852 |
| disease management. | 50853 |
| (I) The sections in Chapter 3923. of the Revised Code | 50854 |
| regulating public employee benefit plans are not applicable to the | 50855 |
| 50856 |
| | 50857 |
| this section prior to the release of | 50858 |
| 50859 | |
| adopt and implement board-approved best practices after the date | 50860 |
| the board releases its best practices pursuant to this section and | 50861 |
| by not later than the first day following the expiration of any | 50862 |
| collective bargaining agreement applicable to employees of the | 50863 |
| public school district that occurs after the release date. The | 50864 |
| board shall designate the specific date by which a particular | 50865 |
| public school district shall adopt and implement board-approved | 50866 |
| best practices. | 50867 |
| (2) | 50868 |
| 50869 | |
| contract with | 50870 |
| analyze costs related to employee health care benefits provided by | 50871 |
| existing public school district plans in this state. The | 50872 |
| 50873 | |
| existing | 50874 |
| cost-sharing arrangements used by public | 50875 |
| either participating in a consortium or by other means. The | 50876 |
| 50877 | |
| used by the existing | 50878 |
| care costs and | 50879 |
| regional consortiums of public schools offering multiple health | 50880 |
| care plans. Based on the findings of the analysis, the | 50881 |
| 50882 | |
| for the development and implementation of | 50883 |
| best practices and programs for | 50884 |
| districts' combined purchasing | 50885 |
| employee | 50886 |
| 50887 | |
| 50888 |
| | 50889 |
| 50890 | |
| 50891 | |
| 50892 |
| | 50893 |
| 50894 | |
| 50895 | |
| 50896 |
| | 50897 |
| 50898 | |
| 50899 | |
| 50900 |
| | 50901 |
| 50902 |
| | 50903 |
| 50904 |
| | 50905 |
| 50906 | |
| 50907 |
| | 50908 |
| 50909 | |
| 50910 |
| | 50911 |
| 50912 | |
| 50913 |
| | 50914 |
| 50915 | |
| 50916 |
| | 50917 |
| 50918 |
| | 50919 |
| 50920 |
| | 50921 |
| 50922 |
| | 50923 |
| 50924 |
| | 50925 |
| | 50926 |
| | 50927 |
| | 50928 |
| 50929 | |
| 50930 |
| | 50931 |
| 50932 | |
| 50933 |
| | 50934 |
| 50935 | |
| 50936 | |
| 50937 | |
| 50938 | |
| 50939 |
| (3) The public schools health care advisory committee is | 50940 |
| hereby created under the school employees health care board. The | 50941 |
| committee shall make recommendations to the school employees | 50942 |
| health care board related to the board's accomplishment of the | 50943 |
| duties assigned to the board under this section. The committee | 50944 |
| shall consist of eighteen members. The governor, the speaker of | 50945 |
| the house of representatives, and the president of the senate | 50946 |
| shall each appoint a representative from the Ohio education | 50947 |
| association, the Ohio school boards association, the Ohio | 50948 |
| association of school business officials, the Ohio association of | 50949 |
| health underwriters, an existing health care consortium serving | 50950 |
| public schools, and a health insuring corporation licensed to do | 50951 |
| business in Ohio and recommended by the Ohio association of health | 50952 |
| plans. The initial appointees shall | 50953 |
| 50954 | |
| 50955 | |
| one-year appointments, to commence on the | 50956 |
| first day of January of each year thereafter, and shall be made in | 50957 |
| the same manner. A member shall continue to serve subsequent to | 50958 |
| the expiration of the member's term until the member's successor | 50959 |
| is appointed. Any vacancy occurring during a member's term shall | 50960 |
| be filled in the same manner as the original appointment, except | 50961 |
| that the person appointed to fill the vacancy shall be appointed | 50962 |
| to the remainder of the unexpired term. The | 50963 |
| 50964 | |
| 50965 | |
| time and place of future committee meetings. Committee members are | 50966 |
| not subject to the conditions for eligibility set by division (B) | 50967 |
| of this section for members of the school employees health care | 50968 |
| board. | 50969 |
| (4) | 50970 |
| 50971 | |
| 50972 | |
| 50973 | |
| 50974 | |
| 50975 | |
| 50976 | |
| 50977 | |
| 50978 | |
| 50979 |
| | 50980 |
| 50981 | |
| 50982 | |
| 50983 | |
| 50984 | |
| 50985 | |
| 50986 | |
| 50987 | |
| 50988 | |
| 50989 | |
| 50990 | |
| 50991 | |
| 50992 | |
| 50993 | |
| 50994 | |
| 50995 | |
| 50996 | |
| 50997 | |
| 50998 | |
| 50999 | |
| 51000 | |
| 51001 | |
| 51002 | |
| 51003 | |
| 51004 | |
| 51005 | |
| 51006 | |
| 51007 | |
| 51008 | |
| 51009 | |
| 51010 |
| | 51011 |
| board makes a determination that the sponsor no longer meets the | 51012 |
| best practice standards adopted by the board, the board may | 51013 |
| suspend or cancel the sponsor's right to administer plans under | 51014 |
| the jurisdiction of the board. The decision of the board to | 51015 |
| suspend or cancel a sponsor's right may be appealed by the sponsor | 51016 |
| pursuant to a hearing and appeal process the board shall adopt by | 51017 |
| rule. | 51018 |
| (5) Upon a failure by a sponsor to adhere to the directives | 51019 |
| of the board, the board may request the attorney general to apply | 51020 |
| to a court having jurisdiction for any necessary orders to enforce | 51021 |
| compliance with the requirement of this section that a health care | 51022 |
| sponsor, unless otherwise allowed, shall adopt and adhere to best | 51023 |
| practices designed by the board or comply with any other | 51024 |
| requirements of this section, as the case may be. The board also | 51025 |
| may engage outside counsel if it deems necessary. | 51026 |
| (6) Upon notice by the board to the department of education | 51027 |
| that a district is not in compliance with the board's directives | 51028 |
| and a court order as described in this section, the department | 51029 |
| shall withhold one per cent of all state financial aid and | 51030 |
| assistance to the district each month until the department | 51031 |
| receives notice from the board that the district is in full | 51032 |
| compliance with the board's directives and subsequent court order. | 51033 |
| (7) Any districts providing | 51034 |
| for the employees of public | 51035 |
| 51036 | |
| districts shall provide nonidentifiable aggregate claims data for | 51037 |
| the coverage to the school employees health care board | 51038 |
| 51039 | |
| thirty days after receiving a written request from the board | 51040 |
| 51041 | |
| employee group benefit sets, demographics, and claims experience. | 51042 |
| | 51043 |
| with other state agencies for services as the board deems | 51044 |
| necessary for the implementation and operation of this section, | 51045 |
| based on demonstrated experience and expertise in administration, | 51046 |
| management, data handling, actuarial studies, quality assurance, | 51047 |
| or for other needed services. The school employees health care | 51048 |
| board | 51049 |
| services for central services until such time the board | 51050 |
| itself able to obtain such services from its own staff or from | 51051 |
| other sources. The board shall reimburse the department of | 51052 |
| administrative services for the reasonable cost of those services. | 51053 |
| | 51054 |
| administrative support to the board and the public school employee | 51055 |
| health care plan program established by this section. | 51056 |
| (L) The board's administrative functions shall include, but | 51057 |
| are not limited to, the following: | 51058 |
| (1) | 51059 |
| 51060 | |
| 51061 | |
| 51062 | |
| 51063 | |
| 51064 | |
| 51065 | |
| 51066 | |
| 51067 | |
| 51068 | |
| 51069 | |
| 51070 | |
| 51071 | |
| 51072 | |
| 51073 | |
| 51074 | |
| 51075 | |
| 51076 |
| | 51077 |
| other preventive health care measures to | 51078 |
| beneficiaries, to the extent that the board determines to be | 51079 |
| appropriate; | 51080 |
| | 51081 |
| establishing contracts for services related to the board's | 51082 |
| health care plans related to the benefits the board believes are | 51083 |
| in the best interests of employees of public school districts as | 51084 |
| permitted in division (H) of this section. | 51085 |
| 51086 |
| | 51087 |
| public school district employees under | 51088 |
| 51089 | |
| employees health care board, a public school district's board of | 51090 |
| education shall provide detailed information about the | 51091 |
| health care plans to the employees. | 51092 |
| | 51093 |
| prohibiting public | 51094 |
| with and compensating insurance agents and brokers for | 51095 |
| professional services. The arrangement and contracts for these | 51096 |
| services shall be a public record and disclosed along with other | 51097 |
| data required by the board. | 51098 |
| | 51099 |
| 51100 | |
| 51101 | |
| 51102 |
| | 51103 |
| 51104 | |
| 51105 | |
| 51106 | |
| 51107 | |
| 51108 | |
| 51109 | |
| 51110 | |
| 51111 | |
| 51112 | |
| 51113 |
| | 51114 |
| 51115 |
| | 51116 |
| 51117 | |
| 51118 |
| | 51119 |
| 51120 |
| (O)(1) Pursuant to Chapter 117. of the Revised Code, the | 51121 |
| auditor of state shall conduct all necessary and required audits | 51122 |
| of the board. The auditor of state, upon request, also shall | 51123 |
| furnish to the board copies of audits of public school districts | 51124 |
| or consortia performed by the auditor of state. | 51125 |
| (2) Annually, the superintendent of insurance shall evaluate | 51126 |
| the performance of the school employee health care board best | 51127 |
| practices during the previous year and submit the results in | 51128 |
| writing to the governor and the general assembly. The | 51129 |
| superintendent also shall include in the audit of the health care | 51130 |
| plans of the health plan sponsors for which the superintendent has | 51131 |
| jurisdiction for a determination of adherence to the best | 51132 |
| practices established by the board. | 51133 |
| (3) Any health care provider or other vendor that contracts | 51134 |
| with a public school district or consortium to furnish health care | 51135 |
| benefits or services pursuant to a health care plan under this | 51136 |
| section, as a condition of such contract, shall agree to submit to | 51137 |
| audits the board may require to ensure compliance with the best | 51138 |
| practices of the board for the provision of such benefits or | 51139 |
| services. The board may contract with persons for independent | 51140 |
| audits of such providers or vendors. The audits shall cover the | 51141 |
| overall performance of the provider or vendor including, but not | 51142 |
| limited to, claims processing procedures and results, eligibility | 51143 |
| determination procedures and standards for health care plan | 51144 |
| participants, and adherence to best practices established by the | 51145 |
| board. | 51146 |
| Sec. 3311.19. (A) The management and control of a joint | 51147 |
| vocational school district shall be vested in the joint vocational | 51148 |
| school district board of education. Where a joint vocational | 51149 |
| school district is composed only of two or more local school | 51150 |
| districts located in one county, or when all the participating | 51151 |
| districts are in one county and the boards of such participating | 51152 |
| districts so choose, the educational service center governing | 51153 |
| board of the county in which the joint vocational school district | 51154 |
| is located shall serve as the joint vocational school district | 51155 |
| board of education. Where a joint vocational school district is | 51156 |
| composed of local school districts of more than one county, or of | 51157 |
| any combination of city, local, or exempted village school | 51158 |
| districts or educational service centers, unless administration by | 51159 |
| the educational service center governing board has been chosen by | 51160 |
| all the participating districts in one county pursuant to this | 51161 |
| section, the board of education of the joint vocational school | 51162 |
| district shall be composed of one or more persons who are members | 51163 |
| of the boards of education from each of the city or exempted | 51164 |
| village school districts or members of the educational service | 51165 |
| centers' governing boards affected to be appointed by the boards | 51166 |
| of education or governing boards of such school districts and | 51167 |
| educational service centers. In such joint vocational school | 51168 |
| districts the number and terms of members of the joint vocational | 51169 |
| school district board of education and the allocation of a given | 51170 |
| number of members to each of the city and exempted village | 51171 |
| districts and educational service centers shall be determined in | 51172 |
| the plan for such district, provided that each such joint | 51173 |
| vocational school district board of education shall be composed of | 51174 |
| an odd number of members. | 51175 |
| (B) Notwithstanding division (A) of this section, a governing | 51176 |
| board of an educational service center that has members of its | 51177 |
| governing board serving on a joint vocational school district | 51178 |
| board of education may make a request to the joint vocational | 51179 |
| district board that the joint vocational school district plan be | 51180 |
| revised to provide for one or more members of boards of education | 51181 |
| of local school districts that are within the territory of the | 51182 |
| educational service district and within the joint vocational | 51183 |
| school district to serve in the place of or in addition to its | 51184 |
| educational service center governing board members. If agreement | 51185 |
| is obtained among a majority of the boards of education and | 51186 |
| governing boards that have a member serving on the joint | 51187 |
| vocational school district board of education and among a majority | 51188 |
| of the local school district boards of education included in the | 51189 |
| district and located within the territory of the educational | 51190 |
| service center whose board requests the substitution or addition, | 51191 |
| the state board of education may revise the joint vocational | 51192 |
| school district plan to conform with such agreement. | 51193 |
| (C) If the board of education of any school district or | 51194 |
| educational service center governing board included within a joint | 51195 |
| vocational district that has had its board or governing board | 51196 |
| membership revised under division (B) of this section requests the | 51197 |
| joint vocational school district board to submit to the state | 51198 |
| board of education a revised plan under which one or more joint | 51199 |
| vocational board members chosen in accordance with a plan revised | 51200 |
| under such division would again be chosen in the manner prescribed | 51201 |
| by division (A) of this section, the joint vocational board shall | 51202 |
| submit the revised plan to the state board of education, provided | 51203 |
| the plan is agreed to by a majority of the boards of education | 51204 |
| represented on the joint vocational board, a majority of the local | 51205 |
| school district boards included within the joint vocational | 51206 |
| district, and each educational service center governing board | 51207 |
| affected by such plan. The state board of education may revise the | 51208 |
| joint vocational school district plan to conform with the revised | 51209 |
| plan. | 51210 |
| (D) The vocational schools in such joint vocational school | 51211 |
| district shall be available to all youth of school age within the | 51212 |
| joint vocational school district subject to the rules adopted by | 51213 |
| the joint vocational school district board of education in regard | 51214 |
| to the standards requisite to admission. A joint vocational school | 51215 |
| district board of education shall have the same powers, duties, | 51216 |
| and authority for the management and operation of such joint | 51217 |
| vocational school district as is granted by law, except by this | 51218 |
| chapter and Chapters 124., 3317., 3323., and 3331. of the Revised | 51219 |
| Code, to a board of education of a city school district, and shall | 51220 |
| be subject to all the provisions of law that apply to a city | 51221 |
| school district, except such provisions in this chapter and | 51222 |
| Chapters 124., 3317., 3323., and 3331. of the Revised Code. | 51223 |
| (E) Where a governing board of an educational service center | 51224 |
| has been designated to serve as the joint vocational school | 51225 |
| district board of education, the educational service center | 51226 |
| superintendent shall be the executive officer for the joint | 51227 |
| vocational school district, and the governing board may provide | 51228 |
| for additional compensation to be paid to the educational service | 51229 |
| center superintendent by the joint vocational school district, but | 51230 |
| the educational service center superintendent shall have no | 51231 |
| continuing tenure other than that of educational service center | 51232 |
| superintendent. The superintendent of schools of a joint | 51233 |
| vocational school district shall exercise the duties and authority | 51234 |
| vested by law in a superintendent of schools pertaining to the | 51235 |
| operation of a school district and the employment and supervision | 51236 |
| of its personnel. The joint vocational school district board of | 51237 |
| education shall appoint a treasurer of the joint vocational school | 51238 |
| district who shall be the fiscal officer for such district and who | 51239 |
| shall have all the powers, duties, and authority vested by law in | 51240 |
| a treasurer of a board of education. Where a governing board of an | 51241 |
| educational service center has been designated to serve as the | 51242 |
| joint vocational school district board of education, such board | 51243 |
| may appoint the educational service center superintendent as the | 51244 |
| treasurer of the joint vocational school district. | 51245 |
| (F) Each member of a joint vocational school district board | 51246 |
| of education may be paid such compensation as the board provides | 51247 |
| by resolution, but it shall not exceed one hundred twenty-five | 51248 |
| dollars per member for each meeting attended plus mileage, at the | 51249 |
| rate per mile provided by resolution of the board, to and from | 51250 |
| meetings of the board. | 51251 |
| The board may provide by resolution for the deduction of | 51252 |
| amounts payable for benefits under section 3313.202 of the Revised | 51253 |
| Code. | 51254 |
| Each member of a joint vocational school district board may | 51255 |
| be paid such compensation as the board provides by resolution for | 51256 |
| attendance at an approved training program, provided that such | 51257 |
| compensation shall not exceed sixty dollars per day for attendance | 51258 |
| at a training program three hours or fewer in length and one | 51259 |
| hundred twenty-five dollars a day for attendance at a training | 51260 |
| program longer than three hours in length. However, no board | 51261 |
| member shall be compensated for the same training program under | 51262 |
| this section and section 3313.12 of the Revised Code. | 51263 |
| Sec. 3313.12. Each member of the educational service center | 51264 |
| governing board may be paid such compensation as the governing | 51265 |
| board provides by resolution, provided that any such compensation | 51266 |
| shall not exceed one hundred twenty-five dollars a day plus | 51267 |
| mileage both ways, at the rate per mile provided by resolution of | 51268 |
| the governing board, for attendance at any meeting of the board. | 51269 |
| Such compensation and the expenses of the educational service | 51270 |
| center superintendent, itemized and verified, shall be paid from | 51271 |
| the educational service center governing board fund upon vouchers | 51272 |
| signed by the president of the governing board. | 51273 |
| The board of education of any city, local, or exempted | 51274 |
| village school district may provide by resolution for compensation | 51275 |
| of its members, provided that such compensation shall not exceed | 51276 |
| one hundred twenty-five dollars per member for meetings attended. | 51277 |
| The board may provide by resolution for the deduction of amounts | 51278 |
| payable for benefits under section 3313.202 of the Revised Code. | 51279 |
| Each member of a district board or educational service center | 51280 |
| governing board may be paid such compensation as the respective | 51281 |
| board provides by resolution for attendance at an approved | 51282 |
| training program, provided that such compensation shall not exceed | 51283 |
| sixty dollars a day for attendance at a training program three | 51284 |
| hours or fewer in length and one hundred twenty-five dollars a day | 51285 |
| for attendance at a training program longer than three hours in | 51286 |
| length. | 51287 |
| Sec. 3313.202. Any elected or appointed member of the board | 51288 |
| of education of a school district and the dependent children and | 51289 |
| spouse of the member may be covered, at the option of the member, | 51290 |
| under any | 51291 |
| practices prescribed by the school employees health care board | 51292 |
| under section 9.901 of the Revised Code. The member shall pay all | 51293 |
| premiums for that coverage. Payments for such coverage shall be | 51294 |
| made, in advance, in a manner prescribed by the school employees | 51295 |
| health care board. The member's exercise of an option to be | 51296 |
| covered under this section shall be in writing, announced at a | 51297 |
| regular public meeting of the board of education, and recorded as | 51298 |
| a public record in the minutes of the board. | 51299 |
| Sec. 3313.33. (A) Conveyances made by a board of education | 51300 |
| shall be executed by the president and treasurer thereof. | 51301 |
| (B) Except as provided in division (C) of this section, no | 51302 |
| member of the board shall have, directly or indirectly, any | 51303 |
| pecuniary interest in any contract of the board or be employed in | 51304 |
| any manner for compensation by the board of which the person is a | 51305 |
| member. No contract shall be binding upon any board unless it is | 51306 |
| made or authorized at a regular or special meeting of such board. | 51307 |
| (C) A member of the board may have a pecuniary interest in a | 51308 |
| contract of the board if all of the following apply: | 51309 |
| (1) The member's pecuniary interest in that contract is that | 51310 |
| the member is employed by a political subdivision, | 51311 |
| instrumentality, or agency of the state that is contracting with | 51312 |
| the board; | 51313 |
| (2) The member does not participate in any discussion or | 51314 |
| debate regarding the contract or vote on the contract; | 51315 |
| (3) The member files with the school district treasurer an | 51316 |
| affidavit stating the member's exact employment status with the | 51317 |
| political subdivision, instrumentality, or agency contracting with | 51318 |
| the board. | 51319 |
| (D) This section does not apply where a member of the board, | 51320 |
| being a shareholder of a corporation but not being an officer or | 51321 |
| director thereof, owns not in excess of five per cent of the stock | 51322 |
| of such corporation. If a stockholder desires to avail self of the | 51323 |
| exception, before entering upon such contract such person shall | 51324 |
| first file with the treasurer an affidavit stating the | 51325 |
| stockholder's exact status and connection with said corporation. | 51326 |
| This section does not apply where a member of the board | 51327 |
|
elects to be covered by a | 51328 |
| 3313.202 of the Revised Code. | 51329 |
| Sec. 4117.03. (A) Public employees have the right to: | 51330 |
| (1) Form, join, assist, or participate in, or refrain from | 51331 |
| forming, joining, assisting, or participating in, except as | 51332 |
| otherwise provided in Chapter 4117. of the Revised Code, any | 51333 |
| employee organization of their own choosing; | 51334 |
| (2) Engage in other concerted activities for the purpose of | 51335 |
| collective bargaining or other mutual aid and protection; | 51336 |
| (3) Representation by an employee organization; | 51337 |
| (4) Bargain collectively with their public employers to | 51338 |
| determine wages, hours, terms and other conditions of employment | 51339 |
| and the continuation, modification, or deletion of an existing | 51340 |
| provision of a collective bargaining agreement, and enter into | 51341 |
| collective bargaining agreements; | 51342 |
| (5) Present grievances and have them adjusted, without the | 51343 |
| intervention of the bargaining representative, as long as the | 51344 |
| adjustment is not inconsistent with the terms of the collective | 51345 |
| bargaining agreement then in effect and as long as the bargaining | 51346 |
| representatives have the opportunity to be present at the | 51347 |
| adjustment. | 51348 |
| (B) Persons on active duty or acting in any capacity as | 51349 |
| members of the organized militia do not have collective bargaining | 51350 |
| rights. | 51351 |
| (C) Except as provided in division (D) of this section, | 51352 |
| nothing in Chapter 4117. of the Revised Code prohibits public | 51353 |
| employers from electing to engage in collective bargaining, to | 51354 |
| meet and confer, to hold discussions, or to engage in any other | 51355 |
| form of collective negotiations with public employees who are not | 51356 |
| subject to Chapter 4117. of the Revised Code pursuant to division | 51357 |
| (C) of section 4117.01 of the Revised Code. | 51358 |
| (D) A public employer shall not engage in collective | 51359 |
| bargaining or other forms of collective negotiations with the | 51360 |
| employees of county boards of elections referred to in division | 51361 |
| (C)(12) of section 4117.01 of the Revised Code. | 51362 |
| (E) | 51363 |
| collectively for health care benefits; however, all health care | 51364 |
| benefits shall | 51365 |
| prescribed by the school employees health care board | 51366 |
| 51367 | |
| 51368 | |
| 51369 | |
| 51370 | |
| 51371 |
| | 51372 |
| 51373 | |
| 51374 | |
| 51375 | |
| 51376 | |
| 51377 | |
| 51378 | |
| 51379 | |
| 51380 | |
| 51381 | |
| 51382 | |
| 51383 |
| Sec. 4117.08. (A) All matters pertaining to wages, hours, or | 51384 |
| terms and other conditions of employment and the continuation, | 51385 |
| modification, or deletion of an existing provision of a collective | 51386 |
| bargaining agreement are subject to collective bargaining between | 51387 |
| the public employer and the exclusive representative, except as | 51388 |
| otherwise specified in this section and division (E) of section | 51389 |
| 4117.03 of the Revised Code. | 51390 |
| (B) The conduct and grading of civil service examinations, | 51391 |
| the rating of candidates, the establishment of eligible lists from | 51392 |
| the examinations, and the original appointments from the eligible | 51393 |
| lists are not appropriate subjects for collective bargaining. | 51394 |
| (C) Unless a public employer agrees otherwise in a collective | 51395 |
| bargaining agreement, nothing in Chapter 4117. of the Revised Code | 51396 |
| impairs the right and responsibility of each public employer to: | 51397 |
| (1) Determine matters of inherent managerial policy which | 51398 |
| include, but are not limited to areas of discretion or policy such | 51399 |
| as the functions and programs of the public employer, standards of | 51400 |
| services, its overall budget, utilization of technology, and | 51401 |
| organizational structure; | 51402 |
| (2) Direct, supervise, evaluate, or hire employees; | 51403 |
| (3) Maintain and improve the efficiency and effectiveness of | 51404 |
| governmental operations; | 51405 |
| (4) Determine the overall methods, process, means, or | 51406 |
| personnel by which governmental operations are to be conducted; | 51407 |
| (5) Suspend, discipline, demote, or discharge for just cause, | 51408 |
| or lay off, transfer, assign, schedule, promote, or retain | 51409 |
| employees; | 51410 |
| (6) Determine the adequacy of the work force; | 51411 |
| (7) Determine the overall mission of the employer as a unit | 51412 |
| of government; | 51413 |
| (8) Effectively manage the work force; | 51414 |
| (9) Take actions to carry out the mission of the public | 51415 |
| employer as a governmental unit. | 51416 |
| The employer is not required to bargain on subjects reserved | 51417 |
| to the management and direction of the governmental unit except as | 51418 |
| affect wages, hours, terms and conditions of employment, and the | 51419 |
| continuation, modification, or deletion of an existing provision | 51420 |
| of a collective bargaining agreement. A public employee or | 51421 |
| exclusive representative may raise a legitimate complaint or file | 51422 |
| a grievance based on the collective bargaining agreement. | 51423 |
| Section 130.03. Section 611.03 of Am. Sub. H.B. 66 of the | 51424 |
| 126th General Assembly is hereby repealed. | 51425 |
| Section 130.04. Existing sections 9.90, 9.901, 3313.202, | 51426 |
| 3313.33, and 4117.03 of the Revised Code are hereby repealed. | 51427 |
| Section 130.05. The Governor, the President of the Senate, | 51428 |
| and the Speaker of the House of Representatives each shall appoint | 51429 |
| one additional member to the School Employees Health Care Board | 51430 |
| created pursuant to section 9.901 of the Revised Code. The terms | 51431 |
| of these additional members as well as the terms of the current | 51432 |
| members shall end on December 31, 2010. Thereafter, terms of | 51433 |
| office shall be as specified in section 9.901 of the Revised Code | 51434 |
| as it results from its amendment by this act. The three additional | 51435 |
| members each shall be representative of nonadministrative public | 51436 |
| school employees. | 51437 |
| Section 201.01. Except as otherwise provided in this act, | 51438 |
| all appropriation items in this act are appropriated out of any | 51439 |
| moneys in the state treasury to the credit of the designated fund | 51440 |
| that are not otherwise appropriated. For all appropriations made | 51441 |
| in this act, the amounts in the first column are for fiscal year | 51442 |
| 2008 and the amounts in the second column are for fiscal year | 51443 |
| 2009. | 51444 |
| Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO | 51445 |
| General Services Fund Group | 51446 |
| 4J8 | 889-601 | CPA Education Assistance | $ | 325,000 | $ | 325,000 | 51447 | ||||
| 4K9 | 889-609 | Operating Expenses | $ | 1,092,246 | $ | 1,117,000 | 51448 | ||||
| TOTAL GSF General Services Fund | 51449 | ||||||||||
| Group | $ | 1,417,246 | $ | 1,442,000 | 51450 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,417,246 | $ | 1,442,000 | 51451 | ||||||
| Section 205.10. ADJ ADJUTANT GENERAL | 51453 |
| General Revenue Fund | 51454 |
| GRF | 745-401 | Ohio Military Reserve | $ | 15,188 | $ | 15,188 | 51455 | ||||
| GRF | 745-404 | Air National Guard | $ | 2,246,005 | $ | 2,284,198 | 51456 | ||||
| GRF | 745-407 | National Guard Benefits | $ | 1,400,000 | $ | 1,400,000 | 51457 | ||||
| GRF | 745-409 | Central Administration | $ | 4,295,778 | $ | 4,460,069 | 51458 | ||||
| GRF | 745-499 | Army National Guard | $ | 5,064,836 | $ | 5,169,368 | 51459 | ||||
| GRF | 745-502 | Ohio National Guard Unit Fund | $ | 102,973 | $ | 102,973 | 51460 | ||||
| TOTAL GRF General Revenue Fund | $ | 13,124,780 | $ | 13,431,796 | 51461 | ||||||
| General Services Fund Group | 51462 |
| 534 | 745-612 | Property Operations/Management | $ | 534,304 | $ | 534,304 | 51463 | ||||
| 536 | 745-620 | Camp Perry/Buckeye Inn Operations | $ | 1,202,970 | $ | 1,202,970 | 51464 | ||||
| 537 | 745-604 | Ohio National Guard Facility Maintenance | $ | 269,826 | $ | 269,826 | 51465 | ||||
| TOTAL GSF General Services Fund Group | $ | 2,007,100 | $ | 2,007,100 | 51466 | ||||||
| Federal Special Revenue Fund Group | 51467 |
| 3E8 | 745-628 | Air National Guard Agreement | $ | 14,100,000 | $ | 14,906,820 | 51468 | ||||
| 3R8 | 745-603 | Counter Drug Operations | $ | 25,000 | $ | 25,000 | 51469 | ||||
| 341 | 745-615 | Air National Guard Base Security | $ | 2,497,480 | $ | 2,729,939 | 51470 | ||||
| 342 | 745-616 | Army National Guard Agreement | $ | 10,146,178 | $ | 10,590,050 | 51471 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 26,768,658 | $ | 28,251,809 | 51472 | ||||||
| State Special Revenue Fund Group | 51473 |
| 5U8 | 745-613 | Community Match Armories | $ | 220,000 | $ | 220,000 | 51474 | ||||
| 528 | 745-605 | Marksmanship Activities | $ | 128,600 | $ | 128,600 | 51475 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 348,600 | $ | 348,600 | 51476 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 42,249,138 | $ | 44,039,305 | 51477 |
| NATIONAL GUARD BENEFITS | 51478 |
| The foregoing appropriation item 745-407, National Guard | 51479 |
| Benefits, shall be used for purposes of sections 5919.31 and | 51480 |
| 5919.33 of the Revised Code, and for administrative costs of the | 51481 |
| associated programs. | 51482 |
| For active duty members of the Ohio National Guard who died | 51483 |
| after October 7, 2001, while performing active duty, the death | 51484 |
| benefit, pursuant to section 5919.33 of the Revised Code, shall be | 51485 |
| paid to the beneficiary or beneficiaries designated on the | 51486 |
| member's Servicemembers' Group Life Insurance Policy. | 51487 |
| STATE ACTIVE DUTY COSTS | 51488 |
| Of the foregoing appropriation item 745-409, Central | 51489 |
| Administration, $50,000 in each fiscal year shall be used for the | 51490 |
| purpose of paying expenses related to state active duty of members | 51491 |
| of the Ohio organized militia, in accordance with a proclamation | 51492 |
| of the Governor. Expenses include, but are not limited to, the | 51493 |
| cost of equipment, supplies, and services, as determined by the | 51494 |
| Adjutant General's Department. | 51495 |
| Of the foregoing appropriation item 745-409, Central | 51496 |
| Administration, up to $60,000 in each fiscal year of unspent and | 51497 |
| unencumbered funds remaining after meeting all other obligations | 51498 |
| of this appropriation shall be used for a grant to the American | 51499 |
| Red Cross Greater Columbus Chapter to be distributed equally to | 51500 |
| the Ohio chapters in existence on the effective date of this | 51501 |
| section. The funds from this grant shall be used for the Armed | 51502 |
| Forces Emergency Services program of the American Red Cross in | 51503 |
| Ohio to support members of the military and their families. Upon | 51504 |
| distribution of the funds, the American Red Cross Greater Columbus | 51505 |
| Chapter shall report to the Adjutant General on the actual | 51506 |
| distribution to the various chapters and any administrative costs | 51507 |
| associated with the distribution. | 51508 |
| Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES | 51509 |
| General Revenue Fund | 51510 |
| GRF | 100-403 | Public School Employee Benefits | $ | 1,425,000 | $ | 1,425,000 | 51511 | ||||
| GRF | 100-404 | CRP Procurement Program | $ | 255,000 | $ | 255,000 | 51512 | ||||
| GRF | 100-405 | Agency Audit Expenses | $ | 300,000 | $ | 300,000 | 51513 | ||||
| GRF | 100-406 | County & University Human Resources Services | $ | 875,000 | $ | 875,000 | 51514 | ||||
| GRF | 100-410 | Veterans' Records Conversion | $ | 46,170 | $ | 46,171 | 51515 | ||||
| GRF | 100-415 | OAKS Rental Payments | $ | 14,162,000 | $ | 14,165,000 | 51516 | ||||
| GRF | 100-418 | Web Sites and Business Gateway | $ | 3,270,473 | $ | 3,270,083 | 51517 | ||||
| GRF | 100-419 | IT Security Infrastructure | $ | 1,500,000 | $ | 1,500,000 | 51518 | ||||
| GRF | 100-421 | OAKS Project Implementation | $ | 375,000 | $ | 375,000 | 51519 | ||||
| GRF | 100-433 | State of Ohio Computer Center | $ | 4,800,000 | $ | 4,825,000 | 51520 | ||||
| GRF | 100-439 | Equal Opportunity Certification Programs | $ | 705,000 | $ | 705,000 | 51521 | ||||
| GRF | 100-447 | OBA - Building Rent Payments | $ | 107,803,008 | $ | 103,282,108 | 51522 | ||||
| GRF | 100-448 | OBA - Building Operating Payments | $ | 26,457,000 | $ | 27,303,000 | 51523 | ||||
| GRF | 100-449 | DAS - Building Operating Payments | $ | 3,769,510 | $ | 3,834,871 | 51524 | ||||
| GRF | 100-451 | Minority Affairs | $ | 52,927 | $ | 52,927 | 51525 | ||||
| GRF | 100-734 | Major Maintenance - State Bldgs | $ | 42,000 | $ | 42,000 | 51526 | ||||
| GRF | 102-321 | Construction Compliance | $ | 1,000,000 | $ | 1,000,000 | 51527 | ||||
| GRF | 130-321 | State Agency Support Services | $ | 6,000,000 | $ | 6,250,000 | 51528 | ||||
| TOTAL GRF General Revenue Fund | $ | 172,838,088 | $ | 169,506,160 | 51529 | ||||||
| General Services Fund Group | 51530 |
| 112 | 100-616 | DAS Administration | $ | 5,299,427 | $ | 5,299,427 | 51531 | ||||
| 115 | 100-632 | Central Service Agency | $ | 860,878 | $ | 928,403 | 51532 | ||||
| 117 | 100-644 | General Services Division - Operating | $ | 8,295,772 | $ | 8,540,772 | 51533 | ||||
| 122 | 100-637 | Fleet Management | $ | 2,182,968 | $ | 2,032,968 | 51534 | ||||
| 125 | 100-622 | Human Resources Division - Operating | $ | 19,890,614 | $ | 20,560,614 | 51535 | ||||
| 128 | 100-620 | Collective Bargaining | $ | 3,464,533 | $ | 3,662,534 | 51536 | ||||
| 130 | 100-606 | Risk Management Reserve | $ | 2,568,548 | $ | 2,568,548 | 51537 | ||||
| 131 | 100-639 | State Architect's Office | $ | 7,348,483 | $ | 7,544,164 | 51538 | ||||
| 132 | 100-631 | DAS Building Management | $ | 9,716,228 | $ | 10,166,228 | 51539 | ||||
| 133 | 100-607 | IT Services Delivery | $ | 72,539,887 | $ | 75,847,949 | 51540 | ||||
| 188 | 100-649 | Equal Opportunity Division - Operating | $ | 847,409 | $ | 884,650 | 51541 | ||||
| 201 | 100-653 | General Services Resale Merchandise | $ | 1,553,000 | $ | 1,553,000 | 51542 | ||||
| 210 | 100-612 | State Printing | $ | 5,681,421 | $ | 5,436,421 | 51543 | ||||
| 229 | 100-630 | IT Governance | $ | 17,108,546 | $ | 17,108,546 | 51544 | ||||
| 4N6 | 100-617 | Major IT Purchases | $ | 7,495,719 | $ | 7,495,719 | 51545 | ||||
| 4P3 | 100-603 | DAS Information Services | $ | 4,793,190 | $ | 4,958,218 | 51546 | ||||
| 427 | 100-602 | Investment Recovery | $ | 5,683,564 | $ | 5,683,564 | 51547 | ||||
| 5C2 | 100-605 | MARCS Administration | $ | 11,069,291 | $ | 11,069,291 | 51548 | ||||
| 5C3 | 100-608 | Skilled Trades | $ | 934,982 | $ | 934,982 | 51549 | ||||
| 5D7 | 100-621 | Workforce Development | $ | 70,000 | $ | 0 | 51550 | ||||
| 5EB | 100-635 | OAKS Support Organization | $ | 19,132,671 | $ | 19,132,671 | 51551 | ||||
| 5L7 | 100-610 | Professional Development | $ | 3,900,000 | $ | 3,900,000 | 51552 | ||||
| 5V6 | 100-619 | Employee Educational Development | $ | 936,129 | $ | 936,129 | 51553 | ||||
| 5X3 | 100-634 | Centralized Gateway Enhancement | $ | 974,023 | $ | 974,023 | 51554 | ||||
| TOTAL GSF General Services Fund | 51555 | ||||||||||
| Group | $ | 212,347,283 | $ | 217,218,821 | 51556 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 385,185,371 | $ | 386,724,981 | 51557 |
| Section 207.10.10. PUBLIC SCHOOL EMPLOYEE BENEFITS | 51559 |
| The foregoing appropriation item 100-403, Public School | 51560 |
| Employee Benefits, shall be used by the School Employees Health | 51561 |
| Care Board to hire staff to provide administrative support to the | 51562 |
| Board and other lawful uses of said fund as prescribed under | 51563 |
| section 9.901 of the Revised Code. This section succeeds Section | 51564 |
| 203.12.02 of Am. Sub. H.B. 66 of the 126th General Assembly. | 51565 |
| Section 207.10.20. AGENCY AUDIT EXPENSES | 51566 |
| The foregoing appropriation item 100-405, Agency Audit | 51567 |
| Expenses, shall be used for auditing expenses designated in | 51568 |
| division (A)(1) of section 117.13 of the Revised Code for those | 51569 |
| state agencies audited on a biennial basis. | 51570 |
| Section 207.10.30. OAKS RENTAL PAYMENTS | 51571 |
| The foregoing appropriation item 100-415, OAKS Rental | 51572 |
| Payments, shall be used for payments for the period from July 1, | 51573 |
| 2007, through June 30, 2009, pursuant to leases and agreements | 51574 |
| entered into under Chapter 125. of the Revised Code, as | 51575 |
| supplemented by Section 403.10 of Am. Sub. H.B. 530 of the 126th | 51576 |
| General Assembly with respect to financing the costs associated | 51577 |
| with the acquisition, development, installation, and | 51578 |
| implementation of the Ohio Administrative Knowledge System. If it | 51579 |
| is determined that additional appropriations are necessary for | 51580 |
| this purpose, the amounts are hereby appropriated. | 51581 |
| Section 207.10.40. BUILDING RENT PAYMENTS | 51582 |
| The foregoing appropriation item 100-447, OBA - Building Rent | 51583 |
| Payments, shall be used to meet all payments at the times they are | 51584 |
| required to be made during the period from July 1, 2007, to June | 51585 |
| 30, 2009, by the Department of Administrative Services to the Ohio | 51586 |
| Building Authority pursuant to leases and agreements under Chapter | 51587 |
| 152. of the Revised Code. These appropriations are the source of | 51588 |
| funds pledged for bond service charges on obligations issued | 51589 |
| pursuant to Chapter 152. of the Revised Code. | 51590 |
| The foregoing appropriation item 100-448, OBA - Building | 51591 |
| Operating Payments, shall be used to meet all payments at the | 51592 |
| times that they are required to be made during the period from | 51593 |
| July 1, 2007, to June 30, 2009, by the Department of | 51594 |
| Administrative Services to the Ohio Building Authority pursuant to | 51595 |
| leases and agreements under Chapter 152. of the Revised Code, but | 51596 |
| limited to the aggregate amount of $53,760,000. | 51597 |
| The payments to the Ohio Building Authority are for the | 51598 |
| purpose of paying the expenses of agencies that occupy space in | 51599 |
| the various state facilities. The Department of Administrative | 51600 |
| Services may enter into leases and agreements with the Ohio | 51601 |
| Building Authority providing for the payment of these expenses. | 51602 |
| The Ohio Building Authority shall report to the Department of | 51603 |
| Administrative Services and the Office of Budget and Management | 51604 |
| not later than five months after the start of a fiscal year the | 51605 |
| actual expenses incurred by the Ohio Building Authority in | 51606 |
| operating the facilities and any balances remaining from payments | 51607 |
| and rentals received in the prior fiscal year. The Department of | 51608 |
| Administrative Services shall reduce subsequent payments by the | 51609 |
| amount of the balance reported to it by the Ohio Building | 51610 |
| Authority. | 51611 |
| Section 207.10.50. DAS - BUILDING OPERATING PAYMENTS | 51612 |
| The foregoing appropriation item 100-449, DAS - Building | 51613 |
| Operating Payments, shall be used to pay the rent expenses of | 51614 |
| veterans organizations pursuant to section 123.024 of the Revised | 51615 |
| Code in fiscal years 2008 and 2009. | 51616 |
| The foregoing appropriation item, 100-449, DAS - Building | 51617 |
| Operating Payments, may be used to provide funding for the cost of | 51618 |
| property appraisals or building studies that the Department of | 51619 |
| Administrative Services may be required to obtain for property | 51620 |
| that is being sold by the state or property under consideration to | 51621 |
| be renovated or purchased by the state. | 51622 |
| Notwithstanding section 125.28 of the Revised Code, the | 51623 |
| remaining portion of the appropriation may be used to pay the | 51624 |
| operating expenses of state facilities maintained by the | 51625 |
| Department of Administrative Services that are not billed to | 51626 |
| building tenants. These expenses may include, but are not limited | 51627 |
| to, the costs for vacant space and space undergoing renovation, | 51628 |
| and the rent expenses of tenants that are relocated due to | 51629 |
| building renovations. These payments shall be processed by the | 51630 |
| Department of Administrative Services through intrastate transfer | 51631 |
| vouchers and placed in the Building Management Fund (Fund 132). | 51632 |
| Section 207.10.60. CENTRAL SERVICE AGENCY FUND | 51633 |
| The Department of Administrative Services shall not allocate | 51634 |
| annual costs for maintaining an automated application for the | 51635 |
| professional licensing boards and for the costs of supporting | 51636 |
| licensing functions in excess of the amounts allocated for these | 51637 |
| purposes for fiscal year 2007. The charges shall be billed to the | 51638 |
| professional licensing boards and deposited via intrastate | 51639 |
| transfer vouchers to the credit of the Central Service Agency Fund | 51640 |
| (Fund 115). | 51641 |
| Section 207.10.70. ELIMINATION OF THE VEHICLE LIABILITY FUND | 51642 |
| ASSETS | 51643 |
| (A) Effective July 1, 2007, the Vehicle Liability Fund (Fund | 51644 |
| 127) is abolished and its functions, assets, and liabilities are | 51645 |
| transferred to the Risk Management Reserve Fund (Fund 130). The | 51646 |
| Risk Management Reserve Fund is thereupon and thereafter successor | 51647 |
| to, assumes the obligations of, and otherwise constitutes the | 51648 |
| continuation of the Vehicle Liability Fund. | 51649 |
| Any business commenced but not completed with regard to the | 51650 |
| Vehicle Liability Fund on July 1, 2007, shall be completed with | 51651 |
| regard to the Risk Management Reserve Fund, in the same manner, | 51652 |
| and with the same effect, as if completed with regard to the | 51653 |
| Vehicle Liability Fund. No validation, cure, right, privilege, | 51654 |
| remedy, obligation, or liability is lost or impaired by reason of | 51655 |
| the transfer and shall be administered with regard to the Risk | 51656 |
| Management Reserve Fund. All of the rules, orders, and | 51657 |
| determinations associated with the Vehicle Liability Fund continue | 51658 |
| in effect as rules, orders, and determinations associated with the | 51659 |
| Risk Management Reserve Fund, until modified or rescinded by the | 51660 |
| Director of Administrative Services. If necessary to ensure the | 51661 |
| integrity of the Administrative Code, the Director of the | 51662 |
| Legislative Service Commission shall renumber the rules relating | 51663 |
| to the Vehicle Liability Fund to reflect its transfer to the Risk | 51664 |
| Management Reserve Fund. | 51665 |
| (B) Employees paid from the Vehicle Liability Fund shall be | 51666 |
| transferred to the Risk Management Reserve Fund or dismissed. | 51667 |
| Employees paid from the Vehicle Liability Fund so dismissed cease | 51668 |
| to hold their positions of employment on July 1, 2007. | 51669 |
| (C) No judicial or administrative action or proceeding by | 51670 |
| which the Vehicle Liability Fund is affected that is pending on | 51671 |
| July 1, 2007, is affected by the transfer of functions under | 51672 |
| division (A) of this section. The action or proceeding shall be | 51673 |
| prosecuted or defended on behalf of the Risk Management Reserve | 51674 |
| Fund and the Risk Management Reserve Fund upon application to the | 51675 |
| court or agency shall be substituted for the Vehicle Liability | 51676 |
| Fund as affected by the action or proceeding. | 51677 |
| (D) On and after July 1, 2007, when the Vehicle Liability | 51678 |
| Fund is referred to in any statute, rule, contract, grant, or | 51679 |
| other document, the reference is hereby deemed to refer to the | 51680 |
| Risk Management Reserve Fund. | 51681 |
| Section 207.10.80. TRANSFER OF VEHICLE LIABILITY FUND ASSETS | 51682 |
| On and after July 1, 2007, notwithstanding any provision to | 51683 |
| the contrary, the Director of Budget and Management is authorized | 51684 |
| to take the actions and effectuate the budget changes made | 51685 |
| necessary by administrative reorganization, program transfers, the | 51686 |
| creation of new funds, and the consolidation of funds required for | 51687 |
| the transfer of the Vehicle Liability Fund Assets to the Risk | 51688 |
| Management Reserve Fund. The Director of Budget and Management may | 51689 |
| make any transfer of cash balances between funds. At the request | 51690 |
| of the Director of Budget and Management, the Director of | 51691 |
| Administrative Services shall certify to the Director of Budget | 51692 |
| and Management an estimate of the amount of the Vehicle Liability | 51693 |
| Fund cash balance to be transferred to the Risk Management Reserve | 51694 |
| Fund. The Director of Budget and Management may transfer the | 51695 |
| estimated amount when needed to make payments. Not more than | 51696 |
| thirty days after certifying the estimated amount, the Director of | 51697 |
| Administrative Services shall certify the final amount to the | 51698 |
| Director of Budget and Management. The Director of Budget and | 51699 |
| Management shall transfer the difference between any amount | 51700 |
| previously transferred and the certified final amount. The | 51701 |
| Director of Budget and Management may cancel encumbrances and | 51702 |
| re-establish encumbrances or parts of encumbrances of the Vehicle | 51703 |
| Liability Fund as needed in fiscal year 2008 in the Risk | 51704 |
| Management Reserve Fund for the same purposes. The appropriation | 51705 |
| authority necessary to re-establish such encumbrances in fiscal | 51706 |
| year 2008, as determined by the Director of Budget and Management, | 51707 |
| in appropriation item 100-606, Risk Management Reserve, is hereby | 51708 |
| appropriated. When re-established encumbrances or parts of | 51709 |
| re-established encumbrances of the Vehicle Liability Fund are | 51710 |
| canceled, the Director of Budget and Management shall reduce the | 51711 |
| appropriation for appropriation item 100-606, Risk Management | 51712 |
| Reserve, by the amount of the encumbrances canceled. The amounts | 51713 |
| canceled are hereby authorized. Any fiscal year 2007 unencumbered | 51714 |
| or unallotted appropriation for appropriation item 100-627, | 51715 |
| Vehicle Liability Insurance, may be transferred to appropriation | 51716 |
| item 100-606, Risk Management Reserve, to be used for the same | 51717 |
| purposes, as determined by the Director of Budget and Management. | 51718 |
| The amounts transferred are hereby appropriated. | 51719 |
| Section 207.10.90. COLLECTIVE BARGAINING ARBITRATION | 51720 |
| EXPENSES | 51721 |
| With approval of the Director of Budget and Management, the | 51722 |
| Department of Administrative Services may seek reimbursement from | 51723 |
| state agencies for the actual costs and expenses the department | 51724 |
| incurs in the collective bargaining arbitration process. The | 51725 |
| reimbursements shall be processed through intrastate transfer | 51726 |
| vouchers and placed in the Collective Bargaining Fund (Fund 128). | 51727 |
| Section 207.20.10. EQUAL OPPORTUNITY PROGRAM | 51728 |
| The Department of Administrative Services, with the approval | 51729 |
| of the Director of Budget and Management, shall establish charges | 51730 |
| for recovering the costs of administering the activities supported | 51731 |
| by the State EEO Fund (Fund 188). These charges shall be deposited | 51732 |
| to the credit of the State EEO Fund (Fund 188) upon payment made | 51733 |
| by state agencies, state-supported or state-assisted institutions | 51734 |
| of higher education, and tax-supported agencies, municipal | 51735 |
| corporations, and other political subdivisions of the state, for | 51736 |
| services rendered. | 51737 |
| Section 207.20.20. MERCHANDISE FOR RESALE | 51738 |
| The foregoing appropriation item 100-653, General Services | 51739 |
| Resale Merchandise, shall be used to account for merchandise for | 51740 |
| resale, which is administered by the General Services Division. | 51741 |
| Deposits to the fund may comprise the cost of merchandise for | 51742 |
| resale and shipping fees. | 51743 |
| Section 207.20.30. DAS INFORMATION SERVICES | 51744 |
| There is hereby established in the State Treasury the DAS | 51745 |
| Information Services Fund. The foregoing appropriation item | 51746 |
| 100-603, DAS Information Services, shall be used to pay the costs | 51747 |
| of providing information systems and services in the Department of | 51748 |
| Administrative Services. | 51749 |
| The Department of Administrative Services shall establish | 51750 |
| user charges for all information systems and services that are | 51751 |
| allowable in the statewide indirect cost allocation plan submitted | 51752 |
| annually to the United States Department of Health and Human | 51753 |
| Services. These charges shall comply with federal regulations and | 51754 |
| shall be deposited to the credit of the DAS Information Services | 51755 |
| Fund (Fund 4P3). | 51756 |
| Section 207.20.40. INVESTMENT RECOVERY FUND | 51757 |
| Notwithstanding division (B) of section 125.14 of the Revised | 51758 |
| Code, cash balances in the Investment Recovery Fund (Fund 427) may | 51759 |
| be used to support the operating expenses of the Federal Surplus | 51760 |
| Operating Program created in sections 125.84 to 125.90 of the | 51761 |
| Revised Code. | 51762 |
| Notwithstanding division (B) of section 125.14 of the Revised | 51763 |
| Code, cash balances in the Investment Recovery Fund may be used to | 51764 |
| support the operating expenses of the Asset Management Services | 51765 |
| Program, including, but not limited to, the cost of establishing | 51766 |
| and maintaining procedures for inventory records for state | 51767 |
| property as described in section 125.16 of the Revised Code. | 51768 |
| Of the foregoing appropriation item 100-602, Investment | 51769 |
| Recovery, up to $2,271,209 in fiscal year 2008 and up to | 51770 |
| $2,353,372 in fiscal year 2009 shall be used to pay the operating | 51771 |
| expenses of the State Surplus Property Program, the Surplus | 51772 |
| Federal Property Program, and the Asset Management Services | 51773 |
| Program under Chapter 125. of the Revised Code and this section. | 51774 |
| If additional appropriations are necessary for the operations of | 51775 |
| these programs, the Director of Administrative Services shall seek | 51776 |
| increased appropriations from the Controlling Board under section | 51777 |
| 131.35 of the Revised Code. | 51778 |
| Of the foregoing appropriation item 100-602, Investment | 51779 |
| Recovery, $3,412,355 in fiscal year 2008 and $3,330,192 in fiscal | 51780 |
| year 2009 shall be used to transfer proceeds from the sale of | 51781 |
| surplus property from the Investment Recovery Fund to non-General | 51782 |
| Revenue Funds under division (A)(2) of section 125.14 of the | 51783 |
| Revised Code. If it is determined by the Director of | 51784 |
| Administrative Services that additional appropriations are | 51785 |
| necessary for the transfer of such sale proceeds, the Director of | 51786 |
| Administrative Services may request the Director of Budget and | 51787 |
| Management to increase the amounts. Such amounts are hereby | 51788 |
| appropriated. | 51789 |
| Notwithstanding division (B) of section 125.14 of the Revised | 51790 |
| Code, the Director of Budget and Management, at the request of the | 51791 |
| Director of Administrative Services, shall transfer up to $500,000 | 51792 |
| of the amounts held for transfer to the General Revenue Fund from | 51793 |
| the Investment Recovery Fund to the State Architect's Fund (Fund | 51794 |
| 131) to provide operating cash. | 51795 |
| Section 207.20.50. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM | 51796 |
| Effective with the implementation of the Multi-Agency Radio | 51797 |
| Communications System, the State Chief Information Officer shall | 51798 |
| collect user fees from participants in the system. The State Chief | 51799 |
| Information Officer, with the advice of the Multi-Agency Radio | 51800 |
| Communications System Steering Committee and the Director of | 51801 |
| Budget and Management, shall determine the amount of the fees and | 51802 |
| the manner by which the fees shall be collected. Such user charges | 51803 |
| shall comply with the applicable cost principles issued by the | 51804 |
| federal Office of Management and Budget. All moneys from user | 51805 |
| charges and fees shall be deposited in the state treasury to the | 51806 |
| credit of the Multi-Agency Radio Communications System | 51807 |
| Administration Fund (Fund 5C2), which is hereby established in the | 51808 |
| state treasury. All interest income derived from the investment of | 51809 |
| the fund shall accrue to the fund. | 51810 |
| Section 207.20.60. WORKFORCE DEVELOPMENT FUND | 51811 |
| There is hereby established in the state treasury the | 51812 |
| Workforce Development Fund (Fund 5D7). The foregoing appropriation | 51813 |
| item 100-621, Workforce Development, shall be used to make | 51814 |
| payments from the fund. The fund shall be under the supervision of | 51815 |
| the Department of Administrative Services, which may adopt rules | 51816 |
| with regard to administration of the fund. The fund shall be used | 51817 |
| to pay the costs of any remaining obligations of the Workforce | 51818 |
| Development Program, in accordance with Article 37 of the contract | 51819 |
| between the State of Ohio and OCSEA/AFSCME, Local 11, abolished | 51820 |
| effective March 1, 2006. These costs include, but are not limited | 51821 |
| to, remaining grant obligations, payments for tuition | 51822 |
| reimbursement, contracted services and general overhead, and any | 51823 |
| settlement costs associated with the Statewide Cost Allocation | 51824 |
| Program (SWCAP). The program shall be administered in accordance | 51825 |
| with the contract. Revenues shall accrue to the fund as specified | 51826 |
| in the contract. The fund may be used to pay direct and indirect | 51827 |
| costs of the program that are attributable to staff, consultants, | 51828 |
| and service providers. All income derived from the investment of | 51829 |
| the fund shall accrue to the fund. | 51830 |
| If it is determined by the Director of Administrative | 51831 |
| Services that additional appropriation amounts are necessary, the | 51832 |
| Director of Administrative Services may request that the Director | 51833 |
| of Budget and Management increase such amounts. Such amounts are | 51834 |
| hereby appropriated. | 51835 |
| Section 207.20.70. OAKS SUPPORT ORGANIZATION | 51836 |
| The foregoing appropriation item 100-635, OAKS Support | 51837 |
| Organization, shall be used by the Office of Information | 51838 |
| Technology to support the operating costs associated with the | 51839 |
| implementation and maintenance of the state's enterprise resource | 51840 |
| planning system, OAKS, consistent with its responsibilities under | 51841 |
| this section and Chapters 125. and 126. of the Revised Code. The | 51842 |
| OAKS Support Organization shall operate and maintain the human | 51843 |
| capital management and financial management modules of the state's | 51844 |
| enterprise resource planning system to support statewide human | 51845 |
| resources and financial management activities administered by the | 51846 |
| Department of Administrative Services' human resources division | 51847 |
| and the Office of Budget and Management. The OAKS Support | 51848 |
| Organization shall recover the costs to establish, operate, and | 51849 |
| maintain the OAKS system through intrastate transfer voucher | 51850 |
| billings to the Department of Administrative Services and the | 51851 |
| Office of Budget and Management. Effective July 1, 2007, the | 51852 |
| Department of Administrative Services, with the approval of the | 51853 |
| Director of Budget and Management, shall include the recovery of | 51854 |
| the costs of administering the human capital management module of | 51855 |
| the OAKS System within the human resources services payroll rate. | 51856 |
| These revenues shall be deposited to the credit of the Human | 51857 |
| Resources Services Fund (Fund 125). Amounts deposited under this | 51858 |
| section are hereby appropriated to appropriation item 100-622, | 51859 |
| Human Resources Division-Operating. Not less than quarterly, the | 51860 |
| Department of Administrative Services shall process the intrastate | 51861 |
| transfer billings to transfer cash from the Human Resources | 51862 |
| Services Fund (Fund 125) to the OAKS Support Organization Fund | 51863 |
| (Fund 5EB) to pay for the OAKS Support Organization costs. | 51864 |
| Section 207.20.80. PROFESSIONAL DEVELOPMENT FUND | 51865 |
| The foregoing appropriation item 100-610, Professional | 51866 |
| Development, shall be used to make payments from the Professional | 51867 |
| Development Fund (Fund 5L7) under section 124.182 of the Revised | 51868 |
| Code. | 51869 |
| Section 207.20.90. EMPLOYEE EDUCATIONAL DEVELOPMENT | 51870 |
| There is hereby established in the state treasury the | 51871 |
| Employee Educational Development Fund (Fund 5V6). The foregoing | 51872 |
| appropriation item 100-619, Employee Educational Development, | 51873 |
| shall be used to make payments from the fund. The fund shall be | 51874 |
| used to pay the costs of the administration of educational | 51875 |
| programs per existing collective bargaining agreements with | 51876 |
| District 1199, the Health Care and Social Service Union; State | 51877 |
| Council of Professional Educators; Ohio Education Association and | 51878 |
| National Education Association; the Fraternal Order of Police Ohio | 51879 |
| Labor Council, Unit 2; and the Ohio State Troopers Association, | 51880 |
| Units 1 and 15. The fund shall be under the supervision of the | 51881 |
| Department of Administrative Services, which may adopt rules with | 51882 |
| regard to administration of the fund. The fund shall be | 51883 |
| administered in accordance with the applicable sections of the | 51884 |
| collective bargaining agreements between the State and the | 51885 |
| aforementioned unions. The Department of Administrative Services, | 51886 |
| with the approval of the Director of Budget and Management, shall | 51887 |
| establish charges for recovering the costs of administering the | 51888 |
| educational programs. Receipts for these charges shall be | 51889 |
| deposited into the Employee Educational Development Fund. All | 51890 |
| income derived from the investment of the funds shall accrue to | 51891 |
| the fund. | 51892 |
| If it is determined by the Director of Administrative | 51893 |
| Services that additional appropriation amounts are necessary, the | 51894 |
| Director of Administrative Services may request that the Director | 51895 |
| of Budget and Management increase such amounts. Such amounts are | 51896 |
| hereby appropriated with the approval of the Director of Budget | 51897 |
| and Management. | 51898 |
| Section 207.30.10. CENTRALIZED GATEWAY ENHANCEMENTS FUND | 51899 |
| (A) As used in this section, "Ohio Business Gateway" refers | 51900 |
| to the internet-based system operated by the Office of Information | 51901 |
| Technology with the advice of the Ohio Business Gateway Steering | 51902 |
| Committee established under section 5703.57 of the Revised Code. | 51903 |
| The Ohio Business Gateway is established to provide businesses a | 51904 |
| central web site where various filings and payments are submitted | 51905 |
| on-line to government. The information is then distributed to the | 51906 |
| various government entities that interact with the business | 51907 |
| community. | 51908 |
| (B) As used in this section: | 51909 |
| (1) "State Portal" refers to the official web site of the | 51910 |
| state, operated by the Office of Information Technology. | 51911 |
| (2) "Shared Hosting Environment" refers to the computerized | 51912 |
| system operated by the Office of Information Technology for the | 51913 |
| purpose of providing capability for state agencies to host web | 51914 |
| sites. | 51915 |
| (C) There is hereby created in the state treasury the | 51916 |
| Centralized Gateway Enhancements Fund (Fund 5X3). The foregoing | 51917 |
| appropriation item 100-634, Centralized Gateway Enhancements, | 51918 |
| shall be used by the Office of Information Technology to pay the | 51919 |
| costs of enhancing, expanding, and operating the infrastructure of | 51920 |
| the Ohio Business Gateway, State Portal, and Shared Hosting | 51921 |
| Environment. The State Chief Information Officer shall submit | 51922 |
| periodic spending plans to the Director of Budget and Management | 51923 |
| to justify operating transfers to the fund from the General | 51924 |
| Revenue Fund. Upon approval, the Director of Budget and Management | 51925 |
| shall transfer approved amounts to the fund, not to exceed the | 51926 |
| amount of the annual appropriation in each fiscal year. The | 51927 |
| spending plans may be based on the recommendations of the Ohio | 51928 |
| Business Gateway Steering Committee or its successor. | 51929 |
| Section 207.30.20. MAJOR IT PURCHASES | 51930 |
| The State Chief Information Officer shall compute the amount | 51931 |
| of revenue attributable to the amortization of all equipment | 51932 |
| purchases and capitalized systems from appropriation item 100-607, | 51933 |
| IT Service Delivery; appropriation item 100-617, Major IT | 51934 |
| Purchases; and appropriation item CAP-837, Major IT Purchases, | 51935 |
| which is recovered by the Office of Information Technology as part | 51936 |
| of the rates charged by the IT Service Delivery Fund (Fund 133) | 51937 |
| created in section 125.15 of the Revised Code. The Director of | 51938 |
| Budget and Management may transfer cash in an amount not to exceed | 51939 |
| the amount of amortization computed from the IT Service Delivery | 51940 |
| Fund (Fund 133) to the Major IT Purchases Fund (Fund 4N6). | 51941 |
| Section 207.30.30. INFORMATION TECHNOLOGY ASSESSMENT | 51942 |
| The State Chief Information Officer, with the approval of the | 51943 |
| Director of Budget and Management, may establish an information | 51944 |
| technology assessment for the purpose of recovering the cost of | 51945 |
| selected infrastructure and statewide programs. Such assessment | 51946 |
| shall comply with applicable cost principles issued by the federal | 51947 |
| Office of Management and Budget. The information technology | 51948 |
| assessment shall be charged to all organized bodies, offices, or | 51949 |
| agencies established by the laws of the state for the exercise of | 51950 |
| any function of state government except for the General Assembly, | 51951 |
| any legislative agency, the Supreme Court, the other courts of | 51952 |
| record in Ohio, or any judicial agency, the Adjutant General, the | 51953 |
| Bureau of Workers' Compensation, and institutions administered by | 51954 |
| a board of trustees. Any state-entity exempted by this section may | 51955 |
| utilize the infrastructure or statewide program by participating | 51956 |
| in the information technology assessment. All charges for the | 51957 |
| information technology assessment shall be deposited to the credit | 51958 |
| of the IT Governance Fund (Fund 229). | 51959 |
| Section 207.30.40. MULTI-AGENCY RADIO COMMUNICATION SYSTEM | 51960 |
| DEBT SERVICE PAYMENTS | 51961 |
| The Director of Administrative Services, in consultation with | 51962 |
| the Multi-Agency Radio Communication System (MARCS) Steering | 51963 |
| Committee and the Director of Budget and Management, shall | 51964 |
| determine the share of debt service payments attributable to | 51965 |
| spending for MARCS components that are not specific to any one | 51966 |
| agency and that shall be charged to agencies supported by the | 51967 |
| motor fuel tax. Such share of debt service payments shall be | 51968 |
| calculated for MARCS capital disbursements made beginning July 1, | 51969 |
| 1997. Within thirty days of any payment made from appropriation | 51970 |
| item 100-447, OBA - Building Rent Payments, the Director of | 51971 |
| Administrative Services shall certify to the Director of Budget | 51972 |
| and Management the amount of this share. The Director of Budget | 51973 |
| and Management shall transfer such amounts to the General Revenue | 51974 |
| Fund from the State Highway Safety Fund (Fund 036) established in | 51975 |
| section 4501.06 of the Revised Code. | 51976 |
| The State Chief Information Officer shall consider renting or | 51977 |
| leasing existing tower sites at reasonable or current market | 51978 |
| rates, so long as these existing sites are equipped with the | 51979 |
| technical capabilities to support the MARCS project. | 51980 |
| Section 207.30.50. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY | 51981 |
| Whenever the Director of Administrative Services declares a | 51982 |
| "public exigency," as provided in division (C) of section 123.15 | 51983 |
| of the Revised Code, the Director shall also notify the members of | 51984 |
| the Controlling Board. | 51985 |
| Section 207.30.60. GENERAL SERVICE CHARGES | 51986 |
| The Department of Administrative Services, with the approval | 51987 |
| of the Director of Budget and Management, shall establish charges | 51988 |
| for recovering the costs of administering the programs in the | 51989 |
| General Services Fund (Fund 117) and the State Printing Fund (Fund | 51990 |
| 210). | 51991 |
| Section 207.30.70. STATE ENERGY SERVICES PROGRAM | 51992 |
| Within 30 days after the effective date of this section, or | 51993 |
| as soon possible thereafter, the Director of Administrative | 51994 |
| Services shall certify the remaining cash in the Federal Special | 51995 |
| Revenue Fund (Fund 307) to the Director of Budget and Management, | 51996 |
| who shall transfer that amount to the State Architect's Office | 51997 |
| (Fund 131). The cash shall be used to operate the state's energy | 51998 |
| services program. | 51999 |
| Within thirty days after the effective date of this section, | 52000 |
| or as soon as possible thereafter, the Director of Administrative | 52001 |
| Services shall certify the remaining cash in the Energy Grants | 52002 |
| Fund (Fund 5A8) to the Director of Budget and Management, who | 52003 |
| shall transfer that amount to the State Architect's Office (Fund | 52004 |
| 131). The cash shall be used to operate the state's energy | 52005 |
| services program. | 52006 |
| Section 207.30.80. FEDERAL GRANTS OGRIP | 52007 |
| As soon as possible on or after July 1, 2007, the Director of | 52008 |
| Budget and Management may transfer cash in the amount of | 52009 |
| $15,072.03 from the Federal Grants OGRIP Fund (Fund 3H6) to the | 52010 |
| General Revenue Fund. | 52011 |
| Section 209.10. AAM COMMISSION ON AFRICAN AMERICAN MALES | 52012 |
| General Revenue Fund | 52013 |
| GRF | 036-100 | Personal Services | $ | 235,091 | $ | 235,091 | 52014 | ||||
| GRF | 036-200 | Maintenance | $ | 29,000 | $ | 29,000 | 52015 | ||||
| GRF | 036-300 | Equipment | $ | 1,000 | $ | 1,000 | 52016 | ||||
| GRF | 036-502 | Community Projects | $ | 516,909 | $ | 1,016,909 | 52017 | ||||
| TOTAL GRF General Revenue Fund | $ | 782,000 | $ | 1,282,000 | 52018 | ||||||
| State Special Revenue Fund Group | 52019 |
| 4H3 | 036-601 | Commission on African American Males - Gifts/Grants | $ | 10,000 | $ | 10,000 | 52020 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 10,000 | $ | 10,000 | 52021 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 792,000 | $ | 1,292,000 | 52022 | ||||||
| CAAM STRATEGIC PLAN | 52023 |
| The Commission on African American Males shall develop a | 52024 |
| strategic plan to accomplish the tasks put forth in section | 52025 |
| 4112.13 of the Revised Code. | 52026 |
| On January 1, 2008, or as soon as possible thereafter, the | 52027 |
| Director of the Commission on African American Males shall submit | 52028 |
| a strategic plan for the use of $500,000 in fiscal year 2008 and | 52029 |
| $1,000,000 in fiscal year 2009 to the Governor, the President of | 52030 |
| the Senate, the Minority Leader of the Senate, the Speaker of the | 52031 |
| House of Representatives, and the Minority Leader of the House of | 52032 |
| Representatives. | 52033 |
| Not later than June 30, 2009, the Commission on African | 52034 |
| American Males shall submit a report on the impacts and outcomes | 52035 |
| of the strategic plan to the Governor, the President of the | 52036 |
| Senate, the Minority Leader of the Senate, the Speaker of the | 52037 |
| House of Representatives, and the Minority Leader of the House of | 52038 |
| Representatives. | 52039 |
| Section 211.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW | 52040 |
| General Revenue Fund | 52041 |
| GRF | 029-321 | Operating Expenses | $ | 397,000 | $ | 403,000 | 52042 | ||||
| TOTAL GRF General Revenue Fund | $ | 397,000 | $ | 403,000 | 52043 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 397,000 | $ | 403,000 | 52044 | ||||||
| OPERATING | 52045 |
| The Chief Administrative Officer of the House of | 52046 |
| Representatives and the Clerk of the Senate shall determine, by | 52047 |
| mutual agreement, which of them shall act as fiscal agent for the | 52048 |
| Joint Committee on Agency Rule Review. | 52049 |
| OPERATING EXPENSES | 52050 |
| On July 1, 2007, or as soon as possible thereafter, the | 52051 |
| designated fiscal agent shall certify to the Director of Budget | 52052 |
| and Management the total fiscal year 2007 unencumbered | 52053 |
| appropriations in appropriation item 029-321, Operating Expenses. | 52054 |
| The designated fiscal agent may direct the Director of Budget and | 52055 |
| Management to transfer an amount not to exceed the total fiscal | 52056 |
| year 2007 unencumbered appropriations to fiscal year 2008 for use | 52057 |
| in appropriation item 029-321, Operating Expenses. Additional | 52058 |
| appropriation authority equal to the amount certified by the | 52059 |
| designated fiscal agent is hereby appropriated to appropriation | 52060 |
| item 029-321, Operating Expenses, in fiscal year 2008. | 52061 |
| On July 1, 2008, or as soon as possible thereafter, the | 52062 |
| designated fiscal agent shall certify to the Director of Budget | 52063 |
| and Management the total fiscal year 2008 unencumbered | 52064 |
| appropriations in appropriation item 029-321, Operating Expenses. | 52065 |
| The designated fiscal agent may direct the Director of Budget and | 52066 |
| Management to transfer an amount not to exceed the total fiscal | 52067 |
| year 2008 unencumbered appropriations to fiscal year 2009 for use | 52068 |
| in appropriation item 029-321, Operating Expenses. Additional | 52069 |
| appropriation authority equal to the amount certified by the | 52070 |
| designated fiscal agent is hereby appropriated to appropriation | 52071 |
| item 029-321, Operating Expenses, in fiscal year 2009. | 52072 |
| Section 213.10. AGE DEPARTMENT OF AGING | 52073 |
| General Revenue Fund | 52074 |
| GRF | 490-321 | Operating Expenses | $ | 2,637,571 | $ | 2,637,271 | 52075 | ||||
| GRF | 490-403 | PASSPORT | $ | 128,391,189 | $ | 158,196,465 | 52076 | ||||
| GRF | 490-406 | Senior Olympics | $ | 14,856 | $ | 14,856 | 52077 | ||||
| GRF | 490-409 | Ohio Community Service Council Operations | $ | 183,792 | $ | 183,792 | 52078 | ||||
| GRF | 490-410 | Long-Term Care Ombudsman | $ | 654,965 | $ | 654,965 | 52079 | ||||
| GRF | 490-411 | Senior Community Services | $ | 10,349,439 | $ | 10,349,439 | 52080 | ||||
| GRF | 490-412 | Residential State Supplement | $ | 9,156,771 | $ | 9,156,771 | 52081 | ||||
| GRF | 490-414 | Alzheimers Respite | $ | 4,131,594 | $ | 4,131,594 | 52082 | ||||
| GRF | 490-416 | JCFS Community Options | $ | 250,000 | $ | 250,000 | 52083 | ||||
| GRF | 490-421 | PACE | $ | 10,214,809 | $ | 10,214,809 | 52084 | ||||
| GRF | 490-422 | Assisted Living Waiver | $ | 12,554,940 | $ | 15,213,890 | 52085 | ||||
| GRF | 490-506 | National Senior Service Corps | $ | 335,296 | $ | 335,296 | 52086 | ||||
| TOTAL GRF General Revenue Fund | $ | 178,875,222 | $ | 211,339,148 | 52087 | ||||||
| General Services Fund Group | 52088 |
| 480 | 490-606 | Senior Community Outreach and Education | $ | 372,677 | $ | 372,677 | 52089 | ||||
| TOTAL GSF General Services Fund | 52090 | ||||||||||
| Group | $ | 372,677 | $ | 372,677 | 52091 | ||||||
| Federal Special Revenue Fund Group | 52092 |
| 3C4 | 490-607 | PASSPORT | $ | 301,767,486 | $ | 301,274,172 | 52093 | ||||
| 3C4 | 490-621 | PACE-Federal | $ | 14,586,135 | $ | 14,586,135 | 52094 | ||||
| 3C4 | 490-622 | Assisted Living-Federal | $ | 14,972,892 | $ | 21,810,442 | 52095 | ||||
| 3M4 | 490-612 | Federal Independence Services | $ | 62,406,819 | $ | 63,655,080 | 52096 | ||||
| 3R7 | 490-617 | Ohio Community Service Council Programs | $ | 8,870,000 | $ | 8,870,000 | 52097 | ||||
| 322 | 490-618 | Federal Aging Grants | $ | 10,000,000 | $ | 10,200,000 | 52098 | ||||
| TOTAL FED Federal Special Revenue | 52099 | ||||||||||
| Fund Group | $ | 412,603,332 | ` | 420,395,829 | 52100 | ||||||
| State Special Revenue Fund Group | 52101 |
| 4C4 | 490-609 | Regional Long-Term Care Ombudsman Program | $ | 935,000 | $ | 935,000 | 52102 | ||||
| 4J4 | 490-610 | PASSPORT/Residential State Supplement | $ | 33,491,930 | $ | 33,263,984 | 52103 | ||||
| 4U9 | 490-602 | PASSPORT Fund | $ | 4,424,969 | $ | 4,424,969 | 52104 | ||||
| 5AA | 490-673 | Ohio's Best Rx Administration | $ | 1,184,154 | $ | 910,801 | 52105 | ||||
| 5BA | 490-620 | Ombudsman Support | $ | 600,000 | $ | 600,000 | 52106 | ||||
| 5K9 | 490-613 | Long Term Care Consumers Guide | $ | 820,400 | $ | 820,400 | 52107 | ||||
| 5W1 | 490-616 | Resident Services Coordinator Program | $ | 330,000 | $ | 330,000 | 52108 | ||||
| 624 | 490-604 | OCSC Community Support | $ | 470,000 | $ | 470,000 | 52109 | ||||
| TOTAL SSR State Special Revenue | 52110 | ||||||||||
| Fund Group | $ | 42,256,453 | $ | 41,755,154 | 52111 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 634,107,684 | $ | 673,862,808 | 52112 | ||||||
| Section 213.20. PRE-ADMISSION REVIEW FOR NURSING FACILITY | 52114 |
| ADMISSION | 52115 |
| Pursuant to an interagency agreement, the Department of Job | 52116 |
| and Family Services shall designate the Department of Aging to | 52117 |
| perform assessments under sections 173.42 and 5111.204 of the | 52118 |
| Revised Code. Of the foregoing appropriation item 490-403, | 52119 |
| PASSPORT, the Department of Aging may use not more than $2,731,000 | 52120 |
| in fiscal year 2008 and $2,813,000 in fiscal year 2009 to perform | 52121 |
| the assessments for persons not eligible for Medicaid under the | 52122 |
| department's interagency agreement with the Department of Job and | 52123 |
| Family Services and to assist individuals in planning for their | 52124 |
| long-term health care needs. | 52125 |
| PASSPORT | 52126 |
| Appropriation item 490-403, PASSPORT, and the amounts set | 52127 |
| aside for the PASSPORT Waiver Program in appropriation item | 52128 |
| 490-610, PASSPORT/Residential State Supplement, may be used to | 52129 |
| assess clients regardless of Medicaid eligibility. | 52130 |
| The Director of Aging shall adopt rules under section 111.15 | 52131 |
| of the Revised Code governing the nonwaiver funded PASSPORT | 52132 |
| program, including client eligibility. | 52133 |
| The Department of Aging shall administer the Medicaid | 52134 |
| waiver-funded PASSPORT Home Care Program as delegated by the | 52135 |
| Department of Job and Family Services in an interagency agreement. | 52136 |
| The foregoing appropriation item 490-403, PASSPORT, and the | 52137 |
| amounts set aside for the PASSPORT Waiver Program in appropriation | 52138 |
| item 490-610, PASSPORT/Residential State Supplement, shall be used | 52139 |
| to provide the required state match for federal Medicaid funds | 52140 |
| supporting the Medicaid Waiver-funded PASSPORT Home Care Program. | 52141 |
| Appropriation item 490-403, PASSPORT, and the amounts set aside | 52142 |
| for the PASSPORT Waiver Program in appropriation item 490-610, | 52143 |
| PASSPORT/Residential State Supplement, may also be used to support | 52144 |
| the Department of Aging's administrative costs associated with | 52145 |
| operating the PASSPORT program. | 52146 |
| The foregoing appropriation item 490-607, PASSPORT, shall be | 52147 |
| used to provide the federal matching share for all PASSPORT | 52148 |
| program costs determined by the Department of Job and Family | 52149 |
| Services to be eligible for Medicaid reimbursement. | 52150 |
| OHIO COMMUNITY SERVICE COUNCIL | 52151 |
| The foregoing appropriation items 490-409, Ohio Community | 52152 |
| Service Council Operations, and 490-617, Ohio Community Service | 52153 |
| Council Programs, shall be used in accordance with section 121.40 | 52154 |
| of the Revised Code. | 52155 |
| LONG-TERM CARE OMBUDSMAN | 52156 |
| The foregoing appropriation item 490-410, Long-Term Care | 52157 |
| Ombudsman, shall be used for a program to fund ombudsman program | 52158 |
| activities as authorized in sections 173.14 to 173.27 and section | 52159 |
| 173.99 of the Revised Code. | 52160 |
| SENIOR COMMUNITY SERVICES | 52161 |
| Appropriation item 490-411, Senior Community Services, shall | 52162 |
| be used for services designated by the Department of Aging, | 52163 |
| including, but not limited to, home-delivered and congregate | 52164 |
| meals, transportation services, personal care services, respite | 52165 |
| services, adult day services, home repair, care coordination, and | 52166 |
| decision support systems. Service priority shall be given to low | 52167 |
| income, frail, and cognitively impaired persons 60 years of age | 52168 |
| and over. The department shall promote cost sharing by service | 52169 |
| recipients for those services funded with senior community | 52170 |
| services funds, including, when possible, sliding-fee scale | 52171 |
| payment systems based on the income of service recipients. | 52172 |
| RESIDENTIAL STATE SUPPLEMENT | 52173 |
| Under the Residential State Supplement Program, the amount | 52174 |
| used to determine whether a resident is eligible for payment and | 52175 |
| for determining the amount per month the eligible resident will | 52176 |
| receive shall be as follows: | 52177 |
| (A) $900 for a residential care facility, as defined in | 52178 |
| section 3721.01 of the Revised Code; | 52179 |
| (B) $900 for an adult group home, as defined in Chapter 3722. | 52180 |
| of the Revised Code; | 52181 |
| (C) $800 for an adult foster home, as defined in Chapter 173. | 52182 |
| of the Revised Code; | 52183 |
| (D) $800 for an adult family home, as defined in Chapter | 52184 |
| 3722. of the Revised Code; | 52185 |
| (E) $800 for an adult community alternative home, as defined | 52186 |
| in Chapter 3724. of the Revised Code; | 52187 |
| (F) $800 for an adult residential facility, as defined in | 52188 |
| Chapter 5119. of the Revised Code; | 52189 |
| (G) $600 for adult community mental health housing services, | 52190 |
| as defined in division (B)(5) of section 173.35 of the Revised | 52191 |
| Code. | 52192 |
| The Departments of Aging and Job and Family Services shall | 52193 |
| reflect these amounts in any applicable rules the departments | 52194 |
| adopt under section 173.35 of the Revised Code. | 52195 |
| TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS | 52196 |
| The Department of Aging may transfer cash by intrastate | 52197 |
| transfer vouchers from the foregoing appropriation items 490-412, | 52198 |
| Residential State Supplement, and 490-610, PASSPORT/Residential | 52199 |
| State Supplement, to the Department of Job and Family Services' | 52200 |
| Fund 4J5, Home and Community-Based Services for the Aged Fund. The | 52201 |
| funds shall be used to make benefit payments to Residential State | 52202 |
| Supplement recipients. | 52203 |
| ALZHEIMERS RESPITE | 52204 |
| The foregoing appropriation item 490-414, Alzheimers Respite, | 52205 |
| shall be used to fund only Alzheimer's disease services under | 52206 |
| section 173.04 of the Revised Code. | 52207 |
| JCFS COMMUNITY OPTIONS | 52208 |
| The foregoing appropriation item 490-416, JCFS Community | 52209 |
| Options, shall be used for noncapital expenses related to | 52210 |
| transportation services for the elderly that provide access to | 52211 |
| such things as healthcare services, congregate meals, | 52212 |
| socialization programs, and grocery shopping. The funds shall pass | 52213 |
| through and shall be administered by the Area Agencies on Aging. | 52214 |
| Agencies receiving funding from appropriation item 490-416, JCFS | 52215 |
| Community Options, shall coordinate services with other local | 52216 |
| service agencies. The appropriation shall be allocated to the | 52217 |
| following agencies: | 52218 |
| (A) $80,000 in both fiscal years to Cincinnati Jewish | 52219 |
| Vocational Services; | 52220 |
| (B) $70,000 in both fiscal years to Wexner Heritage Village; | 52221 |
| (C) $20,000 in both fiscal years to Yassenoff Jewish | 52222 |
| Community Center; | 52223 |
| (D) $80,000 in both fiscal years to Cleveland Jewish | 52224 |
| Community Center. | 52225 |
| ALLOCATION OF PACE SLOTS | 52226 |
| In order to effectively administer and manage growth within | 52227 |
| the PACE Program, the Director of Aging may, as the director deems | 52228 |
| appropriate and to the extent funding is available, allocate funds | 52229 |
| for the PACE Program between the PACE sites in Cleveland and | 52230 |
| Cincinnati. | 52231 |
| OHIO'S BEST RX START-UP COSTS | 52232 |
| An amount equal to the unencumbered balance in appropriation | 52233 |
| item 490-440, Ohio's Best Rx Start-up Costs, from fiscal year 2007 | 52234 |
| is hereby appropriated for fiscal year 2008 into appropriation | 52235 |
| item 490-440, Ohio's Best Rx Start-up Costs. | 52236 |
| An amount equal to the remaining unencumbered balance in | 52237 |
| appropriation item 490-440, Ohio's Best Rx Start-Up Costs, from | 52238 |
| fiscal year 2008 is hereby appropriated for fiscal year 2009 into | 52239 |
| appropriation item 490-440, Ohio's Best Rx Start-Up Costs. The | 52240 |
| appropriation item 490-440, Ohio's Best Rx Start-Up Costs, shall | 52241 |
| be used by the Department of Aging to pay for the administrative | 52242 |
| and operational expenses of the Ohio's Best Rx Program in | 52243 |
| accordance with sections 173.71 to 173.91 of the Revised Code, | 52244 |
| including costs associated with the duties assigned by the | 52245 |
| department to the Ohio's Best Rx Program Administrator and for | 52246 |
| making payments to participating terminal distributors until | 52247 |
| sufficient cash exists to make payments from the accounts created | 52248 |
| in sections 173.85 and 173.86 of the Revised Code. Of | 52249 |
| appropriation item 490-440, Ohio's Best Rx Start-Up Costs, not | 52250 |
| more than $750,000 in each fiscal year may be used by the | 52251 |
| department for administrative and operational costs, excluding | 52252 |
| outreach, that are not associated with the Ohio's Best Rx Program | 52253 |
| Administrator or the payments to participating terminal | 52254 |
| distributors. | 52255 |
| EDUCATION AND TRAINING | 52256 |
| The foregoing appropriation item 490-606, Senior Community | 52257 |
| Outreach and Education, may be used to provide training to workers | 52258 |
| in the field of aging pursuant to division (G) of section 173.02 | 52259 |
| of the Revised Code. | 52260 |
| REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM | 52261 |
| The foregoing appropriation item 490-609, Regional Long-Term | 52262 |
| Care Ombudsman Program, shall be used solely to pay the costs of | 52263 |
| operating the regional long-term care ombudsman programs | 52264 |
| designated by the Long-Term Care Ombudsman. | 52265 |
| PASSPORT/RESIDENTIAL STATE SUPPLEMENT | 52266 |
| Of the foregoing appropriation item 490-610, | 52267 |
| PASSPORT/Residential State Supplement, up to $2,835,000 each | 52268 |
| fiscal year may be used to fund the Residential State Supplement | 52269 |
| Program. The remaining available funds shall be used to fund the | 52270 |
| PASSPORT program. | 52271 |
| FEDERAL SUPPORTIVE SERVICES FUND | 52272 |
| On July 1, 2007, as soon as possible thereafter, the Director | 52273 |
| of Budget and Management shall transfer all assets, liabilities, | 52274 |
| revenues, and obligations associated with the Federal Aging | 52275 |
| Nutrition Fund (Fund 3M3) to the Federal Supportive Services Fund | 52276 |
| (Fund 3M4). Upon the transfer, the Federal Aging Nutrition Fund | 52277 |
| (Fund 3M3) shall cease to exist. The Director of Budget and | 52278 |
| Management shall cancel any existing encumbrances against | 52279 |
| appropriation item 490-611, Federal Aging Nutrition Fund (Fund | 52280 |
| 3M3), and re-establish them against appropriation item 490-612, | 52281 |
| Federal Independence Services (Fund 3M4). The amounts of the | 52282 |
| re-established encumbrances are hereby appropriated. | 52283 |
| TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES | 52284 |
| AND FEDERAL AGING GRANTS | 52285 |
| Upon written request of the Director of Aging, the Director | 52286 |
| of Budget and Management may transfer appropriation authority | 52287 |
| among appropriation items 490-612, Federal Independence Services, | 52288 |
| and 490-618, Federal Aging Grants, in amounts not to exceed 30 per | 52289 |
| cent of the appropriation from which the transfer is made. The | 52290 |
| Department of Aging shall report a transfer to the Controlling | 52291 |
| Board at the next regularly scheduled meeting of the board. | 52292 |
| TRANSFER OF RESIDENT PROTECTION FUNDS | 52293 |
| The Director of Budget and Management shall transfer $600,000 | 52294 |
| per year in cash from Fund 4E3, Resident Protection Fund, in the | 52295 |
| Department of Job and Family Services, to Fund 5BA in the | 52296 |
| Department of Aging, to be used for the expansion of ombudsman | 52297 |
| services to enhance consumer involvement and person-centered care | 52298 |
| planning in nursing homes by the Office of the State Long-Term | 52299 |
| Care Ombudsman created by the Department of Aging under division | 52300 |
| (M) of section 173.01 of the Revised Code. | 52301 |
| OHIO'S BEST RX ADMINISTRATION | 52302 |
| The foregoing appropriation item 490-673, Ohio's Best Rx | 52303 |
| Administration, shall be used on an ongoing basis to cover | 52304 |
| expenses associated with the Ohio's Best Rx Program specified in | 52305 |
| section 173.86 of the Revised Code. If receipts to the fund exceed | 52306 |
| the appropriated amount, the Director of Aging may seek | 52307 |
| Controlling Board approval to increase the appropriation of this | 52308 |
| fund. Upon approval from the Controlling Board, the additional | 52309 |
| amounts are hereby appropriated. | 52310 |
| Section 213.30. UNIFIED LONG-TERM CARE BUDGET WORKGROUP | 52311 |
| (A) There is hereby created the Unified Long-Term Care Budget | 52312 |
| Workgroup consisting of the following: | 52313 |
| (1) The Director of Aging; | 52314 |
| (2) Consumer advocates; | 52315 |
| (3) Representatives of the provider community; | 52316 |
| (4) State policy makers. | 52317 |
| The Director of Aging shall serve as the chairperson of the | 52318 |
| Workgroup. | 52319 |
| (B) The Workgroup shall develop a unified long-term care | 52320 |
| budget that facilitates the following: | 52321 |
| (1) Providing a consumer a choice of services that meet the | 52322 |
| consumer's health care needs and improve the consumer's quality of | 52323 |
| life; | 52324 |
| (2) Providing a continuum of services that meet the needs of | 52325 |
| a consumer throughout life; | 52326 |
| (3) Consolidating policymaking authority and the associated | 52327 |
| budgets in a single entity to simplify the consumer's decision | 52328 |
| making and maximize the state's flexibility in meeting the | 52329 |
| consumer's needs; | 52330 |
| (4) Assuring the state has a system that is cost effective | 52331 |
| and links disparate services across agencies and jurisdictions. | 52332 |
| (C) The Workgroup shall submit a written implementation plan | 52333 |
| to the Governor not later than June 1, 2008. The plan shall | 52334 |
| incorporate the following: | 52335 |
| (1) Recommendations regarding the structure of the unified | 52336 |
| long-term care budget; | 52337 |
| (2) A plan outlining how funds can be transferred among | 52338 |
| involved agencies in a fiscally neutral manner; | 52339 |
| (3) Identification of the resources needed to implement the | 52340 |
| unified budget in a multiphase approach starting in fiscal year | 52341 |
| 2009; | 52342 |
| (4) Success criteria and tools to measure progress against | 52343 |
| the success criteria. | 52344 |
| The plan shall consider the recommendations of the Medicaid | 52345 |
| Administrative Study Council and the Ohio Commission to Reform | 52346 |
| Medicaid. | 52347 |
| Section 215.10. AGR DEPARTMENT OF AGRICULTURE | 52348 |
| General Revenue Fund | 52349 |
| GRF | 700-321 | Operating Expenses | $ | 2,605,330 | $ | 2,605,330 | 52350 | ||||
| GRF | 700-401 | Animal Disease Control | $ | 3,574,506 | $ | 3,574,506 | 52351 | ||||
| GRF | 700-403 | Dairy Division | $ | 1,304,504 | $ | 1,304,504 | 52352 | ||||
| GRF | 700-404 | Ohio Proud | $ | 196,895 | $ | 196,895 | 52353 | ||||
| GRF | 700-405 | Animal Damage Control | $ | 60,000 | $ | 60,000 | 52354 | ||||
| GRF | 700-406 | Consumer Analytical Lab | $ | 953,906 | $ | 953,906 | 52355 | ||||
| GRF | 700-407 | Food Safety | $ | 865,100 | $ | 865,100 | 52356 | ||||
| GRF | 700-409 | Farmland Preservation | $ | 241,573 | $ | 241,573 | 52357 | ||||
| GRF | 700-410 | Plant Industry | $ | 150,000 | $ | 150,000 | 52358 | ||||
| GRF | 700-411 | International Trade and Market Development | $ | 617,524 | $ | 517,524 | 52359 | ||||
| GRF | 700-412 | Weights and Measures | $ | 1,300,000 | $ | 1,300,000 | 52360 | ||||
| GRF | 700-413 | Gypsy Moth Prevention | $ | 200,000 | $ | 200,000 | 52361 | ||||
| GRF | 700-415 | Poultry Inspection | $ | 325,000 | $ | 325,000 | 52362 | ||||
| GRF | 700-418 | Livestock Regulation Program | $ | 1,428,496 | $ | 1,428,496 | 52363 | ||||
| GRF | 700-424 | Livestock Testing and Inspections | $ | 115,946 | $ | 115,946 | 52364 | ||||
| GRF | 700-499 | Meat Inspection Program - State Share | $ | 4,696,889 | $ | 4,696,889 | 52365 | ||||
| GRF | 700-501 | County Agricultural Societies | $ | 483,226 | $ | 483,226 | 52366 | ||||
| GRF | 700-503 | Livestock Exhibition Fund | $ | 62,500 | $ | 62,500 | 52367 | ||||
| TOTAL GRF General Revenue Fund | $ | 19,181,395 | $ | 19,081,395 | 52368 | ||||||
| General Services Fund Group | 52369 |
| 5DA | 700-644 | Laboratory Administration Support | $ | 1,100,000 | $ | 1,100,000 | 52370 | ||||
| TOTAL GSF General Services Fund Group | $ | 1,100,000 | $ | 1,100,000 | 52371 | ||||||
| Federal Special Revenue Fund Group | 52372 |
| 3AB | 700-641 | Agricultural Easement | $ | 2,000,000 | $ | 2,000,000 | 52373 | ||||
| 3J4 | 700-607 | Indirect Cost | $ | 600,000 | $ | 600,000 | 52374 | ||||
| 3R2 | 700-614 | Federal Plant Industry | $ | 4,800,000 | $ | 4,800,000 | 52375 | ||||
| 326 | 700-618 | Meat Inspection Program - Federal Share | $ | 4,960,000 | $ | 4,950,000 | 52376 | ||||
| 336 | 700-617 | Ohio Farm Loan Revolving Fund | $ | 44,679 | $ | 44,679 | 52377 | ||||
| 382 | 700-601 | Cooperative Contracts | $ | 3,700,000 | $ | 3,700,000 | 52378 | ||||
| TOTAL FED Federal Special Revenue | 52379 | ||||||||||
| Fund Group | $ | 16,104,679 | $ | 16,094,679 | 52380 | ||||||
| State Special Revenue Fund Group | 52381 |
| 4C9 | 700-605 | Feed, Fertilizer, Seed, and Lime Inspection | $ | 1,850,000 | $ | 1,850,000 | 52382 | ||||
| 4D2 | 700-609 | Auction Education | $ | 24,601 | $ | 24,601 | 52383 | ||||
| 4E4 | 700-606 | Utility Radiological Safety | $ | 73,059 | $ | 73,059 | 52384 | ||||
| 4P7 | 700-610 | Food Safety Inspection | $ | 858,096 | $ | 858,096 | 52385 | ||||
| 4R2 | 700-637 | Dairy Industry Inspection | $ | 1,500,000 | $ | 1,500,000 | 52386 | ||||
| 4T6 | 700-611 | Poultry and Meat Inspection | $ | 47,294 | $ | 47,294 | 52387 | ||||
| 4T7 | 700-613 | International Trade and Market Development | $ | 15,000 | $ | 15,000 | 52388 | ||||
| 494 | 700-612 | Agricultural Commodity Marketing Program | $ | 250,000 | $ | 250,000 | 52389 | ||||
| 496 | 700-626 | Ohio Grape Industries | $ | 850,000 | $ | 849,999 | 52390 | ||||
| 497 | 700-627 | Commodity Handlers Regulatory Program | $ | 500,000 | $ | 500,000 | 52391 | ||||
| 5B8 | 700-629 | Auctioneers | $ | 365,390 | $ | 365,390 | 52392 | ||||
| 5H2 | 700-608 | Metrology Lab and Scale Certification | $ | 427,526 | $ | 427,526 | 52393 | ||||
| 5L8 | 700-604 | Livestock Management Program | $ | 30,000 | $ | 30,000 | 52394 | ||||
| 578 | 700-620 | Ride Inspection Fees | $ | 1,000,000 | $ | 1,000,001 | 52395 | ||||
| 652 | 700-634 | Animal and Consumer Analytical Laboratory | $ | 3,000,000 | $ | 3,000,000 | 52396 | ||||
| 669 | 700-635 | Pesticide Program | $ | 2,800,000 | $ | 2,800,000 | 52397 | ||||
| TOTAL SSR State Special Revenue | 52398 | ||||||||||
| Fund Group | $ | 13,590,966 | $ | 13,590,966 | 52399 | ||||||
| Clean Ohio Fund Group | 52400 |
| 057 | 700-632 | Clean Ohio Agricultural Easement | $ | 149,000 | $ | 149,000 | 52401 | ||||
| TOTAL CLR Clean Ohio Fund Group | $ | 149,000 | $ | 149,000 | 52402 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 50,126,040 | $ | 50,016,040 | 52403 |
| OHIO - ISRAEL AGRICULTURAL INITIATIVE | 52404 |
| Of the foregoing General Revenue Fund appropriation item | 52405 |
| 700-411, International Trade and Market Development, $100,000 | 52406 |
| shall be used in fiscal year 2008 for the Ohio - Israel | 52407 |
| Agricultural Initiative. | 52408 |
| COUNTY AGRICULTURAL SOCIETIES | 52409 |
| The foregoing appropriation item 700-501, County Agricultural | 52410 |
| Societies, shall be used to reimburse county and independent | 52411 |
| agricultural societies for expenses related to Junior Fair | 52412 |
| activities. | 52413 |
| LIVESTOCK EXHIBITION FUND | 52414 |
| The foregoing appropriation item 700-503, Livestock | 52415 |
| Exhibition Fund, shall be used in accordance with section 901.42 | 52416 |
| of the Revised Code. | 52417 |
| CORRECTIVE CASH TRANSFER TO ANIMAL HEALTH AND FOOD SAFETY | 52418 |
| FUND | 52419 |
| On the effective date of this section, or as soon as possible | 52420 |
| thereafter, the Director of Budget and Management may transfer all | 52421 |
| cash from the Animal Industry Laboratory Fund (Fund 4V5) to the | 52422 |
| Laboratory Services Fund (Fund 652) to correct deposits that were | 52423 |
| mistakenly deposited to the Laboratory Services Fund (Fund 4V5). | 52424 |
| Section 217.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY | 52425 |
| General Revenue Fund | 52426 |
| GRF | 898-402 | Coal Development Office | $ | 565,097 | $ | 589,092 | 52427 | ||||
| GRF | 898-901 | Coal R&D General Obligation Debt Service | $ | 7,232,400 | $ | 8,192,500 | 52428 | ||||
| TOTAL GRF General Revenue Fund | $ | 7,797,497 | $ | 8,781,592 | 52429 | ||||||
| General Services Fund Group | 52430 |
| 5EG | 898-608 | Energy Strategy Development | $ | 307,000 | $ | 307,000 | 52431 | ||||
| TOTAL GSF General Services Fund | $ | 307,000 | $ | 307,000 | 52432 | ||||||
| Agency Fund Group | 52433 |
| 4Z9 | 898-602 | Small Business Ombudsman | $ | 287,146 | $ | 294,290 | 52434 | ||||
| 5A0 | 898-603 | Small Business Assistance | $ | 71,087 | $ | 71,087 | 52435 | ||||
| 570 | 898-601 | Operating Expenses | $ | 255,000 | $ | 264,000 | 52436 | ||||
| TOTAL AGY Agency Fund Group | $ | 613,233 | $ | 629,377 | 52437 | ||||||
| Coal Research/Development Fund | 52438 |
| 046 | 898-604 | Coal Research and Development Fund | $ | 10,000,000 | $ | 10,000,000 | 52439 | ||||
| TOTAL 046 Coal Research/Development Fund | $ | 10,000,000 | $ | 10,000,000 | 52440 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 18,717,730 | $ | 19,717,969 | 52441 | ||||||
| COAL DEVELOPMENT OFFICE | 52442 |
| The foregoing appropriation item GRF 898-402, Coal | 52443 |
| Development Office, shall be used for the administrative costs of | 52444 |
| the Coal Development Office. | 52445 |
| COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE | 52446 |
| The foregoing appropriation item GRF 898-901, Coal R & D | 52447 |
| General Obligation Debt Service, shall be used to pay all debt | 52448 |
| service and related financing costs at the times they are required | 52449 |
| to be made during the period from July 1, 2007 to June 30, 2009 | 52450 |
| for obligations issued under sections 151.01 and 151.07 of the | 52451 |
| Revised Code. | 52452 |
| SCIENCE AND TECHNOLOGY COLLABORATION | 52453 |
| The Air Quality Development Authority shall work in close | 52454 |
| collaboration with the Department of Development, the Board of | 52455 |
| Regents, and the Third Frontier Commission in relation to | 52456 |
| appropriation items and programs referred to as Alignment Programs | 52457 |
| in the following paragraph, and other technology-related | 52458 |
| appropriations and programs in the Department of Development, Air | 52459 |
| Quality Development Authority, and the Board of Regents as those | 52460 |
| agencies may designate, to ensure implementation of a coherent | 52461 |
| state strategy with respect to science and technology. | 52462 |
| To the extent permitted by law, the Air Quality Development | 52463 |
| Authority shall assure that coal research and development | 52464 |
| programs, proposals, and projects consider or incorporate | 52465 |
| appropriate collaborations with Third Frontier Project programs | 52466 |
| and grantees and with Alignment Programs and grantees. | 52467 |
| "Alignment Programs" means: appropriation items 195-401, | 52468 |
| Thomas Edison Program; 898-402, Coal Development Office; 195-422, | 52469 |
| Third Frontier Action Fund; 898-604, Coal Research and Development | 52470 |
| Fund; 235-433, Economic Growth Challenge; 235-508, Air Force | 52471 |
| Institute of Technology; 235-510, Ohio Supercomputer Center; | 52472 |
| 235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute; | 52473 |
| 235-535, Ohio Agricultural Research and Development Center; | 52474 |
| 235-553, Dayton Area Graduate Studies Institute; 235-554, | 52475 |
| Priorities in Collaborative Graduate Education; 235-556, Ohio | 52476 |
| Academic Resources Network; and 195-435, Biomedical Research and | 52477 |
| Technology Transfer Trust. | 52478 |
| Consistent with the recommendations of the Governor's | 52479 |
| Commission on Higher Education and the Economy, Alignment Programs | 52480 |
| shall be managed and administered (1) to build on existing | 52481 |
| competitive research strengths, (2) to encourage new and emerging | 52482 |
| discoveries and commercialization of ideas and products that will | 52483 |
| benefit the Ohio economy, and (3) to assure improved collaboration | 52484 |
| among Alignment Programs, with programs administered by the Third | 52485 |
| Frontier Commission, and with other state programs that are | 52486 |
| intended to improve economic growth and job creation. | 52487 |
| As directed by the Third Frontier Commission, Alignment | 52488 |
| Program managers shall report to the Commission or to the Third | 52489 |
| Frontier Advisory Board on the contributions of their programs to | 52490 |
| achieving the objectives stated in the preceding paragraph. | 52491 |
| Each alignment program shall be reviewed annually by the | 52492 |
| Third Frontier Commission with respect to its development of | 52493 |
| complementary relationships within a combined state science and | 52494 |
| technology investment portfolio and its overall contribution to | 52495 |
| the state's science and technology strategy, including the | 52496 |
| adoption of appropriately consistent criteria for: (1) the | 52497 |
| scientific merit of activities supported by the program; (2) the | 52498 |
| relevance of the program's activities to commercial opportunities | 52499 |
| in the private sector; (3) the private sector's involvement in a | 52500 |
| process that continually evaluates commercial opportunities to use | 52501 |
| the work supported by the program; and (4) the ability of the | 52502 |
| program and recipients of grant funding from the program to engage | 52503 |
| in activities that are collaborative, complementary, and efficient | 52504 |
| with respect to the expenditure of state funds. Each alignment | 52505 |
| program shall provide annual reports to the Third Frontier | 52506 |
| Commission discussing existing, planned, or possible | 52507 |
| collaborations between programs and recipients of grant funding | 52508 |
| related to technology, development, commercialization, and | 52509 |
| supporting Ohio's economic development. The annual review by the | 52510 |
| Third Frontier Commission shall be a comprehensive review of the | 52511 |
| entire state science and technology program portfolio rather than | 52512 |
| a review of individual programs. | 52513 |
| Applicants for Third Frontier and Alignment Program funding | 52514 |
| shall identify their requirements for high-performance computing | 52515 |
| facilities and services, including both hardware and software, in | 52516 |
| all proposals. If an applicant's requirements exceed approximately | 52517 |
| $100,000 for a proposal, the Ohio Supercomputer Center shall | 52518 |
| convene a panel of experts. The panel shall review the proposal to | 52519 |
| determine whether the proposal's requirements can be met through | 52520 |
| Ohio Supercomputer Center facilities or through other means and | 52521 |
| report its conclusion to the Third Frontier Commission. | 52522 |
| To ensure that the state receives the maximum benefit from | 52523 |
| its investment in the Third Frontier Project and the Third | 52524 |
| Frontier Network, organizations receiving Third Frontier awards | 52525 |
| and Alignment Program awards shall, as appropriate, be expected to | 52526 |
| have a connection to the Third Frontier Network that enables them | 52527 |
| and their collaborators to achieve award objectives through the | 52528 |
| Third Frontier Network. | 52529 |
| CORRECTIVE CASH TRANSFER | 52530 |
| On the effective date of this section, or as soon as possible | 52531 |
| thereafter, the Director of Budget and Management may transfer | 52532 |
| $35,555.35 in cash from the Coal Research and Development Fund | 52533 |
| (Fund 046) into the Coal Research and Development Bond Services | 52534 |
| Fund (Fund 076) to correct deposits that were mistakenly deposited | 52535 |
| into the Coal Research and Development Fund (Fund 046). | 52536 |
| Section 219.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION | 52537 |
| SERVICES | 52538 |
| General Revenue Fund | 52539 |
| GRF | 038-321 | Operating Expenses | $ | 1,071,861 | $ | 1,071,861 | 52540 | ||||
| GRF | 038-401 | Treatment Services | $ | 31,661,063 | $ | 34,661,063 | 52541 | ||||
| GRF | 038-404 | Prevention Services | $ | 1,052,127 | $ | 1,552,127 | 52542 | ||||
| TOTAL GRF General Revenue Fund | $ | 33,785,051 | $ | 37,285,051 | 52543 | ||||||
| General Services Fund | 52544 |
| 5T9 | 038-616 | Problem Gambling Services | $ | 285,000 | $ | 285,000 | 52545 | ||||
| TOTAL GSF General Services Fund Group | $ | 285,000 | $ | 285,000 | 52546 | ||||||
| Federal Special Revenue Fund Group | 52547 |
| 3CK | 038-625 | TANF | $ | 5,000,000 | $ | 5,000,000 | 52548 | ||||
| 3G3 | 038-603 | Drug Free Schools | $ | 3,500,000 | $ | 3,500,000 | 52549 | ||||
| 3G4 | 038-614 | Substance Abuse Block Grant | $ | 73,000,000 | $ | 73,000,000 | 52550 | ||||
| 3H8 | 038-609 | Demonstration Grants | $ | 7,093,075 | $ | 7,093,075 | 52551 | ||||
| 3J8 | 038-610 | Medicaid | $ | 46,000,000 | $ | 46,000,000 | 52552 | ||||
| 3N8 | 038-611 | Administrative Reimbursement | $ | 500,000 | $ | 500,000 | 52553 | ||||
| TOTAL FED Federal Special Revenue | 52554 | ||||||||||
| Fund Group | $ | 135,093,075 | $ | 135,093,075 | 52555 | ||||||
| State Special Revenue Fund Group | 52556 |
| 475 | 038-621 | Statewide Treatment and Prevention | $ | 18,000,000 | $ | 18,000,000 | 52557 | ||||
| 5BR | 038-406 | Tobacco Use Prevention and Control Program | $ | 205,000 | $ | 205,000 | 52558 | ||||
| 5DH | 038-620 | Fetal Alcohol Spectrum Disorder | $ | 327,500 | $ | 327,500 | 52559 | ||||
| 689 | 038-604 | Education and Conferences | $ | 350,000 | $ | 350,000 | 52560 | ||||
| TOTAL SSR State Special Revenue | 52561 | ||||||||||
| Fund Group | $ | 18,882,500 | $ | 18,882,500 | 52562 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 188,045,626 | $ | 191,545,626 | 52563 | ||||||
| TREATMENT SERVICES | 52564 |
| Of the foregoing appropriation item 038-401, Treatment | 52565 |
| Services, not more than $8,190,000 shall be used by the Department | 52566 |
| of Alcohol and Drug Addiction Services for program grants for | 52567 |
| priority populations in each year of the biennium. | 52568 |
| SUBSTANCE ABUSE SERVICES FOR FAMILIES OF AT RISK CHILDREN | 52569 |
| Of the foregoing appropriation item 038-401, Treatment | 52570 |
| Services, $4 million in each fiscal year shall be used to provide | 52571 |
| substance abuse services to families involved in the child welfare | 52572 |
| system under the requirements of Am. Sub. H.B. 484 of the 122nd | 52573 |
| General Assembly. | 52574 |
| THERAPEUTIC COMMUNITIES | 52575 |
| Of the foregoing appropriation item 038-401, Treatment | 52576 |
| Services, $600,000 shall be used in each fiscal year for the | 52577 |
| Therapeutic Communities Program in the Department of | 52578 |
| Rehabilitation and Correction. | 52579 |
| JUVENILE AFTERCARE PROGRAM | 52580 |
| Of the foregoing appropriation item 038-401, Treatment | 52581 |
| Services, $2,500,000 shall be used in fiscal year 2009 for the | 52582 |
| Juvenile Aftercare Program to provide community-based alcohol and | 52583 |
| other drug treatment to parolees from the Department of Youth | 52584 |
| Services. | 52585 |
| SERVICES FOR TANF-ELIGIBLE INDIVIDUALS | 52586 |
| Of the foregoing appropriation item 038-625, TANF | 52587 |
| Reimbursement, an amount up to $5 million each year shall be used | 52588 |
| to reimburse counties for TANF-eligible expenditures for substance | 52589 |
| abuse prevention and treatment services to children, or their | 52590 |
| families, whose income is at or below 200 per cent of the federal | 52591 |
| poverty level. The Director of Alcohol and Drug Addiction Services | 52592 |
| and the Director of Job and Family Services shall enter into an | 52593 |
| interagency agreement that meets federal requirements. | 52594 |
| PERFORMANCE REVIEW | 52595 |
| The Auditor of State shall complete a performance review of | 52596 |
| the Department of Alcohol and Drug Addiction Services. Upon | 52597 |
| completing the performance review, the Auditor of State shall | 52598 |
| submit a report of the findings of the review to the Governor, the | 52599 |
| President of the Senate, the Speaker of the House of | 52600 |
| Representatives, and the Director of Alcohol and Drug Addiction | 52601 |
| Services. | 52602 |
| Section 221.10. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS | 52603 |
| General Services Fund Group | 52604 |
| 4K9 | 891-609 | Operating Expenses | $ | 589,710 | $ | 527,641 | 52605 | ||||
| TOTAL GSF General Services Fund | 52606 | ||||||||||
| Group | $ | 589,710 | $ | 527,641 | 52607 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 589,710 | $ | 527,641 | 52608 | ||||||
| Section 223.10. ART OHIO ARTS COUNCIL | 52610 |
| General Revenue Fund | 52611 |
| GRF | 370-100 | Personal Services | $ | 1,798,235 | $ | 1,798,235 | 52612 | ||||
| GRF | 370-200 | Maintenance | $ | 459,746 | $ | 459,746 | 52613 | ||||
| GRF | 370-300 | Equipment | $ | 82,700 | $ | 82,700 | 52614 | ||||
| GRF | 370-502 | State Program Subsidies | $ | 9,647,480 | $ | 9,647,480 | 52615 | ||||
| TOTAL GRF General Revenue Fund | $ | 11,988,161 | $ | 11,988,161 | 52616 | ||||||
| General Services Fund Group | 52617 |
| 4B7 | 370-603 | Percent for Art Acquisitions | $ | 86,366 | $ | 86,366 | 52618 | ||||
| 460 | 370-602 | Management Expenses and Donations | $ | 285,000 | $ | 285,000 | 52619 | ||||
| TOTAL GSF General Services Fund Group | $ | 371,366 | $ | 371,366 | 52620 | ||||||
| Federal Special Revenue Fund Group | 52621 |
| 314 | 370-601 | Federal Support | $ | 800,000 | $ | 800,000 | 52622 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 800,000 | $ | 800,000 | 52623 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 13,159,527 | $ | 13,159,527 | 52624 | ||||||
| PROGRAM SUBSIDIES | 52625 |
| A museum is not eligible to receive funds from appropriation | 52626 |
| item 370-502, State Program Subsidies, if $8,000,000 or more in | 52627 |
| capital appropriations were appropriated by the state for the | 52628 |
| museum between January 1, 1986, and December 31, 2002. | 52629 |
| Section 225.10. ATH ATHLETIC COMMISSION | 52630 |
| General Services Fund Group | 52631 |
| 4K9 | 175-609 | Operating Expenses | $ | 255,850 | $ | 255,850 | 52632 | ||||
| TOTAL GSF General Services Fund Group | $ | 255,850 | $ | 255,850 | 52633 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 255,850 | $ | 255,850 | 52634 | ||||||
| Section 227.10. AGO ATTORNEY GENERAL | 52636 |
| General Revenue Fund | 52637 |
| GRF | 055-321 | Operating Expenses | $ | 54,063,833 | $ | 54,007,332 | 52638 | ||||
| GRF | 055-404 | Tobacco Settlement Enforcement | $ | 0 | $ | 723,797 | 52639 | ||||
| GRF | 055-411 | County Sheriffs' Pay Supplement | $ | 813,117 | $ | 842,134 | 52640 | ||||
| GRF | 055-415 | County Prosecutors' Pay Supplement | $ | 896,404 | $ | 923,888 | 52641 | ||||
| TOTAL GRF General Revenue Fund | $ | 55,773,354 | $ | 56,497,151 | 52642 | ||||||
| General Services Fund Group | 52643 |
| 106 | 055-612 | General Reimbursement | $ | 29,870,196 | $ | 29,870,196 | 52644 | ||||
| 195 | 055-660 | Workers' Compensation Section | $ | 8,002,720 | $ | 8,002,720 | 52645 | ||||
| 4Y7 | 055-608 | Title Defect Rescission | $ | 750,000 | $ | 750,000 | 52646 | ||||
| 4Z2 | 055-609 | BCI Asset Forfeiture and Cost Reimbursement | $ | 1,000,000 | $ | 1,000,000 | 52647 | ||||
| 418 | 055-615 | Charitable Foundations | $ | 6,919,850 | $ | 7,064,978 | 52648 | ||||
| 420 | 055-603 | Attorney General Antitrust | $ | 1,500,000 | $ | 1,500,000 | 52649 | ||||
| 421 | 055-617 | Police Officers' Training Academy Fee | $ | 2,000,000 | $ | 2,000,000 | 52650 | ||||
| 5A9 | 055-618 | Telemarketing Fraud Enforcement | $ | 7,500 | $ | 7,500 | 52651 | ||||
| 590 | 055-633 | Peace Officer Private Security Fund | $ | 98,370 | $ | 98,370 | 52652 | ||||
| 629 | 055-636 | Corrupt Activity Investigation and Prosecution | $ | 15,000 | $ | 15,000 | 52653 | ||||
| 631 | 055-637 | Consumer Protection Enforcement | $ | 2,500,000 | $ | 2,500,000 | 52654 | ||||
| TOTAL GSF General Services Fund | 52655 | ||||||||||
| Group | $ | 52,663,636 | $ | 52,808,764 | 52656 | ||||||
| Federal Special Revenue Fund Group | 52657 |
| 3E5 | 055-638 | Attorney General Pass-Through Funds | $ | 2,850,000 | $ | 3,030,000 | 52658 | ||||
| 3R6 | 055-613 | Attorney General Federal Funds | $ | 4,870,000 | $ | 5,115,000 | 52659 | ||||
| 306 | 055-620 | Medicaid Fraud Control | $ | 3,139,500 | $ | 3,296,500 | 52660 | ||||
| 381 | 055-611 | Civil Rights Legal Service | $ | 402,540 | $ | 402,540 | 52661 | ||||
| 383 | 055-634 | Crime Victims Assistance | $ | 16,000,000 | $ | 16,000,000 | 52662 | ||||
| TOTAL FED Federal Special Revenue | 52663 | ||||||||||
| Fund Group | $ | 27,262,040 | $ | 27,844,040 | 52664 | ||||||
| State Special Revenue Fund Group | 52665 |
| 4L6 | 055-606 | DARE | $ | 3,927,962 | $ | 3,927,962 | 52666 | ||||
| 402 | 055-616 | Victims of Crime | $ | 34,000,000 | $ | 34,000,000 | 52667 | ||||
| 419 | 055-623 | Claims Section | $ | 25,000,000 | $ | 25,000,000 | 52668 | ||||
| 659 | 055-641 | Solid and Hazardous Waste Background Investigations | $ | 621,159 | $ | 621,159 | 52669 | ||||
| TOTAL SSR State Special Revenue | 52670 | ||||||||||
| Fund Group | $ | 63,549,121 | $ | 63,549,121 | 52671 | ||||||
| Holding Account Redistribution Fund Group | 52672 |
| R04 | 055-631 | General Holding Account | $ | 1,000,000 | $ | 1,000,000 | 52673 | ||||
| R05 | 055-632 | Antitrust Settlements | $ | 1,000 | $ | 1,000 | 52674 | ||||
| R18 | 055-630 | Consumer Frauds | $ | 750,000 | $ | 750,000 | 52675 | ||||
| R42 | 055-601 | Organized Crime Commission Distributions | $ | 25,025 | $ | 25,025 | 52676 | ||||
| TOTAL 090 Holding Account | 52677 | ||||||||||
| Redistribution Fund Group | $ | 1,776,025 | $ | 1,776,025 | 52678 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 201,024,176 | $ | 202,475,101 | 52679 | ||||||
| TOBACCO SETTLEMENT ENFORCEMENT | 52680 |
| The foregoing appropriation item 055-404, Tobacco Settlement | 52681 |
| Enforcement, shall be used by the Attorney General to pay costs | 52682 |
| incurred in the oversight, administration, and enforcement of the | 52683 |
| Tobacco Master Settlement Agreement. | 52684 |
| COUNTY SHERIFFS' PAY SUPPLEMENT | 52685 |
| The foregoing appropriation item 055-411, County Sheriffs' | 52686 |
| Pay Supplement, shall be used for the purpose of supplementing the | 52687 |
| annual compensation of county sheriffs as required by section | 52688 |
| 325.06 of the Revised Code. | 52689 |
| At the request of the Attorney General, the Director of | 52690 |
| Budget and Management may transfer appropriation authority from | 52691 |
| appropriation item 055-321, Operating Expenses, to appropriation | 52692 |
| item 055-411, County Sheriffs' Pay Supplement. Any appropriation | 52693 |
| authority so transferred to appropriation item 055-411, County | 52694 |
| Sheriffs' Pay Supplement, shall be used to supplement the annual | 52695 |
| compensation of county sheriffs as required by section 325.06 of | 52696 |
| the Revised Code. | 52697 |
| COUNTY PROSECUTORS' PAY SUPPLEMENT | 52698 |
| The foregoing appropriation item 055-415, County Prosecutors' | 52699 |
| Pay Supplement, shall be used for the purpose of supplementing the | 52700 |
| annual compensation of certain county prosecutors as required by | 52701 |
| section 325.111 of the Revised Code. | 52702 |
| At the request of the Attorney General, the Director of | 52703 |
| Budget and Management may transfer appropriation authority from | 52704 |
| appropriation item 055-321, Operating Expenses, to appropriation | 52705 |
| item 055-415, County Prosecutors' Pay Supplement. Any | 52706 |
| appropriation authority so transferred to appropriation item | 52707 |
| 055-415, County Prosecutors' Pay Supplement, shall be used to | 52708 |
| supplement the annual compensation of county prosecutors as | 52709 |
| required by section 325.111 of the Revised Code. | 52710 |
| WORKERS' COMPENSATION SECTION | 52711 |
| The Workers' Compensation Section Fund (Fund 195) is entitled | 52712 |
| to receive payments from the Bureau of Workers' Compensation and | 52713 |
| the Ohio Industrial Commission at the beginning of each quarter of | 52714 |
| each fiscal year to fund legal services to be provided to the | 52715 |
| Bureau of Workers' Compensation and the Ohio Industrial Commission | 52716 |
| during the ensuing quarter. The advance payment shall be subject | 52717 |
| to adjustment. | 52718 |
| In addition, the Bureau of Workers' Compensation shall | 52719 |
| transfer payments at the beginning of each quarter for the support | 52720 |
| of the Workers' Compensation Fraud Unit. | 52721 |
| All amounts shall be mutually agreed upon by the Attorney | 52722 |
| General, the Bureau of Workers' Compensation, and the Ohio | 52723 |
| Industrial Commission. | 52724 |
| CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION | 52725 |
| The foregoing appropriation item 055-636, Corrupt Activity | 52726 |
| Investigation and Prosecution, shall be used as provided by | 52727 |
| division (D)(2) of section 2923.35 of the Revised Code to dispose | 52728 |
| of the proceeds, fines, and penalties credited to the Corrupt | 52729 |
| Activity Investigation and Prosecution Fund, which is created in | 52730 |
| division (D)(1)(b) of section 2923.35 of the Revised Code. | 52731 |
| GENERAL HOLDING ACCOUNT | 52732 |
| The foregoing appropriation item 055-631, General Holding | 52733 |
| Account, shall be used to distribute moneys under the terms of | 52734 |
| relevant court orders received from settlements in a variety of | 52735 |
| cases involving the Office of the Attorney General. | 52736 |
| ATTORNEY GENERAL PASS-THROUGH FUNDS | 52737 |
| The foregoing appropriation item 055-638, Attorney General | 52738 |
| Pass-Through Funds, shall be used to receive federal grant funds | 52739 |
| provided to the Attorney General by other state agencies, | 52740 |
| including, but not limited to, the Department of Youth Services | 52741 |
| and the Department of Public Safety. | 52742 |
| ANTITRUST SETTLEMENTS | 52743 |
| The foregoing appropriation item 055-632, Antitrust | 52744 |
| Settlements, shall be used to distribute court-ordered antitrust | 52745 |
| settlements in which the Office of Attorney General represents the | 52746 |
| state or a political subdivision under section 109.81 of the | 52747 |
| Revised Code. | 52748 |
| CONSUMER FRAUDS | 52749 |
| The foregoing appropriation item 055-630, Consumer Frauds, | 52750 |
| shall be used for distribution of moneys from court-ordered | 52751 |
| judgments against sellers in actions brought by the Office of | 52752 |
| Attorney General under sections 1334.08 and 4549.48 and division | 52753 |
| (B) of section 1345.07 of the Revised Code. These moneys shall be | 52754 |
| used to provide restitution to consumers victimized by the fraud | 52755 |
| that generated the court-ordered judgments. | 52756 |
| ORGANIZED CRIME COMMISSION DISTRIBUTIONS | 52757 |
| The foregoing appropriation item 055-601, Organized Crime | 52758 |
| Commission Distributions, shall be used by the Organized Crime | 52759 |
| Investigations Commission, as provided by section 177.011 of the | 52760 |
| Revised Code, to reimburse political subdivisions for the expenses | 52761 |
| the political subdivisions incur when their law enforcement | 52762 |
| officers participate in an organized crime task force. | 52763 |
| FUND ADJUSTMENTS | 52764 |
| On July 1, 2007, or as soon as practicable thereafter, the | 52765 |
| Director of Budget and Management shall transfer the cash balance | 52766 |
| in the Employment Services Fund (Fund 107) to the General | 52767 |
| Reimbursement Fund (Fund 106). The Director shall cancel any | 52768 |
| existing encumbrances against appropriation item 055-624, | 52769 |
| Employment Services, and re-establish them against appropriation | 52770 |
| item 055-612, General Reimbursement. The amounts of the | 52771 |
| re-established encumbrances are hereby appropriated. Upon | 52772 |
| completion of these transfers, the Employment Services Fund (Fund | 52773 |
| 107) is hereby abolished. | 52774 |
| On July 1, 2007, or as soon as practicable thereafter, the | 52775 |
| Director of Budget and Management shall transfer the cash balance | 52776 |
| in the Crime Victims Compensation Fund (Fund 108) to the | 52777 |
| Reparations Fund (Fund 402). Upon completion of this transfer, the | 52778 |
| Crime Victims Compensation Fund (Fund 108) is hereby abolished. | 52779 |
| Section 229.10. AUD AUDITOR OF STATE | 52780 |
| General Revenue Fund | 52781 |
| GRF | 070-321 | Operating Expenses | $ | 31,469,552 | $ | 32,771,482 | 52782 | ||||
| GRF | 070-403 | Fiscal Watch/Emergency Technical Assistance | $ | 600,000 | $ | 600,000 | 52783 | ||||
| TOTAL GRF General Revenue Fund | $ | 32,069,552 | $ | 33,371,482 | 52784 | ||||||
| Auditor of State Fund Group | 52785 |
| 109 | 070-601 | Public Audit Expense - Intra-State | $ | 11,000,000 | $ | 11,000,000 | 52786 | ||||
| 422 | 070-601 | Public Audit Expense - Local Government | $ | 33,000,000 | $ | 34,000,000 | 52787 | ||||
| 584 | 070-603 | Training Program | $ | 181,250 | $ | 181,250 | 52788 | ||||
| 675 | 070-605 | Uniform Accounting Network | $ | 3,317,336 | $ | 3,317,336 | 52789 | ||||
| TOTAL AUD Auditor of State Fund | 52790 | ||||||||||
| Group | $ | 47,498,586 | $ | 48,498,586 | 52791 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 79,568,138 | $ | 81,870,068 | 52792 | ||||||
| FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE | 52793 |
| The foregoing appropriation item 070-403, Fiscal | 52794 |
| Watch/Emergency Technical Assistance, shall be used for expenses | 52795 |
| incurred by the Office of the Auditor of State in its role | 52796 |
| relating to fiscal watch or fiscal emergency activities under | 52797 |
| Chapters 118. and 3316. of the Revised Code. Expenses include, but | 52798 |
| are not limited to, the following: duties related to the | 52799 |
| determination or termination of fiscal watch or fiscal emergency | 52800 |
| of municipal corporations, counties, or townships as outlined in | 52801 |
| Chapter 118. of the Revised Code and of school districts as | 52802 |
| outlined in Chapter 3316. of the Revised Code; development of | 52803 |
| preliminary accounting reports; performance of annual forecasts; | 52804 |
| provision of performance audits; and supervisory, accounting, or | 52805 |
| auditing services for the mentioned public entities and school | 52806 |
| districts. The unencumbered balance of appropriation item 070-403, | 52807 |
| Fiscal Watch/Emergency Technical Assistance, at the end of fiscal | 52808 |
| year 2008 is transferred to fiscal year 2009 for use under the | 52809 |
| same appropriation item. | 52810 |
| UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND | 52811 |
| TRANSFER | 52812 |
| Upon the request of the Auditor of State, and subject to | 52813 |
| approval from the Controlling Board, effective July 1, 2007, or as | 52814 |
| soon thereafter as possible, the Director of Budget and Management | 52815 |
| shall transfer the appropriation balance in GRF appropriation item | 52816 |
| 070-406, Uniform Accounting Network/Technology Improvements Fund, | 52817 |
| to GRF appropriation item 070-321, Operating Expenses. The | 52818 |
| Director shall cancel any existing encumbrances against GRF | 52819 |
| appropriation item 070-406, Uniform Accounting Network/Technology | 52820 |
| Improvement Fund, and re-establish them against GRF appropriation | 52821 |
| item 070-321, Operating Expenses. The amounts of the | 52822 |
| re-established encumbrances are hereby appropriated. | 52823 |
| Section 231.10. BRB BOARD OF BARBER EXAMINERS | 52824 |
| General Services Fund Group | 52825 |
| 4K9 | 877-609 | Operating Expenses | $ | 608,045 | $ | 628,264 | 52826 | ||||
| TOTAL GSF General Services Fund | 52827 | ||||||||||
| Group | $ | 608,045 | $ | 628,264 | 52828 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 608,045 | $ | 628,264 | 52829 | ||||||
| Section 233.10. OBM OFFICE OF BUDGET AND MANAGEMENT | 52831 |
| General Revenue Fund | 52832 |
| GRF | 042-321 | Budget Development and Implementation | $ | 2,026,011 | $ | 2,128,284 | 52833 | ||||
| GRF | 042-410 | National Association Dues | $ | 28,700 | $ | 29,561 | 52834 | ||||
| GRF | 042-412 | Audit of Auditor of State | $ | 60,460 | $ | 60,460 | 52835 | ||||
| GRF | 042-413 | Payment Issuance | $ | 1,191,802 | $ | 1,150,192 | 52836 | ||||
| GRF | 042-416 | Medicaid Agency Transition | $ | 0 | $ | 1,500,000 | 52837 | ||||
| TOTAL GRF General Revenue Fund | $ | 3,306,973 | $ | 4,868,497 | 52838 | ||||||
| General Services Fund Group | 52839 |
| 105 | 042-603 | State Accounting and Budgeting | $ | 12,115,134 | $ | 12,742,551 | 52840 | ||||
| TOTAL GSF General Services Fund Group | $ | 12,115,134 | $ | 12,742,551 | 52841 | ||||||
| Federal Special Revenue Fund Group | 52842 |
| 3CM | 042-606 | Medicaid Agency Transition | $ | 0 | $ | 1,500,000 | 52843 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 0 | $ | 1,500,000 | 52844 | ||||||
| State Special Revenue Fund Group | 52845 |
| 5N4 | 042-602 | OAKS Project Implementation | $ | 2,200,725 | $ | 2,132,168 | 52846 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 2,200,725 | $ | 2,132,168 | 52847 | ||||||
| Agency Fund Group | 52848 |
| 5EH | 042-604 | Forgery Recovery | $ | 35,000 | $ | 35,000 | 52849 | ||||
| TOTAL AGY Agency Fund Group | $ | 35,000 | $ | 35,000 | 52850 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 17,657,832 | $ | 21,278,216 | 52851 | ||||||
| AUDIT COSTS | 52852 |
| Of the foregoing appropriation item 042-603, State Accounting | 52853 |
| and Budgeting, not more than $435,000 in fiscal year 2008 and | 52854 |
| $445,000 in fiscal year 2009 shall be used to pay for centralized | 52855 |
| audit costs associated with either Single Audit Schedules or | 52856 |
| financial statements prepared in conformance with generally | 52857 |
| accepted accounting principles for the state. | 52858 |
| Section 233.20. OAKS SUPPORT ORGANIZATION | 52859 |
| The OAKS Support Organization shall operate and maintain the | 52860 |
| financial management module of the state's enterprise resource | 52861 |
| planning system to support the activities of the Office of Budget | 52862 |
| and Management. The OAKS Support Organization shall recover the | 52863 |
| costs to establish and maintain the enterprise resource planning | 52864 |
| system through billings to the Office of Budget and Management. | 52865 |
| Effective July 1, 2007, the Office of Budget Management shall | 52866 |
| include the recovery of costs to administer the financial module | 52867 |
| of the OAKS System in the accounting and budgeting services | 52868 |
| payroll rate. These revenues shall be deposited to the credit of | 52869 |
| the Accounting and Budgeting Services Fund (Fund 105). Amounts | 52870 |
| deposited under this section are hereby appropriated to | 52871 |
| appropriation item 042-603, State Accounting and Budgeting. Not | 52872 |
| less than quarterly, the Office of Budget and Management shall | 52873 |
| process the intrastate transfer voucher billings to transfer the | 52874 |
| Accounting and Budgeting Services Fund (Fund 105) to the OAKS | 52875 |
| Support Organization Fund (Fund 5EB), to pay for the OAKS Support | 52876 |
| Organization Costs. | 52877 |
| TRANSFER BALANCE OF CONTINUOUS RECEIPTS FUND | 52878 |
| On or before July 31, 2007, the unencumbered cash balance in | 52879 |
| the Continuous Receipts Fund (Fund R06) shall be transferred to | 52880 |
| the Forgery Recovery Fund (Fund 5EH). | 52881 |
| Section 235.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD | 52882 |
| General Revenue Fund | 52883 |
| GRF | 874-100 | Personal Services | $ | 1,957,000 | $ | 1,957,000 | 52884 | ||||
| GRF | 874-320 | Maintenance and Equipment | $ | 985,837 | $ | 980,837 | 52885 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,942,837 | $ | 2,937,837 | 52886 | ||||||
| General Services Fund Group | 52887 |
| 4G5 | 874-603 | Capitol Square Education Center and Arts | $ | 15,000 | $ | 15,000 | 52888 | ||||
| 4S7 | 874-602 | Statehouse Gift Shop/Events | $ | 650,484 | $ | 650,484 | 52889 | ||||
| TOTAL GSF General Services | 52890 | ||||||||||
| Fund Group | $ | 665,484 | $ | 665,484 | 52891 | ||||||
| Underground Parking Garage | 52892 |
| 208 | 874-601 | Underground Parking Garage Operations | $ | 2,706,993 | $ | 2,706,993 | 52893 | ||||
| TOTAL UPG Underground Parking | 52894 | ||||||||||
| Garage | $ | 2,706,993 | $ | 2,706,993 | 52895 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 6,315,314 | $ | 6,310,314 | 52896 | ||||||
| Section 237.10. SCR STATE BOARD OF CAREER COLLEGES AND | 52898 |
| SCHOOLS | 52899 |
| General Services Fund Group | 52900 |
| 4K9 | 233-601 | Operating Expenses | $ | 552,300 | $ | 572,700 | 52901 | ||||
| TOTAL GSF General Services Fund Group | $ | 552,300 | $ | 572,700 | 52902 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 552,300 | $ | 572,700 | 52903 | ||||||
| Section 239.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD | 52905 |
| General Services Fund Group | 52906 |
| 4K9 | 930-609 | Operating Expenses | $ | 530,864 | $ | 551,146 | 52907 | ||||
| TOTAL GSF General Services Fund Group | $ | 530,864 | $ | 551,146 | 52908 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 530,864 | $ | 551,146 | 52909 | ||||||
| Section 241.10. CHR STATE CHIROPRACTIC BOARD | 52911 |
| General Services Fund Group | 52912 |
| 4K9 | 878-609 | Operating Expenses | $ | 607,445 | $ | 621,621 | 52913 | ||||
| TOTAL GSF General Services Fund Group | $ | 607,445 | $ | 621,621 | 52914 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 607,445 | $ | 621,621 | 52915 | ||||||
| Section 243.10. CIV OHIO CIVIL RIGHTS COMMISSION | 52917 |
| General Revenue Fund | 52918 |
| GRF | 876-321 | Operating Expenses | $ | 7,097,134 | $ | 7,097,134 | 52919 | ||||
| TOTAL GRF General Revenue Fund | $ | 7,097,134 | $ | 7,097,134 | 52920 | ||||||
| Federal Special Revenue Fund Group | 52921 |
| 334 | 876-601 | Investigations | $ | 3,965,507 | $ | 4,602,185 | 52922 | ||||
| TOTAL FED Federal Special Revenue | 52923 | ||||||||||
| Fund Group | $ | 3,965,507 | $ | 4,602,185 | 52924 | ||||||
| State Special Revenue Fund Group | 52925 |
| 217 | 876-604 | Operations Support | $ | 60,000 | $ | 60,000 | 52926 | ||||
| TOTAL SSR State Special | 52927 | ||||||||||
| Revenue Fund Group | $ | 60,000 | $ | 60,000 | 52928 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 11,122,641 | $ | 11,759,319 | 52929 | ||||||
| Section 245.10. COM DEPARTMENT OF COMMERCE | 52931 |
| General Revenue Fund | 52932 |
| GRF | 800-410 | Labor and Worker Safety | $ | 2,032,396 | $ | 2,032,396 | 52933 | ||||
| Total GRF General Revenue Fund | $ | 2,032,396 | $ | 2,032,396 | 52934 | ||||||
| General Services Fund Group | 52935 |
| 163 | 800-620 | Division of Administration | $ | 4,323,037 | $ | 4,413,037 | 52936 | ||||
| 163 | 800-637 | Information Technology | $ | 6,650,150 | $ | 6,780,963 | 52937 | ||||
| 5F1 | 800-635 | Small Government Fire Departments | $ | 300,000 | $ | 300,000 | 52938 | ||||
| 543 | 800-602 | Unclaimed Funds-Operating | $ | 7,880,468 | $ | 8,049,937 | 52939 | ||||
| 543 | 800-625 | Unclaimed Funds-Claims | $ | 70,000,000 | $ | 75,000,000 | 52940 | ||||
| TOTAL GSF General Services Fund | 52941 | ||||||||||
| Group | $ | 89,153,655 | $ | 94,543,937 | 52942 | ||||||
| Federal Special Revenue Fund Group | 52943 |
| 348 | 800-622 | Underground Storage Tanks | $ | 195,008 | $ | 195,008 | 52944 | ||||
| 348 | 800-624 | Leaking Underground Storage Tanks | $ | 1,850,000 | $ | 1,850,000 | 52945 | ||||
| TOTAL FED Federal Special Revenue | 52946 | ||||||||||
| Fund Group | $ | 2,045,008 | $ | 2,045,008 | 52947 | ||||||
| State Special Revenue Fund Group | 52948 |
| 4B2 | 800-631 | Real Estate Appraisal Recovery | $ | 35,000 | $ | 35,000 | 52949 | ||||
| 4H9 | 800-608 | Cemeteries | $ | 273,465 | $ | 273,465 | 52950 | ||||
| 4X2 | 800-619 | Financial Institutions | $ | 2,474,414 | $ | 2,523,918 | 52951 | ||||
| 5K7 | 800-621 | Penalty Enforcement | $ | 50,000 | $ | 50,000 | 52952 | ||||
| 544 | 800-612 | Banks | $ | 6,516,507 | $ | 6,703,253 | 52953 | ||||
| 545 | 800-613 | Savings Institutions | $ | 2,244,370 | $ | 2,286,616 | 52954 | ||||
| 546 | 800-610 | Fire Marshal | $ | 13,104,393 | $ | 13,579,150 | 52955 | ||||
| 546 | 800-639 | Fire Department Grants | $ | 1,647,140 | $ | 1,647,140 | 52956 | ||||
| 546 | 800-640 | Homeland Security Grants | $ | 10,000 | $ | 10,000 | 52957 | ||||
| 547 | 800-603 | Real Estate Education/Research | $ | 250,000 | $ | 250,000 | 52958 | ||||
| 548 | 800-611 | Real Estate Recovery | $ | 50,000 | $ | 50,000 | 52959 | ||||
| 549 | 800-614 | Real Estate | $ | 3,480,038 | $ | 3,574,171 | 52960 | ||||
| 550 | 800-617 | Securities | $ | 4,312,453 | $ | 4,473,094 | 52961 | ||||
| 552 | 800-604 | Credit Union | $ | 3,521,037 | $ | 3,627,390 | 52962 | ||||
| 553 | 800-607 | Consumer Finance | $ | 5,800,445 | $ | 5,800,445 | 52963 | ||||
| 556 | 800-615 | Industrial Compliance | $ | 25,033,908 | $ | 25,570,011 | 52964 | ||||
| 6A4 | 800-630 | Real Estate Appraiser-Operating | $ | 664,006 | $ | 664,006 | 52965 | ||||
| 653 | 800-629 | UST Registration/Permit Fee | $ | 1,512,512 | $ | 1,467,160 | 52966 | ||||
| TOTAL SSR State Special Revenue | 52967 | ||||||||||
| Fund Group | $ | 70,979,688 | $ | 72,584,819 | 52968 | ||||||
| Liquor Control Fund Group | 52969 |
| 043 | 800-601 | Merchandising | $ | 440,499,979 | $ | 464,027,015 | 52970 | ||||
| 043 | 800-627 | Liquor Control Operating | $ | 15,980,724 | $ | 16,334,583 | 52971 | ||||
| 043 | 800-633 | Development Assistance Debt Service | $ | 33,678,800 | $ | 38,616,800 | 52972 | ||||
| 043 | 800-636 | Revitalization Debt Service | $ | 12,620,900 | $ | 15,683,300 | 52973 | ||||
| TOTAL LCF Liquor Control | 52974 | ||||||||||
| Fund Group | $ | 502,780,403 | $ | 534,661,698 | 52975 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 666,991,150 | $ | 705,867,858 | 52976 | ||||||
| SMALL GOVERNMENT FIRE DEPARTMENTS | 52977 |
| Notwithstanding section 3737.17 of the Revised Code, the | 52978 |
| foregoing appropriation item 800-635, Small Government Fire | 52979 |
| Departments, may be used to provide loans to private fire | 52980 |
| departments. | 52981 |
| UNCLAIMED FUNDS PAYMENTS | 52982 |
| The foregoing appropriation item 800-625, Unclaimed | 52983 |
| Funds-Claims, shall be used to pay claims under section 169.08 of | 52984 |
| the Revised Code. If it is determined that additional amounts are | 52985 |
| necessary, the amounts are hereby appropriated. | 52986 |
| UNCLAIMED FUNDS TRANSFERS | 52987 |
| Notwithstanding division (A) of section 169.05 of the Revised | 52988 |
| Code, prior to June 30, 2008, and upon the request of the Director | 52989 |
| of Budget and Management, the Director of Commerce shall transfer | 52990 |
| to the General Revenue Fund up to $29,275,000 of unclaimed funds | 52991 |
| that have been reported by holders of unclaimed funds under | 52992 |
| section 169.05 of the Revised Code, irrespective of the allocation | 52993 |
| of the unclaimed funds under that section. | 52994 |
| Notwithstanding division (A) of section 169.05 of the Revised | 52995 |
| Code, prior to June 30, 2009, and upon the request of the Director | 52996 |
| of Budget and Management, the Director of Commerce shall transfer | 52997 |
| to the General Revenue Fund up to $29,275,000 of unclaimed funds | 52998 |
| that have been reported by holders of unclaimed funds under | 52999 |
| section 169.05 of the Revised Code, irrespective of the allocation | 53000 |
| of the unclaimed funds under that section. | 53001 |
| CASH TRANSFER TO GENERAL REVENUE FUND | 53002 |
| Notwithstanding any other law to the contrary, the Director | 53003 |
| of Budget and Management shall transfer up to $5,700,000 in cash | 53004 |
| in fiscal year 2008 and up to $5,800,000 in cash in fiscal year | 53005 |
| 2009 from the State Fire Marshal Fund (Fund 546) to the General | 53006 |
| Revenue Fund. | 53007 |
| FIRE DEPARTMENT GRANTS | 53008 |
| Of the foregoing appropriation item 800-639, Fire Department | 53009 |
| Grants, up to $760,000 in each fiscal year shall be used to make | 53010 |
| annual grants to volunteer fire departments of up to $10,000, or | 53011 |
| up to $25,000 if the volunteer fire department provides service | 53012 |
| for an area affected by a natural disaster. The grant program | 53013 |
| shall be administered by the Fire Marshal under the Department of | 53014 |
| Commerce. The Fire Marshal shall adopt rules as are necessary for | 53015 |
| the administration and operation of the grant program. | 53016 |
| Of the foregoing appropriation item 800-639, Fire Department | 53017 |
| Grants, up to $687,140 in each fiscal year shall be used as full | 53018 |
| or partial reimbursement to local units of government and fire | 53019 |
| departments for the cost of firefighter training and equipment or | 53020 |
| gear. Under rules that the department shall adopt, a local unit of | 53021 |
| government or fire department may apply to the department for a | 53022 |
| grant to cover all documented costs that are incurred to provide | 53023 |
| firefighter training and equipment or gear. The department shall | 53024 |
| make grants within the limits of the funding provided, with | 53025 |
| priority given to fire departments that serve small villages and | 53026 |
| townships. | 53027 |
| Of the foregoing appropriation item 800-639, Fire Department | 53028 |
| Grants, up to $200,000 in each fiscal year shall be used to make | 53029 |
| grants to fire departments to assist in the conversion of existing | 53030 |
| data systems to the NFIRS 5 electronic fire reporting system. | 53031 |
| Under rules that the department shall adopt, awards shall have a | 53032 |
| maximum of $50,000 per fire department and shall be based on a | 53033 |
| point system that includes factors such as consideration of the | 53034 |
| fire department's information technology and operating budgets, | 53035 |
| population and area served, number of incidents, data conversion | 53036 |
| and implementation methods, and readiness. | 53037 |
| CASH TRANSFER TO REAL ESTATE OPERATING FUND | 53038 |
| At the request of the Director of Commerce, the Director of | 53039 |
| Budget and Management may transfer up to $100,000 in cash from the | 53040 |
| Real Estate Recovery Fund (Fund 548) and up to $350,000 in cash | 53041 |
| from the Real Estate Appraiser Recovery Fund (Fund 4B2) to the | 53042 |
| Real Estate Operating Fund (Fund 549) during fiscal years | 53043 |
| 2008-2009. | 53044 |
| INCREASED APPROPRIATION AUTHORITY - MERCHANDISING | 53045 |
| The foregoing appropriation item 800-601, Merchandising, | 53046 |
| shall be used under section 4301.12 of the Revised Code. If it is | 53047 |
| determined that additional amounts are necessary, the amounts are | 53048 |
| hereby appropriated. | 53049 |
| DEVELOPMENT ASSISTANCE DEBT SERVICE | 53050 |
| The foregoing appropriation item 800-633, Development | 53051 |
| Assistance Debt Service, shall be used to pay debt service and | 53052 |
| related financing costs at the times they are required to be made | 53053 |
| during the period from July 1, 2007, to June 30, 2009, for bond | 53054 |
| service charges on obligations issued under Chapter 166. of the | 53055 |
| Revised Code. If it is determined that additional appropriations | 53056 |
| are necessary for this purpose, such amounts are hereby | 53057 |
| appropriated, subject to the limitations set forth in section | 53058 |
| 166.11 of the Revised Code. An appropriation for this purpose is | 53059 |
| not required, but is made in this form and in this act for record | 53060 |
| purposes only. | 53061 |
| REVITALIZATION DEBT SERVICE | 53062 |
| The foregoing appropriation item 800-636, Revitalization Debt | 53063 |
| Service, shall be used to pay debt service and related financing | 53064 |
| costs under sections 151.01 and 151.40 of the Revised Code during | 53065 |
| the period from July 1, 2007, to June 30, 2009. If it is | 53066 |
| determined that additional appropriations are necessary for this | 53067 |
| purpose, such amounts are hereby appropriated. The General | 53068 |
| Assembly acknowledges the priority of the pledge of a portion of | 53069 |
| receipts from that source to obligations issued and to be issued | 53070 |
| under Chapter 166. of the Revised Code. | 53071 |
| ADMINISTRATIVE ASSESSMENTS | 53072 |
| Notwithstanding any other provision of law to the contrary, | 53073 |
| Fund 163, Division of Administration, is entitled to receive | 53074 |
| assessments from all operating funds of the department in | 53075 |
| accordance with procedures prescribed by the Director of Commerce | 53076 |
| and approved by the Director of Budget and Management. | 53077 |
| Section 247.10. OCC OFFICE OF CONSUMERS' COUNSEL | 53078 |
| General Services Fund Group | 53079 |
| 5F5 | 053-601 | Operating Expenses | $ | 8,498,070 | $ | 8,498,070 | 53080 | ||||
| TOTAL GSF General Services Fund Group | $ | 8,498,070 | $ | 8,498,070 | 53081 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 8,498,070 | $ | 8,498,070 | 53082 | ||||||
| Section 249.10. CEB CONTROLLING BOARD | 53084 |
| General Revenue Fund | 53085 |
| GRF | 911-404 | Mandate Assistance | $ | 650,000 | $ | 650,000 | 53086 | ||||
| GRF | 911-441 | Ballot Advertising Costs | $ | 300,000 | $ | 300,000 | 53087 | ||||
| TOTAL GRF General Revenue Fund | $ | 950,000 | $ | 950,000 | 53088 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 950,000 | $ | 950,000 | 53089 | ||||||
| BUDGET STABILIZATION FUND TRANSFERS TO THE EMERGENCY | 53090 |
| PURPOSES/CONTINGENCIES APPROPRIATION LINE ITEM | 53091 |
| Notwithstanding any other provision of law to the contrary, | 53092 |
| the Director of Budget and Management may, with Controlling Board | 53093 |
| approval, transfer up to $4,000,000 in cash, in each of fiscal | 53094 |
| years 2008 and 2009, from the Budget Stabilization Fund to the | 53095 |
| General Revenue Fund. Upon completion of the transfer, the | 53096 |
| Director of Budget and Management shall appropriate the | 53097 |
| transferred amount to appropriation item 911-401, Emergency | 53098 |
| Purposes/Contingencies. The Controlling Board may, at the request | 53099 |
| of any state agency or the Director of Budget and Management, | 53100 |
| transfer all or part of the appropriation in appropriation item | 53101 |
| 911-401, Emergency Purposes/Contingencies, for the purpose of | 53102 |
| providing disaster and emergency situation aid to state agencies | 53103 |
| and political subdivisions in the event of disasters and emergency | 53104 |
| situations or for the other purposes noted in this section, | 53105 |
| including, but not limited to, costs related to the disturbance | 53106 |
| that occurred on April 11, 1993, at the Southern Ohio Correctional | 53107 |
| Facility in Lucasville, Ohio. | 53108 |
| FEDERAL SHARE | 53109 |
| In transferring appropriations to or from appropriation items | 53110 |
| that have federal shares identified in this act, the Controlling | 53111 |
| Board shall add or subtract corresponding amounts of federal | 53112 |
| matching funds at the percentages indicated by the state and | 53113 |
| federal division of the appropriations in this act. Such changes | 53114 |
| are hereby appropriated. | 53115 |
| DISASTER ASSISTANCE | 53116 |
| Pursuant to requests submitted by the Department of Public | 53117 |
| Safety, the Controlling Board may approve transfers from | 53118 |
| appropriation item 911-401, Emergency Purposes/Contingencies, to | 53119 |
| Department of Public Safety appropriation items to provide funding | 53120 |
| for assistance to political subdivisions and individuals made | 53121 |
| necessary by natural disasters or emergencies. Such transfers may | 53122 |
| be requested and approved prior to or following the occurrence of | 53123 |
| any specific natural disasters or emergencies in order to | 53124 |
| facilitate the provision of timely assistance. | 53125 |
| DISASTER SERVICES | 53126 |
| Pursuant to requests submitted by the Department of Public | 53127 |
| Safety, the Controlling Board may approve transfers from the | 53128 |
| Disaster Services Fund (5E2) to a Department of Public Safety fund | 53129 |
| and appropriation item to provide for assistance to political | 53130 |
| subdivisions made necessary by natural disasters or emergencies. | 53131 |
| These transfers may be requested and approved prior to the | 53132 |
| occurrence of any specific natural disasters or emergencies in | 53133 |
| order to facilitate the provision of timely assistance. The | 53134 |
| Emergency Management Agency of the Department of Public Safety | 53135 |
| shall use the funding to fund the State Disaster Relief Program | 53136 |
| for disasters that have been declared by the Governor, and the | 53137 |
| State Individual Assistance Program for disasters that have been | 53138 |
| declared by the Governor and the federal Small Business | 53139 |
| Administration. The Ohio Emergency Management Agency shall publish | 53140 |
| and make available application packets outlining procedures for | 53141 |
| the State Disaster Relief Program and the State Individual | 53142 |
| Assistance Program. | 53143 |
| The Disaster Services Fund (5E2) shall be used by the | 53144 |
| Controlling Board, pursuant to requests submitted by state | 53145 |
| agencies, to transfer cash and appropriation authority to any fund | 53146 |
| and appropriation item for the payment of state agency disaster | 53147 |
| relief program expenses for disasters declared by the Governor, | 53148 |
| if the Director of Budget and Management determines that | 53149 |
| sufficient funds exist. | 53150 |
| The unencumbered balance of the Disaster Services Fund (5E2) | 53151 |
| at the end of fiscal year 2008 is transferred to fiscal year 2009 | 53152 |
| for use for the same purposes as in fiscal year 2009. | 53153 |
| SOUTHERN OHIO CORRECTIONAL FACILITY COST | 53154 |
| The Division of Criminal Justice Services in the Department | 53155 |
| of Public Safety and the Public Defender Commission may each | 53156 |
| request, upon approval of the Director of Budget and Management, | 53157 |
| additional funds from appropriation item 911-401, Emergency | 53158 |
| Purposes/Contingencies, for costs related to the disturbance that | 53159 |
| occurred on April 11, 1993, at the Southern Ohio Correctional | 53160 |
| Facility in Lucasville, Ohio. | 53161 |
| MANDATE ASSISTANCE | 53162 |
| (A) The foregoing appropriation item 911-404, Mandate | 53163 |
| Assistance, shall be used to provide financial assistance to local | 53164 |
| units of government and school districts for the cost of the | 53165 |
| following two unfunded state mandates: | 53166 |
| (1) The cost to county prosecutors for prosecuting certain | 53167 |
| felonies that occur on the grounds of state institutions operated | 53168 |
| by the Department of Rehabilitation and Correction and the | 53169 |
| Department of Youth Services; | 53170 |
| (2) The cost to school districts of in-service training for | 53171 |
| child abuse detection. | 53172 |
| (B) The Division of Criminal Justice Services in the | 53173 |
| Department of Public Safety and the Department of Education may | 53174 |
| prepare and submit to the Controlling Board one or more requests | 53175 |
| to transfer appropriations from appropriation item 911-404, | 53176 |
| Mandate Assistance. The state agencies charged with this | 53177 |
| administrative responsibility are listed below, as well as the | 53178 |
| estimated annual amounts that may be used for each program of | 53179 |
| state financial assistance. | 53180 |
| ADMINISTERING | ESTIMATED ANNUAL | 53181 | ||||
| PROGRAM | AGENCY | AMOUNT | 53182 |
| Prosecution Costs | Division of Criminal | $150,000 | 53183 | |||
| Justice Services | 53184 | |||||
| Child Abuse Detection Training Costs | Department of Education | $500,000 | 53185 |
| (C) Subject to the total amount appropriated in each fiscal | 53186 |
| year for appropriation item 911-404, Mandate Assistance, the | 53187 |
| Division of Criminal Justice Services in the Department of Public | 53188 |
| Safety and the Department of Education may request from the | 53189 |
| Controlling Board that amounts smaller or larger than these | 53190 |
| estimated annual amounts be transferred to each program. | 53191 |
| (D) In addition to making the initial transfers requested by | 53192 |
| the Division of Criminal Justice Services in the Department of | 53193 |
| Public Safety and the Department of Education, the Controlling | 53194 |
| Board may transfer appropriations received by a state agency under | 53195 |
| this section back to appropriation item 911-404, Mandate | 53196 |
| Assistance, or to the other program of state financial assistance | 53197 |
| identified under this section. | 53198 |
| (E) It is expected that not all costs incurred by local units | 53199 |
| of government and school districts under each of the two programs | 53200 |
| of state financial assistance identified in this section will be | 53201 |
| fully reimbursed by the state. Reimbursement levels may vary by | 53202 |
| program and shall be based on: the relationship between the | 53203 |
| appropriation transfers requested by the Division of Criminal | 53204 |
| Justice Services in the Department of Public Safety and the | 53205 |
| Department of Education and provided by the Controlling Board for | 53206 |
| each of the programs; the rules and procedures established for | 53207 |
| each program by the administering state agency; and the actual | 53208 |
| costs incurred by local units of government and school districts. | 53209 |
| (F) Each of these programs of state financial assistance | 53210 |
| shall be carried out as follows: | 53211 |
| (1) PROSECUTION COSTS | 53212 |
| (a) Appropriations may be transferred to the Division of | 53213 |
| Criminal Justice Services in the Department of Public Safety to | 53214 |
| cover local prosecution costs for aggravated murder, murder, | 53215 |
| felonies of the first degree, and felonies of the second degree | 53216 |
| that occur on the grounds of institutions operated by the | 53217 |
| Department of Rehabilitation and Correction and the Department of | 53218 |
| Youth Services. | 53219 |
| (b) Upon a delinquency filing in juvenile court or the return | 53220 |
| of an indictment for aggravated murder, murder, or any felony of | 53221 |
| the first or second degree that was committed at a Department of | 53222 |
| Youth Services or a Department of Rehabilitation and Correction | 53223 |
| institution, the affected county may, in accordance with rules | 53224 |
| that the Division of Criminal Justice Services in the Department | 53225 |
| of Public Safety shall adopt, apply to the Division of Criminal | 53226 |
| Justice Services for a grant to cover all documented costs that | 53227 |
| are incurred by the county prosecutor's office. | 53228 |
| (c) Twice each year, the Division of Criminal Justice | 53229 |
| Services in the Department of Public Safety shall designate | 53230 |
| counties to receive grants from those counties that have submitted | 53231 |
| one or more applications in compliance with the rules that have | 53232 |
| been adopted by the Division of Criminal Justice Services for the | 53233 |
| receipt of such grants. In each year's first round of grant | 53234 |
| awards, if sufficient appropriations have been made, up to a total | 53235 |
| of $100,000 may be awarded. In each year's second round of grant | 53236 |
| awards, the remaining appropriations available for this purpose | 53237 |
| may be awarded. | 53238 |
| (d) If for a given round of grants there are insufficient | 53239 |
| appropriations to make grant awards to all the eligible counties, | 53240 |
| the first priority shall be given to counties with cases involving | 53241 |
| aggravated murder and murder; second priority shall be given to | 53242 |
| counties with cases involving a felony of the first degree; and | 53243 |
| third priority shall be given to counties with cases involving a | 53244 |
| felony of the second degree. Within these priorities, the grant | 53245 |
| awards shall be based on the order in which the applications were | 53246 |
| received, except that applications for cases involving a felony of | 53247 |
| the first or second degree shall not be considered in more than | 53248 |
| two consecutive rounds of grant awards. | 53249 |
| (2) CHILD ABUSE DETECTION TRAINING COSTS | 53250 |
| Appropriations may be transferred to the Department of | 53251 |
| Education for disbursement to local school districts as full or | 53252 |
| partial reimbursement for the cost of providing in-service | 53253 |
| training for child abuse detection. In accordance with rules that | 53254 |
| the department shall adopt, a local school district may apply to | 53255 |
| the department for a grant to cover all documented costs that are | 53256 |
| incurred to provide in-service training for child abuse detection. | 53257 |
| The department shall make grants within the limits of the funding | 53258 |
| provided. | 53259 |
| (G) Any moneys allocated within appropriation item 911-404, | 53260 |
| Mandate Assistance, not fully utilized may, upon application of | 53261 |
| the Ohio Public Defender Commission, and with the approval of the | 53262 |
| Controlling Board, be disbursed to boards of county commissioners | 53263 |
| to provide additional reimbursement for the costs incurred by | 53264 |
| counties in providing defense to indigent defendants pursuant to | 53265 |
| Chapter 120. of the Revised Code. Application for the unutilized | 53266 |
| funds shall be made by the Ohio Public Defender Commission at the | 53267 |
| first June meeting of the Controlling Board. | 53268 |
| The amount to be disbursed to each county shall be allocated | 53269 |
| proportionately on the basis of the total amount of reimbursement | 53270 |
| paid to each county as a percentage of the amount of reimbursement | 53271 |
| paid to all of the counties during the most recent state fiscal | 53272 |
| year for which data is available and as calculated by the Ohio | 53273 |
| Public Defender Commission. | 53274 |
| BALLOT ADVERTISING COSTS | 53275 |
| Pursuant to requests submitted by the Ohio Ballot Board, the | 53276 |
| Controlling Board shall approve transfers from the foregoing | 53277 |
| appropriation item 911-441, Ballot Advertising Costs, to an Ohio | 53278 |
| Ballot Board appropriation item in order to reimburse county | 53279 |
| boards of elections for the cost of public notices associated with | 53280 |
| statewide ballot initiatives. | 53281 |
| Section 251.10. COS STATE BOARD OF COSMETOLOGY | 53282 |
| General Services Fund Group | 53283 |
| 4K9 | 879-609 | Operating Expenses | $ | 3,533,679 | $ | 3,533,679 | 53284 | ||||
| TOTAL GSF General Services Fund | 53285 | ||||||||||
| Group | $ | 3,533,679 | $ | 3,533,679 | 53286 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 3,533,679 | $ | 3,533,679 | 53287 | ||||||
| Section 253.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE | 53289 |
| AND FAMILY THERAPIST BOARD | 53290 |
| General Services Fund Group | 53291 |
| 4K9 | 899-609 | Operating Expenses | $ | 1,124,267 | $ | 1,179,774 | 53292 | ||||
| TOTAL GSF General Services Fund | 53293 | ||||||||||
| Group | $ | 1,124,267 | $ | 1,179,774 | 53294 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,124,267 | $ | 1,179,774 | 53295 | ||||||
| Section 255.10. CLA COURT OF CLAIMS | 53297 |
| General Revenue Fund | 53298 |
| GRF | 015-321 | Operating Expenses | $ | 2,758,681 | $ | 2,841,441 | 53299 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,758,681 | $ | 2,841,441 | 53300 | ||||||
| State Special Revenue Fund Group | 53301 |
| 5K2 | 015-603 | CLA Victims of Crime | $ | 1,582,684 | $ | 1,582,684 | 53302 | ||||
| TOTAL SSR State Special Revenue | 53303 | ||||||||||
| Fund Group | $ | 1,582,684 | $ | 1,582,684 | 53304 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 4,341,365 | $ | 4,424,125 | 53305 | ||||||
| Section 257.10. AFC OHIO CULTURAL FACILITIES COMMISSION | 53307 |
| General Revenue Fund | 53308 |
| GRF | 371-321 | Operating Expenses | $ | 176,136 | $ | 176,136 | 53309 | ||||
| GRF | 371-401 | Lease Rental Payments | $ | 36,604,600 | $ | 37,455,500 | 53310 | ||||
| TOTAL GRF General Revenue Fund | $ | 36,780,736 | $ | 37,631,636 | 53311 | ||||||
| State Special Revenue Fund Group | 53312 |
| 4T8 | 371-601 | Riffe Theatre Equipment Maintenance | $ | 81,000 | $ | 81,000 | 53313 | ||||
| 4T8 | 371-603 | Project Administration Services | $ | 983,295 | $ | 983,295 | 53314 | ||||
| TOTAL SSR State Special Revenue Group | $ | 1,064,295 | $ | 1,064,295 | 53315 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 37,845,031 | $ | 38,695,931 | 53316 | ||||||
| LEASE RENTAL PAYMENTS | 53317 |
| The foregoing appropriation item 371-401, Lease Rental | 53318 |
| Payments, shall be used to meet all payments from the Ohio | 53319 |
| Cultural Facilities Commissions to the Treasurer of State during | 53320 |
| the period from July 1, 2007, to June 30, 2009, under the primary | 53321 |
| leases and agreements for those arts and sports facilities made | 53322 |
| under Chapters 152. and 154. of the Revised Code. This | 53323 |
| appropriation is the source of funds pledged for bond service | 53324 |
| charges on related obligations issued pursuant to Chapters 152. | 53325 |
| and 154. of the Revised Code. | 53326 |
| OPERATING EXPENSES | 53327 |
| The foregoing appropriation item 371-321, Operating Expenses, | 53328 |
| shall be used by the Ohio Cultural Facilities Commission to carry | 53329 |
| out its responsibilities under this section and Chapter 3383. of | 53330 |
| the Revised Code. | 53331 |
| By July 10, 2007, or as soon as possible thereafter, the | 53332 |
| Director of Budget and Management shall determine the amount of | 53333 |
| cash from interest earnings to be transferred from the Cultural | 53334 |
| and Sports Facilities Building Fund (Fund 030) to the Cultural | 53335 |
| Facilities Commission Administration Fund (Fund 4T8). | 53336 |
| By July 10, 2008, or as soon as possible thereafter, the | 53337 |
| Director of Budget and Management shall determine the amount of | 53338 |
| cash from interest earnings to be transferred from the Cultural | 53339 |
| and Sports Facilities Building Fund (Fund 030) to the Cultural | 53340 |
| Facilities Commission Administration Fund (Fund 4T8). | 53341 |
| As soon as possible after each bond issuance made on behalf | 53342 |
| of the Cultural Facilities Commission, the Director of Budget and | 53343 |
| Management shall determine the amount of cash from any premium | 53344 |
| paid on each issuance that is available to be transferred after | 53345 |
| all issuance costs have been paid from the Cultural and Sports | 53346 |
| Facilities Building Fund (Fund 030) to the Cultural Facilities | 53347 |
| Commission Administration Fund (Fund 4T8). | 53348 |
| Section 259.10. DEN STATE DENTAL BOARD | 53349 |
| General Services Fund Group | 53350 |
| 4K9 | 880-609 | Operating Expenses | $ | 1,437,392 | $ | 1,528,749 | 53351 | ||||
| TOTAL GSF General Services Fund | 53352 | ||||||||||
| Group | $ | 1,437,392 | $ | 1,528,749 | 53353 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,437,392 | $ | 1,528,749 | 53354 | ||||||
| Section 261.10. BDP BOARD OF DEPOSIT | 53356 |
| General Services Fund Group | 53357 |
| 4M2 | 974-601 | Board of Deposit | $ | 1,676,000 | $ | 1,676,000 | 53358 | ||||
| TOTAL GSF General Services Fund | 53359 | ||||||||||
| Group | $ | 1,676,000 | $ | 1,676,000 | 53360 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,676,000 | $ | 1,676,000 | 53361 | ||||||
| BOARD OF DEPOSIT EXPENSE FUND | 53362 |
| Upon receiving certification of expenses from the Treasurer | 53363 |
| of State, the Director of Budget and Management shall transfer | 53364 |
| cash from the Investment Earnings Redistribution Fund (Fund 608) | 53365 |
| to the Board of Deposit Expense Fund (Fund 4M2). The latter fund | 53366 |
| shall be used to pay for banking charges and fees required for the | 53367 |
| operation of the State of Ohio Regular Account. | 53368 |
| Section 263.10. DEV DEPARTMENT OF DEVELOPMENT | 53369 |
| General Revenue Fund | 53370 |
| GRF | 195-401 | Thomas Edison Program | $ | 19,404,838 | $ | 17,978,483 | 53371 | ||||
| GRF | 195-404 | Small Business Development | $ | 1,740,722 | $ | 1,792,944 | 53372 | ||||
| GRF | 195-405 | Minority Business Development Division | $ | 1,580,291 | $ | 1,627,700 | 53373 | ||||
| GRF | 195-407 | Travel and Tourism | $ | 6,782,845 | $ | 6,762,845 | 53374 | ||||
| GRF | 195-410 | Defense Conversion Assistance | $ | 5,000,000 | $ | 0 | 53375 | ||||
| GRF | 195-412 | Rapid Outreach Grants | $ | 10,750,000 | $ | 10,000,000 | 53376 | ||||
| GRF | 195-415 | Economic Development Division and Regional Offices | $ | 5,894,975 | $ | 6,071,824 | 53377 | ||||
| GRF | 195-416 | Governor's Office of Appalachia | $ | 4,746,043 | $ | 4,746,043 | 53378 | ||||
| GRF | 195-422 | Third Frontier Action Fund | $ | 18,790,000 | $ | 16,790,000 | 53379 | ||||
| GRF | 195-426 | Clean Ohio Implementation | $ | 300,000 | $ | 309,000 | 53380 | ||||
| GRF | 195-432 | International Trade | $ | 4,650,501 | $ | 4,650,501 | 53381 | ||||
| GRF | 195-434 | Investment in Training Grants | $ | 12,227,500 | $ | 12,594,325 | 53382 | ||||
| GRF | 195-436 | Labor/Management Cooperation | $ | 836,225 | $ | 836,225 | 53383 | ||||
| GRF | 195-497 | CDBG Operating Match | $ | 1,072,184 | $ | 1,072,184 | 53384 | ||||
| GRF | 195-498 | State Match Energy | $ | 96,820 | $ | 96,820 | 53385 | ||||
| GRF | 195-501 | Appalachian Local Development Districts | $ | 391,482 | $ | 391,482 | 53386 | ||||
| GRF | 195-502 | Appalachian Regional Commission Dues | $ | 254,208 | $ | 254,208 | 53387 | ||||
| GRF | 195-507 | Travel and Tourism Grants | $ | 800,000 | $ | 785,000 | 53388 | ||||
| GRF | 195-520 | Ohio Main Street Program | $ | 250,000 | $ | 250,000 | 53389 | ||||
| GRF | 195-905 | Third Frontier Research & Development General Obligation Debt Service | $ | 14,349,500 | $ | 24,523,400 | 53390 | ||||
| GRF | 195-912 | Job Ready Site Development General Obligation Debt Service | $ | 4,359,400 | $ | 8,232,500 | 53391 | ||||
| TOTAL GRF General Revenue Fund | $ | 114,277,534 | $ | 119,765,484 | 53392 | ||||||
| General Services Fund Group | 53393 |
| 135 | 195-684 | Supportive Services | $ | 11,699,404 | $ | 11,321,444 | 53394 | ||||
| 5AD | 195-667 | Investment in Training Expansion | $ | 2,000,000 | $ | 0 | 53395 | ||||
| 5AD | 195-668 | Workforce Guarantee Program | $ | 1,000,000 | $ | 0 | 53396 | ||||
| 5AD | 195-677 | Economic Development Contingency | $ | 5,000,000 | $ | 24,400,000 | 53397 | ||||
| 5W5 | 195-690 | Travel and Tourism Cooperative Projects | $ | 350,000 | $ | 350,000 | 53398 | ||||
| 5W6 | 195-691 | International Trade Cooperative Projects | $ | 300,000 | $ | 300,000 | 53399 | ||||
| 685 | 195-636 | Direct Cost Recovery Expenditures | $ | 800,000 | $ | 800,000 | 53400 | ||||
| TOTAL GSF General Services Fund | 53401 | ||||||||||
| Group | $ | 21,149,404 | $ | 37,171,444 | 53402 | ||||||
| Federal Special Revenue Fund Group | 53403 |
| 3AE | 195-643 | Workforce Development Initiatives | $ | 5,839,900 | $ | 5,860,000 | 53404 | ||||
| 3BJ | 195-685 | TANF Heating Assistance | $ | 45,000,000 | $ | 15,000,000 | 53405 | ||||
| 3K8 | 195-613 | Community Development Block Grant | $ | 65,000,000 | $ | 65,000,000 | 53406 | ||||
| 3K9 | 195-611 | Home Energy Assistance Block Grant | $ | 110,000,000 | $ | 110,000,000 | 53407 | ||||
| 3K9 | 195-614 | HEAP Weatherization | $ | 22,000,000 | $ | 22,000,000 | 53408 | ||||
| 3L0 | 195-612 | Community Services Block Grant | $ | 25,235,000 | $ | 25,235,000 | 53409 | ||||
| 3V1 | 195-601 | HOME Program | $ | 40,000,000 | $ | 40,000,000 | 53410 | ||||
| 308 | 195-602 | Appalachian Regional Commission | $ | 475,000 | $ | 475,000 | 53411 | ||||
| 308 | 195-603 | Housing and Urban Development | $ | 6,000,000 | $ | 6,000,000 | 53412 | ||||
| 308 | 195-605 | Federal Projects | $ | 27,000,000 | $ | 27,000,000 | 53413 | ||||
| 308 | 195-609 | Small Business Administration | $ | 4,296,381 | $ | 4,396,381 | 53414 | ||||
| 308 | 195-618 | Energy Federal Grants | $ | 3,400,000 | $ | 3,400,000 | 53415 | ||||
| 335 | 195-610 | Energy Conservation and Emerging Technology | $ | 2,200,000 | $ | 2,200,000 | 53416 | ||||
| TOTAL FED Federal Special Revenue | 53417 | ||||||||||
| Fund Group | $ | 356,446,281 | $ | 326,566,381 | 53418 | ||||||
| State Special Revenue Fund Group | 53419 |
| 4F2 | 195-639 | State Special Projects | $ | 518,393 | $ | 518,393 | 53420 | ||||
| 4F2 | 195-676 | Marketing Initiatives | $ | 5,000,000 | $ | 1,000,000 | 53421 | ||||
| 4S0 | 195-630 | Tax Incentive Programs | $ | 650,800 | $ | 650,800 | 53422 | ||||
| 4W1 | 195-646 | Minority Business Enterprise Loan | $ | 2,580,597 | $ | 2,580,597 | 53423 | ||||
| 444 | 195-607 | Water and Sewer Commission Loans | $ | 523,775 | $ | 523,775 | 53424 | ||||
| 450 | 195-624 | Minority Business Bonding Program Administration | $ | 53,967 | $ | 53,967 | 53425 | ||||
| 451 | 195-625 | Economic Development Financing Operating | $ | 2,483,311 | $ | 2,483,311 | 53426 | ||||
| 5AR | 195-674 | Industrial Site Improvements | $ | 4,500,000 | $ | 4,500,000 | 53427 | ||||
| 5CG | 195-679 | Alternative Fuel Transportation | $ | 1,500,000 | $ | 1,000,000 | 53428 | ||||
| 5DU | 195-689 | Energy Projects | $ | 840,000 | $ | 840,000 | 53429 | ||||
| 5M4 | 195-659 | Low Income Energy Assistance | $ | 245,000,000 | $ | 245,000,000 | 53430 | ||||
| 5M5 | 195-660 | Advanced Energy Programs | $ | 17,000,000 | $ | 17,000,000 | 53431 | ||||
| 5X1 | 195-651 | Exempt Facility Inspection | $ | 25,000 | $ | 25,000 | 53432 | ||||
| 611 | 195-631 | Water and Sewer Administration | $ | 15,713 | $ | 15,713 | 53433 | ||||
| 617 | 195-654 | Volume Cap Administration | $ | 200,000 | $ | 200,000 | 53434 | ||||
| 646 | 195-638 | Low- and Moderate- Income Housing Trust Fund | $ | 53,000,000 | $ | 53,000,000 | 53435 | ||||
| TOTAL SSR State Special Revenue | 53436 | ||||||||||
| Fund Group | $ | 333,891,556 | $ | 329,391,556 | 53437 | ||||||
| Facilities Establishment Fund Group | 53438 |
| 009 | 195-664 | Innovation Ohio | $ | 50,000,000 | $ | 50,000,000 | 53439 | ||||
| 010 | 195-665 | Research and Development | $ | 50,000,000 | $ | 50,000,000 | 53440 | ||||
| 037 | 195-615 | Facilities Establishment | $ | 110,000,000 | $ | 110,000,000 | 53441 | ||||
| 4Z6 | 195-647 | Rural Industrial Park Loan | $ | 3,000,000 | $ | 3,000,000 | 53442 | ||||
| 5D2 | 195-650 | Urban Redevelopment Loans | $ | 5,475,000 | $ | 5,475,000 | 53443 | ||||
| 5S8 | 195-627 | Rural Development Initiative | $ | 3,000,000 | $ | 3,000,000 | 53444 | ||||
| 5S9 | 195-628 | Capital Access Loan Program | $ | 3,000,000 | $ | 3,000,000 | 53445 | ||||
| TOTAL 037 Facilities | 53446 | ||||||||||
| Establishment Fund Group | $ | 224,475,000 | $ | 224,475,000 | 53447 | ||||||
| Clean Ohio Revitalization Fund | 53448 |
| 003 | 195-663 | Clean Ohio Operating | $ | 625,000 | $ | 550,000 | 53449 | ||||
| TOTAL 003 Clean Ohio Revitalization Fund | $ | 625,000 | $ | 550,000 | 53450 | ||||||
| Third Frontier Research & Development Fund Group | 53451 |
| 011 | 195-686 | Third Frontier Operating | $ | 1,932,056 | $ | 1,932,056 | 53452 | ||||
| 011 | 195-687 | Third Frontier Research & Development Projects | $ | 94,000,000 | $ | 72,000,000 | 53453 | ||||
| 014 | 195-692 | Research & Development Taxable Bond Projects | $ | 28,000,000 | $ | 28,000,000 | 53454 | ||||
| TOTAL 011 Third Frontier Research & Development Fund Group | $ | 123,932,056 | $ | 101,932,056 | 53455 | ||||||
| Job Ready Site Development Fund Group | 53456 |
| 012 | 195-688 | Job Ready Site Operating | $ | 1,246,155 | $ | 1,246,155 | 53457 | ||||
| TOTAL 012 Job Ready Site Development Fund Group | $ | 1,246,155 | $ | 1,246,155 | 53458 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,176,042,986 | $ | 1,141,098,076 | 53459 |
| Section 263.10.10. THOMAS EDISON PROGRAM | 53461 |
| The foregoing appropriation item 195-401, Thomas Edison | 53462 |
| Program, shall be used for the purposes of sections 122.28 to | 53463 |
| 122.38 of the Revised Code in order to provide funds for | 53464 |
| cooperative public and private efforts in technological innovation | 53465 |
| to promote the development and transfer of technology by and to | 53466 |
| Ohio businesses that will lead to the creation of jobs. The | 53467 |
| foregoing appropriation item 195-401, Thomas Edison Program, shall | 53468 |
| not be used for the operating costs of the Department of | 53469 |
| Development. | 53470 |
| Of the foregoing appropriation item 195-401, Thomas Edison | 53471 |
| Program, $2,000,000 in fiscal year 2008 shall be used by Project | 53472 |
| Development, Inc., for technology commercialization. | 53473 |
| Section 263.10.20. SMALL BUSINESS DEVELOPMENT | 53474 |
| The foregoing appropriation item 195-404, Small Business | 53475 |
| Development, shall be used to ensure that the unique needs and | 53476 |
| concerns of small businesses are addressed. | 53477 |
| The foregoing appropriation item 195-404, Small Business | 53478 |
| Development, may be used to provide grants to local organizations | 53479 |
| to support the operation of Small Business Development Centers and | 53480 |
| other local economic development activity promoting small | 53481 |
| business, including the 1st Stop Business Connection, and for the | 53482 |
| cost of administering the small business development center | 53483 |
| program. The centers shall provide technical, financial, and | 53484 |
| management consultation for small business and shall facilitate | 53485 |
| access to state and federal programs. These funds shall be used as | 53486 |
| matching funds for grants from the United States Small Business | 53487 |
| Administration and other federal agencies, pursuant to Public Law | 53488 |
| No. 96-302 (1980) as amended by Public Law No. 98-395 (1984), and | 53489 |
| regulations and policy guidelines for the programs under this law. | 53490 |
| MINORITY BUSINESS DEVELOPMENT DIVISION | 53491 |
| Of the foregoing appropriation item 195-405, Minority | 53492 |
| Business Development Division, up to $1,060,000 but not less than | 53493 |
| $954,000 in each fiscal year shall be used to fund minority | 53494 |
| contractors and business assistance organizations. The Minority | 53495 |
| Business Development Division shall determine which cities need | 53496 |
| minority contractors and business assistance organizations by | 53497 |
| utilizing United States Census Bureau data and zip codes to locate | 53498 |
| the highest concentrations of minority businesses. The Minority | 53499 |
| Business Development Division also shall determine the numbers of | 53500 |
| minority contractors and business assistance organizations | 53501 |
| necessary and the amount of funding to be provided each. In | 53502 |
| addition, the Minority Business Development Division shall | 53503 |
| continue to plan and implement business conferences. | 53504 |
| Section 263.10.30. RAPID OUTREACH GRANTS | 53505 |
| The foregoing appropriation item 195-412, Rapid Outreach | 53506 |
| Grants, shall be used as an incentive for attracting and retaining | 53507 |
| business opportunities for the state. Any such business | 53508 |
| opportunity, whether new, expanding, or relocating in Ohio, is | 53509 |
| eligible for funding. The project must create or retain a | 53510 |
| significant number of jobs for Ohioans. Grant awards may be | 53511 |
| considered only when (1) the project's viability hinges on an | 53512 |
| award of funds from appropriation item 195-412, Rapid Outreach | 53513 |
| Grants; (2) all other public or private sources of financing have | 53514 |
| been considered; or (3) the funds act as a catalyst for the | 53515 |
| infusion into the project of other financing sources. | 53516 |
| The department's primary goal shall be to award funds to | 53517 |
| political subdivisions of the state for off-site infrastructure | 53518 |
| improvements. In order to meet the particular needs of economic | 53519 |
| development in a region, the department may elect to award funds | 53520 |
| directly to a business for on-site infrastructure improvements. | 53521 |
| "Infrastructure improvements" mean improvements to water system | 53522 |
| facilities, sewer and sewage treatment facilities, electric or gas | 53523 |
| service facilities, fiber optic facilities, rail facilities, site | 53524 |
| preparation, and parking facilities. The Director of Development | 53525 |
| may recommend the funds be used in an alternative manner when | 53526 |
| considered appropriate to meet an extraordinary economic | 53527 |
| development opportunity or need. | 53528 |
| The foregoing appropriation item 195-412, Rapid Outreach | 53529 |
| Grants, may be expended only after the submission of a request to | 53530 |
| the Controlling Board by the Department of Development outlining | 53531 |
| the planned use of the funds, and the subsequent approval of the | 53532 |
| request by the Controlling Board. | 53533 |
| The foregoing appropriation item 195-412, Rapid Outreach | 53534 |
| Grants, may be used for, but is not limited to, construction, | 53535 |
| rehabilitation, and acquisition projects for rail freight | 53536 |
| assistance as requested by the Department of Transportation. The | 53537 |
| Director of Transportation shall submit the proposed projects to | 53538 |
| the Director of Development for an evaluation of potential | 53539 |
| economic benefit. | 53540 |
| Section 263.10.40. ECONOMIC DEVELOPMENT DIVISION AND REGIONAL | 53541 |
| OFFICES | 53542 |
| The foregoing appropriation item 195-415, Economic | 53543 |
| Development Division and Regional Offices, shall be used for the | 53544 |
| operating expenses of the Economic Development Division and the | 53545 |
| regional economic development offices and for grants for | 53546 |
| cooperative economic development ventures. | 53547 |
| Section 263.10.50. GOVERNOR'S OFFICE OF APPALACHIA | 53548 |
| The foregoing appropriation item 195-416, Governor's Office | 53549 |
| of Appalachia, shall be used for the administrative costs of | 53550 |
| planning and liaison activities for the Governor's Office of | 53551 |
| Appalachia, and to provide financial assistance to projects in | 53552 |
| Ohio's Appalachian counties. | 53553 |
| Of the foregoing appropriation item 195-416, Governor's | 53554 |
| Office of Appalachia, up to $250,000 each fiscal year shall be | 53555 |
| used to match federal funds from the Appalachian Regional | 53556 |
| Commission to provide job training to impact the Appalachian | 53557 |
| Region. | 53558 |
| Of the foregoing appropriation item 195-416, Governor's | 53559 |
| Office of Appalachia, up to $4,246,043 in each fiscal year shall | 53560 |
| be used in conjunction with other federal and state funds to | 53561 |
| provide financial assistance to projects in Ohio's Appalachian | 53562 |
| counties in order to further the goals of the Appalachian Regional | 53563 |
| Commission. The projects and project sponsors shall meet | 53564 |
| Appalachian Regional Commission eligibility requirements. Grants | 53565 |
| shall be administered by the Department of Development. | 53566 |
| Section 263.10.60. THIRD FRONTIER ACTION FUND | 53567 |
| The foregoing appropriation item 195-422, Third Frontier | 53568 |
| Action Fund, shall be used to make grants under sections 184.01 | 53569 |
| and 184.02 of the Revised Code. Prior to the release of funds from | 53570 |
| appropriation item 195-422, Third Frontier Action Fund, each grant | 53571 |
| award shall be recommended for funding by the Third Frontier | 53572 |
| Commission and obtain approval from the Controlling Board. | 53573 |
| Of the foregoing appropriation item 195-422, Third Frontier | 53574 |
| Action Fund, not more than six per cent in each fiscal year shall | 53575 |
| be used for operating expenditures in administering the program. | 53576 |
| In addition to the six per cent for operating expenditures, | 53577 |
| an additional administrative amount, not to exceed $1,500,000 | 53578 |
| within the biennium, shall be available for proposal evaluation, | 53579 |
| research and analyses, and marketing efforts considered necessary | 53580 |
| to receive and disseminate information about science and | 53581 |
| technology-related opportunities in the state. | 53582 |
| Of the foregoing appropriation item 195-422, Third Frontier | 53583 |
| Action Fund, $2,000,000 in fiscal year 2008 shall be used by | 53584 |
| Project Development, Inc., for business and job creation resulting | 53585 |
| from Third Frontier investments. | 53586 |
| SCIENCE AND TECHNOLOGY COLLABORATION | 53587 |
| The Department of Development shall work in close | 53588 |
| collaboration with the Board of Regents, the Air Quality | 53589 |
| Development Authority, and the Third Frontier Commission in | 53590 |
| relation to appropriation items and programs referred to as | 53591 |
| Alignment Programs in the following paragraph, and other | 53592 |
| technology-related appropriations and programs in the Department | 53593 |
| of Development, Air Quality Development Authority, and the Board | 53594 |
| of Regents as these agencies may designate, to ensure | 53595 |
| implementation of a coherent state strategy with respect to | 53596 |
| science and technology. | 53597 |
| "Alignment Programs" means appropriation items 195-401, | 53598 |
| Thomas Edison Program; 898-402, Coal Development Office; 195-422, | 53599 |
| Third Frontier Action Fund; 898-604, Coal Research and Development | 53600 |
| Fund; 235-433, Economic Growth Challenge; 235-508, Air Force | 53601 |
| Institute of Technology; 235-510, Ohio Supercomputer Center; | 53602 |
| 235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute; | 53603 |
| 235-535, Ohio Agricultural Research and Development Center; | 53604 |
| 235-553, Dayton Area Graduate Studies Institute; 235-554, | 53605 |
| Priorities in Collaborative Graduate Education; 235-556, Ohio | 53606 |
| Academic Resources Network; 195-435, Biomedical Research and | 53607 |
| Technology Transfer Trust; 195-687, Third Frontier Research & | 53608 |
| Development Projects; CAP-068, Third Frontier Project; and | 53609 |
| 195-692, Research & Development Taxable Bond Projects. | 53610 |
| Consistent with the recommendations of the Governor's | 53611 |
| Commission on Higher Education and the Economy, Alignment Programs | 53612 |
| shall be managed and administered in accordance with the following | 53613 |
| objectives: (1) to build on existing competitive research | 53614 |
| strengths; (2) to encourage new and emerging discoveries and | 53615 |
| commercialization of products and ideas that will benefit the Ohio | 53616 |
| economy; and (3) to assure improved collaboration among Alignment | 53617 |
| Programs with programs administered by the Third Frontier | 53618 |
| Commission and with other state programs that are intended to | 53619 |
| improve economic growth and job creation. As directed by the Third | 53620 |
| Frontier Commission, Alignment Program managers shall report to | 53621 |
| the Commission or the Third Frontier Advisory Board regarding the | 53622 |
| contributions of their programs to achieving these objectives. | 53623 |
| Each Alignment Program shall be reviewed annually by the | 53624 |
| Third Frontier Commission with respect to its development of | 53625 |
| complementary relationships within a combined state science and | 53626 |
| technology investment portfolio, and with respect to its overall | 53627 |
| contribution to the state's science and technology strategy, | 53628 |
| including the adoption of appropriately consistent criteria for: | 53629 |
| (1) the scientific merit of activities supported by the program; | 53630 |
| (2) the relevance of the program's activities to commercial | 53631 |
| opportunities in the private sector; (3) the private sector's | 53632 |
| involvement in a process that continually evaluates commercial | 53633 |
| opportunities to use the work supported by the program; and (4) | 53634 |
| the ability of the program and recipients of grant funding from | 53635 |
| the program to engage in activities that are collaborative, | 53636 |
| complementary, and efficient with respect to the expenditures of | 53637 |
| state funds. Each Alignment Program shall provide an annual report | 53638 |
| to the Third Frontier Commission that discusses existing, planned, | 53639 |
| or possible collaborations between programs and between recipients | 53640 |
| of grant funding related to technology, development, | 53641 |
| commercialization, and the support of Ohio's economic development. | 53642 |
| The annual review conducted by the Third Frontier Commission shall | 53643 |
| be a comprehensive review of the entire state science and | 53644 |
| technology program portfolio rather than a review of individual | 53645 |
| programs. | 53646 |
| Applicants for Third Frontier and Alignment Programs funding | 53647 |
| shall identify their requirements for high-performance computing | 53648 |
| facilities and services, including both hardware and software, in | 53649 |
| all proposals. If an applicant's requirements exceed approximately | 53650 |
| $100,000 for a proposal, the Ohio Supercomputer Center shall | 53651 |
| convene a panel of experts. The panel shall review the proposal to | 53652 |
| determine whether the proposal's requirements can be met through | 53653 |
| Ohio Supercomputer Center facilities or through other means and | 53654 |
| report such information to the Third Frontier Commission. | 53655 |
| To ensure that the state receives the maximum benefit from | 53656 |
| its investment in the Third Frontier Project and the Third | 53657 |
| Frontier Network, organizations receiving Third Frontier awards | 53658 |
| and Alignment Programs awards shall, as appropriate, be expected | 53659 |
| to have a connection to the Third Frontier Network that enables | 53660 |
| them and their collaborators to achieve award objectives through | 53661 |
| the Third Frontier Network. | 53662 |
| Section 263.10.70. INTERNATIONAL TRADE | 53663 |
| The foregoing appropriation item 195-432, International | 53664 |
| Trade, shall be used to operate and to maintain Ohio's | 53665 |
| out-of-state trade offices. | 53666 |
| The Director of Development may enter into contracts with | 53667 |
| foreign nationals to staff foreign offices. The contracts may be | 53668 |
| paid in local currency or United States currency and shall be | 53669 |
| exempt from section 127.16 of the Revised Code. The director also | 53670 |
| may establish foreign currency accounts under section 122.05 of | 53671 |
| the Revised Code for the payment of expenses related to the | 53672 |
| operation and maintenance of the foreign trade offices. | 53673 |
| The foregoing appropriation item 195-432, International | 53674 |
| Trade, shall be used to fund the International Trade Division and | 53675 |
| to assist Ohio manufacturers and agricultural producers in | 53676 |
| exporting to foreign countries in conjunction with the Department | 53677 |
| of Agriculture. | 53678 |
| Of the foregoing appropriation item 195-432, International | 53679 |
| Trade, up to $35,000 may be used to purchase gifts for | 53680 |
| representatives of foreign governments or dignitaries of foreign | 53681 |
| countries. | 53682 |
| Section 263.10.80. OHIO INVESTMENT IN TRAINING PROGRAM | 53683 |
| The foregoing appropriation items 195-434, Investment in | 53684 |
| Training Grants, and 195-667, Investment in Training Expansion, | 53685 |
| shall be used to promote training through grants for the | 53686 |
| reimbursement of eligible training expenses. The release of grants | 53687 |
| for this purpose shall be subject to Controlling Board approval. | 53688 |
| Section 263.10.90. CDBG OPERATING MATCH | 53689 |
| The foregoing appropriation item 195-497, CDBG Operating | 53690 |
| Match, shall be used to provide matching funds as requested by the | 53691 |
| United States Department of Housing and Urban Development to | 53692 |
| administer the federally funded Community Development Block Grant | 53693 |
| (CDBG) program. | 53694 |
| STATE OPERATING MATCH | 53695 |
| The foregoing appropriation item 195-498, State Match Energy, | 53696 |
| shall be used to provide matching funds as required by the United | 53697 |
| States Department of Energy to administer the federally funded | 53698 |
| State Energy Plan. | 53699 |
| Section 263.10.95. DEFENSE CONVERSION ASSISTANCE | 53700 |
| Of the foregoing appropriation item 195-410, Defense | 53701 |
| Conversion Assistance, $5,000,000 in fiscal year 2008 shall be | 53702 |
| used as a state match to federal dollars for the relocation of | 53703 |
| jobs at Wright-Patterson Air Force Base and vicinity as a result | 53704 |
| of job losses from the base realignment and closure process. | 53705 |
| Section 263.20.10. TRAVEL AND TOURISM GRANTS | 53706 |
| The foregoing appropriation item 195-507, Travel and Tourism | 53707 |
| Grants, shall be used to provide grants to local organizations to | 53708 |
| support various local travel and tourism events in Ohio. | 53709 |
| Of the foregoing appropriation item 195-507, Travel and | 53710 |
| Tourism Grants, $50,000 in each fiscal year shall be used for the | 53711 |
| Cleveland Film Bureau. | 53712 |
| Of the foregoing appropriation item 195-507, Travel and | 53713 |
| Tourism Grants, $50,000 in each fiscal year shall be used for the | 53714 |
| Cincinnati Film Bureau. | 53715 |
| Of the foregoing appropriation item 195-507, Travel and | 53716 |
| Tourism Grants, $500,000 in each fiscal year shall be used for | 53717 |
| grants to The International Center for the Preservation of Wild | 53718 |
| Animals. | 53719 |
| Of the foregoing appropriation item 195-507, Travel and | 53720 |
| Tourism Grants, $50,000 in each fiscal year shall be used for the | 53721 |
| Greater Cleveland Sports Commission. | 53722 |
| Of the foregoing appropriation item 195-507, Travel and | 53723 |
| Tourism Grants, $50,000 in each fiscal year shall be used for the | 53724 |
| Greater Columbus Sports Commission. | 53725 |
| Of the foregoing appropriation item 195-507, Travel and | 53726 |
| Tourism Grants, $50,000 in fiscal year 2008 shall be used for the | 53727 |
| Ohio Alliance of Science Centers. | 53728 |
| Of the foregoing appropriation item 195-507, Travel and | 53729 |
| Tourism Grants, $50,000 in each fiscal year shall be used for the | 53730 |
| Harbor Heritage Society/Great Lakes Science Center in support of | 53731 |
| operations of the Steamship William G. Mather Maritime Museum. | 53732 |
| Of the foregoing appropriation item 195-507, Travel and | 53733 |
| Tourism Grants, $35,000 in fiscal year 2009 shall be used for the | 53734 |
| Ohio Junior Angus Association to assist with costs associated with | 53735 |
| hosting the Eastern Regional Junior Angus Show in June 2009. | 53736 |
| Section 263.20.20. THIRD FRONTIER RESEARCH & DEVELOPMENT | 53737 |
| GENERAL OBLIGATION DEBT SERVICE | 53738 |
| The foregoing appropriation item 195-905, Third Frontier | 53739 |
| Research & Development General Obligation Debt Service, shall be | 53740 |
| used to pay all debt service and related financing costs during | 53741 |
| the period from July 1, 2007, to June 30, 2009, on obligations | 53742 |
| issued for research and development purposes under sections 151.01 | 53743 |
| and 151.10 of the Revised Code. | 53744 |
| JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE | 53745 |
| The foregoing appropriation item 195-912, Job Ready Site | 53746 |
| Development General Obligation Debt Service, shall be used to pay | 53747 |
| all debt service and related financing costs during the period | 53748 |
| from July 1, 2007, to June 30, 2009, on obligations issued for job | 53749 |
| ready site development purposes under sections 151.01 and 151.11 | 53750 |
| of the Revised Code. | 53751 |
| Section 263.20.30. SUPPORTIVE SERVICES | 53752 |
| The Director of Development may assess divisions of the | 53753 |
| department for the cost of central service operations. An | 53754 |
| assessment shall be based on a plan submitted to and approved by | 53755 |
| the Office of Budget and Management by August 1, 2007, and shall | 53756 |
| contain the characteristics of administrative ease and uniform | 53757 |
| application. | 53758 |
| A division's payments shall be credited to the Supportive | 53759 |
| Services Fund (Fund 135) using an intrastate transfer voucher. | 53760 |
| Of the foregoing appropriation item 195-684, Supportive | 53761 |
| Services, $50,000 in fiscal year 2008 and $35,000 in fiscal year | 53762 |
| 2009 shall be used for Crawford County to hire an employee to act | 53763 |
| as a local economic development coordinator. | 53764 |
| WORKFORCE GUARANTEE PROGRAM | 53765 |
| The foregoing appropriation item 195-668, Workforce Guarantee | 53766 |
| Program, shall be used for the Workforce Guarantee Program. | 53767 |
| Benefited employers must create at least 20 high-paying, | 53768 |
| full-time jobs over a one-year period and must demonstrate prior | 53769 |
| to the commitment of state funds that the availability of those | 53770 |
| skilled workers is a major factor in the employer's decision to | 53771 |
| locate or expand in Ohio. Customized training activities are | 53772 |
| eligible for funding through the Workforce Guarantee Program. | 53773 |
| The Director of Development, under Chapter 119. of the | 53774 |
| Revised Code, shall adopt, and may amend or rescind, rules the | 53775 |
| Director finds necessary for the implementation and successful | 53776 |
| operation of the Workforce Guarantee Program. | 53777 |
| ECONOMIC DEVELOPMENT CONTINGENCY | 53778 |
| Of the foregoing appropriation item 195-677, Economic | 53779 |
| Development Contingency, up to $19,400,000 shall be used by the | 53780 |
| Third Frontier Commission in fiscal year 2009 for biomedical | 53781 |
| research and technology transfer purposes under sections 184.01 to | 53782 |
| 184.03 of the Revised Code. | 53783 |
| The foregoing appropriation item 195-677, Economic | 53784 |
| Development Contingency, may be expended only after the Department | 53785 |
| of Development submits and the Controlling Board approves a | 53786 |
| request that outlines the planned use of funds to be expended. | 53787 |
| DIRECT COST RECOVERY EXPENDITURES | 53788 |
| The foregoing appropriation item 195-636, Direct Cost | 53789 |
| Recovery Expenditures, shall be used for conference and | 53790 |
| subscription fees and other reimbursable costs. Revenues to the | 53791 |
| General Reimbursement Fund (Fund 685) shall consist of fees and | 53792 |
| other moneys charged for conferences, subscriptions, and other | 53793 |
| administrative costs that are not central service costs. | 53794 |
| Section 263.20.40. HEAP WEATHERIZATION | 53795 |
| Fifteen per cent of the federal funds received by the state | 53796 |
| for the Home Energy Assistance Block Grant shall be deposited in | 53797 |
| appropriation item 195-614, HEAP Weatherization (Fund 3K9), and | 53798 |
| shall be used to provide home weatherization services in the | 53799 |
| state. | 53800 |
| The Department of Development shall seek, and if approved | 53801 |
| shall implement, a federal waiver to increase the percentage of | 53802 |
| the Home Energy Block Grant that may be used for weatherization to | 53803 |
| sixteen and one-half per cent in fiscal year 2008 and seventeen | 53804 |
| and one-half per cent in fiscal year 2009. Upon approval of the | 53805 |
| federal waiver, the Director of Development shall seek Controlling | 53806 |
| Board approval to adjust appropriation items 195-611, Home Energy | 53807 |
| Assistance Block Grant, and 195-614, HEAP Weatherization, as | 53808 |
| needed to implement the federal waiver. | 53809 |
| STATE SPECIAL PROJECTS | 53810 |
| The foregoing fund, Fund 4F2, State Special Projects Fund, | 53811 |
| shall be used for the deposit of private-sector funds from utility | 53812 |
| companies and for the deposit of other miscellaneous state funds. | 53813 |
| Private-sector moneys shall be used to (1) pay the expenses of | 53814 |
| verifying the income-eligibility of HEAP applicants, (2) market | 53815 |
| economic development opportunities in the state, and (3) leverage | 53816 |
| additional federal funds. State funds shall be used to match | 53817 |
| federal housing grants for the homeless and to market economic | 53818 |
| development opportunities in the state. | 53819 |
| Section 263.20.50. TAX INCENTIVE PROGRAMS OPERATING | 53820 |
| On July 1, 2007, or as soon thereafter as possible, the | 53821 |
| Director of Budget and Management shall transfer the cash balance | 53822 |
| in the Job Creation Tax Credit Operating Fund (Fund 4S1) to the | 53823 |
| Tax Incentive Programs Operating Fund (Fund 4S0). The Director | 53824 |
| shall cancel any existing encumbrances against appropriation item | 53825 |
| 195-634, Job Creation Tax Credit Operating (Fund 4S1), and | 53826 |
| re-establish them against appropriation item 195-630, Tax | 53827 |
| Incentive Programs Operating (Fund 4S0). The amounts of the | 53828 |
| re-established encumbrances are hereby appropriated. | 53829 |
| Section 263.20.60. MINORITY BUSINESS ENTERPRISE LOAN | 53830 |
| All repayments from the Minority Development Financing | 53831 |
| Advisory Board Loan Program and the Ohio Mini-Loan Guarantee | 53832 |
| Program shall be deposited in the State Treasury to the credit of | 53833 |
| the Minority Business Enterprise Loan Fund (Fund 4W1). | 53834 |
| All operating costs of administering the Minority Business | 53835 |
| Enterprise Loan Fund shall be paid from the Minority Business | 53836 |
| Enterprise Loan Fund (Fund 4WI). | 53837 |
| MINORITY BUSINESS BONDING FUND | 53838 |
| Notwithstanding Chapters 122., 169., and 175. of the Revised | 53839 |
| Code and other provisions of Am. Sub. H.B. 283 of the 123rd | 53840 |
| General Assembly, the Director of Development may, upon the | 53841 |
| recommendation of the Minority Development Financing Advisory | 53842 |
| Board, pledge up to $10,000,000 in the FY 2008-2009 biennium of | 53843 |
| unclaimed funds administered by the Director of Commerce and | 53844 |
| allocated to the Minority Business Bonding Program under section | 53845 |
| 169.05 of the Revised Code. The transfer of any cash by the | 53846 |
| Director of Budget and Management from the Department of | 53847 |
| Commerce's Unclaimed Funds Fund (Fund 543) to the Department of | 53848 |
| Development's Minority Business Bonding Fund (Fund 449) shall | 53849 |
| occur, if requested by the Director of Development, only if such | 53850 |
| funds are needed for payment of losses arising from the Minority | 53851 |
| Business Bonding Program, and only after proceeds of the initial | 53852 |
| transfer of $2,700,000 by the Controlling Board to the Minority | 53853 |
| Business Bonding Program has been used for that purpose. Moneys | 53854 |
| transferred by the Director of Budget and Management from the | 53855 |
| Department of Commerce for this purpose may be moneys in custodial | 53856 |
| funds held by the Treasurer of State. If expenditures are required | 53857 |
| for payment of losses arising from the Minority Business Bonding | 53858 |
| Program, such expenditures shall be made from appropriation item | 53859 |
| 195-623, Minority Business Bonding Contingency in the Minority | 53860 |
| Business Bonding Fund, and such amounts are appropriated. | 53861 |
| Section 263.20.70. ECONOMIC DEVELOPMENT FINANCING OPERATING | 53862 |
| The foregoing appropriation item 195-625, Economic | 53863 |
| Development Financing Operating, shall be used for the operating | 53864 |
| expenses of financial assistance programs authorized under Chapter | 53865 |
| 166. of the Revised Code and under sections 122.43 and 122.45 of | 53866 |
| the Revised Code. | 53867 |
| ALTERNATIVE FUEL TRANSPORTATION | 53868 |
| The foregoing appropriation item 195-679, Alternative Fuel | 53869 |
| Transportation, shall be used by the Director of Development to | 53870 |
| make grants under the Alternative Fuel Transportation Grant Fund | 53871 |
| Program in accordance with section 122.075 of the Revised Code, | 53872 |
| and for administrative costs associated with the program. | 53873 |
| Of the foregoing appropriation item 195-679, Alternative Fuel | 53874 |
| Transportation, up to $1,000,000 in each fiscal year shall be used | 53875 |
| to encourage retail gas stations to provide E85 and B20 (or | 53876 |
| higher) fuel to customers in accordance with section 122.075 of | 53877 |
| the Revised Code. | 53878 |
| LOW INCOME ENERGY ASSISTANCE | 53879 |
| The foregoing appropriation item 195-659, Low Income Energy | 53880 |
| Assistance, shall be used to provide payments to regulated | 53881 |
| electric utility companies for low-income customers enrolled in | 53882 |
| Percentage of Income Payment Plan (PIPP) electric accounts, to | 53883 |
| fund targeted energy efficiency and customer education services to | 53884 |
| PIPP customers, and to cover the department's administrative costs | 53885 |
| related to Universal Service Fund Programs. If it is determined | 53886 |
| that additional appropriations are necessary to provide payments | 53887 |
| to regulated utility companies for low income customers enrolled | 53888 |
| in PIPP electric accounts, such appropriations are subject to | 53889 |
| approval by the Controlling Board upon the submission of a request | 53890 |
| by the Department of Development. | 53891 |
| ADVANCED ENERGY FUND | 53892 |
| The foregoing appropriation item 195-660, Advanced Energy | 53893 |
| Programs, shall be used to provide financial assistance to | 53894 |
| customers for eligible advanced energy projects for residential, | 53895 |
| commercial and industrial business, local government, educational | 53896 |
| institution, nonprofit, and agriculture customers, and to pay for | 53897 |
| the program's administrative costs as provided in the Revised Code | 53898 |
| and rules adopted by the Director of Development. | 53899 |
| Of the foregoing appropriation item 195-660, Advanced Energy | 53900 |
| Programs, up to $1,000,000 over the biennium shall be used for | 53901 |
| methane digester projects. | 53902 |
| Of the foregoing appropriation item 195-660, Advanced Energy | 53903 |
| Programs, up to $250,000 in each fiscal year shall be used for | 53904 |
| grants to school districts under section 3327.17 of the Revised | 53905 |
| Code. | 53906 |
| TRANSFER FROM THE ADVANCED ENERGY FUND TO THE INDUSTRIAL SITE | 53907 |
| IMPROVEMENTS FUND | 53908 |
| Notwithstanding Chapters 122. and 4928. of the Revised Code | 53909 |
| and any other law to the contrary, the Director of Budget and | 53910 |
| Management shall transfer $4,500,000 in cash in fiscal year 2008 | 53911 |
| and $4,500,000 in cash in fiscal year 2009 from the Advanced | 53912 |
| Energy Fund (Fund 5M5) to the Industrial Site Improvements Fund | 53913 |
| (Fund 5AR). | 53914 |
| Moneys in Fund 5AR, Industrial Site Improvements, shall be | 53915 |
| used by the Director of Development to make grants to eligible | 53916 |
| counties for the improvement of commercial or industrial areas | 53917 |
| within those counties under section 122.951 of the Revised Code. | 53918 |
| GLOBAL ANALYST SETTLEMENT AGREEMENTS PAYMENTS | 53919 |
| All payments received by the state pursuant to a series of | 53920 |
| settlements with ten brokerage firms reached with the United | 53921 |
| States Securities and Exchange Commission, the National | 53922 |
| Association of Securities Dealers, the New York Stock Exchange, | 53923 |
| the New York Attorney General, and other state regulators | 53924 |
| (henceforth referred to as the "Global Analysts Settlement | 53925 |
| Agreements"), shall be deposited into the state treasury to the | 53926 |
| credit of the Economic Development Contingency Fund (Fund 5Y6), | 53927 |
| which is hereby created in the state treasury. The fund shall be | 53928 |
| used by the Director of Development to support economic | 53929 |
| development projects for which appropriations would not otherwise | 53930 |
| be available, and shall be subject to the submission of a request | 53931 |
| to the Controlling Board by the Director outlining the planned use | 53932 |
| of the funds, and the subsequent approval of the request by the | 53933 |
| Controlling Board. | 53934 |
| VOLUME CAP ADMINISTRATION | 53935 |
| The foregoing appropriation item 195-654, Volume Cap | 53936 |
| Administration, shall be used for expenses related to the | 53937 |
| administration of the Volume Cap Program. Revenues received by the | 53938 |
| Volume Cap Administration Fund (Fund 617) shall consist of | 53939 |
| application fees, forfeited deposits, and interest earned from the | 53940 |
| custodial account held by the Treasurer of State. | 53941 |
| INNOVATION OHIO LOAN FUND | 53942 |
| The foregoing appropriation item 195-664, Innovation Ohio, | 53943 |
| shall be used to provide for innovation Ohio purposes, including | 53944 |
| loan guarantees and loans under Chapter 166. and particularly | 53945 |
| sections 166.12 to 166.16 of the Revised Code. | 53946 |
| RESEARCH AND DEVELOPMENT | 53947 |
| The foregoing appropriation item 195-665, Research and | 53948 |
| Development, shall be used to provide for research and development | 53949 |
| purposes, including loans, under Chapter 166. and particularly | 53950 |
| sections 166.17 to 166.21 of the Revised Code. | 53951 |
| Section 263.20.80. FACILITIES ESTABLISHMENT FUND | 53952 |
| The foregoing appropriation item 195-615, Facilities | 53953 |
| Establishment (Fund 037), shall be used for the purposes of the | 53954 |
| Facilities Establishment Fund under Chapter 166. of the Revised | 53955 |
| Code. | 53956 |
| Notwithstanding Chapter 166. of the Revised Code, an amount | 53957 |
| not to exceed $1,800,000 in cash each fiscal year may be | 53958 |
| transferred from the Facilities Establishment Fund (Fund 037) to | 53959 |
| the Economic Development Financing Operating Fund (Fund 451). The | 53960 |
| transfer is subject to Controlling Board approval under division | 53961 |
| (B) of section 166.03 of the Revised Code. | 53962 |
| Notwithstanding Chapter 166. of the Revised Code, an amount | 53963 |
| not to exceed $5,475,000 in cash each fiscal year may be | 53964 |
| transferred during the biennium from the Facilities Establishment | 53965 |
| Fund (Fund 037) to the Urban Redevelopment Loans Fund (Fund 5D2) | 53966 |
| for the purpose of removing barriers to urban core redevelopment. | 53967 |
| The Director of Development shall develop program guidelines for | 53968 |
| the transfer and release of funds, including, but not limited to, | 53969 |
| the completion of all appropriate environmental assessments before | 53970 |
| state assistance is committed to a project. The transfers shall be | 53971 |
| subject to approval by the Controlling Board upon the submission | 53972 |
| of a request by the Department of Development. | 53973 |
| Notwithstanding Chapter 166. of the Revised Code, an amount | 53974 |
| not to exceed $3,000,000 in cash each fiscal year may be | 53975 |
| transferred from the Facilities Establishment Fund (Fund 037) to | 53976 |
| the Rural Industrial Park Loan Fund (Fund 4Z6). The transfer is | 53977 |
| subject to Controlling Board approval under section 166.03 of the | 53978 |
| Revised Code. | 53979 |
| Notwithstanding Chapter 166. of the Revised Code, of the | 53980 |
| foregoing appropriation item 195-615, Facilities Establishment, | 53981 |
| $1,500,000 in fiscal year 2008 shall be used for business | 53982 |
| development by any current or future port authority located in | 53983 |
| Clark County. | 53984 |
| ALTERNATIVE FUEL TRANSPORTATION GRANT FUND | 53985 |
| Notwithstanding Chapter 166. of the Revised Code, an amount | 53986 |
| not to exceed $1,000,000 in cash each fiscal year shall be | 53987 |
| transferred from moneys in the Facilities Establishment Fund (Fund | 53988 |
| 037) to the Alternative Fuel Transportation Grant Fund (Fund 5CG) | 53989 |
| in the Department of Development. | 53990 |
| RURAL DEVELOPMENT INITIATIVE FUND | 53991 |
| (A)(1) The Rural Development Initiative Fund (Fund 5S8) is | 53992 |
| entitled to receive moneys from the Facilities Establishment Fund | 53993 |
| (Fund 037). The Director of Development may make grants from the | 53994 |
| Rural Development Initiative Fund as specified in division (A)(2) | 53995 |
| of this section to eligible applicants in Appalachian counties and | 53996 |
| in rural counties in the state that are designated as distressed | 53997 |
| under section 122.25 of the Revised Code. Preference shall be | 53998 |
| given to eligible applicants located in Appalachian counties | 53999 |
| designated as distressed by the federal Appalachian Regional | 54000 |
| Commission. The Rural Development Initiative Fund (Fund 5S8) shall | 54001 |
| cease to exist after June 30, 2009. All moneys remaining in the | 54002 |
| Fund after that date shall revert to the Facilities Establishment | 54003 |
| Fund (Fund 037). | 54004 |
| (2) The Director of Development shall make grants from the | 54005 |
| Rural Development Initiative Fund (Fund 5S8) only to eligible | 54006 |
| applicants who also qualify for and receive funding under the | 54007 |
| Rural Industrial Park Loan Program as specified in sections 122.23 | 54008 |
| to 122.27 of the Revised Code. Eligible applicants shall use the | 54009 |
| grants for the purposes specified in section 122.24 of the Revised | 54010 |
| Code. All projects supported by grants from the fund are subject | 54011 |
| to Chapter 4115. of the Revised Code as specified in division (E) | 54012 |
| of section 166.02 of the Revised Code. The Director shall develop | 54013 |
| program guidelines for the transfer and release of funds. The | 54014 |
| release of grant moneys to an eligible applicant is subject to | 54015 |
| Controlling Board approval. | 54016 |
| (B) Notwithstanding Chapter 166. of the Revised Code, the | 54017 |
| Director of Budget and Management may transfer an amount not to | 54018 |
| exceed $3,000,000 in cash each fiscal year on an as-needed basis | 54019 |
| at the request of the Director of Development from the Facilities | 54020 |
| Establishment Fund (Fund 037) to the Rural Development Initiative | 54021 |
| Fund (Fund 5S8). The transfer is subject to Controlling Board | 54022 |
| approval under section 166.03 of the Revised Code. | 54023 |
| CAPITAL ACCESS LOAN PROGRAM | 54024 |
| The foregoing appropriation item 195-628, Capital Access Loan | 54025 |
| Program, shall be used for operating, program, and administrative | 54026 |
| expenses of the program. Funds of the Capital Access Loan Program | 54027 |
| shall be used to assist participating financial institutions in | 54028 |
| making program loans to eligible businesses that face barriers in | 54029 |
| accessing working capital and obtaining fixed-asset financing. | 54030 |
| Notwithstanding Chapter 166. of the Revised Code, the | 54031 |
| Director of Budget and Management may transfer an amount not to | 54032 |
| exceed $3,000,000 in cash each fiscal year on an as-needed basis | 54033 |
| at the request of the Director of Development from the Facilities | 54034 |
| Establishment Fund (Fund 037) to the Capital Access Loan Program | 54035 |
| Fund (Fund 5S9). The transfer is subject to Controlling Board | 54036 |
| approval under section 166.03 of the Revised Code. | 54037 |
| Section 263.20.90. CLEAN OHIO OPERATING EXPENSES | 54038 |
| The foregoing appropriation item 195-663, Clean Ohio | 54039 |
| Operating, shall be used by the Department of Development in | 54040 |
| administering sections 122.65 to 122.658 of the Revised Code. | 54041 |
| THIRD FRONTIER OPERATING | 54042 |
| The foregoing appropriation item 195-686, Third Frontier | 54043 |
| Operating, shall be used for operating expenses incurred by the | 54044 |
| Department of Development in administering sections 184.10 to | 54045 |
| 184.20 of the Revised Code. | 54046 |
| THIRD FRONTIER RESEARCH & DEVELOPMENT PROJECTS | 54047 |
| The foregoing appropriation item 195-687, Third Frontier | 54048 |
| Research & Development Projects, shall be used by the Department | 54049 |
| of Development to fund selected projects pursuant to sections | 54050 |
| 184.10 to 184.20 of the Revised Code. | 54051 |
| Notwithstanding sections 184.10 to 184.20 of the Revised | 54052 |
| Code, of the foregoing appropriation item 195-687, Third Frontier | 54053 |
| Research & Development Projects, up to $20,000,000 in fiscal year | 54054 |
| 2008 shall be used by the Office of Information Technology, in | 54055 |
| partnership with the Ohio Supercomputer Center's OSCnet, to | 54056 |
| acquire the equipment and services necessary to migrate state | 54057 |
| agencies' network to the existing OSCnet network backbone. This | 54058 |
| state network shall be known as the NextGen Network. | 54059 |
| Notwithstanding sections 184.10 to 184.20 of the Revised | 54060 |
| Code, at the direction of the Director of Budget and Management up | 54061 |
| to $18,000,000 in each fiscal year from appropriation item | 54062 |
| 195-687, Third Frontier Research & Development Projects, and | 54063 |
| appropriation item 195-692, Research & Development Taxable Bond | 54064 |
| Projects, shall be used to fund the Research Incentive Program in | 54065 |
| the Board of Regents. | 54066 |
| On or before June 30, 2008, any unencumbered balance of the | 54067 |
| foregoing appropriation item 195-687, Third Frontier Research & | 54068 |
| Development Projects, for fiscal year 2008 is hereby appropriated | 54069 |
| for the same purpose for fiscal year 2009. | 54070 |
| AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS | 54071 |
| The Ohio Public Facilities Commission, upon request of the | 54072 |
| Department of Development, is hereby authorized to issue and sell, | 54073 |
| in accordance with Section 2p of Article VIII, Ohio Constitution, | 54074 |
| and particularly sections 151.01 and 151.10 of the Revised Code, | 54075 |
| original obligations of the State of Ohio in an aggregate amount | 54076 |
| not to exceed $150,000,000. The authorized obligations shall be | 54077 |
| issued and sold from time to time and in amounts necessary to | 54078 |
| ensure sufficient moneys to the credit of the Third Frontier | 54079 |
| Research & Development Fund (Fund 011) to pay costs of research | 54080 |
| and development projects. | 54081 |
| JOB READY SITE OPERATING | 54082 |
| The foregoing appropriation item 195-688, Job Ready Site | 54083 |
| Operating, shall be used for operating expenses incurred by the | 54084 |
| Department of Development in administering sections 122.085 to | 54085 |
| 122.0820 of the Revised Code. Operating expenses include, but are | 54086 |
| not limited to, certain expenses of the District Public Works | 54087 |
| Integrating Committees, audit and accountability activities, and | 54088 |
| costs associated with formal certifications verifying that site | 54089 |
| infrastructure is in place and is functional. | 54090 |
| Section 263.30.10. UNCLAIMED FUNDS TRANSFER | 54091 |
| (A) Notwithstanding division (A) of section 169.05 of the | 54092 |
| Revised Code, upon the request of the Director of Budget and | 54093 |
| Management, the Director of Commerce, prior to June 30, 2008, | 54094 |
| shall transfer to the Job Development Initiatives Fund (Fund 5AD) | 54095 |
| an amount not to exceed $5,000,000 in cash of the unclaimed funds | 54096 |
| that have been reported by the holders of unclaimed funds under | 54097 |
| section 169.05 of the Revised Code, regardless of the allocation | 54098 |
| of the unclaimed funds described under that section. | 54099 |
| Notwithstanding division (A) of section 169.05 of the Revised | 54100 |
| Code, upon the request of the Director of Budget and Management, | 54101 |
| the Director of Commerce, prior to June 30, 2009, shall transfer | 54102 |
| to the Job Development Initiatives Fund (Fund 5AD) an amount not | 54103 |
| to exceed $24,400,000 in cash of the unclaimed funds that have | 54104 |
| been reported by the holders of unclaimed funds under section | 54105 |
| 169.05 of the Revised Code, regardless of the allocation of the | 54106 |
| unclaimed funds described under that section. | 54107 |
| (B) Notwithstanding division (A) of section 169.05 of the | 54108 |
| Revised Code, upon the request of the Director of Budget and | 54109 |
| Management, the Director of Commerce, prior to June 30, 2008, | 54110 |
| shall transfer to the State Special Projects Fund (Fund 4F2) an | 54111 |
| amount not to exceed $2,500,000 of the unclaimed funds that have | 54112 |
| been reported by the holders of unclaimed funds under section | 54113 |
| 169.05 of the Revised Code, regardless of the allocation of the | 54114 |
| unclaimed funds described under that section. | 54115 |
| Notwithstanding division (A) of section 169.05 of the Revised | 54116 |
| Code, upon the request of the Director of Budget and Management, | 54117 |
| the Director of Commerce, prior to June 30, 2009, shall transfer | 54118 |
| to the State Special Projects Fund (Fund 4F2) an amount not to | 54119 |
| exceed $2,500,000 in cash of the unclaimed funds that have been | 54120 |
| reported by the holders of unclaimed funds under section 169.05 of | 54121 |
| the Revised Code, regardless of the allocation of the unclaimed | 54122 |
| funds described under that section. | 54123 |
| Section 263.30.20. WORKFORCE DEVELOPMENT | 54124 |
| The Director of Development and the Director of Job and | 54125 |
| Family Services may enter into one or more interagency agreements | 54126 |
| between the two departments, hire staff, transfer staff, assign | 54127 |
| duties to staff, enter into contracts, transfer assets, and take | 54128 |
| other actions the directors consider necessary to provide services | 54129 |
| and assistance as necessary to integrate workforce development | 54130 |
| into a larger economic development strategy, to implement the | 54131 |
| recommendations of the Workforce Policy Board, and to perform | 54132 |
| activities related to the transition of the administration of | 54133 |
| employment programs identified by the board. Subject to the | 54134 |
| approval of the Director of Budget and Management, the Department | 54135 |
| of Development and the Department of Job and Family Services may | 54136 |
| expend funds to support the recommendations of the Workforce | 54137 |
| Policy Board in the area of integration of employment functions as | 54138 |
| described in this paragraph and to provide implementation and | 54139 |
| transition activities from the appropriations to those | 54140 |
| departments. | 54141 |
| Section 263.30.30. COMMISSION ON THE FUTURE OF HEALTH CARE | 54142 |
| EDUCATION AND PHYSICIAN RETENTION IN NW OH | 54143 |
| (A) Whereas, There is a physician shortage, particularly in | 54144 |
| certain specialties, that is predicted to worsen within the next | 54145 |
| decade; and | 54146 |
| Whereas, This shortage may worsen as a result of, among other | 54147 |
| factors, fewer than ten per cent of new graduates from the | 54148 |
| University of Toledo who choose to continue their training in | 54149 |
| northwest Ohio; and | 54150 |
| Whereas, Many of the problems confronting physician training | 54151 |
| at the graduate medical education level are already manifest in | 54152 |
| northwest Ohio; and | 54153 |
| Whereas, It is prudent to examine the physician shortage | 54154 |
| using northwest Ohio as a microcosm for the entire state of Ohio; | 54155 |
| now therefore be it | 54156 |
| Resolved by the Ohio General Assembly that there is hereby | 54157 |
| created the Commission on the Future of Health Care Education and | 54158 |
| Physician Retention in NW OH. | 54159 |
| (B) The Commission shall be composed of the following | 54160 |
| members: | 54161 |
| (1) Six representatives of health care providers in northwest | 54162 |
| Ohio, none of whom shall be from the same organization; | 54163 |
| (2) Six representatives of the health care profession in | 54164 |
| northwest Ohio, composed of the following individuals: | 54165 |
| (a) One from the College of Medicine at the University of | 54166 |
| Toledo; | 54167 |
| (b) One from the northwest Ohio chapter of the Ohio Nurses | 54168 |
| Association; | 54169 |
| (c) One from the Academy of Medicine of Toledo and Lucas | 54170 |
| County; | 54171 |
| (d) One from the Northwest Ohio Pediatric Society; | 54172 |
| (e) One geriatric medicine physician affiliated with Ohio | 54173 |
| University College of Osteopathic Medicine; and | 54174 |
| (f) One osteopathic physician affiliated with Ohio University | 54175 |
| College of Osteopathic Medicine. | 54176 |
| (3) Three representatives from northwest Ohio business and | 54177 |
| labor organizations, composed of the following individuals: | 54178 |
| (a) One from the Toledo Area Regional Chamber of Commerce; | 54179 |
| (b) One from the labor community of northwest Ohio; and | 54180 |
| (c) One from the health insurance industry. | 54181 |
| (4) Three representatives of health care consumers in | 54182 |
| northwest Ohio, none of whom shall be currently employed or | 54183 |
| affiliated with a health system or health insurer. | 54184 |
| (5) Nine representatives of state and local government, | 54185 |
| composed of the following individuals: | 54186 |
| (a) Two members of the Ohio House of Representatives, one | 54187 |
| from the minority party and one from the majority party; | 54188 |
| (b) Two members of the Ohio Senate, one from the minority | 54189 |
| party and one from the majority party; | 54190 |
| (c) One township trustee of northwest Ohio; | 54191 |
| (d) Two representatives of northwest Ohio municipal | 54192 |
| corporations, only one of whom shall be from the City of Toledo; | 54193 |
| (e) Two representatives of county commissioners, only one of | 54194 |
| whom shall be from Lucas County. | 54195 |
| (C) Members of the committee shall be appointed as follows: | 54196 |
| (1) For those members described in divisions (B)(1) and (2) | 54197 |
| of this section, two each by the Governor, the Speaker of the | 54198 |
| House of Representatives, and the President of the Senate; | 54199 |
| (2) For those members described in divisions (B)(3) and (4) | 54200 |
| of this section, one each by the Governor, the Speaker of the | 54201 |
| House of Representatives, and the President of the Senate; | 54202 |
| (3) For those members described in division (B)(5), three | 54203 |
| each by the Governor, the Speaker of the House of Representatives, | 54204 |
| and the President of the Senate. | 54205 |
| (D) Members of the Commission shall be appointed not later | 54206 |
| than 30 days after the effective date of this section and shall | 54207 |
| first meet not later than 30 days after all appointments have been | 54208 |
| made. At its first meeting, the commission shall elect from among | 54209 |
| its members who are members of the Senate and House of | 54210 |
| Representatives a chairperson and vice-chairperson. | 54211 |
| Members of the commission shall serve without compensation, | 54212 |
| but may solicit on behalf of the Commission public and private | 54213 |
| funds to defray any costs of the Commission. The Commission shall | 54214 |
| meet at the call of the chairperson to conduct its official | 54215 |
| business. A majority of members shall constitute a quorum and a | 54216 |
| quorum shall be necessary to conduct any activities of the | 54217 |
| Commission. | 54218 |
| (E) The Toledo Community Foundation or a similar organization | 54219 |
| shall provide meeting space and administrative support for the | 54220 |
| Commission. The Ohio Board of Regents shall serve as a resource to | 54221 |
| the Commission. | 54222 |
| (F) The Commission shall prepare a report that examines and | 54223 |
| makes recommendations regarding the graduate medical education | 54224 |
| system in northwest Ohio, including: | 54225 |
| (1) Ways to increase the number and retention of medical | 54226 |
| graduates in northwest Ohio; | 54227 |
| (2) The status of the health care workforce in northwest | 54228 |
| Ohio; | 54229 |
| (3) The role of the University of Toledo in the health care | 54230 |
| education of the surrounding region; | 54231 |
| (4) Potential changes in federal and state statutes and rules | 54232 |
| regarding Medicaid support of graduate medical education; and | 54233 |
| (5) Policy initiatives that the Governor and General Assembly | 54234 |
| may consider to strengthen graduate medical education | 54235 |
| opportunities and physician retention in northwest Ohio. | 54236 |
| (G) The Commission shall, not later than nine months after | 54237 |
| the effective date of this section, submit to the Governor and | 54238 |
| General Assembly the report and recommendations prepared under | 54239 |
| division (F) of this section. On submission of the report, the | 54240 |
| Commission shall cease to exist. | 54241 |
| Section 265.10. OBD OHIO BOARD OF DIETETICS | 54242 |
| General Services Fund Group | 54243 |
| 4K9 | 860-609 | Operating Expenses | $ | 342,501 | $ | 348,964 | 54244 | ||||
| TOTAL GSF General Services Fund | 54245 | ||||||||||
| Group | $ | 342,501 | $ | 348,964 | 54246 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 342,501 | $ | 348,964 | 54247 | ||||||
| Section 267.10. CDR COMMISSION ON DISPUTE RESOLUTION AND | 54249 |
| CONFLICT MANAGEMENT | 54250 |
| General Revenue Fund | 54251 |
| GRF | 145-401 | Commission Operations | $ | 455,123 | $ | 460,000 | 54252 | ||||
| TOTAL GRF General Revenue Fund | $ | 455,123 | $ | 460,000 | 54253 | ||||||
| General Services Fund Group | 54254 |
| 4B6 | 145-601 | Dispute Resolution Programs | $ | 140,000 | $ | 140,000 | 54255 | ||||
| TOTAL GSF General Services Fund Group | $ | 140,000 | $ | 140,000 | 54256 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 595,123 | $ | 600,000 | 54257 |
| Section 269.10. EDU DEPARTMENT OF EDUCATION | 54259 |
| General Revenue Fund | 54260 |
| GRF | 200-100 | Personal Services | $ | 11,533,494 | $ | 12,110,169 | 54261 | ||||
| GRF | 200-320 | Maintenance and Equipment | $ | 4,549,479 | $ | 4,778,203 | 54262 | ||||
| GRF | 200-408 | Early Childhood Education | $ | 34,002,195 | $ | 36,502,195 | 54263 | ||||
| GRF | 200-410 | Educator Training | $ | 19,628,817 | $ | 20,628,817 | 54264 | ||||
| GRF | 200-416 | Career-Technical Education Match | $ | 2,233,195 | $ | 2,233,195 | 54265 | ||||
| GRF | 200-420 | Computer/Application/ Network Development | $ | 5,536,362 | $ | 5,793,700 | 54266 | ||||
| GRF | 200-421 | Alternative Education Programs | $ | 15,232,665 | $ | 13,232,665 | 54267 | ||||
| GRF | 200-422 | School Management Assistance | $ | 2,960,572 | $ | 2,960,572 | 54268 | ||||
| GRF | 200-424 | Policy Analysis | $ | 556,687 | $ | 556,687 | 54269 | ||||
| GRF | 200-425 | Tech Prep Consortia Support | $ | 2,069,217 | $ | 2,069,217 | 54270 | ||||
| GRF | 200-426 | Ohio Educational Computer Network | $ | 30,446,197 | $ | 30,446,197 | 54271 | ||||
| GRF | 200-427 | Academic Standards | $ | 10,514,730 | $ | 10,514,730 | 54272 | ||||
| GRF | 200-431 | School Improvement Initiatives | $ | 11,600,235 | $ | 12,350,235 | 54273 | ||||
| GRF | 200-433 | Literacy Improvement-Professional Development | $ | 15,815,000 | $ | 15,815,000 | 54274 | ||||
| GRF | 200-437 | Student Assessment | $ | 77,150,819 | $ | 76,387,144 | 54275 | ||||
| GRF | 200-439 | Accountability/Report Cards | $ | 8,096,040 | $ | 14,223,540 | 54276 | ||||
| GRF | 200-442 | Child Care Licensing | $ | 1,302,495 | $ | 1,302,495 | 54277 | ||||
| GRF | 200-446 | Education Management Information System | $ | 16,110,510 | $ | 16,586,082 | 54278 | ||||
| GRF | 200-447 | GED Testing | $ | 1,544,360 | $ | 1,544,360 | 54279 | ||||
| GRF | 200-448 | Educator Preparation | $ | 1,301,000 | $ | 1,301,000 | 54280 | ||||
| GRF | 200-455 | Community Schools | $ | 1,533,661 | $ | 1,533,661 | 54281 | ||||
| GRF | 200-502 | Pupil Transportation | $ | 424,783,117 | $ | 429,030,948 | 54282 | ||||
| GRF | 200-503 | Bus Purchase Allowance | $ | 14,000,000 | $ | 14,000,000 | 54283 | ||||
| GRF | 200-505 | School Lunch Match | $ | 8,998,025 | $ | 8,998,025 | 54284 | ||||
| GRF | 200-509 | Adult Literacy Education | $ | 8,669,738 | $ | 8,669,738 | 54285 | ||||
| GRF | 200-511 | Auxiliary Services | $ | 131,740,457 | $ | 135,692,670 | 54286 | ||||
| GRF | 200-514 | Postsecondary Adult Career-Technical Education | $ | 19,481,875 | $ | 19,481,875 | 54287 | ||||
| GRF | 200-521 | Gifted Pupil Program | $ | 47,608,030 | $ | 48,008,613 | 54288 | ||||
| GRF | 200-532 | Nonpublic Administrative Cost Reimbursement | $ | 59,810,517 | $ | 61,604,832 | 54289 | ||||
| GRF | 200-536 | Ohio Core Support | $ | 7,700,000 | $ | 15,125,000 | 54290 | ||||
| GRF | 200-540 | Special Education Enhancements | $ | 138,619,945 | $ | 139,756,839 | 54291 | ||||
| GRF | 200-545 | Career-Technical Education Enhancements | $ | 9,298,651 | $ | 9,373,926 | 54292 | ||||
| GRF | 200-550 | Foundation Funding | $ | 5,761,699,328 | $ | 6,034,943,246 | 54293 | ||||
| GRF | 200-566 | Literacy Improvement-Classroom Grants | $ | 12,062,336 | $ | 12,062,336 | 54294 | ||||
| GRF | 200-578 | Violence Prevention and School Safety | $ | 1,218,555 | $ | 1,218,555 | 54295 | ||||
| GRF | 200-901 | Property Tax Allocation - Education | $ | 794,583,404 | $ | 850,868,654 | 54296 | ||||
| GRF | 200-906 | Tangible Tax Exemption - Education | $ | 21,415,244 | $ | 10,707,622 | 54297 | ||||
| TOTAL GRF General Revenue Fund | $ | 7,735,406,952 | $ | 8,082,412,743 | 54298 | ||||||
| General Services Fund Group | 54299 |
| 138 | 200-606 | Computer Services-Operational Support | $ | 7,600,091 | $ | 7,600,091 | 54300 | ||||
| 4D1 | 200-602 | Ohio Prevention/Education Resource Center | $ | 832,000 | $ | 832,000 | 54301 | ||||
| 4L2 | 200-681 | Teacher Certification and Licensure | $ | 5,966,032 | $ | 6,323,994 | 54302 | ||||
| 452 | 200-638 | Miscellaneous Educational Services | $ | 273,166 | $ | 279,992 | 54303 | ||||
| 5H3 | 200-687 | School District Solvency Assistance | $ | 18,000,000 | $ | 18,000,000 | 54304 | ||||
| 596 | 200-656 | Ohio Career Information System | $ | 529,761 | $ | 529,761 | 54305 | ||||
| TOTAL GSF General Services | 54306 | ||||||||||
| Fund Group | $ | 33,201,050 | $ | 33,565,838 | 54307 | ||||||
| Federal Special Revenue Fund Group | 54308 |
| 3AF | 200-603 | Schools Medicaid Administrative Claims | $ | 486,000 | $ | 639,000 | 54309 | ||||
| 3BK | 200-628 | Longitudinal Data Systems | $ | 1,795,570 | $ | 307,050 | 54310 | ||||
| 3BV | 200-636 | Character Education | $ | 700,000 | $ | 700,000 | 54311 | ||||
| 3CF | 200-644 | Foreign Language Assistance | $ | 85,000 | $ | 285,000 | 54312 | ||||
| 3CG | 200-646 | Teacher Incentive Fund | $ | 6,552,263 | $ | 3,994,338 | 54313 | ||||
| 3C5 | 200-661 | Early Childhood Education | $ | 18,989,779 | $ | 18,989,779 | 54314 | ||||
| 3D1 | 200-664 | Drug Free Schools | $ | 13,347,966 | $ | 13,347,966 | 54315 | ||||
| 3D2 | 200-667 | Honors Scholarship Program | $ | 6,573,968 | $ | 6,665,000 | 54316 | ||||
| 3H9 | 200-605 | Head Start Collaboration Project | $ | 275,000 | $ | 275,000 | 54317 | ||||
| 3L6 | 200-617 | Federal School Lunch | $ | 244,714,211 | $ | 249,903,970 | 54318 | ||||
| 3L7 | 200-618 | Federal School Breakfast | $ | 63,927,606 | $ | 69,041,814 | 54319 | ||||
| 3L8 | 200-619 | Child/Adult Food Programs | $ | 69,280,946 | $ | 70,691,653 | 54320 | ||||
| 3L9 | 200-621 | Career-Technical Education Basic Grant | $ | 48,029,701 | $ | 48,029,701 | 54321 | ||||
| 3M0 | 200-623 | ESEA Title 1A | $ | 415,000,000 | $ | 420,000,000 | 54322 | ||||
| 3M1 | 200-678 | Innovative Education | $ | 5,369,100 | $ | 5,363,706 | 54323 | ||||
| 3M2 | 200-680 | Individuals with Disabilities Education Act | $ | 500,000,000 | $ | 405,000,000 | 54324 | ||||
| 3S2 | 200-641 | Education Technology | $ | 10,000,000 | $ | 5,000,000 | 54325 | ||||
| 3T4 | 200-613 | Public Charter Schools | $ | 13,850,827 | $ | 14,212,922 | 54326 | ||||
| 3Y2 | 200-688 | 21st Century Community Learning Centers | $ | 30,681,554 | $ | 30,681,554 | 54327 | ||||
| 3Y4 | 200-632 | Reading First | $ | 35,215,798 | $ | 31,215,798 | 54328 | ||||
| 3Y6 | 200-635 | Improving Teacher Quality | $ | 102,692,685 | $ | 102,698,246 | 54329 | ||||
| 3Y7 | 200-689 | English Language Acquisition | $ | 8,000,000 | $ | 8,000,000 | 54330 | ||||
| 3Y8 | 200-639 | Rural and Low Income Technical Assistance | $ | 1,500,000 | $ | 1,500,000 | 54331 | ||||
| 3Z2 | 200-690 | State Assessments | $ | 12,883,799 | $ | 12,883,799 | 54332 | ||||
| 3Z3 | 200-645 | Consolidated Federal Grant Administration | $ | 8,500,000 | $ | 8,500,000 | 54333 | ||||
| 309 | 200-601 | Educationally Disadvantaged Programs | $ | 12,750,000 | $ | 8,750,000 | 54334 | ||||
| 366 | 200-604 | Adult Basic Education | $ | 19,425,000 | $ | 20,396,250 | 54335 | ||||
| 367 | 200-607 | School Food Services | $ | 5,849,748 | $ | 6,088,737 | 54336 | ||||
| 368 | 200-614 | Veterans' Training | $ | 710,373 | $ | 745,892 | 54337 | ||||
| 369 | 200-616 | Career-Technical Education Federal Enhancement | $ | 5,000,000 | $ | 5,000,000 | 54338 | ||||
| 370 | 200-624 | Education of Exceptional Children | $ | 1,811,520 | $ | 575,454 | 54339 | ||||
| 374 | 200-647 | Troops to Teachers | $ | 100,000 | $ | 100,000 | 54340 | ||||
| 378 | 200-660 | Learn and Serve | $ | 1,561,954 | $ | 1,561,954 | 54341 | ||||
| TOTAL FED Federal Special | 54342 | ||||||||||
| Revenue Fund Group | $ | 1,665,660,368 | $ | 1,571,144,583 | 54343 | ||||||
| State Special Revenue Fund Group | 54344 |
| 4R7 | 200-695 | Indirect Operational Support | $ | 5,449,748 | $ | 5,810,464 | 54345 | ||||
| 4V7 | 200-633 | Interagency Operational Support | $ | 392,100 | $ | 376,423 | 54346 | ||||
| 454 | 200-610 | Guidance and Testing | $ | 400,000 | $ | 400,000 | 54347 | ||||
| 455 | 200-608 | Commodity Foods | $ | 24,000,000 | $ | 24,000,000 | 54348 | ||||
| 5BB | 200-696 | State Action for Education Leadership | $ | 1,250,000 | $ | 1,250,000 | 54349 | ||||
| 5BJ | 200-626 | Half-Mill Maintenance Equalization | $ | 10,700,000 | $ | 10,700,000 | 54350 | ||||
| 5U2 | 200-685 | National Education Statistics | $ | 300,000 | $ | 300,000 | 54351 | ||||
| 5W2 | 200-663 | Early Learning Initiative | $ | 2,200,000 | $ | 2,200,000 | 54352 | ||||
| 598 | 200-659 | Auxiliary Services Reimbursement | $ | 1,328,910 | $ | 1,328,910 | 54353 | ||||
| 620 | 200-615 | Educational Improvement Grants | $ | 3,000,000 | $ | 3,000,000 | 54354 | ||||
| TOTAL SSR State Special Revenue | 54355 | ||||||||||
| Fund Group | $ | 49,020,758 | $ | 49,365,797 | 54356 | ||||||
| Lottery Profits Education Fund Group | 54357 |
| 017 | 200-612 | Foundation Funding | $ | 635,198,000 | $ | 667,900,000 | 54358 | ||||
| 017 | 200-682 | Lease Rental Payment Reimbursement | $ | 22,702,000 | $ | 0 | 54359 | ||||
| TOTAL LPE Lottery Profits | 54360 | ||||||||||
| Education Fund Group | $ | 657,900,000 | $ | 667,900,000 | 54361 | ||||||
| Revenue Distribution Fund Group | 54362 |
| 047 | 200-909 | School District Property Tax Replacement-Business | $ | 611,596,856 | $ | 763,316,819 | 54363 | ||||
| 053 | 200-900 | School District Property Tax Replacement-Utility | $ | 91,123,523 | $ | 91,123,523 | 54364 | ||||
| TOTAL RDF Revenue Distribution | 54365 | ||||||||||
| Fund Group | $ | 702,720,379 | $ | 854,440,342 | 54366 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 10,843,909,507 | $ | 11,258,829,303 | 54367 | ||||||
| Section 269.10.10. PERSONAL SERVICES | 54369 |
| The foregoing appropriation item 200-100, Personal Services, | 54370 |
| may be used to pay fees for the Department's membership in the | 54371 |
| Education Commission of the States, an interstate nonprofit, | 54372 |
| nonpartisan organization that supports states with the development | 54373 |
| of education policy. | 54374 |
| Of the foregoing appropriation item 200-100, Personal | 54375 |
| Services, up to $25,000 may be expended in each fiscal year for | 54376 |
| the State Board of Education to pay for outside professionals to | 54377 |
| help inform the Board on topics of education policy. | 54378 |
| Section 269.10.20. EARLY CHILDHOOD EDUCATION | 54379 |
| The Department of Education shall distribute the foregoing | 54380 |
| appropriation item 200-408, Early Childhood Education, to pay the | 54381 |
| costs of early childhood education programs. | 54382 |
| (A) As used in this section: | 54383 |
| (1) "Provider" means a city, local, exempted village, or | 54384 |
| joint vocational school district, or an educational service | 54385 |
| center. | 54386 |
| (2) In the case of a city, local, or exempted village school | 54387 |
| district, "new eligible provider" means a district that is | 54388 |
| eligible for poverty-based assistance under section 3317.029 of | 54389 |
| the Revised Code. | 54390 |
| (3) "Eligible child" means a child who is at least three | 54391 |
| years of age, is not of the age to be eligible for kindergarten, | 54392 |
| and whose family earns not more than two hundred per cent of the | 54393 |
| federal poverty guidelines. | 54394 |
| (B) In each fiscal year, up to two per cent of the total | 54395 |
| appropriation may be used by the Department for program support | 54396 |
| and technical assistance. The Department shall distribute the | 54397 |
| remainder of the appropriation in each fiscal year to serve | 54398 |
| eligible children. | 54399 |
| (C) The Department shall provide an annual report to the | 54400 |
| Governor, the Speaker of the House of Representatives, and the | 54401 |
| President of the Senate and post the report to the Department's | 54402 |
| web site, regarding early childhood education programs operated | 54403 |
| under this section and the early learning program guidelines for | 54404 |
| school readiness. | 54405 |
| (D) After setting aside the amounts to make payments due from | 54406 |
| the previous fiscal year, in fiscal year 2008, the Department | 54407 |
| shall distribute funds first to recipients of funds for early | 54408 |
| childhood education programs under Section 206.09.06 of Am. Sub. | 54409 |
| H.B. 66 of the 126th General Assembly in the previous fiscal year | 54410 |
| and the balance to new eligible providers of early childhood | 54411 |
| education programs under this section. However, the total amount | 54412 |
| of funds distributed in fiscal year 2008 to all providers that | 54413 |
| received funds for early childhood education programs in fiscal | 54414 |
| year 2007 shall not exceed $18,622,151, unless the number of new | 54415 |
| eligible providers that notifies the Department of their interest | 54416 |
| in establishing early childhood education programs is insufficient | 54417 |
| to expend all available funding. In that case, the Department may | 54418 |
| direct available funding to providers that received funds for | 54419 |
| early childhood education programs in fiscal year 2007 for | 54420 |
| purposes of program expansion, improvement, or special projects to | 54421 |
| promote quality and innovation. | 54422 |
| After setting aside the amounts to make payments due from the | 54423 |
| previous fiscal year, in fiscal year 2009, the Department shall | 54424 |
| distribute funds first to providers of early childhood education | 54425 |
| programs under this section in the previous fiscal year and the | 54426 |
| balance to new eligible providers. However, the total amount of | 54427 |
| funds distributed in fiscal year 2009 to all providers that | 54428 |
| received funds for early childhood education programs in fiscal | 54429 |
| year 2007 shall not exceed $18,622,151, unless the number of | 54430 |
| providers that received funding in fiscal year 2008 and new | 54431 |
| eligible providers that notify the Department of their interest in | 54432 |
| establishing early childhood education programs is insufficient to | 54433 |
| expend all available funding. In that case, the Department may | 54434 |
| direct available funding to providers that received funds for | 54435 |
| early childhood education programs in fiscal year 2007 or 2008 for | 54436 |
| purposes of program expansion, improvement, or special projects to | 54437 |
| promote quality and innovation. | 54438 |
| In each of fiscal years 2008 and 2009, if funding is | 54439 |
| insufficient to serve all new eligible providers that notify the | 54440 |
| Department of their interest in establishing early childhood | 54441 |
| education programs, the Department shall determine which of those | 54442 |
| providers will receive funds using a selection process that first | 54443 |
| gives preference to providers that, as of March 15, 2007, did not | 54444 |
| offer early childhood education programs, but that had offered | 54445 |
| early childhood education programs or public preschool programs | 54446 |
| for some time after June 30, 2000, and second to providers that | 54447 |
| demonstrate a need for early childhood education programs, as | 54448 |
| determined by the Department. Demonstration of need shall include | 54449 |
| having higher rates of eligible children to be served. | 54450 |
| Awards under this section shall be distributed on a per-pupil | 54451 |
| basis, and in accordance with division (H) of this section. The | 54452 |
| Department may adjust the per-pupil amount so that the per-pupil | 54453 |
| amount multiplied by the number of eligible children enrolled and | 54454 |
| receiving services, as defined by the Department, reported on the | 54455 |
| first day of December or the first business day following that | 54456 |
| date equals the amount allocated under this section. | 54457 |
| (E) Costs for developing and administering an early childhood | 54458 |
| education program may not exceed fifteen per cent of the total | 54459 |
| approved costs of the program. | 54460 |
| All providers shall maintain such fiscal control and | 54461 |
| accounting procedures as may be necessary to ensure the | 54462 |
| disbursement of, and accounting for, these funds. The control of | 54463 |
| funds provided in this program, and title to property obtained | 54464 |
| therefrom, shall be under the authority of the approved provider | 54465 |
| for purposes provided in the program unless, as described in | 54466 |
| division (J) of this section, the program waives its right for | 54467 |
| funding or a program's funding is eliminated or reduced due to its | 54468 |
| inability to meet financial or early learning program guidelines | 54469 |
| for school readiness. The approved provider shall administer and | 54470 |
| use such property and funds for the purposes specified. | 54471 |
| (F) The Department may examine a provider's financial and | 54472 |
| program records. If the financial practices of the program are not | 54473 |
| in accordance with standard accounting principles or do not meet | 54474 |
| financial standards outlined under division (E) of this section, | 54475 |
| or if the program fails to substantially meet the early learning | 54476 |
| program guidelines for school readiness or exhibits below average | 54477 |
| performance as measured against the guidelines, the early | 54478 |
| childhood education program shall propose and implement a | 54479 |
| corrective action plan that has been approved by the Department. | 54480 |
| The approved corrective action plan shall be signed by the chief | 54481 |
| executive officer and the executive of the official governing body | 54482 |
| of the provider. The corrective action plan shall include a | 54483 |
| schedule for monitoring by the Department. Such monitoring may | 54484 |
| include monthly reports, inspections, a timeline for correction of | 54485 |
| deficiencies, and technical assistance to be provided by the | 54486 |
| Department or obtained by the early childhood education program. | 54487 |
| The Department may withhold funding pending corrective action. If | 54488 |
| an early childhood education program fails to satisfactorily | 54489 |
| complete a corrective action plan, the Department may deny | 54490 |
| expansion funding to the program or withdraw all or part of the | 54491 |
| funding to the program and establish a new eligible provider | 54492 |
| through a selection process established by the Department. | 54493 |
| (G) Each early childhood education program shall do all of | 54494 |
| the following: | 54495 |
| (1) Meet teacher qualification requirements prescribed by | 54496 |
| section 3301.311 of the Revised Code; | 54497 |
| (2) Align curriculum to the early learning content standards; | 54498 |
| (3) Meet any assessment requirements prescribed by section | 54499 |
| 3301.0715 of the Revised Code that are applicable to the program; | 54500 |
| (4) Require teachers, except teachers enrolled and working to | 54501 |
| obtain a degree pursuant to section 3301.311 of the Revised Code, | 54502 |
| to attend a minimum of twenty hours every two years of | 54503 |
| professional development as prescribed by the Department regarding | 54504 |
| the implementation of early learning program guidelines for school | 54505 |
| readiness; | 54506 |
| (5) Document and report child progress; | 54507 |
| (6) Meet and report compliance with the early learning | 54508 |
| program guidelines for school readiness; | 54509 |
| (7) Participate in early language and literacy classroom | 54510 |
| observation evaluation studies. | 54511 |
| (H) This division applies only to early childhood education | 54512 |
| programs established on or after March 15, 2007. | 54513 |
| Per-pupil funding for programs subject to this division shall | 54514 |
| be sufficient to provide eligible children with services for | 54515 |
| one-half of the statewide average length of the school day, as | 54516 |
| determined by the Department, for one hundred eighty-two days each | 54517 |
| school year. Nothing in this section shall be construed to | 54518 |
| prohibit program providers from utilizing other funds to serve | 54519 |
| eligible children in programs that exceed the statewide average | 54520 |
| length of the school day or that exceed one hundred eighty-two | 54521 |
| days in a school year. | 54522 |
| (I) Each provider shall develop a sliding fee scale based on | 54523 |
| family incomes and shall charge families who earn more than the | 54524 |
| federal poverty guidelines for the early childhood education | 54525 |
| program. | 54526 |
| (J) If an early childhood education program voluntarily | 54527 |
| waives its right for funding, or has its funding eliminated for | 54528 |
| not meeting financial standards or the early learning program | 54529 |
| guidelines for school readiness, the provider shall transfer | 54530 |
| control of title to property, equipment, and remaining supplies | 54531 |
| obtained through the program to providers designated by the | 54532 |
| Department and return any unexpended funds to the Department along | 54533 |
| with any reports prescribed by the Department. The funding made | 54534 |
| available from a program that waives its right for funding or has | 54535 |
| its funding eliminated or reduced may be used by the Department | 54536 |
| for new grant awards or expansion grants. The Department may award | 54537 |
| new grants or expansion grants to eligible providers who apply. | 54538 |
| The eligible providers who apply must do so in accordance with the | 54539 |
| selection process established by the Department. | 54540 |
| (K) As used in this section, "early learning program | 54541 |
| guidelines for school readiness" means the guidelines established | 54542 |
| by the Department pursuant to division (C)(3) of Section 206.09.54 | 54543 |
| of Am. Sub. H.B. 66 of the 126th General Assembly. | 54544 |
| Section 269.10.30. EDUCATOR TRAINING | 54545 |
| The foregoing appropriation item 200-410, Educator Training, | 54546 |
| shall be used to fund professional development programs in Ohio. | 54547 |
| The Department of Education shall, when possible, incorporate | 54548 |
| cultural competency as a component of professional development and | 54549 |
| actively promote the development of cultural competency in the | 54550 |
| operation of its professional development programs. As used in | 54551 |
| this section, "cultural competency" has the meaning specified by | 54552 |
| the Educator Standards Board under section 3319.61 of the Revised | 54553 |
| Code. | 54554 |
| Of the foregoing appropriation item 200-410, Educator | 54555 |
| Training, up to $9,250,000 in fiscal year 2008 and up to | 54556 |
| $10,250,000 in fiscal year 2009 shall be used by the Department of | 54557 |
| Education to provide grants to pay $2,225 of the application fee | 54558 |
| in order to assist teachers from public and chartered nonpublic | 54559 |
| schools applying for the first time to the National Board for | 54560 |
| Professional Teaching Standards for professional teaching | 54561 |
| certificates or licenses that the board offers. These moneys shall | 54562 |
| be used to pay up to the first 400 applications in each fiscal | 54563 |
| year received by the Department. This set aside shall also be used | 54564 |
| to recognize and reward teachers who become certified by the | 54565 |
| National Board for Professional Teaching Standards under section | 54566 |
| 3319.55 of the Revised Code. Up to $300,000 in each fiscal year of | 54567 |
| this set aside may be used by the Department to pay for costs | 54568 |
| associated with activities to support candidates through the | 54569 |
| application and certification process. Up to $39,500 of this set | 54570 |
| aside in each fiscal year may be used to support the application | 54571 |
| fee for candidates participating in the Take One program for | 54572 |
| beginning teachers in years two and three. | 54573 |
| Of the foregoing appropriation item 200-410, Educator | 54574 |
| Training, up to $9,515,817 in each fiscal year shall be allocated | 54575 |
| for entry year teacher and principal programs. These funds shall | 54576 |
| be used to support mentoring services and performance assessments | 54577 |
| of beginning teachers and principals in school districts and | 54578 |
| chartered nonpublic schools. | 54579 |
| Of the foregoing appropriation item 200-410, Educator | 54580 |
| Training, up to $200,000 in each fiscal year shall be used to | 54581 |
| provide technical assistance and grants for districts to develop | 54582 |
| local knowledge/skills-based compensation systems. Each district | 54583 |
| receiving grants shall issue an annual report to the Department of | 54584 |
| Education detailing the use of the funds and the impact of the | 54585 |
| system developed by the district. | 54586 |
| Of the foregoing appropriation item 200-410, Educator | 54587 |
| Training, up to $350,000 in each fiscal year shall be used for | 54588 |
| training and professional development of school administrators, | 54589 |
| school treasurers, and school business officials. | 54590 |
| Of the foregoing appropriation item 200-410, Educator | 54591 |
| Training, up to $63,000 in each fiscal year shall be used to | 54592 |
| support the Ohio University Leadership Program. | 54593 |
| Of the foregoing appropriation item 200-410, Educator | 54594 |
| Training, $250,000 in each fiscal year shall be used to support | 54595 |
| the Ohio School Leadership Institute. | 54596 |
| Section 269.10.40. CAREER-TECHNICAL EDUCATION MATCH | 54597 |
| The foregoing appropriation item 200-416, Career-Technical | 54598 |
| Education Match, shall be used by the Department of Education to | 54599 |
| provide vocational administration matching funds under 20 U.S.C. | 54600 |
| 2311. | 54601 |
| COMPUTER/APPLICATION/NETWORK DEVELOPMENT | 54602 |
| The foregoing appropriation item 200-420, | 54603 |
| Computer/Application/Network Development, shall be used to support | 54604 |
| the development and implementation of information technology | 54605 |
| solutions designed to improve the performance and services of the | 54606 |
| Department of Education. Funds may be used for personnel, | 54607 |
| maintenance, and equipment costs related to the development and | 54608 |
| implementation of these technical system projects. Implementation | 54609 |
| of these systems shall allow the Department to provide greater | 54610 |
| levels of assistance to school districts and to provide more | 54611 |
| timely information to the public, including school districts, | 54612 |
| administrators, and legislators. Funds may also be used to support | 54613 |
| data-driven decision-making and differentiated instruction, as | 54614 |
| well as to communicate academic content standards and curriculum | 54615 |
| models to schools through web-based applications. | 54616 |
| Section 269.10.50. ALTERNATIVE EDUCATION PROGRAMS | 54617 |
| There is hereby created the Alternative Education Advisory | 54618 |
| Council, which shall consist of one representative from each of | 54619 |
| the following agencies: the Ohio Department of Education; the | 54620 |
| Department of Youth Services; the Ohio Department of Alcohol and | 54621 |
| Drug Addiction Services; the Department of Mental Health; the | 54622 |
| Office of the Governor or, at the Governor's discretion, the | 54623 |
| Office of the Lieutenant Governor; the Office of the Attorney | 54624 |
| General; and the Office of the Auditor of State. | 54625 |
| Of the foregoing appropriation item 200-421, Alternative | 54626 |
| Education Programs, up to $6,227,310 in each fiscal year shall be | 54627 |
| used for the renewal of successful implementation grants and for | 54628 |
| competitive matching grants to the 21 urban school districts as | 54629 |
| defined in division (O) of section 3317.02 of the Revised Code as | 54630 |
| it existed prior to July 1, 1998, and up to $6,161,074 in each | 54631 |
| fiscal year shall be used for the renewal of successful | 54632 |
| implementation grants and for competitive matching grants to rural | 54633 |
| and suburban school districts for alternative educational programs | 54634 |
| for existing and new at-risk and delinquent youth. Programs shall | 54635 |
| be focused on youth in one or more of the following categories: | 54636 |
| those who have been expelled or suspended, those who have dropped | 54637 |
| out of school or who are at risk of dropping out of school, those | 54638 |
| who are habitually truant or disruptive, or those on probation or | 54639 |
| on parole from a Department of Youth Services facility. Grants | 54640 |
| shall be awarded according to the criteria established by the | 54641 |
| Alternative Education Advisory Council in 1999. Grants shall be | 54642 |
| awarded only to programs in which the grant will not serve as the | 54643 |
| program's primary source of funding. These grants shall be | 54644 |
| administered by the Department of Education. | 54645 |
| The Department of Education may waive compliance with any | 54646 |
| minimum education standard established under section 3301.07 of | 54647 |
| the Revised Code for any alternative school that receives a grant | 54648 |
| under this section on the grounds that the waiver will enable the | 54649 |
| program to more effectively educate students enrolled in the | 54650 |
| alternative school. | 54651 |
| Of the foregoing appropriation item 200-421, Alternative | 54652 |
| Education Programs, up to $422,281 in each fiscal year may be used | 54653 |
| for program administration, monitoring, technical assistance, | 54654 |
| support, research, and evaluation. Any unexpended balance may be | 54655 |
| used to provide additional matching grants to urban, suburban, or | 54656 |
| rural school districts as outlined above. | 54657 |
| Of the foregoing appropriation item 200-421, Alternative | 54658 |
| Education Programs, $247,000 in each fiscal year shall be used to | 54659 |
| contract with the Center for Learning Excellence at The Ohio State | 54660 |
| University to provide technical support for the project and the | 54661 |
| completion of formative and summative evaluation of the grants. | 54662 |
| Of the foregoing appropriation item 200-421, Alternative | 54663 |
| Education Programs, $75,000 in each fiscal year shall be used to | 54664 |
| support the Toledo Tech Academy. | 54665 |
| Of the foregoing appropriation item 200-421, Alternative | 54666 |
| Education Programs, $2,000,000 in fiscal year 2008 shall be used | 54667 |
| to support Improved Solutions for Urban Students (ISUS) in | 54668 |
| Dayton/Sinclair Youth Initiative. | 54669 |
| Of the foregoing appropriation item 200-421, Alternative | 54670 |
| Education Programs, $100,000 in each fiscal year shall be provided | 54671 |
| to the Cincinnati Arts and Technology Center to increase program | 54672 |
| support for high-risk teens and unemployed urban adults. | 54673 |
| Section 269.10.60. SCHOOL MANAGEMENT ASSISTANCE | 54674 |
| Of the foregoing appropriation item 200-422, School | 54675 |
| Management Assistance, up to $1,300,000 in each fiscal year may be | 54676 |
| used by the Department of Education for expenses incurred by the | 54677 |
| Auditor of State in consultation with the Department for the | 54678 |
| Auditor of State's role relating to fiscal caution, fiscal watch, | 54679 |
| and fiscal emergency activities as defined in Chapter 3316. of the | 54680 |
| Revised Code and may also be used to conduct performance audits | 54681 |
| with priority given to districts in fiscal distress. Expenses | 54682 |
| include duties related to the completion of performance audits for | 54683 |
| school districts that the Superintendent of Public Instruction | 54684 |
| determines are employing fiscal practices or experiencing | 54685 |
| budgetary conditions that could produce a state of fiscal watch or | 54686 |
| fiscal emergency. | 54687 |
| Of the foregoing appropriation item 200-422, School | 54688 |
| Management Assistance, up to $250,000 in each fiscal year shall be | 54689 |
| used by the Department of Education to work with school districts | 54690 |
| and entities that serve school districts to develop and deploy | 54691 |
| analytical tools that allow districts and other stakeholders to | 54692 |
| analyze more thoroughly district spending patterns in order to | 54693 |
| promote more effective and efficient use of resources. Quarterly | 54694 |
| updates of the progress for implementation of these tools shall be | 54695 |
| provided to the Governor, and the Department shall give due | 54696 |
| diligence to implementing these tools in the shortest reasonable | 54697 |
| timeline. | 54698 |
| The remainder of foregoing appropriation item 200-422, School | 54699 |
| Management Assistance, shall be used by the Department of | 54700 |
| Education to provide fiscal technical assistance and inservice | 54701 |
| education for school district management personnel and to | 54702 |
| administer, monitor, and implement the fiscal watch and fiscal | 54703 |
| emergency provisions under Chapter 3316. of the Revised Code. | 54704 |
| Section 269.10.70. POLICY ANALYSIS | 54705 |
| The foregoing appropriation item 200-424, Policy Analysis, | 54706 |
| shall be used by the Department of Education to support a system | 54707 |
| of administrative, statistical, and legislative education | 54708 |
| information to be used for policy analysis. Staff supported by | 54709 |
| this appropriation shall administer the development of reports, | 54710 |
| analyses, and briefings to inform education policymakers of | 54711 |
| current trends in education practice, efficient and effective use | 54712 |
| of resources, and evaluation of programs to improve education | 54713 |
| results. The database shall be kept current at all times. These | 54714 |
| research efforts shall be used to supply information and analysis | 54715 |
| of data to the General Assembly and other state policymakers, | 54716 |
| including the Office of Budget and Management and the Legislative | 54717 |
| Service Commission. | 54718 |
| The Department of Education may use funding from this | 54719 |
| appropriation item to purchase or contract for the development of | 54720 |
| software systems or contract for policy studies that will assist | 54721 |
| in the provision and analysis of policy-related information. | 54722 |
| Funding from this appropriation item also may be used to monitor | 54723 |
| and enhance quality assurance for research-based policy analysis | 54724 |
| and program evaluation to enhance the effective use of education | 54725 |
| information to inform education policymakers. | 54726 |
| TECH PREP CONSORTIA SUPPORT | 54727 |
| The foregoing appropriation item 200-425, Tech Prep Consortia | 54728 |
| Support, shall be used by the Department of Education to support | 54729 |
| state-level activities designed to support, promote, and expand | 54730 |
| tech prep programs. Use of these funds shall include, but not be | 54731 |
| limited to, administration of grants, program evaluation, | 54732 |
| professional development, curriculum development, assessment | 54733 |
| development, program promotion, communications, and statewide | 54734 |
| coordination of tech prep consortia. | 54735 |
| Section 269.10.80. OHIO EDUCATIONAL COMPUTER NETWORK | 54736 |
| The foregoing appropriation item 200-426, Ohio Educational | 54737 |
| Computer Network, shall be used by the Department of Education to | 54738 |
| maintain a system of information technology throughout Ohio and to | 54739 |
| provide technical assistance for such a system in support of the | 54740 |
| State Education Technology Plan under section 3301.07 of the | 54741 |
| Revised Code. | 54742 |
| Of the foregoing appropriation item 200-426, Ohio Educational | 54743 |
| Computer Network, up to $18,136,691 in each fiscal year shall be | 54744 |
| used by the Department of Education to support connection of all | 54745 |
| public school buildings and participating chartered nonpublic | 54746 |
| schools to the state's education network, to each other, and to | 54747 |
| the Internet. In each fiscal year the Department of Education | 54748 |
| shall use these funds to assist information technology centers or | 54749 |
| school districts with the operational costs associated with this | 54750 |
| connectivity. The Department of Education shall develop a formula | 54751 |
| and guidelines for the distribution of these funds to information | 54752 |
| technology centers or individual school districts. As used in this | 54753 |
| section, "public school building" means a school building of any | 54754 |
| city, local, exempted village, or joint vocational school | 54755 |
| district, any community school established under Chapter 3314. of | 54756 |
| the Revised Code, any educational service center building used for | 54757 |
| instructional purposes, the Ohio School for the Deaf and the Ohio | 54758 |
| School for the Blind, or high schools chartered by the Ohio | 54759 |
| Department of Youth Services and high schools operated by Ohio | 54760 |
| Department of Rehabilitation and Corrections' Ohio Central School | 54761 |
| System. | 54762 |
| Of the foregoing appropriation item 200-426, Ohio Educational | 54763 |
| Computer Network, up to $2,469,223 in each fiscal year shall be | 54764 |
| used for the Union Catalog and InfOhio Network and to support the | 54765 |
| provision of electronic resources with priority given to resources | 54766 |
| that support the teaching of state academic content standards in | 54767 |
| all public schools. Consideration shall be given by the Department | 54768 |
| of Education to coordinating the allocation of these moneys with | 54769 |
| the efforts of Libraries Connect Ohio, whose members include | 54770 |
| OhioLINK, the Ohio Public Information Network, and the State | 54771 |
| Library of Ohio. | 54772 |
| Of the foregoing appropriation item 200-426, Ohio Educational | 54773 |
| Computer Network, up to $8,338,468 in each fiscal year shall be | 54774 |
| used, through a formula and guidelines devised by the Department, | 54775 |
| to subsidize the activities of designated information technology | 54776 |
| centers, as defined by State Board of Education rules, to provide | 54777 |
| school districts and chartered nonpublic schools with | 54778 |
| computer-based student and teacher instructional and | 54779 |
| administrative information services, including approved | 54780 |
| computerized financial accounting, and to ensure the effective | 54781 |
| operation of local automated administrative and instructional | 54782 |
| systems. | 54783 |
| The remainder of appropriation item 200-426, Ohio Educational | 54784 |
| Computer Network, shall be used to support development, | 54785 |
| maintenance, and operation of a network of uniform and compatible | 54786 |
| computer-based information and instructional systems. This | 54787 |
| technical assistance shall include, but not be restricted to, | 54788 |
| development and maintenance of adequate computer software systems | 54789 |
| to support network activities. In order to improve the efficiency | 54790 |
| of network activities, the Department and information technology | 54791 |
| centers may jointly purchase equipment, materials, and services | 54792 |
| from funds provided under this appropriation for use by the | 54793 |
| network and, when considered practical by the Department, may | 54794 |
| utilize the services of appropriate state purchasing agencies. | 54795 |
| Section 269.10.90. ACADEMIC STANDARDS | 54796 |
| Of the foregoing appropriation item 200-427, Academic | 54797 |
| Standards, $150,000 in each fiscal year shall be used by the | 54798 |
| Department in combination with funding earmarked for this purpose | 54799 |
| in the Board of Regents' budget under appropriation item 235-321, | 54800 |
| Operating Expenses. Such funding shall be used to support Ohio's | 54801 |
| Partnership for Continued Learning at the direction of the Office | 54802 |
| of the Governor. Ohio's Partnership for Continued Learning | 54803 |
| replaces and broadens the former Joint Council of the Department | 54804 |
| of Education and the Board of Regents. The Partnership shall | 54805 |
| advise and make recommendations to promote collaboration among | 54806 |
| relevant state entities in an effort to help local communities | 54807 |
| develop coherent and successful "P-16" learning systems. The | 54808 |
| Governor, or the Governor's designee, shall serve as the | 54809 |
| chairperson. | 54810 |
| Of the foregoing appropriation item 200-427, Academic | 54811 |
| Standards, $1,000,000 in each fiscal year shall be used for | 54812 |
| Project Lead the Way leadership and management oversight and | 54813 |
| initial and continuing support of Project Lead the Way workforce | 54814 |
| development programs in participating school districts. | 54815 |
| Of the foregoing appropriation item 200-427, Academic | 54816 |
| Standards, up to $2,600,000 in each fiscal year shall be used for | 54817 |
| mathematics initiatives that include, but are not limited to, | 54818 |
| intensive teacher professional development institutes that focus | 54819 |
| on classroom implementation of the mathematics standards. | 54820 |
| Of the foregoing appropriation item 200-427, Academic | 54821 |
| Standards, $200,000 in each fiscal year may be used to support the | 54822 |
| Ohio Resource Center for Math and Science. | 54823 |
| Of the foregoing appropriation item 200-427, Academic | 54824 |
| Standards, up to $282,000 in each fiscal year shall be used for | 54825 |
| the JASON Expedition project that provides statewide access to | 54826 |
| JASON Expedition content. Funds shall be used to provide | 54827 |
| professional development training for teachers participating in | 54828 |
| the project, statewide management, and a seventy-five per cent | 54829 |
| subsidy for statewide licensing of JASON Expedition content with | 54830 |
| priority given to content aligned with state academic content | 54831 |
| standards for approximately 90,000 middle school students | 54832 |
| statewide. | 54833 |
| Of the foregoing appropriation item 200-427, Academic | 54834 |
| Standards, $285,000 in each fiscal year shall be used for science | 54835 |
| initiatives that include, but are not limited to, the Ohio Science | 54836 |
| Institute (OSCI). | 54837 |
| The remainder of appropriation item 200-427, Academic | 54838 |
| Standards, shall be used by the Department of Education to | 54839 |
| develop, revise, and communicate to school districts academic | 54840 |
| content standards and curriculum models. The Department may also | 54841 |
| use the remainder to develop program models that demonstrate how | 54842 |
| the academic content standards can be implemented in high school | 54843 |
| classrooms and to offer online continuing education courses. | 54844 |
| Section 269.20.10. SCHOOL IMPROVEMENT INITIATIVES | 54845 |
| Of the foregoing appropriation item 200-431, School | 54846 |
| Improvement Initiatives, $450,000 in each fiscal year shall be | 54847 |
| used for Ohio's Rural Appalachian Leadership Development | 54848 |
| Initiative. | 54849 |
| Of the foregoing appropriation item 200-431, School | 54850 |
| Improvement Initiatives, up to $800,000 in each fiscal year shall | 54851 |
| be used to support districts in the development and implementation | 54852 |
| of their continuous improvement plans as required in section | 54853 |
| 3302.04 of the Revised Code and to provide technical assistance | 54854 |
| and support in accordance with Title I of the "No Child Left | 54855 |
| Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317. This funding | 54856 |
| shall serve as a supplement to the funds provided under division | 54857 |
| (J) of section 3317.029 of the Revised Code, which represents | 54858 |
| state support for school improvement initiatives that assist | 54859 |
| school districts in closing the achievement gap. | 54860 |
| Of the foregoing appropriation item 200-431, School | 54861 |
| Improvement Initiatives, up to $236,250 in each fiscal year shall | 54862 |
| be used to reduce the dropout rate by addressing the academic and | 54863 |
| social problems of inner-city students through Project GRAD. | 54864 |
| Of the foregoing appropriation item 200-431, School | 54865 |
| Improvement Initiatives, $3,503,985 in fiscal year 2008 and | 54866 |
| $4,253,985 in fiscal year 2009 shall be used in conjunction with | 54867 |
| funding provided in the Board of Regents' budget under | 54868 |
| appropriation item 235-434, College Readiness and Access, to | 54869 |
| create early college high schools, which are small, autonomous | 54870 |
| schools that blend high school and college into a coherent | 54871 |
| educational program. The funds shall be distributed according to | 54872 |
| guidelines established by the Department of Education and the | 54873 |
| Board of Regents. | 54874 |
| Of the foregoing appropriation item 200-431, School | 54875 |
| Improvement Initiatives, up to $4,935,000 in each fiscal year | 54876 |
| shall be used in partnership with nonprofit groups with expertise | 54877 |
| in converting existing large urban high schools into small, | 54878 |
| personalized high schools. Districts eligible for such funding | 54879 |
| include the Urban 21 high schools, as defined in division (O) of | 54880 |
| section 3317.02 of the Revised Code as it existed prior to July 1, | 54881 |
| 1998. | 54882 |
| Of the foregoing appropriation item 200-431, School | 54883 |
| Improvement Initiatives, up to $75,000 in each fiscal year shall | 54884 |
| be provided to Southern State Community College for the Pilot | 54885 |
| Post-Secondary Enrollment Options Program with Miami Trace High | 54886 |
| School. | 54887 |
| Of the foregoing appropriation item 200-431, School | 54888 |
| Improvement Initiatives, $1,000,000 in each fiscal year shall be | 54889 |
| used to support Jobs for Ohio Graduates (JOG). The Department of | 54890 |
| Education shall require a two-to-one match of local funding to | 54891 |
| state funding before releasing these funds to JOG. | 54892 |
| Of the foregoing appropriation item 200-431, School | 54893 |
| Improvement Initiatives, up to $600,000 in each fiscal year shall | 54894 |
| be used by the Department of Education to support start-up costs | 54895 |
| for gaining business and industry credentialing program | 54896 |
| accreditation and to support the development of a data collection | 54897 |
| system across the numerous industry test providers. Funds shall | 54898 |
| also be used to help subsidize the cost of student participation | 54899 |
| in industry assessments, provide research on industry assessments | 54900 |
| for alignment to industry-established content standards, provide | 54901 |
| professional development opportunities for educators, and prepare | 54902 |
| schools and adult centers to organize for credential alignment and | 54903 |
| delivery. | 54904 |
| Section 269.20.20. LITERACY IMPROVEMENT-PROFESSIONAL | 54905 |
| DEVELOPMENT | 54906 |
| Of the foregoing appropriation item 200-433, Literacy | 54907 |
| Improvement-Professional Development, up to $9,590,000 in each | 54908 |
| fiscal year shall be used for educator training in literacy for | 54909 |
| classroom teachers, administrators, and literacy specialists. | 54910 |
| Of the foregoing appropriation item 200-433, Literacy | 54911 |
| Improvement-Professional Development, up to $5,000,000 in each | 54912 |
| fiscal year shall be used to support literacy professional | 54913 |
| development partnerships between the Department of Education, | 54914 |
| higher education institutions, literacy networks, and school | 54915 |
| districts. | 54916 |
| Of the foregoing appropriation item 200-433, Literacy | 54917 |
| Improvement - Professional Development, $900,000 in each fiscal | 54918 |
| year shall be used by the Department of Education to fund the | 54919 |
| Reading Recovery Training Network, to cover the cost of release | 54920 |
| time for the teacher trainers, and to provide grants to districts | 54921 |
| to implement other reading improvement programs on a pilot basis. | 54922 |
| Funds from this set-aside also may be used to conduct evaluations | 54923 |
| of the impact and effectiveness of Reading Recovery and other | 54924 |
| reading improvement programs. | 54925 |
| Of the foregoing appropriation item 200-433, Literacy | 54926 |
| Improvement-Professional Development, $100,000 in each fiscal year | 54927 |
| shall be provided to the Contemporary Arts Center for art | 54928 |
| education for children and a children's museum. | 54929 |
| The remainder of appropriation item 200-433, Literacy | 54930 |
| Improvement-Professional Development, shall be used by the | 54931 |
| Department of Education to provide administrative support of | 54932 |
| literacy professional development programs. Upon approval of the | 54933 |
| Controlling Board, the Department may also use the remainder to | 54934 |
| contract with an external evaluator on the effectiveness of | 54935 |
| literacy professional development initiatives in the academic | 54936 |
| achievement of students. | 54937 |
| STUDENT ASSESSMENT | 54938 |
| The foregoing appropriation item 200-437, Student Assessment, | 54939 |
| shall be used to develop, field test, print, distribute, score, | 54940 |
| report results, and support other associated costs for the tests | 54941 |
| required under sections 3301.0710 and 3301.0711 of the Revised | 54942 |
| Code and for similar purposes as required by section 3301.27 of | 54943 |
| the Revised Code. If funds remain in this appropriation after | 54944 |
| these purposes have been fulfilled, the Department may use the | 54945 |
| remainder of the appropriation to develop end-of-course exams. | 54946 |
| Section 269.20.30. ACCOUNTABILITY/REPORT CARDS | 54947 |
| Of the foregoing appropriation item 200-439, | 54948 |
| Accountability/Report Cards, up to $3,028,540 in each fiscal year | 54949 |
| shall be used to train district and regional specialists and | 54950 |
| district educators in the use of the value-added progress | 54951 |
| dimension. This funding shall be used in consultation with a | 54952 |
| credible nonprofit organization with expertise in value-added | 54953 |
| progress dimensions. | 54954 |
| Of the foregoing appropriation item, 200-439, | 54955 |
| Accountability/Report Cards, up to $6,000,000 in fiscal year 2009 | 54956 |
| shall be used to make payments to each city, local, or exempted | 54957 |
| village school district that was declared to be "excellent" on the | 54958 |
| local report card published for the district during that fiscal | 54959 |
| year. The amount of the payment in each fiscal year to each | 54960 |
| eligible school district shall be equal to the district's average | 54961 |
| daily student enrollment reported on the district's local report | 54962 |
| card published during that fiscal year multiplied by $10. If the | 54963 |
| total calculated payment exceeds this earmark, the Department | 54964 |
| shall reduce each district's payment proportionally. | 54965 |
| The remainder of appropriation item 200-439, | 54966 |
| Accountability/Report Cards, shall be used by the Department to | 54967 |
| incorporate a statewide pilot value-added progress dimension into | 54968 |
| performance ratings for school districts and for the development | 54969 |
| of an accountability system that includes the preparation and | 54970 |
| distribution of school report cards under section 3302.03 of the | 54971 |
| Revised Code. | 54972 |
| CHILD CARE LICENSING | 54973 |
| The foregoing appropriation item 200-442, Child Care | 54974 |
| Licensing, shall be used by the Department of Education to license | 54975 |
| and to inspect preschool and school-age child care programs under | 54976 |
| sections 3301.52 to 3301.59 of the Revised Code. | 54977 |
| Section 269.20.40. EDUCATION MANAGEMENT INFORMATION SYSTEM | 54978 |
| The foregoing appropriation item 200-446, Education | 54979 |
| Management Information System, shall be used by the Department of | 54980 |
| Education to improve the Education Management Information System | 54981 |
| (EMIS). | 54982 |
| Of the foregoing appropriation item 200-446, Education | 54983 |
| Management Information System, up to $1,338,620 in fiscal year | 54984 |
| 2008 and up to $1,372,085 in fiscal year 2009 shall be distributed | 54985 |
| to designated information technology centers for costs relating to | 54986 |
| processing, storing, and transferring data for the effective | 54987 |
| operation of the EMIS. These costs may include, but are not | 54988 |
| limited to, personnel, hardware, software development, | 54989 |
| communications connectivity, professional development, and support | 54990 |
| services, and to provide services to participate in the State | 54991 |
| Education Technology Plan pursuant to section 3301.07 of the | 54992 |
| Revised Code. | 54993 |
| Of the foregoing appropriation item 200-446, Education | 54994 |
| Management Information System, up to $8,256,569 in fiscal year | 54995 |
| 2008 and up to $8,462,984 in fiscal year 2009 shall be distributed | 54996 |
| on a per-pupil basis to school districts, community schools | 54997 |
| established under Chapter 3314. of the Revised Code, educational | 54998 |
| service centers, joint vocational school districts, and any other | 54999 |
| education entity that reports data through EMIS. From this | 55000 |
| funding, each school district or community school established | 55001 |
| under Chapter 3314. of the Revised Code with enrollment greater | 55002 |
| than 100 students and each vocational school district shall | 55003 |
| receive a minimum of $5,000 in each fiscal year. Each school | 55004 |
| district or community school established under Chapter 3314. of | 55005 |
| the Revised Code with enrollment between one and one hundred and | 55006 |
| each educational service center and each county board of MR/DD | 55007 |
| that submits data through EMIS shall receive $3,000 in each fiscal | 55008 |
| year. This subsidy shall be used for costs relating to reporting, | 55009 |
| processing, storing, transferring, and exchanging data necessary | 55010 |
| to meet requirements of the Department of Education's data system. | 55011 |
| The remainder of appropriation item 200-446, Education | 55012 |
| Management Information System, shall be used to develop and | 55013 |
| support a common core of data definitions and standards as adopted | 55014 |
| by the Education Data Advisory Council, including the ongoing | 55015 |
| development and maintenance of the data dictionary and data | 55016 |
| warehouse. In addition, such funds shall be used to support the | 55017 |
| development and implementation of data standards and the design, | 55018 |
| development, and implementation of a new data exchange system. | 55019 |
| Any provider of software meeting the standards approved by | 55020 |
| the Education Data Advisory Council shall be designated as an | 55021 |
| approved vendor and may enter into contracts with local school | 55022 |
| districts, community schools, information technology centers, or | 55023 |
| other educational entities for the purpose of collecting and | 55024 |
| managing data required under Ohio's education management | 55025 |
| information system (EMIS) laws. On an annual basis, the Department | 55026 |
| of Education shall convene an advisory group of school districts, | 55027 |
| community schools, and other education-related entities to review | 55028 |
| the Education Management Information System data definitions and | 55029 |
| data format standards. The advisory group shall recommend changes | 55030 |
| and enhancements based upon surveys of its members, education | 55031 |
| agencies in other states, and current industry practices, to | 55032 |
| reflect best practices, align with federal initiatives, and meet | 55033 |
| the needs of school districts. | 55034 |
| School districts and community schools not implementing a | 55035 |
| common and uniform set of data definitions and data format | 55036 |
| standards for Education Management Information System purposes | 55037 |
| shall have all EMIS funding withheld until they are in compliance. | 55038 |
| Section 269.20.50. GED TESTING | 55039 |
| The foregoing appropriation item 200-447, GED Testing, shall | 55040 |
| be used to provide General Educational Development (GED) testing | 55041 |
| at no cost to applicants, under rules adopted by the State Board | 55042 |
| of Education. The Department of Education shall reimburse school | 55043 |
| districts and community schools, created under Chapter 3314. of | 55044 |
| the Revised Code, for a portion of the costs incurred in providing | 55045 |
| summer instructional or intervention services to students who have | 55046 |
| not graduated because of their inability to pass one or more parts | 55047 |
| of the state's Ohio Graduation Test or ninth grade proficiency | 55048 |
| test. School districts shall also provide such services to | 55049 |
| students who are residents of the district under section 3313.64 | 55050 |
| of the Revised Code, but who are enrolled in chartered, nonpublic | 55051 |
| schools. The services shall be provided in the public school, in | 55052 |
| nonpublic schools, in public centers, or in mobile units located | 55053 |
| on or off the nonpublic school premises. No school district shall | 55054 |
| provide summer instructional or intervention services to nonpublic | 55055 |
| school students as authorized by this section unless such services | 55056 |
| are available to students attending the public schools within the | 55057 |
| district. No school district shall provide services for use in | 55058 |
| religious courses, devotional exercises, religious training, or | 55059 |
| any other religious activity. Chartered, nonpublic schools shall | 55060 |
| pay for any unreimbursed costs incurred by school districts for | 55061 |
| providing summer instruction or intervention services to students | 55062 |
| enrolled in chartered, nonpublic schools. School districts may | 55063 |
| provide these services to students directly or contract with | 55064 |
| postsecondary or nonprofit community-based institutions in | 55065 |
| providing instruction. | 55066 |
| Section 269.20.60. EDUCATOR PREPARATION | 55067 |
| The foregoing appropriation item 200-448, Educator | 55068 |
| Preparation, may be used by the Department to support the Educator | 55069 |
| Standards Board under section 3319.61 of the Revised Code as it | 55070 |
| develops and recommends to the State Board of Education standards | 55071 |
| for educator training and standards for teacher and other school | 55072 |
| leadership positions. Any remaining funds may be used by the | 55073 |
| Department to develop alternative preparation programs for school | 55074 |
| leaders. | 55075 |
| Section 269.20.70. COMMUNITY SCHOOLS | 55076 |
| Of the foregoing appropriation item 200-455, Community | 55077 |
| Schools, up to $1,308,661 in each fiscal year may be used by the | 55078 |
| Department of Education for additional services and | 55079 |
| responsibilities under section 3314.11 of the Revised Code. | 55080 |
| Of the foregoing appropriation item 200-455, Community | 55081 |
| Schools, up to $225,000 in each fiscal year may be used by the | 55082 |
| Department of Education for developing and conducting training | 55083 |
| sessions for sponsors and prospective sponsors of community | 55084 |
| schools as prescribed in division (A)(1) of section 3314.015 of | 55085 |
| the Revised Code. In developing the training sessions, the | 55086 |
| Department shall collect and disseminate examples of best | 55087 |
| practices used by sponsors of independent charter schools in Ohio | 55088 |
| and other states. | 55089 |
| Section 269.20.80. PUPIL TRANSPORTATION | 55090 |
| Of the foregoing appropriation item 200-502, Pupil | 55091 |
| Transportation, up to $830,624 in fiscal year 2008 and up to | 55092 |
| $838,930 in fiscal year 2009 may be used by the Department of | 55093 |
| Education for training prospective and experienced school bus | 55094 |
| drivers in accordance with training programs prescribed by the | 55095 |
| Department. Up to $59,870,514 in fiscal year 2008 and up to | 55096 |
| $60,469,220 in fiscal year 2009 may be used by the Department of | 55097 |
| Education for special education transportation reimbursements to | 55098 |
| school districts and county MR/DD boards for transportation | 55099 |
| operating costs as provided in division (J) of section 3317.024 of | 55100 |
| the Revised Code. The remainder of appropriation item 200-502, | 55101 |
| Pupil Transportation, shall be used for the state reimbursement of | 55102 |
| public school districts' costs in transporting pupils to and from | 55103 |
| the school they attend in accordance with the district's policy, | 55104 |
| State Board of Education standards, and the Revised Code. | 55105 |
| Notwithstanding the distribution formula outlined in division | 55106 |
| (D) of section 3317.022 of the Revised Code, each school district | 55107 |
| shall receive an additional one per cent in state funding for | 55108 |
| transportation in fiscal year 2008 over what was received in | 55109 |
| fiscal year 2007, and the local share of transportation costs that | 55110 |
| is used in the calculation of the charge-off supplement and excess | 55111 |
| cost supplement for each school district in fiscal year 2008 shall | 55112 |
| be increased by one per cent from that used in calculations in | 55113 |
| fiscal year 2007. | 55114 |
| Notwithstanding the distribution formula outlined in division | 55115 |
| (D) of section 3317.022 of the Revised Code, each school district | 55116 |
| shall receive an additional one per cent in state funding for | 55117 |
| transportation in fiscal year 2009 over what was received in | 55118 |
| fiscal year 2008, and the local share of transportation costs that | 55119 |
| is used in the calculation of the charge-off supplement and excess | 55120 |
| cost supplement for each school district in fiscal year 2009 shall | 55121 |
| be increased by one per cent from that used in calculations in | 55122 |
| fiscal year 2008. | 55123 |
| School districts not receiving state funding for | 55124 |
| transportation in fiscal year 2005 under division (D) of section | 55125 |
| 3317.022 of the Revised Code shall not receive state funding for | 55126 |
| transportation in fiscal year 2008 or fiscal year 2009. | 55127 |
| Section 269.20.90. BUS PURCHASE ALLOWANCE | 55128 |
| The foregoing appropriation item 200-503, Bus Purchase | 55129 |
| Allowance, shall be distributed to school districts, educational | 55130 |
| service centers, and county MR/DD boards pursuant to rules adopted | 55131 |
| under section 3317.07 of the Revised Code. Up to 28 per cent of | 55132 |
| the amount appropriated may be used to reimburse school districts | 55133 |
| and educational service centers for the purchase of buses to | 55134 |
| transport handicapped and nonpublic school students and to county | 55135 |
| MR/DD boards, the Ohio School for the Deaf, and the Ohio School | 55136 |
| for the Blind for the purchase of buses to transport handicapped | 55137 |
| students. | 55138 |
| SCHOOL LUNCH MATCH | 55139 |
| The foregoing appropriation item 200-505, School Lunch Match, | 55140 |
| shall be used to provide matching funds to obtain federal funds | 55141 |
| for the school lunch program. | 55142 |
| Section 269.30.10. ADULT LITERACY EDUCATION | 55143 |
| The foregoing appropriation item 200-509, Adult Literacy | 55144 |
| Education, shall be used to support adult basic and literacy | 55145 |
| education instructional programs and the State Literacy Resource | 55146 |
| Center Program. | 55147 |
| Of the foregoing appropriation item 200-509, Adult Literacy | 55148 |
| Education, up to $488,037 in each fiscal year shall be used for | 55149 |
| the support and operation of the State Literacy Resource Center. | 55150 |
| Of the foregoing appropriation item 200-509, Adult Literacy | 55151 |
| Education, up to $175,000 in each fiscal year shall be used for | 55152 |
| state reimbursement to school districts for adult high school | 55153 |
| continuing education programs under section 3313.531 of the | 55154 |
| Revised Code or for costs associated with awarding adult high | 55155 |
| school diplomas under section 3313.611 of the Revised Code. | 55156 |
| Of the foregoing appropriation item 200-509, Adult Literacy | 55157 |
| Education, $130,000 in each fiscal year shall be used to support | 55158 |
| initiatives for English as a Second Language programs. Funding | 55159 |
| shall be distributed as follows: $60,000 in each fiscal year for | 55160 |
| Jewish Community Federation of Cleveland, $25,000 in each fiscal | 55161 |
| year for Yassenoff Jewish Community Center of Columbus, $30,000 in | 55162 |
| each fiscal year for Jewish Family Services of Cincinnati, and | 55163 |
| $15,000 in each fiscal year for Jewish Family Services of Dayton. | 55164 |
| The remainder of the appropriation shall be used to continue | 55165 |
| to satisfy the state match and maintenance of effort requirements | 55166 |
| for the support and operation of the Department of | 55167 |
| Education-administered instructional grant program for adult basic | 55168 |
| and literacy education in accordance with the Department's state | 55169 |
| plan for adult basic and literacy education as approved by the | 55170 |
| State Board of Education and the Secretary of the United States | 55171 |
| Department of Education. | 55172 |
| Section 269.30.20. AUXILIARY SERVICES | 55173 |
| The foregoing appropriation item 200-511, Auxiliary Services, | 55174 |
| shall be used by the Department of Education for the purpose of | 55175 |
| implementing section 3317.06 of the Revised Code. Of the | 55176 |
| appropriation, up to $2,060,000 in fiscal year 2008 and up to | 55177 |
| $2,121,800 in fiscal year 2009 may be used for payment of the | 55178 |
| Post-Secondary Enrollment Options Program for nonpublic students. | 55179 |
| Notwithstanding section 3365.10 of the Revised Code, the | 55180 |
| Department, in accordance with Chapter 119. of the Revised Code, | 55181 |
| shall adopt rules governing the distribution method for these | 55182 |
| funds. | 55183 |
| POSTSECONDARY ADULT CAREER-TECHNICAL EDUCATION | 55184 |
| Of the foregoing appropriation item 200-514, Postsecondary | 55185 |
| Adult Career-Technical Education, $40,000 in each fiscal year | 55186 |
| shall be used for statewide coordination of the activities of the | 55187 |
| Ohio Young Farmers. | 55188 |
| The remainder of appropriation item 200-514, Postsecondary | 55189 |
| Adult Career-Technical Education, shall be used by the State Board | 55190 |
| of Education to provide postsecondary adult career-technical | 55191 |
| education under sections 3313.52 and 3313.53 of the Revised Code. | 55192 |
| Section 269.30.30. GIFTED PUPIL PROGRAM | 55193 |
| The foregoing appropriation item 200-521, Gifted Pupil | 55194 |
| Program, shall be used for gifted education units not to exceed | 55195 |
| 1,110 in each fiscal year under division (L) of section 3317.024 | 55196 |
| and division (F) of section 3317.05 of the Revised Code. | 55197 |
| Of the foregoing appropriation item 200-521, Gifted Pupil | 55198 |
| Program, up to $4,747,000 in fiscal year 2008 and up to $4,794,470 | 55199 |
| in fiscal year 2009 may be used as an additional supplement for | 55200 |
| identifying gifted students under Chapter 3324. of the Revised | 55201 |
| Code. | 55202 |
| Of the foregoing appropriation item 200-521, Gifted Pupil | 55203 |
| Program, the Department of Education may expend up to $1,015,858 | 55204 |
| in fiscal year 2008 and up to $1,026,017 in fiscal year 2009 for | 55205 |
| the Summer Honors Institute, including funding for the Martin | 55206 |
| Essex Program, which shall be awarded through a request for | 55207 |
| proposals process. | 55208 |
| NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT | 55209 |
| The foregoing appropriation item 200-532, Nonpublic | 55210 |
| Administrative Cost Reimbursement, shall be used by the Department | 55211 |
| of Education for the purpose of implementing section 3317.063 of | 55212 |
| the Revised Code. | 55213 |
| Section 269.30.40. OHIO CORE SUPPORT | 55214 |
| The foregoing appropriation item 200-536, Ohio Core Support, | 55215 |
| shall be used to support implementation of the Ohio Core Program, | 55216 |
| which requires establishment of a rigorous high school curriculum | 55217 |
| for Ohio's high school students. The Department of Education and | 55218 |
| the Board of Regents shall jointly plan and work collaboratively | 55219 |
| to guide implementation of the Ohio Core Program and to administer | 55220 |
| funding to eligible school districts, fiscal agents, individuals, | 55221 |
| and programs as determined under this section. The Department of | 55222 |
| Education and the Board of Regents shall jointly agree to the | 55223 |
| awarding and expenditure of funds appropriated in this section. | 55224 |
| Of the foregoing appropriation item 200-536, Ohio Core | 55225 |
| Support, up to $2,600,000 in fiscal year 2008 and up to $3,000,000 | 55226 |
| in fiscal year 2009 shall be used to support the participation of | 55227 |
| teachers licensed in Ohio and mid-career professionals not | 55228 |
| currently employed by a school district or chartered nonpublic | 55229 |
| school or licensed to teach at the primary or secondary education | 55230 |
| levels in a twelve-month intensive training program that leads to | 55231 |
| teacher licensure in a laboratory-based science, advanced | 55232 |
| mathematics, or foreign language field at the secondary education | 55233 |
| level and employment with an Ohio school district school | 55234 |
| designated by the Department of Education as a hard to staff | 55235 |
| school. | 55236 |
| Of the foregoing appropriation item 200-536, Ohio Core | 55237 |
| Support, up to $1,500,000 in fiscal year 2008 and up to $2,100,000 | 55238 |
| in fiscal year 2009 shall be used to support alternative teacher | 55239 |
| licensure programs developed by educational service centers in | 55240 |
| partnership with institutions of higher education. Participants | 55241 |
| shall be teachers licensed in Ohio and mid-career professionals | 55242 |
| not currently employed by a school district or chartered nonpublic | 55243 |
| school or licensed to teach at the primary or secondary education | 55244 |
| levels. Programs shall support teacher licensure in a | 55245 |
| laboratory-based science, advanced mathematics, or foreign | 55246 |
| language field at the secondary education level and employment | 55247 |
| with an Ohio school district school designated by the Department | 55248 |
| of Education as a hard to staff school. The programs shall be | 55249 |
| consistent with the State Board of Education's alternative | 55250 |
| licensure requirements. | 55251 |
| Of the foregoing appropriation item 200-536, Ohio Core | 55252 |
| Support, up to $3,600,000 in each fiscal year shall be distributed | 55253 |
| to school districts, and to public fiscal agents on behalf of | 55254 |
| chartered nonpublic schools, to be used to obtain contracted | 55255 |
| instruction with institutions of higher education in advanced | 55256 |
| mathematics, laboratory-based science, or foreign language for | 55257 |
| public and chartered nonpublic high school students that results | 55258 |
| in dual high school and college credit. Costs shall be based upon | 55259 |
| reasonable expenses that institutions of higher education could | 55260 |
| incur for faculty, supplies, and other associated costs. | 55261 |
| Of the foregoing appropriation item 200-536, Ohio Core | 55262 |
| Support, up to $6,425,000 in fiscal year 2009 shall be distributed | 55263 |
| to public school districts for supplemental post-secondary | 55264 |
| enrollment option participation. The Partnership for Continued | 55265 |
| Learning shall make program recommendations by October 31, 2007, | 55266 |
| to the Department of Education and the Board of Regents to remove | 55267 |
| school district barriers to participation and improve the quality | 55268 |
| of course offerings, ensuring that credit earned at institutions | 55269 |
| of higher education will apply toward high school graduation | 55270 |
| requirements and associate or baccalaureate degree requirements. | 55271 |
| Eligibility requirements and grant amounts awarded to school | 55272 |
| districts in fiscal year 2009 for the program shall be determined | 55273 |
| by criteria established by the Department of Education in | 55274 |
| collaboration with the Board of Regents and the Partnership for | 55275 |
| Continued Learning. | 55276 |
| Section 269.30.50. SPECIAL EDUCATION ENHANCEMENTS | 55277 |
| Of the foregoing appropriation item 200-540, Special | 55278 |
| Education Enhancements, up to $2,906,875 in each fiscal year shall | 55279 |
| be used for home instruction for children with disabilities; up to | 55280 |
| $1,462,500 in each fiscal year shall be used for parent mentoring | 55281 |
| programs; and up to $2,783,396 in each fiscal year may be used for | 55282 |
| school psychology interns. | 55283 |
| Of the foregoing appropriation item 200-540, Special | 55284 |
| Education Enhancements, $750,000 in each fiscal year shall be used | 55285 |
| for the Out of School Initiative of Sinclair Community College. | 55286 |
| Of the foregoing appropriation item 200-540, Special | 55287 |
| Education Enhancements, $200,000 shall be used for a preschool | 55288 |
| special education pilot program in Bowling Green City School | 55289 |
| District. | 55290 |
| Of the foregoing appropriation item 200-540, Special | 55291 |
| Education Enhancements, $200,000 in each fiscal year shall be used | 55292 |
| to support the Bellefaire Jewish Children's Bureau. | 55293 |
| Of the foregoing appropriation item 200-540, Special | 55294 |
| Education Enhancements, up to $82,707,558 in fiscal year 2008 and | 55295 |
| up to $83,371,505 in fiscal year 2009 shall be distributed by the | 55296 |
| Department of Education to county boards of mental retardation and | 55297 |
| developmental disabilities, educational service centers, and | 55298 |
| school districts for preschool special education units and | 55299 |
| preschool supervisory units under section 3317.052 of the Revised | 55300 |
| Code. The Department may reimburse county boards of mental | 55301 |
| retardation and developmental disabilities, educational service | 55302 |
| centers, and school districts for related services as defined in | 55303 |
| rule 3301-51-11 of the Administrative Code, for preschool | 55304 |
| occupational and physical therapy services provided by a physical | 55305 |
| therapy assistant and certified occupational therapy assistant, | 55306 |
| and for an instructional assistant. To the greatest extent | 55307 |
| possible, the Department of Education shall allocate these units | 55308 |
| to school districts and educational service centers. | 55309 |
| No physical therapy assistant who provides services under | 55310 |
| this section shall fail to practice in accordance with the | 55311 |
| requirements of Chapter 4755. of the Revised Code and rules | 55312 |
| 4755-27-02 and 4755-27-03 of the Administrative Code. No | 55313 |
| occupational therapy assistant who provides services under this | 55314 |
| section shall fail to practice in accordance with the requirements | 55315 |
| of Chapter 4755. of the Revised Code and rules 4755-7-01 and | 55316 |
| 4755-7-03 of the Administrative Code. | 55317 |
| The Department of Education shall require school districts, | 55318 |
| educational service centers, and county MR/DD boards serving | 55319 |
| preschool children with disabilities to document child progress | 55320 |
| using research-based indicators prescribed by the Department and | 55321 |
| report results annually. The reporting dates and method shall be | 55322 |
| determined by the Department. | 55323 |
| Of the foregoing appropriation item 200-540, Special | 55324 |
| Education Enhancements, up to $405,000 in each fiscal year shall | 55325 |
| be used for the Collaborative Language and Literacy Instruction | 55326 |
| Project. | 55327 |
| Of the foregoing appropriation item 200-540, Special | 55328 |
| Education Enhancements, $325,000 in each fiscal year shall be used | 55329 |
| by the Ohio Center for Autism and Low Incidence to contract with | 55330 |
| the Delaware-Union Educational Service Center for the provision of | 55331 |
| autism transition services. | 55332 |
| Of the foregoing appropriation item 200-540, Special | 55333 |
| Education Enhancements, $75,000 in each fiscal year shall be used | 55334 |
| for Leaf Lake/Geauga Educational Assistance Funding. | 55335 |
| The remainder of appropriation item 200-540, Special | 55336 |
| Education Enhancements, shall be used to fund special education | 55337 |
| and related services at county boards of mental retardation and | 55338 |
| developmental disabilities for eligible students under section | 55339 |
| 3317.20 of the Revised Code and at institutions for eligible | 55340 |
| students under section 3317.201 of the Revised Code. | 55341 |
| Section 269.30.60. CAREER-TECHNICAL EDUCATION ENHANCEMENTS | 55342 |
| Of the foregoing appropriation item 200-545, Career-Technical | 55343 |
| Education Enhancements, up to $2,509,152 in fiscal year 2008 and | 55344 |
| up to $2,584,427 in fiscal year 2009 shall be used to fund | 55345 |
| career-technical education units at institutions. | 55346 |
| Of the foregoing appropriation item 200-545, Career-Technical | 55347 |
| Education Enhancements, up to $2,621,507 in each fiscal year shall | 55348 |
| be used by the Department of Education to fund competitive grants | 55349 |
| to tech prep consortia that expand the number of students enrolled | 55350 |
| in tech prep programs. These grant funds shall be used to directly | 55351 |
| support expanded tech prep programs, including equipment, provided | 55352 |
| to students enrolled in school districts, including joint | 55353 |
| vocational school districts, and affiliated higher education | 55354 |
| institutions. | 55355 |
| Of the foregoing appropriation item 200-545, Career-Technical | 55356 |
| Education Enhancements, up to $3,401,000 in each fiscal year shall | 55357 |
| be used by the Department of Education to support existing High | 55358 |
| Schools That Work (HSTW) sites, develop and support new sites, | 55359 |
| fund technical assistance, and support regional centers and middle | 55360 |
| school programs. The purpose of HSTW is to combine challenging | 55361 |
| academic courses and modern career-technical studies to raise the | 55362 |
| academic achievement of students. HSTW provides intensive | 55363 |
| technical assistance, focused staff development, targeted | 55364 |
| assessment services, and ongoing communications and networking | 55365 |
| opportunities. | 55366 |
| Of the foregoing appropriation item 200-545, Career-Technical | 55367 |
| Education Enhancements, up to $466,992 in each fiscal year shall | 55368 |
| be allocated for the Ohio Career Information System (OCIS) and | 55369 |
| used for the dissemination of career information data to public | 55370 |
| schools, libraries, rehabilitation centers, two- and four-year | 55371 |
| colleges and universities, and other governmental units. | 55372 |
| Of the foregoing appropriation item 200-545, Career-Technical | 55373 |
| Educational Enhancements, up to $300,000 in each fiscal year shall | 55374 |
| be used by the Department of Education to enable students in | 55375 |
| agricultural programs to enroll in a fifth quarter of instruction | 55376 |
| based on the agricultural education model of delivering work-based | 55377 |
| learning through supervised agricultural experience. The | 55378 |
| Department of Education shall determine eligibility criteria and | 55379 |
| the reporting process for the Agriculture 5th Quarter Project and | 55380 |
| shall fund as many programs as possible given the set aside. | 55381 |
| Section 269.30.70. FOUNDATION FUNDING | 55382 |
| The foregoing appropriation item 200-550, Foundation Funding, | 55383 |
| includes $75,000,000 in each fiscal year for the state education | 55384 |
| aid offset due to the change in public utility valuation as a | 55385 |
| result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd | 55386 |
| General Assembly. This amount represents the total state education | 55387 |
| aid offset due to the valuation change for school districts and | 55388 |
| joint vocational school districts from all relevant appropriation | 55389 |
| line item sources. Upon certification by the Department of | 55390 |
| Education, in consultation with the Department of Taxation, to the | 55391 |
| Director of Budget and Management of the actual state aid offset, | 55392 |
| the cash transfer from Fund 053, appropriation item 200-900, | 55393 |
| School District Property Tax Replacement - Utility, shall be | 55394 |
| decreased or increased by the Director of Budget and Management to | 55395 |
| match the certification in accordance with section 5727.84 of the | 55396 |
| Revised Code. | 55397 |
| The foregoing appropriation item 200-550, Foundation Funding, | 55398 |
| includes $58,000,000 in fiscal year 2008 and $145,000,000 in | 55399 |
| fiscal year 2009 for the state education aid offset because of the | 55400 |
| changes in tangible personal property valuation as a result of Am. | 55401 |
| Sub. H.B. 66 of the 126th General Assembly. This amount represents | 55402 |
| the total state education aid offset because of the valuation | 55403 |
| change for school districts and joint vocational school districts | 55404 |
| from all relevant appropriation item sources. Upon certification | 55405 |
| by the Department of Education of the actual state education aid | 55406 |
| offset to the Director of Budget and Management, the cash transfer | 55407 |
| from Fund 047, appropriation item 200-909, School District | 55408 |
| Property Tax Replacement - Business, shall be decreased or | 55409 |
| increased by the Director of Budget and Management to match the | 55410 |
| certification in accordance with section 5751.21 of the Revised | 55411 |
| Code. | 55412 |
| Of the foregoing appropriation item 200-550, Foundation | 55413 |
| Funding, up to $425,000 shall be expended in each fiscal year for | 55414 |
| court payments under section 2151.357 of the Revised Code; an | 55415 |
| amount shall be available in each fiscal year to fund up to 225 | 55416 |
| full-time equivalent approved GRADS teacher grants under division | 55417 |
| (N) of section 3317.024 of the Revised Code; an amount shall be | 55418 |
| available in each fiscal year to make payments to school districts | 55419 |
| under division (A)(3) of section 3317.022 of the Revised Code; an | 55420 |
| amount shall be available in each fiscal year to make payments to | 55421 |
| school districts under division (F) of section 3317.022 of the | 55422 |
| Revised Code; and up to $30,000,000 in each fiscal year shall be | 55423 |
| reserved for payments under sections 3317.026, 3317.027, and | 55424 |
| 3317.028 of the Revised Code except that the Controlling Board may | 55425 |
| increase the $30,000,000 amount if presented with such a request | 55426 |
| from the Department of Education. | 55427 |
| Of the foregoing appropriation item 200-550, Foundation | 55428 |
| Funding, up to $19,770,000 in fiscal year 2008 and up to | 55429 |
| $20,545,200 in fiscal year 2009 shall be used to provide | 55430 |
| additional state aid to school districts for special education | 55431 |
| students under division (C)(3) of section 3317.022 of the Revised | 55432 |
| Code, except that the Controlling Board may increase these amounts | 55433 |
| if presented with such a request from the Department of Education | 55434 |
| at the final meeting of the fiscal year; up to $2,000,000 in each | 55435 |
| fiscal year shall be reserved for Youth Services tuition payments | 55436 |
| under section 3317.024 of the Revised Code; and up to $52,000,000 | 55437 |
| in each fiscal year shall be reserved to fund the state | 55438 |
| reimbursement of educational service centers under section 3317.11 | 55439 |
| of the Revised Code and the section of this act entitled | 55440 |
| "EDUCATIONAL SERVICE CENTERS FUNDING." An amount shall be | 55441 |
| available for special education weighted funding under division | 55442 |
| (C)(1) of section 3317.022 and division (D)(1) of section 3317.16 | 55443 |
| of the Revised Code. | 55444 |
| Of the foregoing appropriation item 200-550, Foundation | 55445 |
| Funding, an amount shall be available in each fiscal year to be | 55446 |
| used by the Department of Education for transitional aid for | 55447 |
| school districts and joint vocational school districts. Funds | 55448 |
| shall be distributed under the sections of this act entitled | 55449 |
| "TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL | 55450 |
| DISTRICTS" and "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL | 55451 |
| DISTRICTS." | 55452 |
| Of the foregoing appropriation item 200-550, Foundation | 55453 |
| Funding, up to $1,000,000 in each fiscal year shall be used by the | 55454 |
| Department of Education for a program to pay for educational | 55455 |
| services for youth who have been assigned by a juvenile court or | 55456 |
| other authorized agency to any of the facilities described in | 55457 |
| division (A) of the section of this act entitled "PRIVATE | 55458 |
| TREATMENT FACILITY PROJECT." | 55459 |
| Of the foregoing appropriation item 200-550, Foundation | 55460 |
| Funding, up to $3,700,000 in each fiscal year shall be used for | 55461 |
| school breakfast programs. Of this amount, up to $900,000 shall be | 55462 |
| used in each fiscal year by the Department of Education to | 55463 |
| contract with the Children's Hunger Alliance to expand access to | 55464 |
| child nutrition programs consistent with the organization's | 55465 |
| continued ability to meet specified performance measures as | 55466 |
| detailed in the contract. Of this amount, the Children's Hunger | 55467 |
| Alliance shall use at least $150,000 in each fiscal year to | 55468 |
| subcontract with an appropriate organization or organizations to | 55469 |
| expand summer food participation in underserved areas of the | 55470 |
| state, consistent with those organizations' continued ability to | 55471 |
| meet specified performance measures as detailed in the | 55472 |
| subcontracts. The remainder of the appropriation shall be used to | 55473 |
| partially reimburse school buildings within school districts that | 55474 |
| are required to have a school breakfast program under section | 55475 |
| 3313.813 of the Revised Code, at a rate decided by the Department. | 55476 |
| Of the foregoing appropriation item 200-550, Foundation | 55477 |
| Funding, up to $8,686,000 in fiscal year 2008 and up to $8,722,860 | 55478 |
| in fiscal year 2009 shall be used to operate the school choice | 55479 |
| program in the Cleveland Municipal School District under sections | 55480 |
| 3313.974 to 3313.979 of the Revised Code. | 55481 |
| Of the portion of the funds distributed to the Cleveland | 55482 |
| Municipal School District under this section, up to $11,901,887 in | 55483 |
| each fiscal year shall be used to operate the school choice | 55484 |
| program in the Cleveland Municipal School District under sections | 55485 |
| 3313.974 to 3313.979 of the Revised Code. | 55486 |
| Of the foregoing appropriation item 200-550, Foundation | 55487 |
| Funding, $2,400,000 in fiscal year 2008 and $2,700,000 in fiscal | 55488 |
| year 2009 shall be used in conjunction with funding appropriated | 55489 |
| under appropriation item 200-408, Early Childhood Education, to | 55490 |
| pay the costs of early childhood education programs under Section | 55491 |
| 269.10.20 of this act. | 55492 |
| The remaining portion of appropriation item 200-550, | 55493 |
| Foundation Funding, shall be expended for the public schools of | 55494 |
| city, local, exempted village, and joint vocational school | 55495 |
| districts, including base-cost funding, special education speech | 55496 |
| service enhancement funding, career-technical education weight | 55497 |
| funding, career-technical education associated service funding, | 55498 |
| teacher training and experience funding, charge-off supplement, | 55499 |
| and excess cost supplement under sections 3317.022, 3317.023, | 55500 |
| 3317.0216, and 3317.16 of the Revised Code. | 55501 |
| Appropriation items 200-502, Pupil Transportation, 200-521, | 55502 |
| Gifted Pupil Program, 200-540, Special Education Enhancements, and | 55503 |
| 200-550, Foundation Funding, other than specific set-asides, are | 55504 |
| collectively used in each fiscal year to pay state formula aid | 55505 |
| obligations for school districts and joint vocational school | 55506 |
| districts under Chapter 3317. of the Revised Code. The first | 55507 |
| priority of these appropriation items, with the exception of | 55508 |
| specific set-asides, is to fund state formula aid obligations | 55509 |
| under Chapter 3317. of the Revised Code. It may be necessary to | 55510 |
| reallocate funds among these appropriation items or use excess | 55511 |
| funds from other general revenue fund appropriation items in the | 55512 |
| Department of Education's budget in each fiscal year, in order to | 55513 |
| meet state formula aid obligations. If it is determined that it is | 55514 |
| necessary to transfer funds among these appropriation items or to | 55515 |
| transfer funds from other General Revenue Fund appropriations in | 55516 |
| the Department of Education's budget to meet state formula aid | 55517 |
| obligations, the Department of Education shall seek approval from | 55518 |
| the Controlling Board to transfer funds as needed. | 55519 |
| Section 269.30.80. TRANSITIONAL AID FOR CITY, LOCAL, AND | 55520 |
| EXEMPTED VILLAGE SCHOOL DISTRICTS | 55521 |
| (A) The Department of Education shall distribute funds within | 55522 |
| appropriation item 200-550, Foundation Funding, for transitional | 55523 |
| aid in each fiscal year to each qualifying city, local, and | 55524 |
| exempted village school district. | 55525 |
| For fiscal years 2008 and 2009, the Department shall pay | 55526 |
| transitional aid to each city, local, or exempted village school | 55527 |
| district that experiences any decrease in its SF-3 funding for the | 55528 |
| current fiscal year from its transitional aid guarantee base for | 55529 |
| the current fiscal year. The amount of the transitional aid | 55530 |
| payment shall equal the difference between the district's SF-3 | 55531 |
| funding for the current fiscal year and its transitional aid | 55532 |
| guarantee base for the current fiscal year. | 55533 |
| (B)(1) Subject to divisions (B)(3) and (4) of this section, | 55534 |
| the transitional aid guarantee base for each city, local, and | 55535 |
| exempted village school district for fiscal year 2008 equals the | 55536 |
| sum of the following as computed for fiscal year 2007, as | 55537 |
| determined based on the final reconciliation of data by the | 55538 |
| Department: | 55539 |
| (a) Base-cost funding under division (A) of section 3317.022 | 55540 |
| of the Revised Code; | 55541 |
| (b) Special education and related services additional | 55542 |
| weighted funding under division (C)(1) of section 3317.022 of the | 55543 |
| Revised Code; | 55544 |
| (c) Speech services funding under division (C)(4) of section | 55545 |
| 3317.022 of the Revised Code; | 55546 |
| (d) Vocational education additional weighted funding under | 55547 |
| division (E) of section 3317.022 of the Revised Code; | 55548 |
| (e) GRADS funding under division (N) of section 3317.024 of | 55549 |
| the Revised Code; | 55550 |
| (f) Adjustments for classroom teachers and educational | 55551 |
| service personnel under divisions (B), (C), and (D) of section | 55552 |
| 3317.023 of the Revised Code; | 55553 |
| (g) Poverty-Based Assistance under section 3317.029 of the | 55554 |
| Revised Code; | 55555 |
| (h) Gifted education units under division (L) of section | 55556 |
| 3317.024 and section 3317.05 of the Revised Code; | 55557 |
| (i) Transportation under Section 206.09.21 of Am. Sub. H.B. | 55558 |
| 66 of the 126th General Assembly, as subsequently amended; | 55559 |
| (j) The excess cost supplement under division (F) of section | 55560 |
| 3317.022 of the Revised Code; | 55561 |
| (k) Parity aid under section 3317.0217 of the Revised Code; | 55562 |
| (l) The reappraisal guarantee under division (C) of section | 55563 |
| 3317.04 of the Revised Code; | 55564 |
| (m) The charge-off supplement under section 3317.0216 of the | 55565 |
| Revised Code; | 55566 |
| (n) Transitional aid under Section 206.09.39 of Am. Sub. H.B. | 55567 |
| 66 of the 126th General Assembly, as subsequently amended. | 55568 |
| (2) Subject to divisions (B)(3) and (4) of this section, the | 55569 |
| transitional aid guarantee base for each city, local, and exempted | 55570 |
| village school district for fiscal year 2009 equals the sum of the | 55571 |
| following as computed for fiscal year 2008, as determined based on | 55572 |
| the final reconciliation of data by the Department: | 55573 |
| (a) Base-cost funding under division (A) of section 3317.022 | 55574 |
| of the Revised Code; | 55575 |
| (b) Special education and related services additional | 55576 |
| weighted funding under division (C)(1) of section 3317.022 of the | 55577 |
| Revised Code; | 55578 |
| (c) Speech services funding under division (C)(4) of section | 55579 |
| 3317.022 of the Revised Code; | 55580 |
| (d) Vocational education additional weighted funding under | 55581 |
| division (E) of section 3317.022 of the Revised Code; | 55582 |
| (e) GRADS funding under division (N) of section 3317.024 of | 55583 |
| the Revised Code; | 55584 |
| (f) Adjustments for classroom teachers and educational | 55585 |
| service personnel under divisions (B), (C), and (D) of section | 55586 |
| 3317.023 of the Revised Code; | 55587 |
| (g) Gifted education units under division (L) of section | 55588 |
| 3317.024 and section 3317.05 of the Revised Code; | 55589 |
| (h) Transportation under the section of this act entitled | 55590 |
| "PUPIL TRANSPORTATION"; | 55591 |
| (i) The excess cost supplement under division (F) of section | 55592 |
| 3317.022 of the Revised Code; | 55593 |
| (j) The charge-off supplement under section 3317.0216 of the | 55594 |
| Revised Code; | 55595 |
| (k) Transitional aid under this section. | 55596 |
| (3) The SF-3 funding for each fiscal year for each district | 55597 |
| is the sum of the amounts specified in divisions (B)(2)(a) to (k) | 55598 |
| of this section less any general revenue fund spending reductions | 55599 |
| ordered by the Governor under section 126.05 of the Revised Code. | 55600 |
| (4) Notwithstanding divisions (B)(1) and (2) of this section, | 55601 |
| if the Superintendent of Public Instruction determines that the | 55602 |
| transitional aid guarantee base for a given fiscal year reflects | 55603 |
| an error in formula ADM, the Superintendent may consult with the | 55604 |
| Director of Budget and Management, and then adjust the | 55605 |
| transitional aid guarantee base for that fiscal year. | 55606 |
| Section 269.30.90. TRANSITIONAL AID FOR JOINT VOCATIONAL | 55607 |
| SCHOOL DISTRICTS | 55608 |
| (A) The Department of Education shall distribute funds within | 55609 |
| appropriation item 200-550, Foundation Funding, for transitional | 55610 |
| aid in each fiscal year to each joint vocational school district | 55611 |
| that experiences a decrease in its joint vocational funding for | 55612 |
| the current fiscal year from the previous fiscal year. The | 55613 |
| Department shall distribute to each such district transitional aid | 55614 |
| in an amount equal to the decrease in the district's joint | 55615 |
| vocational funding from the previous fiscal year. | 55616 |
| (B)(1) Subject to divisions (B)(2) and (3) of this section, a | 55617 |
| district's joint vocational funding equals the sum of the | 55618 |
| following: | 55619 |
| (a) Base-cost funding under division (B) of section 3317.16 | 55620 |
| of the Revised Code; | 55621 |
| (b) Special education and related services additional | 55622 |
| weighted funding under division (D)(1) of section 3317.16 of the | 55623 |
| Revised Code; | 55624 |
| (c) Speech services funding under division (D)(2) of section | 55625 |
| 3317.16 of the Revised Code; | 55626 |
| (d) Vocational education additional weighted funding under | 55627 |
| division (C) of section 3317.16 of the Revised Code; | 55628 |
| (e) GRADS funding under division (N) of section 3317.024 of | 55629 |
| the Revised Code. | 55630 |
| (2) For purposes of calculating transitional aid for fiscal | 55631 |
| year 2008, a district's fiscal year 2007 joint vocational funding | 55632 |
| is the sum of the amounts described in divisions (B)(1)(a) to (e) | 55633 |
| of this section, plus any transitional aid paid to the district | 55634 |
| under Section 206.09.42 of Am. Sub. H.B. 66 of the 126th General | 55635 |
| Assembly, as subsequently amended, that the district actually | 55636 |
| received for fiscal year 2007, as determined based on the final | 55637 |
| reconciliation of data by the Department. For purposes of | 55638 |
| calculating transitional aid for fiscal year 2009, a district's | 55639 |
| fiscal year 2008 joint vocational funding is the sum of the | 55640 |
| amounts described in divisions (B)(1)(a) to (e) of this section, | 55641 |
| plus any transitional aid paid to the district under this section, | 55642 |
| that the district actually received for fiscal year 2008, as | 55643 |
| determined based on the final reconciliation of data by the | 55644 |
| Department. | 55645 |
| (3) The joint vocational funding for each fiscal year for | 55646 |
| each district is the sum of the amounts specified in divisions | 55647 |
| (B)(1)(a) to (e) and (B)(2) of this section less any general | 55648 |
| revenue fund spending reductions ordered by the Governor under | 55649 |
| section 126.05 of the Revised Code. | 55650 |
| Section 269.40.10. LITERACY IMPROVEMENT-CLASSROOM GRANTS | 55651 |
| The foregoing appropriation item 200-566, Literacy | 55652 |
| Improvement-Classroom Grants, shall be disbursed by the Department | 55653 |
| of Education to provide reading improvement grants to public | 55654 |
| schools in city, local, and exempted village school districts; | 55655 |
| community schools; and educational service centers serving | 55656 |
| kindergarten through twelfth grade students to help struggling | 55657 |
| students improve their reading skills, improve reading outcomes in | 55658 |
| low-performing schools, and help close achievement gaps. | 55659 |
| VIOLENCE PREVENTION AND SCHOOL SAFETY | 55660 |
| Of the foregoing appropriation item 200-578, Violence | 55661 |
| Prevention and School Safety, up to $224,250 in each fiscal year | 55662 |
| shall be used to fund a safe school center to provide resources | 55663 |
| for parents and for school and law enforcement personnel. | 55664 |
| The remainder of the appropriation shall be distributed based | 55665 |
| on guidelines developed by the Department of Education to enhance | 55666 |
| school safety. The guidelines shall provide a list of | 55667 |
| research-based best practices and programs from which local | 55668 |
| grantees shall select based on local needs. These practices shall | 55669 |
| include, but not be limited to, school resource officers and safe | 55670 |
| and drug free school coordinators and social-emotional development | 55671 |
| programs. | 55672 |
| Section 269.40.20. PROPERTY TAX ALLOCATION - EDUCATION | 55673 |
| The Superintendent of Public Instruction shall not request, | 55674 |
| and the Controlling Board shall not approve, the transfer of funds | 55675 |
| from appropriation item 200-901, Property Tax Allocation - | 55676 |
| Education, to any other appropriation item. | 55677 |
| The appropriation item 200-901, Property Tax Allocation - | 55678 |
| Education, is appropriated to pay for the state's costs incurred | 55679 |
| because of the homestead exemption and the property tax rollback. | 55680 |
| In cooperation with the Department of Taxation, the Department of | 55681 |
| Education shall distribute these funds directly to the appropriate | 55682 |
| school districts of the state, notwithstanding sections 321.24 and | 55683 |
| 323.156 of the Revised Code, which provide for payment of the | 55684 |
| homestead exemption and property tax rollback by the Tax | 55685 |
| Commissioner to the appropriate county treasurer and the | 55686 |
| subsequent redistribution of these funds to the appropriate local | 55687 |
| taxing districts by the county auditor. | 55688 |
| Appropriation item 200-906, Tangible Tax Exemption - | 55689 |
| Education, is appropriated to pay for the state's costs incurred | 55690 |
| because of the tangible personal property tax exemption required | 55691 |
| by division (C)(3) of section 5709.01 of the Revised Code. In | 55692 |
| cooperation with the Department of Taxation, the Department of | 55693 |
| Education shall distribute to each county treasurer the total | 55694 |
| amount appearing in the notification from the county treasurer | 55695 |
| under division (G) of section 321.24 of the Revised Code, for all | 55696 |
| school districts located in the county, notwithstanding section | 55697 |
| 321.24 of the Revised Code insofar as it provides for payment of | 55698 |
| the $10,000 tangible personal property tax exemption by the Tax | 55699 |
| Commissioner to the appropriate county treasurer for all local | 55700 |
| taxing districts located in the county. Pursuant to division (G) | 55701 |
| of section 321.24 of the Revised Code, the county auditor shall | 55702 |
| distribute the amount paid by the Department of Education among | 55703 |
| the appropriate school districts. | 55704 |
| Upon receipt of these amounts, each school district shall | 55705 |
| distribute the amount among the proper funds as if it had been | 55706 |
| paid as real or tangible personal property taxes. Payments for the | 55707 |
| costs of administration shall continue to be paid to the county | 55708 |
| treasurer and county auditor as provided for in sections 319.54, | 55709 |
| 321.26, and 323.156 of the Revised Code. | 55710 |
| Any sums, in addition to the amounts specifically | 55711 |
| appropriated in appropriation items 200-901, Property Tax | 55712 |
| Allocation - Education, for the homestead exemption and the | 55713 |
| property tax rollback payments, and 200-906, Tangible Tax | 55714 |
| Exemption - Education, for the $10,000 tangible personal property | 55715 |
| tax exemption payments, which are determined to be necessary for | 55716 |
| these purposes, are hereby appropriated. | 55717 |
| Section 269.40.30. TEACHER CERTIFICATION AND LICENSURE | 55718 |
| The foregoing appropriation item 200-681, Teacher | 55719 |
| Certification and Licensure, shall be used by the Department of | 55720 |
| Education in each year of the biennium to administer and support | 55721 |
| teacher certification and licensure activities. | 55722 |
| SCHOOL DISTRICT SOLVENCY ASSISTANCE | 55723 |
| Of the foregoing appropriation item 200-687, School District | 55724 |
| Solvency Assistance, $9,000,000 in each fiscal year shall be | 55725 |
| allocated to the School District Shared Resource Account and | 55726 |
| $9,000,000 in each fiscal year shall be allocated to the | 55727 |
| Catastrophic Expenditures Account. These funds shall be used to | 55728 |
| provide assistance and grants to school districts to enable them | 55729 |
| to remain solvent under section 3316.20 of the Revised Code. | 55730 |
| Assistance and grants shall be subject to approval by the | 55731 |
| Controlling Board. Any required reimbursements from school | 55732 |
| districts for solvency assistance shall be made to the appropriate | 55733 |
| account in the School District Solvency Assistance Fund (Fund | 55734 |
| 5H3). | 55735 |
| Notwithstanding any provision of law to the contrary, upon | 55736 |
| the request of the Superintendent of Public Instruction, the | 55737 |
| Director of Budget and Management may make transfers to the School | 55738 |
| District Solvency Assistance Fund (Fund 5H3) from any Department | 55739 |
| of Education-administered fund or the General Revenue Fund to | 55740 |
| maintain sufficient cash balances in the School District Solvency | 55741 |
| Assistance Fund (Fund 5H3) in fiscal years 2008 and 2009. Any | 55742 |
| funds transferred are hereby appropriated. The transferred funds | 55743 |
| may be used by the Department of Education to provide assistance | 55744 |
| and grants to school districts to enable them to remain solvent | 55745 |
| and to pay unforeseeable expenses of a temporary or emergency | 55746 |
| nature that the school district is unable to pay from existing | 55747 |
| resources. The Director of Budget and Management shall notify the | 55748 |
| members of the Controlling Board of any such transfers. | 55749 |
| Section 269.40.40. READING FIRST | 55750 |
| The foregoing appropriation item 200-632, Reading First, | 55751 |
| shall be used by school districts to administer federal diagnostic | 55752 |
| tests as well as other functions permitted by federal statute. | 55753 |
| Notwithstanding section 3301.079 of the Revised Code, federal | 55754 |
| diagnostic tests may be recognized as meeting the state diagnostic | 55755 |
| testing requirements outlined in section 3301.079 of the Revised | 55756 |
| Code. | 55757 |
| IMPROVING TEACHER QUALITY | 55758 |
| For fiscal years 2008 and 2009, the Department of Education | 55759 |
| shall provide funding to the Ohio Wyami Appalachian Teacher | 55760 |
| Cohorts Program under the Columbiana County Educational Service | 55761 |
| Center to provide teacher professional development in Ohio's | 55762 |
| Appalachian counties. The program shall provide professional | 55763 |
| development that is based on a review of scientifically based | 55764 |
| research and is expected to improve student academic achievement | 55765 |
| as required by Title II of the "No Child Left Behind Act of 2001," | 55766 |
| 115 Stat. 1425, 20 U.S.C. 6612 et seq., for approximately eighty | 55767 |
| public and charter nonpublic teachers from Ohio's Appalachian | 55768 |
| counties each year. The Department of Education shall provide | 55769 |
| $900,000 in federal grant funds from the State Grants for | 55770 |
| Improving Teacher Quality Program to the Columbiana County | 55771 |
| Educational Service Center for this purpose. The Center shall not | 55772 |
| expend these funds outside of Ohio. | 55773 |
| HALF-MILL MAINTENANCE EQUALIZATION | 55774 |
| The foregoing appropriation item 200-626, Half-Mill | 55775 |
| Maintenance Equalization, shall be used to make payments pursuant | 55776 |
| to section 3318.18 of the Revised Code. | 55777 |
| Section 269.40.50. START-UP FUNDS | 55778 |
| Funds appropriated for the purpose of providing start-up | 55779 |
| grants to Title IV-A Head Start and Title IV-A Head Start Plus | 55780 |
| agencies in fiscal year 2004 and fiscal year 2005 for the | 55781 |
| provision of services to children eligible for Title IV-A services | 55782 |
| under the Title IV-A Head Start or Title IV-A Head Start Plus | 55783 |
| programs shall be reimbursed to the General Revenue Fund as | 55784 |
| follows: | 55785 |
| (A) If, for fiscal year 2008, an entity that was a Title IV-A | 55786 |
| Head Start or Title IV-A Head Start Plus agency will not be an | 55787 |
| early learning agency or early learning provider, the entity shall | 55788 |
| repay the entire amount of the start-up grant it received in | 55789 |
| fiscal year 2004 and fiscal year 2005 not later than June 30, | 55790 |
| 2009, in accordance with a payment schedule agreed to by the | 55791 |
| Department of Education. | 55792 |
| (B) If an entity that was a Title IV-A Head Start or Title | 55793 |
| IV-A Head Start Plus agency in fiscal year 2004 or fiscal year | 55794 |
| 2005 will be an early learning agency or early learning provider | 55795 |
| in fiscal year 2008 and fiscal year 2009, the entity shall be | 55796 |
| allowed to retain any amount of the start-up grant it received. | 55797 |
| (C) Within ninety days after the effective date of this | 55798 |
| section, the Title IV-A Head Start agencies, Title IV-A Head Start | 55799 |
| Plus agencies, and the Department of Education shall determine the | 55800 |
| repayment schedule for amounts owed under division (A) of this | 55801 |
| section. These amounts shall be paid to the state not later than | 55802 |
| June 30, 2009. | 55803 |
| (D) If an entity that was a Title IV-A Head Start or Title | 55804 |
| IV-A Head Start Plus agency in fiscal year 2004 or fiscal year | 55805 |
| 2005 owed the state any portion of the start-up grant amount | 55806 |
| during fiscal year 2006 or fiscal year 2007 but failed to repay | 55807 |
| the entire amount of the obligation by June 30, 2007, the entity | 55808 |
| shall be given an extension for repayment through June 30, 2009, | 55809 |
| before any amounts remaining due and payable to the state are | 55810 |
| referred to the Attorney General for collection under section | 55811 |
| 131.02 of the Revised Code. | 55812 |
| (E) Any Title IV-A Head Start or Title IV-A Head Start Plus | 55813 |
| start-up grants that are retained by early learning agencies or | 55814 |
| early learning providers pursuant to this section shall be | 55815 |
| reimbursed to the General Revenue Fund when the early learning | 55816 |
| program ceases or is no longer funded from Title IV-A or if an | 55817 |
| early learning agency's or early learning provider's participation | 55818 |
| in the early learning program ceases or is terminated. | 55819 |
| Section 269.40.60. AUXILIARY SERVICES REIMBURSEMENT | 55820 |
| Notwithstanding section 3317.064 of the Revised Code, if the | 55821 |
| unobligated cash balance is sufficient, the Treasurer of State | 55822 |
| shall transfer $1,500,000 in fiscal year 2008 within thirty days | 55823 |
| after the effective date of this section, and $1,500,000 in fiscal | 55824 |
| year 2009 by August 1, 2008, from the Auxiliary Services Personnel | 55825 |
| Unemployment Compensation Fund to the Department of Education's | 55826 |
| Auxiliary Services Reimbursement Fund (Fund 598). | 55827 |
| Section 269.40.70. LOTTERY PROFITS EDUCATION FUND | 55828 |
| Appropriation item 200-612, Foundation Funding (Fund 017), | 55829 |
| shall be used in conjunction with appropriation item 200-550, | 55830 |
| Foundation Funding (GRF), to provide payments to school districts | 55831 |
| under Chapter 3317. of the Revised Code. | 55832 |
| The Department of Education, with the approval of the | 55833 |
| Director of Budget and Management, shall determine the monthly | 55834 |
| distribution schedules of appropriation item 200-550, Foundation | 55835 |
| Funding (GRF), and appropriation item 200-612, Foundation Funding | 55836 |
| (Fund 017). If adjustments to the monthly distribution schedule | 55837 |
| are necessary, the Department of Education shall make such | 55838 |
| adjustments with the approval of the Director of Budget and | 55839 |
| Management. | 55840 |
| The Director of Budget and Management shall transfer via | 55841 |
| intrastate transfer voucher the amount appropriated under the | 55842 |
| Lottery Profits Education Fund for appropriation item 200-682, | 55843 |
| Lease Rental Payment Reimbursement, to the General Revenue Fund on | 55844 |
| a schedule determined by the director. These funds shall support | 55845 |
| the appropriation item 230-428, Lease Rental Payments (GRF), of | 55846 |
| the School Facilities Commission. | 55847 |
| Section 269.40.80. LOTTERY PROFITS EDUCATION RESERVE FUND | 55848 |
| (A) There is hereby created the Lottery Profits Education | 55849 |
| Reserve Fund (Fund 018) in the State Treasury. Investment earnings | 55850 |
| of the Lottery Profits Education Reserve Fund shall be credited to | 55851 |
| the fund. The Superintendent of Public Instruction may certify | 55852 |
| cash balances exceeding $75,000,000 in the Lottery Profits | 55853 |
| Education Reserve Fund (Fund 018) to the Director of Budget and | 55854 |
| Management in June of any given fiscal year. Prior to making the | 55855 |
| certification, the Superintendent of Public Instruction shall | 55856 |
| determine whether the funds above the $75,000,000 threshold are | 55857 |
| needed to help pay for foundation program obligations for that | 55858 |
| fiscal year under Chapter 3317. of the Revised Code. If those | 55859 |
| funds are needed for the foundation program, the Superintendent of | 55860 |
| Public Instruction shall notify and consult with the Director of | 55861 |
| Budget and Management to determine the amount that may be | 55862 |
| transferred to the Public School Building Fund (Fund 021). Upon | 55863 |
| this determination, the Director of Budget and Management shall | 55864 |
| transfer the amount from the Lottery Profits Education Reserve | 55865 |
| Fund (Fund 018) to the Public School Building Fund (Fund 021). The | 55866 |
| amount transferred is hereby appropriated to appropriation item | 55867 |
| CAP-622, Public School Buildings. | 55868 |
| For fiscal years 2008 and 2009, notwithstanding any | 55869 |
| provisions of law to the contrary, amounts necessary to make loans | 55870 |
| authorized by sections 3317.0210, 3317.0211, and 3317.62 of the | 55871 |
| Revised Code are hereby appropriated to the Lottery Profits | 55872 |
| Education Reserve Fund (Fund 018). Loan repayments from loans made | 55873 |
| in previous years shall be deposited to the fund. | 55874 |
| (B) On July 15, 2007, or as soon as possible thereafter, the | 55875 |
| Director of the Ohio Lottery Commission shall certify to the | 55876 |
| Director of Budget and Management the amount by which lottery | 55877 |
| profit transfers received by the Lottery Profits Education Fund | 55878 |
| (Fund 017) exceeded $637,900,000 in fiscal year 2007. The | 55879 |
| Director of Budget and Management shall transfer the amount so | 55880 |
| certified, plus the cash balance in Fund 017, to the General | 55881 |
| Revenue Fund to support appropriation item 200-550, Foundation | 55882 |
| Funding. | 55883 |
| (C) On July 15, 2008, or as soon as possible thereafter, the | 55884 |
| Director of the Ohio Lottery Commission shall certify to the | 55885 |
| Director of Budget and Management the amount by which lottery | 55886 |
| profit transfers received by the Lottery Profits Education Fund | 55887 |
| (Fund 017) exceeded $657,900,000 in fiscal year 2008. The Director | 55888 |
| of Budget and Management may transfer the amount so certified, | 55889 |
| plus the cash balance in Fund 017, to the Lottery Profits | 55890 |
| Education Reserve Fund (Fund 018) or to the General Revenue Fund | 55891 |
| to support appropriation item 200-550, Foundation Funding. | 55892 |
| (D) Any amounts transferred under division (B) or (C) of this | 55893 |
| section may be made available by the Controlling Board in fiscal | 55894 |
| years 2008 or 2009, at the request of the Superintendent of Public | 55895 |
| Instruction, to provide assistance and grants to school districts | 55896 |
| to enable them to remain solvent and to pay unforeseeable expenses | 55897 |
| of a temporary or emergency nature that they are unable to pay | 55898 |
| from existing resources under section 3316.20 of the Revised Code, | 55899 |
| and to provide payments to school districts under Chapter 3317. of | 55900 |
| the Revised Code. | 55901 |
| Section 269.40.90. GENERAL REVENUE FUND TRANSFERS TO SCHOOL | 55902 |
| DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 047) | 55903 |
| Notwithstanding any provision of law to the contrary, in | 55904 |
| fiscal year 2008 and fiscal year 2009 the Director of Budget and | 55905 |
| Management may make temporary transfers between the General | 55906 |
| Revenue Fund and the School District Property Tax Replacement – | 55907 |
| Business Fund (Fund 047) in the Department of Education to ensure | 55908 |
| sufficient balances in the School District Property Tax | 55909 |
| Replacement - Business Fund (Fund 047) and to replenish the | 55910 |
| General Revenue Fund for such transfers. | 55911 |
| Section 269.50.10. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - | 55912 |
| BUSINESS | 55913 |
| The foregoing appropriation item, 200-909, School District | 55914 |
| Property Tax Replacement – Business, in Fund 047, shall be used by | 55915 |
| the Department of Education, in consultation with the Department | 55916 |
| of Taxation, to make payments to school districts and joint | 55917 |
| vocational school districts under section 5751.21 of the Revised | 55918 |
| Code. If it is determined by the Director of Budget and Management | 55919 |
| that additional appropriations are necessary for this purpose, | 55920 |
| such amounts are hereby appropriated. | 55921 |
| SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY | 55922 |
| The foregoing appropriation item 200-900, School District | 55923 |
| Property Tax Replacement-Utility, in Fund 053, shall be used by | 55924 |
| the Department of Education, in consultation with the Department | 55925 |
| of Taxation, to make payments to school districts and joint | 55926 |
| vocational school districts under section 5727.85 of the Revised | 55927 |
| Code. | 55928 |
| * Section 269.50.20. DISTRIBUTION FORMULAS | 55929 |
| The Department of Education shall report the following to the | 55930 |
| Director of Budget and Management and the Legislative Service | 55931 |
| Commission: | 55932 |
| (A) Changes in formulas for distributing state | 55933 |
| appropriations, including administratively defined formula | 55934 |
| factors; | 55935 |
| (B) Discretionary changes in formulas for distributing | 55936 |
| federal appropriations; | 55937 |
| (C) Federally mandated changes in formulas for distributing | 55938 |
| federal appropriations. | 55939 |
| Any such changes shall be reported two weeks prior to the | 55940 |
| effective date of the change. | 55941 |
| Section 269.50.30. EDUCATIONAL SERVICE CENTERS FUNDING | 55942 |
| (A) As used in this section: | 55943 |
| (1) "Internet- or computer-based community school" has the | 55944 |
| same meaning as in section 3314.02 of the Revised Code. | 55945 |
| (2) "Service center ADM" has the same meaning as in section | 55946 |
| 3317.11 of the Revised Code. | 55947 |
| (B) Notwithstanding division (F) of section 3317.11 of the | 55948 |
| Revised Code, no funds shall be provided under that division to an | 55949 |
| educational service center in either fiscal year for any pupils of | 55950 |
| a city or exempted village school district unless an agreement to | 55951 |
| provide services under section 3313.843 of the Revised Code was | 55952 |
| entered into by January 1, 1997, except that funds shall be | 55953 |
| provided to an educational service center for any pupils of a city | 55954 |
| school district if the agreement to provide services was entered | 55955 |
| into within one year of the date upon which such district changed | 55956 |
| from a local school district to a city school district. | 55957 |
| (C) Notwithstanding any provision of the Revised Code to the | 55958 |
| contrary, an educational service center that sponsors a community | 55959 |
| school under Chapter 3314. of the Revised Code in either fiscal | 55960 |
| year may include the students of that community school in its | 55961 |
| service center ADM for purposes of state funding under division | 55962 |
| (F) of section 3317.11 of the Revised Code, unless the community | 55963 |
| school is an Internet- or computer-based community school. A | 55964 |
| service center shall include the community school students in its | 55965 |
| service center ADM only to the extent that the students are not | 55966 |
| already so included, and only in accordance with guidelines issued | 55967 |
| by the Department of Education. If the students of a community | 55968 |
| school sponsored by an educational service center are included in | 55969 |
| the service center ADM of another educational service center, | 55970 |
| those students shall be removed from the service center ADM of the | 55971 |
| other educational service center and added to the service center | 55972 |
| ADM of the community school's sponsoring service center. The | 55973 |
| General Assembly authorizes this procedure as an incentive for | 55974 |
| educational service centers to take over sponsorship of community | 55975 |
| schools from the State Board of Education as the State Board's | 55976 |
| sponsorship is phased out in accordance with Sub. H.B. 364 of the | 55977 |
| 124th General Assembly. No student of an Internet- or | 55978 |
| computer-based community school shall be counted in the service | 55979 |
| center ADM of any educational service center. The Department shall | 55980 |
| pay educational service centers under division (F) of section | 55981 |
| 3317.11 of the Revised Code for community school students included | 55982 |
| in their service center ADMs under this division only if | 55983 |
| sufficient funds earmarked within appropriation item 200-550, | 55984 |
| Foundation Funding, for payments under that division remain after | 55985 |
| first paying for students attributable to their local and client | 55986 |
| school districts, in accordance with divisions (B) and (D) of this | 55987 |
| section. | 55988 |
| (D) If insufficient funds are earmarked within appropriation | 55989 |
| item 200-550, Foundation Funding, for payments under division (F) | 55990 |
| of section 3317.11 of the Revised Code and division (C) of this | 55991 |
| section in fiscal year 2008 or fiscal year 2009, the Department | 55992 |
| shall prioritize the distribution of the earmarked funds as | 55993 |
| follows: | 55994 |
| (1) The Department shall first distribute to each educational | 55995 |
| service center the per-student amount specified in division (F) of | 55996 |
| section 3317.11 of the Revised Code for each student in its | 55997 |
| service center ADM attributable to the local school districts | 55998 |
| within the service center's territory. | 55999 |
| (2) The Department shall distribute the remaining funds in | 56000 |
| each fiscal year to each educational service center for the | 56001 |
| students in its service center ADM attributable to each city and | 56002 |
| exempted village school district that had entered into an | 56003 |
| agreement with an educational service center for that fiscal year | 56004 |
| under section 3313.843 of the Revised Code by January 1, 1997, up | 56005 |
| to the per-student amount specified in division (F) of section | 56006 |
| 3317.11 of the Revised Code. If insufficient funds remain to pay | 56007 |
| each service center the full amount specified in division (F) of | 56008 |
| that section for each such student, the Department shall | 56009 |
| distribute the remaining funds to each service center | 56010 |
| proportionally, on a per-student basis for each such student, | 56011 |
| unless that proportional per-student amount exceeds the amount | 56012 |
| specified in division (F)(1) of that section. In that case, the | 56013 |
| Department shall distribute the per-student amount specified in | 56014 |
| division (F)(1) of that section to each service center for each | 56015 |
| such student and shall distribute the remainder proportionally, on | 56016 |
| a per-student basis for each such student, to the multi-county | 56017 |
| service centers described in division (F)(2) of that section. | 56018 |
| (3) If the Department has paid each service center under | 56019 |
| divisions (D)(1) and (2) of this section, the full amount | 56020 |
| specified in division (F) of section 3317.11 of the Revised Code | 56021 |
| for each student attributable to its local school districts and | 56022 |
| its client school districts described in division (D)(2) of this | 56023 |
| section the Department shall distribute any remaining funds | 56024 |
| proportionally, on a per-student basis, to each service center | 56025 |
| that sponsors a community school, other than an Internet- or | 56026 |
| computer-based community school, for the students included in the | 56027 |
| service center ADM under division (C) of this section. These | 56028 |
| payments shall not exceed per student the amount specified in | 56029 |
| division (F) of section 3317.11 of the Revised Code. | 56030 |
| * Section 269.50.40. For the school year commencing July 1, | 56031 |
| 2007, or the school year commencing July 1, 2008, or both, the | 56032 |
| Superintendent of Public Instruction may waive for the board of | 56033 |
| education of any school district the ratio of teachers to pupils | 56034 |
| in kindergarten through fourth grade required under paragraph | 56035 |
| (A)(3) of rule 3301-35-05 of the Administrative Code if the | 56036 |
| following conditions apply: | 56037 |
| (A) The board of education requests the waiver. | 56038 |
| (B) After the Department of Education conducts an on-site | 56039 |
| evaluation of the district related to meeting the required ratio, | 56040 |
| the board of education demonstrates to the satisfaction of the | 56041 |
| Superintendent of Public Instruction that providing the facilities | 56042 |
| necessary to meet the required ratio during the district's regular | 56043 |
| school hours with pupils in attendance would impose an extreme | 56044 |
| hardship on the district. | 56045 |
| (C) The board of education provides assurances that are | 56046 |
| satisfactory to the Superintendent of Public Instruction that the | 56047 |
| board will act in good faith to meet the required ratio as soon as | 56048 |
| possible. | 56049 |
| Section 269.50.50. PRIVATE TREATMENT FACILITY PROJECT | 56050 |
| (A) As used in this section: | 56051 |
| (1) The following are "participating residential treatment | 56052 |
| centers": | 56053 |
| (a) Private residential treatment facilities that have | 56054 |
| entered into a contract with the Department of Youth Services to | 56055 |
| provide services to children placed at the facility by the | 56056 |
| Department and which, in fiscal year 2008 or fiscal year 2009 or | 56057 |
| both, the Department pays through appropriation item 470-401, Care | 56058 |
| and Custody; | 56059 |
| (b) Abraxas, in Shelby; | 56060 |
| (c) Paint Creek, in Bainbridge; | 56061 |
| (d) Act One, in Akron; | 56062 |
| (e) Friars Club, in Cincinnati. | 56063 |
| (2) "Education program" means an elementary or secondary | 56064 |
| education program or a special education program and related | 56065 |
| services. | 56066 |
| (3) "Served child" means any child receiving an education | 56067 |
| program pursuant to division (B) of this section. | 56068 |
| (4) "School district responsible for tuition" means a city, | 56069 |
| exempted village, or local school district that, if tuition | 56070 |
| payment for a child by a school district is required under law | 56071 |
| that existed in fiscal year 1998, is the school district required | 56072 |
| to pay that tuition. | 56073 |
| (5) "Residential child" means a child who resides in a | 56074 |
| participating residential treatment center and who is receiving an | 56075 |
| educational program under division (B) of this section. | 56076 |
| (B) A youth who is a resident of the state and has been | 56077 |
| assigned by a juvenile court or other authorized agency to a | 56078 |
| residential treatment facility specified in division (A) of this | 56079 |
| section shall be enrolled in an approved educational program | 56080 |
| located in or near the facility. Approval of the educational | 56081 |
| program shall be contingent upon compliance with the criteria | 56082 |
| established for such programs by the Department of Education. The | 56083 |
| educational program shall be provided by a school district or | 56084 |
| educational service center, or by the residential facility itself. | 56085 |
| Maximum flexibility shall be given to the residential treatment | 56086 |
| facility to determine the provider. In the event that a voluntary | 56087 |
| agreement cannot be reached and the residential facility does not | 56088 |
| choose to provide the educational program, the educational service | 56089 |
| center in the county in which the facility is located shall | 56090 |
| provide the educational program at the treatment center to | 56091 |
| children under twenty-two years of age residing in the treatment | 56092 |
| center. | 56093 |
| (C) Any school district responsible for tuition for a | 56094 |
| residential child shall, notwithstanding any conflicting provision | 56095 |
| of the Revised Code regarding tuition payment, pay tuition for the | 56096 |
| child for fiscal year 2008 and fiscal year 2009 to the education | 56097 |
| program provider and in the amount specified in this division. If | 56098 |
| there is no school district responsible for tuition for a | 56099 |
| residential child and if the participating residential treatment | 56100 |
| center to which the child is assigned is located in the city, | 56101 |
| exempted village, or local school district that, if the child were | 56102 |
| not a resident of that treatment center, would be the school | 56103 |
| district where the child is entitled to attend school under | 56104 |
| sections 3313.64 and 3313.65 of the Revised Code, that school | 56105 |
| district, notwithstanding any conflicting provision of the Revised | 56106 |
| Code, shall pay tuition for the child for fiscal year 2008 and | 56107 |
| fiscal year 2009 under this division unless that school district | 56108 |
| is providing the educational program to the child under division | 56109 |
| (B) of this section. | 56110 |
| A tuition payment under this division shall be made to the | 56111 |
| school district, educational service center, or residential | 56112 |
| treatment facility providing the educational program to the child. | 56113 |
| The amount of tuition paid shall be: | 56114 |
| (1) The amount of tuition determined for the district under | 56115 |
| division (A) of section 3317.08 of the Revised Code; | 56116 |
| (2) In addition, for any student receiving special education | 56117 |
| pursuant to an individualized education program as defined in | 56118 |
| section 3323.01 of the Revised Code, a payment for excess costs. | 56119 |
| This payment shall equal the actual cost to the school district, | 56120 |
| educational service center, or residential treatment facility of | 56121 |
| providing special education and related services to the student | 56122 |
| pursuant to the student's individualized education program, minus | 56123 |
| the tuition paid for the child under division (C)(1) of this | 56124 |
| section. | 56125 |
| A school district paying tuition under this division shall | 56126 |
| not include the child for whom tuition is paid in the district's | 56127 |
| average daily membership certified under division (A) of section | 56128 |
| 3317.03 of the Revised Code. | 56129 |
| (D) In each of fiscal years 2008 and 2009, the Department of | 56130 |
| Education shall reimburse, from appropriations made for the | 56131 |
| purpose, a school district, educational service center, or | 56132 |
| residential treatment facility, whichever is providing the | 56133 |
| service, that has demonstrated that it is in compliance with the | 56134 |
| funding criteria for each served child for whom a school district | 56135 |
| must pay tuition under division (C) of this section. The amount of | 56136 |
| the reimbursement shall be the formula amount specified in section | 56137 |
| 3317.022 of the Revised Code, except that the department shall | 56138 |
| proportionately reduce this reimbursement if sufficient funds are | 56139 |
| not available to pay this amount to all qualified providers. | 56140 |
| (E) Funds provided to a school district, educational service | 56141 |
| center, or residential treatment facility under this section shall | 56142 |
| be used to supplement, not supplant, funds from other public | 56143 |
| sources for which the school district, service center, or | 56144 |
| residential treatment facility is entitled or eligible. | 56145 |
| (F) The Department of Education shall track the utilization | 56146 |
| of funds provided to school districts, educational service | 56147 |
| centers, and residential treatment facilities under this section | 56148 |
| and monitor the effect of the funding on the educational programs | 56149 |
| they provide in participating residential treatment facilities. | 56150 |
| The department shall monitor the programs for educational | 56151 |
| accountability. | 56152 |
| Section 269.50.60. SCHOOL DISTRICT PARTICIPATION IN NATIONAL | 56153 |
| ASSESSMENT OF EDUCATION PROGRESS | 56154 |
| The General Assembly intends for the Superintendent of Public | 56155 |
| Instruction to provide for school district participation in the | 56156 |
| administration of the National Assessment of Education Progress in | 56157 |
| accordance with section 3301.27 of the Revised Code. Each school | 56158 |
| and school district selected for participation by the | 56159 |
| Superintendent of Public Instruction shall participate. | 56160 |
| Section 269.50.70. DEPARTMENT OF EDUCATION APPROPRIATION | 56161 |
| TRANSFERS FOR STUDENT ASSESSMENT | 56162 |
| In fiscal year 2008 and fiscal year 2009, if the | 56163 |
| Superintendent of Public Instruction determines that additional | 56164 |
| funds are needed to fully fund the requirements of Am. Sub. H.B. 3 | 56165 |
| of the 125th General Assembly and this act for assessments of | 56166 |
| student performance, the Superintendent of Public Instruction may | 56167 |
| recommend the reallocation of unspent and unencumbered | 56168 |
| appropriations within the Department of Education to the General | 56169 |
| Revenue Fund appropriation item 200-437, Student Assessment, to | 56170 |
| the Director of Budget and Management. If the Director of Budget | 56171 |
| and Management determines that such a reallocation is required, | 56172 |
| the Director of Budget and Management may transfer unspent and | 56173 |
| unencumbered funds within the Department of Education as necessary | 56174 |
| to appropriation item 200-437, Student Assessment. If these | 56175 |
| unspent and unencumbered funds are not sufficient to fully fund | 56176 |
| the assessment requirements in fiscal year 2008 or fiscal year | 56177 |
| 2009, the Superintendent of Public Instruction may request that | 56178 |
| the Controlling Board transfer up to $9,000,000 cash from the | 56179 |
| Lottery Profits Education Reserve Fund (Fund 018) to the General | 56180 |
| Revenue Fund and appropriate these transferred funds to | 56181 |
| appropriation item 200-437, Student Assessment. | 56182 |
| Section 269.50.80. (A) As used in this section: | 56183 |
| (1) "IEP" has the same meaning as in section 3314.08 of the | 56184 |
| Revised Code. | 56185 |
| (2) "SBH student" means a student receiving special education | 56186 |
| and related services for severe behavior handicap conditions | 56187 |
| pursuant to an IEP. | 56188 |
| (B) This section applies only to a community school | 56189 |
| established under Chapter 3314. of the Revised Code that in each | 56190 |
| of fiscal years 2008 and 2009 enrolls a number of SBH students | 56191 |
| equal to at least fifty per cent of the total number of students | 56192 |
| enrolled in the school in the applicable fiscal year. | 56193 |
| (C) In addition to any payments made under section 3314.08 of | 56194 |
| the Revised Code, in each of fiscal years 2008 and 2009, the | 56195 |
| Department of Education shall pay to a community school to which | 56196 |
| this section applies a subsidy equal to the difference between the | 56197 |
| aggregate amount calculated and paid in that fiscal year to the | 56198 |
| community school for special education and related services | 56199 |
| additional weighted costs for the SBH students enrolled in the | 56200 |
| school and the aggregate amount that would have been calculated | 56201 |
| for the school for special education and related services | 56202 |
| additional weighted costs for those same students in fiscal year | 56203 |
| 2001. If the difference is a negative number, the amount of the | 56204 |
| subsidy shall be zero. | 56205 |
| (D) The amount of any subsidy paid to a community school | 56206 |
| under this section shall not be deducted from the school district | 56207 |
| in which any of the students enrolled in the community school are | 56208 |
| entitled to attend school under section 3313.64 or 3313.65 of the | 56209 |
| Revised Code. The amount of any subsidy paid to a community school | 56210 |
| under this section shall be paid from funds appropriated to the | 56211 |
| Department of Education in appropriation item 200-550, Foundation | 56212 |
| Funding. | 56213 |
| Section 269.50.90. EARMARK ACCOUNTABILITY | 56214 |
| At the request of the Superintendent of Public Instruction, | 56215 |
| any entity that receives a budget earmark under the Department of | 56216 |
| Education shall submit annually to the chairpersons of the | 56217 |
| committees of the House of Representatives and the Senate | 56218 |
| primarily concerned with education and to the Department of | 56219 |
| Education a report that includes a description of the services | 56220 |
| supported by the funds, a description of the results achieved by | 56221 |
| those services, an analysis of the effectiveness of the program, | 56222 |
| and an opinion as to the program's applicability to other school | 56223 |
| districts. For an earmarked entity that received state funds from | 56224 |
| an earmark in the prior fiscal year, no funds shall be provided by | 56225 |
| the Department of Education to an earmarked entity for a fiscal | 56226 |
| year until its report for the prior fiscal year has been | 56227 |
| submitted. | 56228 |
| Section 269.60.10. No community school established under | 56229 |
| Chapter 3314. of the Revised Code that was not open for operation | 56230 |
| as of May 1, 2005, shall operate from a home, as defined in | 56231 |
| section 3313.64 of the Revised Code. | 56232 |
| Section 269.60.30. PLAN TO MOVE ADULT EDUCATION PROGRAMS TO | 56233 |
| BOARD OF REGENTS | 56234 |
| The Department of Education shall work collaboratively with | 56235 |
| the Board of Regents to identify adult and career-technical | 56236 |
| education programs, except for adult basic and literacy education | 56237 |
| programs, that shall be transferred to the Board of Regents by | 56238 |
| July 1, 2008. The purpose of this programmatic transfer is to | 56239 |
| better align and maximize the strength and flexibility of the full | 56240 |
| array of Ohio adult workforce education assets to improve the | 56241 |
| overall quality of adult education and training program course and | 56242 |
| training offerings in order to increase the skills and improve the | 56243 |
| employment prospects of adults. | 56244 |
| On or after July 1, 2008, notwithstanding any provision of | 56245 |
| law to the contrary, the Director of Budget and Management may | 56246 |
| take the actions described in this section made necessary by the | 56247 |
| movement of adult education and career programs from the | 56248 |
| Department of Education to the Board of Regents. These actions may | 56249 |
| include budget changes made necessary by administrative | 56250 |
| reorganization, program transfers, the creation of new funds, the | 56251 |
| creation of new appropriation items, and the consolidation of | 56252 |
| funds. The Director may transfer cash balances between funds as | 56253 |
| needed. At the request of the Director, the Superintendent of | 56254 |
| Public Instruction shall certify to the Director an estimate of | 56255 |
| the amount of the cash balance to be transferred to the receiving | 56256 |
| fund. The Director may transfer the estimated amount to the Board | 56257 |
| of Regents when needed to make payments. Not more than thirty days | 56258 |
| after certifying the estimated amount, the Superintendent of | 56259 |
| Public Instruction shall certify the final amount to the Director. | 56260 |
| The Director then shall transfer the difference between any amount | 56261 |
| previously transferred and the certified final amount. The | 56262 |
| Director may cancel encumbrances and re-establish encumbrances or | 56263 |
| parts of encumbrances as needed in the appropriate fund and | 56264 |
| appropriation item for the same purpose and to the same vendor. | 56265 |
| The funds necessary to re-establish those encumbrances in a | 56266 |
| different fund or appropriation item within or between the Board | 56267 |
| of Regents and the Department of Education are hereby | 56268 |
| appropriated. The Director shall reduce each year's appropriation | 56269 |
| balances by the amount of the encumbrances canceled in their | 56270 |
| respective funds and appropriation items. Any fiscal year 2008 | 56271 |
| unencumbered or unallocated appropriation balances may be | 56272 |
| transferred to the appropriate item to be used for the same | 56273 |
| purposes, as determined by the Director. | 56274 |
| Adult basic and literacy programs shall remain under the | 56275 |
| Department of Education. | 56276 |
| Section 269.60.40. SPECIAL EDUCATION SCHOLARSHIP PILOT | 56277 |
| PROGRAM | 56278 |
| The State Board of Education shall initiate rulemaking | 56279 |
| procedures for the rules required under section 3310.63 of the | 56280 |
| Revised Code, as enacted by this act, so that those rules are in | 56281 |
| effect and the Special Education Scholarship Pilot Program is in | 56282 |
| operation by July 1, 2007. | 56283 |
| The Department of Education shall conduct a formative | 56284 |
| evaluation of the Special Education Scholarship Pilot Program | 56285 |
| established under sections 3310.51 to 3310.63 of the Revised Code, | 56286 |
| using both quantitative and qualitative analyses, and shall report | 56287 |
| its findings to the General Assembly not later than December 31, | 56288 |
| 2009. In conducting the evaluation, the Department shall to the | 56289 |
| extent possible gather comments from parents who have been awarded | 56290 |
| scholarships under the program, school district officials, | 56291 |
| representatives of registered private providers, educators, and | 56292 |
| representatives of educational organizations for inclusion in the | 56293 |
| report required under this section. | 56294 |
| Section 269.60.60. UNAUDITABLE COMMUNITY SCHOOL | 56295 |
| (A) If the Auditor of State or a public accountant, pursuant | 56296 |
| to section 117.41 of the Revised Code, declares a community school | 56297 |
| established under Chapter 3314. of the Revised Code to be | 56298 |
| unauditable, the Auditor of State shall provide written | 56299 |
| notification of that declaration to the school, the school's | 56300 |
| sponsor, and the Department of Education. The Auditor of State | 56301 |
| also shall post the notification on the Auditor of State's web | 56302 |
| site. | 56303 |
| (B) Notwithstanding any provision to the contrary in Chapter | 56304 |
| 3314. of the Revised Code or any other provision of law, a sponsor | 56305 |
| of a community school that is notified by the Auditor of State | 56306 |
| under division (A) of this section that a community school it | 56307 |
| sponsors is unauditable shall not enter into contracts with any | 56308 |
| additional community schools under section 3314.03 of the Revised | 56309 |
| Code until the Auditor of State or a public accountant has | 56310 |
| completed a financial audit of that school. | 56311 |
| (C) Not later than forty-five days after receiving | 56312 |
| notification by the Auditor of State under division (A) of this | 56313 |
| section that a community school is unauditable, the sponsor of the | 56314 |
| school shall provide a written response to the Auditor of State. | 56315 |
| The response shall include the following: | 56316 |
| (1) An overview of the process the sponsor will use to review | 56317 |
| and understand the circumstances that led to the community school | 56318 |
| becoming unauditable; | 56319 |
| (2) A plan for providing the Auditor of State with the | 56320 |
| documentation necessary to complete an audit of the community | 56321 |
| school and for ensuring that all financial documents are available | 56322 |
| in the future; | 56323 |
| (3) The actions the sponsor will take to ensure that the plan | 56324 |
| described in division (C)(2) of this section is implemented. | 56325 |
| (D) If a community school fails to make reasonable efforts | 56326 |
| and continuing progress to bring its accounts, records, files, or | 56327 |
| reports into an auditable condition within ninety days after being | 56328 |
| declared unauditable, the Auditor of State, in addition to | 56329 |
| requesting legal action under sections 117.41 and 117.42 of the | 56330 |
| Revised Code, shall notify the Department of the school's failure. | 56331 |
| If the Auditor of State or a public accountant subsequently is | 56332 |
| able to complete a financial audit of the school, the Auditor of | 56333 |
| State shall notify the Department that the audit has been | 56334 |
| completed. | 56335 |
| (E) Notwithstanding any provision to the contrary in Chapter | 56336 |
| 3314. of the Revised Code or any other provision of law, upon | 56337 |
| notification by the Auditor of State under division (D) of this | 56338 |
| section that a community school has failed to make reasonable | 56339 |
| efforts and continuing progress to bring its accounts, records, | 56340 |
| files, or reports into an auditable condition following a | 56341 |
| declaration that the school is unauditable, the Department shall | 56342 |
| immediately cease all payments to the school under Chapter 3314. | 56343 |
| of the Revised Code and any other provision of law. Upon | 56344 |
| subsequent notification from the Auditor of State under that | 56345 |
| division that the Auditor of State or a public accountant was able | 56346 |
| to complete a financial audit of the community school, the | 56347 |
| Department shall release all funds withheld from the school under | 56348 |
| this section. | 56349 |
| Section 271.10. ELC OHIO ELECTIONS COMMISSION | 56350 |
| General Revenue Fund | 56351 |
| GRF | 051-321 | Operating Expenses | $ | 411,623 | $ | 423,975 | 56352 | ||||
| TOTAL GRF General Revenue Fund | $ | 411,623 | $ | 423,975 | 56353 | ||||||
| General Services Fund Group | 56354 |
| 4P2 | 051-601 | Ohio Elections | 56355 | ||||||||
| Commission Fund | $ | 255,000 | $ | 255,000 | 56356 | ||||||
| TOTAL GSF General Services Fund Group | $ | 255,000 | $ | 255,000 | 56357 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 666,623 | $ | 678,975 | 56358 | ||||||
| Section 273.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL | 56360 |
| DIRECTORS | 56361 |
| General Services Fund Group | 56362 |
| 4K9 | 881-609 | Operating Expenses | $ | 628,641 | $ | 646,602 | 56363 | ||||
| TOTAL GSF General Services | 56364 | ||||||||||
| Fund Group | $ | 628,641 | $ | 646,602 | 56365 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 628,641 | $ | 646,602 | 56366 | ||||||
| Section 275.10. PAY EMPLOYEE BENEFITS FUNDS | 56368 |
| Accrued Leave Liability Fund Group | 56369 |
| 806 | 995-666 | Accrued Leave Fund | $ | 69,584,560 | $ | 76,038,787 | 56370 | ||||
| 807 | 995-667 | Disability Fund | $ | 40,104,713 | $ | 39,309,838 | 56371 | ||||
| TOTAL ALF Accrued Leave Liability | 56372 | ||||||||||
| Fund Group | $ | 109,689,273 | $ | 115,348,625 | 56373 | ||||||
| Agency Fund Group | 56374 |
| 124 | 995-673 | Payroll Deductions | $ | 2,125,000,000 | $ | 2,175,000,000 | 56375 | ||||
| 808 | 995-668 | State Employee Health Benefit Fund | $ | 499,240,000 | $ | 550,922,742 | 56376 | ||||
| 809 | 995-669 | Dependent Care Spending Account | $ | 2,969,635 | $ | 2,969,635 | 56377 | ||||
| 810 | 995-670 | Life Insurance Investment Fund | $ | 2,113,589 | $ | 2,229,834 | 56378 | ||||
| 811 | 995-671 | Parental Leave Benefit Fund | $ | 3,994,806 | $ | 4,234,495 | 56379 | ||||
| 813 | 995-672 | Health Care Spending Account | $ | 12,000,000 | $ | 12,000,000 | 56380 | ||||
| TOTAL AGY Agency Fund Group | $ | 2,645,318,030 | $ | 2,747,356,706 | 56381 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,755,007,303 | $ | 2,862,705,331 | 56382 |
| ACCRUED LEAVE LIABILITY FUND | 56383 |
| The foregoing appropriation item 995-666, Accrued Leave Fund, | 56384 |
| shall be used to make payments from the Accrued Leave Liability | 56385 |
| Fund (Fund 806), pursuant to section 125.211 of the Revised Code. | 56386 |
| If it is determined by the Director of Budget and Management that | 56387 |
| additional amounts are necessary, the amounts are appropriated. | 56388 |
| STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND | 56389 |
| The foregoing appropriation item 995-667, Disability Fund, | 56390 |
| shall be used to make payments from the State Employee Disability | 56391 |
| Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the | 56392 |
| Revised Code. If it is determined by the Director of Budget and | 56393 |
| Management that additional amounts are necessary, the amounts are | 56394 |
| appropriated. | 56395 |
| PAYROLL WITHHOLDING FUND | 56396 |
| The foregoing appropriation item 995-673, Payroll Deductions, | 56397 |
| shall be used to make payments from the Payroll Withholding Fund | 56398 |
| (Fund 124). If it is determined by the Director of Budget and | 56399 |
| Management that additional appropriation amounts are necessary, | 56400 |
| such amounts are hereby appropriated. | 56401 |
| STATE EMPLOYEE HEALTH BENEFIT FUND | 56402 |
| The foregoing appropriation item 995-668, State Employee | 56403 |
| Health Benefit Fund, shall be used to make payments from the State | 56404 |
| Employee Health Benefit Fund (Fund 808), pursuant to section | 56405 |
| 124.87 of the Revised Code. If it is determined by the Director of | 56406 |
| Budget and Management that additional amounts are necessary, the | 56407 |
| amounts are appropriated. | 56408 |
| DEPENDENT CARE SPENDING ACCOUNT | 56409 |
| The foregoing appropriation item 995-669, Dependent Care | 56410 |
| Spending Account, shall be used to make payments from the | 56411 |
| Dependent Care Spending Account (Fund 809) to employees eligible | 56412 |
| for dependent care expenses. If it is determined by the Director | 56413 |
| of Budget and Management that additional amounts are necessary, | 56414 |
| the amounts are appropriated. | 56415 |
| LIFE INSURANCE INVESTMENT FUND | 56416 |
| The foregoing appropriation item 995-670, Life Insurance | 56417 |
| Investment Fund, shall be used to make payments from the Life | 56418 |
| Insurance Investment Fund (Fund 810) for the costs and expenses of | 56419 |
| the state's life insurance benefit program pursuant to section | 56420 |
| 125.212 of the Revised Code. If it is determined by the Director | 56421 |
| of Budget and Management that additional amounts are necessary, | 56422 |
| the amounts are appropriated. | 56423 |
| PARENTAL LEAVE BENEFIT FUND | 56424 |
| The foregoing appropriation item 995-671, Parental Leave | 56425 |
| Benefit Fund, shall be used to make payments from the Parental | 56426 |
| Leave Benefit Fund (Fund 811) to employees eligible for parental | 56427 |
| leave benefits pursuant to section 124.137 of the Revised Code. If | 56428 |
| it is determined by the Director of Budget and Management that | 56429 |
| additional amounts are necessary, the amounts are appropriated. | 56430 |
| HEALTH CARE SPENDING ACCOUNT | 56431 |
| There is hereby established in the State Treasury the Health | 56432 |
| Care Spending Account Fund (Fund 813). The foregoing appropriation | 56433 |
| item 995-672, Health Care Spending Account, shall be used to make | 56434 |
| payments from the fund. The fund shall be under the supervision of | 56435 |
| the Department of Administrative Services and shall be used to | 56436 |
| make payments pursuant to state employees' participation in a | 56437 |
| flexible spending account for non-reimbursed health care expenses | 56438 |
| and pursuant to Section 125 of the Internal Revenue Code. All | 56439 |
| income derived from the investment of the fund shall accrue to the | 56440 |
| fund. If it is determined by the Director of Administrative | 56441 |
| Services that additional appropriation amounts are necessary, the | 56442 |
| Director of Administrative Services may request that the Director | 56443 |
| of Budget and Management increase such amounts. Such amounts are | 56444 |
| hereby appropriated. | 56445 |
| At the request of the Director of Administrative Services, | 56446 |
| the Director of Budget and Management shall transfer up to | 56447 |
| $145,000 from the General Revenue Fund to the Health Care Spending | 56448 |
| Account Fund during fiscal years 2008 and 2009. This cash shall be | 56449 |
| transferred as needed to provide adequate cash flow for the Health | 56450 |
| Care Spending Account Fund during fiscal year 2008 and fiscal year | 56451 |
| 2009. If funds are available at the end of fiscal years 2008 and | 56452 |
| 2009, the Director of Budget and Management shall transfer cash up | 56453 |
| to the amount previously transferred in the respective year, plus | 56454 |
| interest income, back from the Health Care Spending Account (Fund | 56455 |
| 813) to the General Revenue Fund. | 56456 |
| Section 277.10. ERB STATE EMPLOYMENT RELATIONS BOARD | 56457 |
| General Revenue Fund | 56458 |
| GRF | 125-321 | Operating Expenses | $ | 3,218,803 | $ | 3,355,602 | 56459 | ||||
| TOTAL GRF General Revenue Fund | $ | 3,218,803 | $ | 3,355,602 | 56460 | ||||||
| General Services Fund Group | 56461 |
| 572 | 125-603 | Training and Publications | $ | 75,541 | $ | 75,541 | 56462 | ||||
| TOTAL GSF General Services | 56463 | ||||||||||
| Fund Group | $ | 75,541 | $ | 75,541 | 56464 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 3,294,344 | $ | 3,431,143 | 56465 | ||||||
| Section 279.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS | 56467 |
| General Services Fund Group | 56468 |
| 4K9 | 892-609 | Operating Expenses | $ | 1,058,881 | $ | 1,058,881 | 56469 | ||||
| TOTAL GSF General Services | 56470 | ||||||||||
| Fund Group | $ | 1,058,881 | $ | 1,058,881 | 56471 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,058,881 | $ | 1,058,881 | 56472 | ||||||
| Section 281.10. EPA ENVIRONMENTAL PROTECTION AGENCY | 56474 |
| General Services Fund Group | 56475 |
| 199 | 715-602 | Laboratory Services | $ | 1,158,574 | $ | 1,173,574 | 56476 | ||||
| 219 | 715-604 | Central Support Indirect | $ | 16,474,276 | $ | 17,000,962 | 56477 | ||||
| 4A1 | 715-640 | Operating Expenses | $ | 3,369,731 | $ | 3,369,731 | 56478 | ||||
| TOTAL GSF General Services | 56479 | ||||||||||
| Fund Group | $ | 21,002,581 | $ | 21,544,267 | 56480 | ||||||
| Federal Special Revenue Fund Group | 56481 |
| 3BU | 715-684 | Water Quality Protection | $ | 6,515,000 | $ | 6,310,000 | 56482 | ||||
| 3F2 | 715-630 | Revolving Loan Fund - Operating | $ | 563,536 | $ | 775,600 | 56483 | ||||
| 3F3 | 715-632 | Federally Supported Cleanup and Response | $ | 2,550,000 | $ | 2,550,000 | 56484 | ||||
| 3F5 | 715-641 | Nonpoint Source Pollution Management | $ | 7,550,000 | $ | 7,595,000 | 56485 | ||||
| 3K4 | 715-634 | DOD Monitoring and Oversight | $ | 858,250 | $ | 898,825 | 56486 | ||||
| 3N4 | 715-657 | DOE Monitoring and Oversight | $ | 1,071,678 | $ | 1,110,270 | 56487 | ||||
| 3T3 | 715-669 | Drinking Water SRF | $ | 2,843,923 | $ | 2,977,998 | 56488 | ||||
| 3V7 | 715-606 | Agencywide Grants | $ | 500,000 | $ | 500,000 | 56489 | ||||
| 353 | 715-612 | Public Water Supply | $ | 3,388,619 | $ | 3,388,618 | 56490 | ||||
| 354 | 715-614 | Hazardous Waste Management - Federal | $ | 4,203,891 | $ | 4,203,891 | 56491 | ||||
| 357 | 715-619 | Air Pollution Control - Federal | $ | 6,823,949 | $ | 6,823,950 | 56492 | ||||
| 362 | 715-605 | Underground Injection Control - Federal | $ | 111,874 | $ | 111,874 | 56493 | ||||
| TOTAL FED Federal Special Revenue | 56494 | ||||||||||
| Fund Group | $ | 36,980,720 | $ | 37,246,026 | 56495 | ||||||
| State Special Revenue Fund Group | 56496 |
| 4J0 | 715-638 | Underground Injection Control | $ | 458,418 | $ | 458,418 | 56497 | ||||
| 4K2 | 715-648 | Clean Air - Non Title V | $ | 3,690,821 | $ | 4,066,558 | 56498 | ||||
| 4K3 | 715-649 | Solid Waste | $ | 13,932,845 | $ | 14,282,845 | 56499 | ||||
| 4K4 | 715-650 | Surface Water Protection | $ | 12,685,000 | $ | 13,815,000 | 56500 | ||||
| 4K5 | 715-651 | Drinking Water Protection | $ | 8,169,553 | $ | 8,867,732 | 56501 | ||||
| 4P5 | 715-654 | Cozart Landfill | $ | 149,728 | $ | 149,728 | 56502 | ||||
| 4R5 | 715-656 | Scrap Tire Management | $ | 6,000,000 | $ | 6,000,000 | 56503 | ||||
| 4R9 | 715-658 | Voluntary Action Program | $ | 1,032,098 | $ | 1,032,098 | 56504 | ||||
| 4T3 | 715-659 | Clean Air - Title V Permit Program | $ | 18,924,098 | $ | 18,833,584 | 56505 | ||||
| 4U7 | 715-660 | Construction & Demolition Debris | $ | 881,561 | $ | 881,561 | 56506 | ||||
| 5BC | 715-617 | Clean Ohio | $ | 741,646 | $ | 741,646 | 56507 | ||||
| 5BC | 715-622 | Local Air Pollution Control | $ | 1,026,369 | $ | 1,026,369 | 56508 | ||||
| 5BC | 715-624 | Surface Water | $ | 8,797,413 | $ | 8,797,413 | 56509 | ||||
| 5BC | 715-667 | Groundwater | $ | 1,093,741 | $ | 1,093,741 | 56510 | ||||
| 5BC | 715-672 | Air Pollution Control | $ | 5,199,290 | $ | 5,199,290 | 56511 | ||||
| 5BC | 715-673 | Drinking Water | $ | 2,550,250 | $ | 2,550,250 | 56512 | ||||
| 5BC | 715-675 | Hazardous Waste | $ | 100,847 | $ | 100,847 | 56513 | ||||
| 5BC | 715-676 | Assistance and Prevention | $ | 700,302 | $ | 700,302 | 56514 | ||||
| 5BC | 715-677 | Laboratory | $ | 1,216,333 | $ | 1,216,333 | 56515 | ||||
| 5BC | 715-678 | Corrective Actions | $ | 1,179,775 | $ | 1,179,775 | 56516 | ||||
| 5BT | 715-679 | C&DD Groundwater Monitoring | $ | 571,560 | $ | 693,267 | 56517 | ||||
| 5BY | 715-681 | Auto Emissions Test | $ | 14,817,105 | $ | 15,057,814 | 56518 | ||||
| 5CD | 715-682 | Clean Diesel School Buses | $ | 600,000 | $ | 600,000 | 56519 | ||||
| 5DW | 715-683 | Automotive Mercury Switch Program | $ | 60,000 | $ | 60,000 | 56520 | ||||
| 5H4 | 715-664 | Groundwater Support | $ | 2,503,933 | $ | 2,715,340 | 56521 | ||||
| 5N2 | 715-613 | Dredge and Fill | $ | 30,000 | $ | 30,000 | 56522 | ||||
| 500 | 715-608 | Immediate Removal Special Account | $ | 557,257 | $ | 573,903 | 56523 | ||||
| 503 | 715-621 | Hazardous Waste Facility Management | $ | 11,711,473 | $ | 12,200,240 | 56524 | ||||
| 505 | 715-623 | Hazardous Waste Cleanup | $ | 13,333,179 | $ | 14,147,498 | 56525 | ||||
| 505 | 715-674 | Clean Ohio Environmental Review | $ | 109,725 | $ | 109,725 | 56526 | ||||
| 541 | 715-670 | Site Specific Cleanup | $ | 34,650 | $ | 34,650 | 56527 | ||||
| 542 | 715-671 | Risk Management Reporting | $ | 146,188 | $ | 146,188 | 56528 | ||||
| 592 | 715-627 | Anti Tampering Settlement | $ | 9,707 | $ | 9,707 | 56529 | ||||
| 6A1 | 715-645 | Environmental Education | $ | 1,500,000 | $ | 1,500,000 | 56530 | ||||
| 602 | 715-626 | Motor Vehicle Inspection and Maintenance | $ | 157,697 | $ | 128,876 | 56531 | ||||
| 644 | 715-631 | ER Radiological Safety | $ | 286,114 | $ | 286,114 | 56532 | ||||
| 660 | 715-629 | Infectious Waste Management | $ | 100,000 | $ | 100,000 | 56533 | ||||
| 676 | 715-642 | Water Pollution Control Loan Administration | $ | 4,964,625 | $ | 4,964,625 | 56534 | ||||
| 678 | 715-635 | Air Toxic Release | $ | 210,622 | $ | 210,622 | 56535 | ||||
| 679 | 715-636 | Emergency Planning | $ | 2,628,647 | $ | 2,628,647 | 56536 | ||||
| 696 | 715-643 | Air Pollution Control Administration | $ | 750,000 | $ | 750,000 | 56537 | ||||
| 699 | 715-644 | Water Pollution Control Administration | $ | 750,000 | $ | 750,000 | 56538 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 144,362,570 | $ | 148,690,706 | 56539 | ||||||
| Clean Ohio Revitalization Fund Group | 56540 |
| 5S1 | 715-607 | Clean Ohio - Operating | $ | 208,174 | $ | 208,174 | 56541 | ||||
| TOTAL CLF Clean Ohio Revitalization Fund Group | $ | 208,174 | $ | 208,174 | 56542 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 202,554,045 | $ | 207,689,173 | 56543 | ||||||
| AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT | 56544 |
| On the first day of July of each fiscal year or as soon as | 56545 |
| possible thereafter, the Director of Budget and Management shall | 56546 |
| transfer $14,817,105 for use in fiscal year 2008 and $15,057,814 | 56547 |
| for use in fiscal year 2009 from the General Revenue Fund (GRF) to | 56548 |
| the Auto Emissions Test Fund (Fund 5BY). | 56549 |
| The Ohio Environmental Protection Agency (EPA) shall use the | 56550 |
| foregoing appropriation item 715-681, Auto Emissions Test, in the | 56551 |
| Auto Emissions Test Fund (Fund 5BY), for the operation, and Ohio | 56552 |
| EPA's costs for oversight, of the auto emissions testing program. | 56553 |
| For purposes of continuing testing beyond December 31, 2007, the | 56554 |
| Director of Environmental Protection may extend an existing | 56555 |
| contract with the contractor who is implementing the testing | 56556 |
| program pursuant to section 3704.14 of the Revised Code for a | 56557 |
| period of two years. | 56558 |
| The funds identified in this section shall not be used (1) to | 56559 |
| pay for the testing costs of any dealers to provide certificates | 56560 |
| for vehicles being purchased by individuals who reside in areas | 56561 |
| where the E-Check program is operated or (2) to pay for more than | 56562 |
| one passing or three total free tests for any vehicle in a | 56563 |
| three-hundred-sixty-five-day period. When state funds may not be | 56564 |
| used to pay for testing costs, the cost of testing and retesting | 56565 |
| paid by an individual or a business for any vehicle shall cover | 56566 |
| the cost of the test. Testing and other fees charged by the | 56567 |
| contractor shall be submitted to and approved by the Director of | 56568 |
| Environmental Protection. | 56569 |
| WATER QUALITY PROTECTION FUND | 56570 |
| On July 1, 2007, or as soon thereafter as possible, the | 56571 |
| Director of Environmental Protection shall certify to the Director | 56572 |
| of Budget and Management the cash balance in Fund 3F4, Water | 56573 |
| Quality Management. The Director of Budget and Management shall | 56574 |
| transfer the amount certified from Fund 3F4 to Fund 3BU, Water | 56575 |
| Quality Protection. Any existing encumbrances in appropriation | 56576 |
| item 715-633, Water Quality Management (Fund 3F4), shall be | 56577 |
| cancelled and re-established against appropriation item 715-684, | 56578 |
| Water Quality Protection (Fund 3BU). The amounts of the | 56579 |
| re-established encumbrances are hereby appropriated, and Fund 3F4 | 56580 |
| is abolished. | 56581 |
| On July 1, 2007, or as soon thereafter as possible, the | 56582 |
| Director of Environmental Protection shall certify to the Director | 56583 |
| of Budget and Management the cash balance in Fund 3J1, Urban | 56584 |
| Stormwater. The Director of Budget and Management shall transfer | 56585 |
| the amount certified from Fund 3J1 to Fund 3BU, Water Quality | 56586 |
| Protection. Any existing encumbrances in appropriation item | 56587 |
| 715-620, Urban Stormwater (Fund 3J1), shall be cancelled and | 56588 |
| re-established against appropriation item 715-684, Water Quality | 56589 |
| Protection (Fund 3BU). The amounts of the re-established | 56590 |
| encumbrances are hereby appropriated, and Fund 3J1 is abolished. | 56591 |
| On July 1, 2007, or as soon thereafter as possible, the | 56592 |
| Director of Environmental Protection shall certify to the Director | 56593 |
| of Budget and Management the cash balance in Fund 3J5, Maumee | 56594 |
| River. The Director of Budget and Management shall transfer the | 56595 |
| amount certified from Fund 3J5 to Fund 3BU, Water Quality | 56596 |
| Protection. Any existing encumbrances in appropriation item | 56597 |
| 715-615, Maumee River (Fund 3J5), shall be cancelled and | 56598 |
| re-established against appropriation item 715-684, Water Quality | 56599 |
| Protection (Fund 3BU). The amounts of the re-established | 56600 |
| encumbrances are hereby appropriated, and Fund 3J5 is abolished. | 56601 |
| On July 1, 2007, or as soon thereafter as possible, the | 56602 |
| Director of Environmental Protection shall certify to the Director | 56603 |
| of Budget and Management the cash balance in Fund 3K2, Clean Water | 56604 |
| Act 106 (Fund 3K2). The Director of Budget and Management shall | 56605 |
| transfer the amount certified from Fund 3K2 to Fund 3BU, Water | 56606 |
| Quality Protection. Any existing encumbrances in appropriation | 56607 |
| item 715-628, Clean Water Act 106, shall be cancelled and | 56608 |
| re-established against appropriation item 715-684, Water Quality | 56609 |
| Protection (Fund 3BU). The amounts of the re-established | 56610 |
| encumbrances are hereby appropriated, and Fund 3K2 is abolished. | 56611 |
| On July 1, 2007, or as soon thereafter as possible, the | 56612 |
| Director of Environmental Protection shall certify to the Director | 56613 |
| of Budget and Management the cash balance in Fund 3K6, Remedial | 56614 |
| Action Plan. The Director of Budget and Management shall transfer | 56615 |
| the amount certified from Fund 3K6 to Fund 3BU, Water Quality | 56616 |
| Protection. Any existing encumbrances in appropriation item | 56617 |
| 715-639, Remedial Action Plan (Fund 3K6), shall be cancelled and | 56618 |
| re-established against appropriation item 715-684, Water Quality | 56619 |
| Protection (Fund 3BU). The amounts of the re-established | 56620 |
| encumbrances are hereby appropriated, and Fund 3K6 is abolished. | 56621 |
| On July 1, 2007, or as soon thereafter as possible, the | 56622 |
| Director of Environmental Protection shall certify to the Director | 56623 |
| of Budget and Management the cash balance in Fund 352, Wastewater | 56624 |
| Pollution. The Director of Budget and Management shall transfer | 56625 |
| the amount certified from Fund 352 to Fund 3BU, Water Quality | 56626 |
| Protection. Any existing encumbrances in appropriation item | 56627 |
| 715-611, Wastewater Pollution (Fund 352), shall be cancelled and | 56628 |
| re-established against appropriation item 715-684, Water Quality | 56629 |
| Protection (Fund 3BU). The amounts of the re-established | 56630 |
| encumbrances are hereby appropriated, and Fund 352 is abolished. | 56631 |
| On July 1, 2007, or as soon thereafter as possible, the | 56632 |
| Director of Environmental Protection shall certify to the Director | 56633 |
| of Budget and Management the cash balance in Fund 358, 205-J | 56634 |
| Federal Planning. The Director of Budget and Management shall | 56635 |
| transfer the amount certified from Fund 358 to Fund 3BU, Water | 56636 |
| Quality Protection. Any existing encumbrances in appropriation | 56637 |
| item 715-625, 205-J Federal Planning (Fund 358), shall be | 56638 |
| cancelled and re-established against appropriation item 715-684, | 56639 |
| Water Quality Protection (Fund 3BU). The amounts of the | 56640 |
| re-established encumbrances are hereby appropriated, and Fund 358 | 56641 |
| is abolished. | 56642 |
| AREAWIDE PLANNING AGENCIES | 56643 |
| The Director of the Environmental Protection Agency shall use | 56644 |
| the foregoing appropriation item 715-624, Surface Water, to | 56645 |
| contract with areawide planning agencies in an amount not to | 56646 |
| exceed $75,000 per agency per fiscal year for areawide water | 56647 |
| quality management and planning activities in accordance with | 56648 |
| Section 208 of the Federal Clean Water Act, 33 U.S.C. 1288. | 56649 |
| CASH TRANSFER FOR AUTOMOTIVE MERCURY SWITCH PROGRAM | 56650 |
| Upon the request of the Director of Environmental Protection, | 56651 |
| the Director of Budget and Management shall transfer up to $60,000 | 56652 |
| in cash from the Environmental Protection Fund (Fund 5BC) to the | 56653 |
| Automotive Mercury Switch Program Fund (Fund 5DW), in each year of | 56654 |
| the fiscal years 2008-2009 biennium. | 56655 |
| Section 283.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION | 56656 |
| General Revenue Fund | 56657 |
| GRF | 172-321 | Operating Expenses | $ | 483,859 | $ | 487,000 | 56658 | ||||
| TOTAL GRF General Revenue Fund | $ | 483,859 | $ | 487,000 | 56659 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 483,859 | $ | 487,000 | 56660 | ||||||
| Section 285.10. ETC ETECH OHIO | 56662 |
| General Revenue Fund | 56663 |
| GRF | 935-321 | Operations | $ | 6,830,918 | $ | 6,830,921 | 56664 | ||||
| GRF | 935-401 | Statehouse News Bureau | $ | 244,400 | $ | 244,400 | 56665 | ||||
| GRF | 935-402 | Ohio Government Telecommunications Services | $ | 716,417 | $ | 716,417 | 56666 | ||||
| GRF | 935-403 | Technical Operations | $ | 3,597,390 | $ | 3,597,389 | 56667 | ||||
| GRF | 935-404 | Telecommunications Operating Subsidy | $ | 3,632,413 | $ | 3,632,413 | 56668 | ||||
| GRF | 935-406 | Technical and Instructional Professional Development | $ | 7,285,351 | $ | 7,272,351 | 56669 | ||||
| GRF | 935-539 | Educational Technology | $ | 4,139,551 | $ | 4,139,551 | 56670 | ||||
| TOTAL GRF General Revenue Fund | $ | 26,446,440 | $ | 26,433,442 | 56671 | ||||||
| General Services Fund Group | 56672 |
| 4F3 | 935-603 | Affiliate Services | $ | 1,000,000 | $ | 1,000,000 | 56673 | ||||
| 4T2 | 935-605 | Government Television/Telecommunications Operating | $ | 25,000 | $ | 25,000 | 56674 | ||||
| 5D4 | 935-640 | Conference/Special Purposes | $ | 1,821,817 | $ | 1,821,817 | 56675 | ||||
| TOTAL GSF General Services Fund Group | $ | 2,846,817 | $ | 2,846,817 | 56676 | ||||||
| Federal Special Revenue Fund Group | 56677 |
| 3S3 | 935-606 | Enhancing Education Technology | $ | 589,363 | $ | 589,363 | 56678 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 589,363 | $ | 589,363 | 56679 | ||||||
| State Special Revenue Fund Group | 56680 |
| 4W9 | 935-630 | Telecommunity | $ | 25,000 | $ | 25,000 | 56681 | ||||
| 4X1 | 935-634 | Distance Learning | $ | 50,000 | $ | 50,000 | 56682 | ||||
| 5T3 | 935-607 | Gates Foundation Grants | $ | 200,000 | $ | 200,000 | 56683 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 275,000 | $ | 275,000 | 56684 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 30,157,620 | $ | 30,144,622 | 56685 | ||||||
| Section 285.20. TOWERS | 56687 |
| (A) eTech Ohio currently owns eighteen towers and owns or | 56688 |
| leases an interest in the land upon which the towers are located | 56689 |
| at the following sites: Akron/Nimisila, Butler, Carey, Carmel | 56690 |
| Church, Celina College, Corner/Oxford, Conneaut/Ashtabula, | 56691 |
| Fairborn/Wright State, Lancaster, London, Loudonville, Mansfield, | 56692 |
| Maplewood, Millersburg, Thompson, Warrensville Heights, | 56693 |
| Wilberforce/Central State University, and Wooster. All rights, | 56694 |
| privileges, ownership, and control of the towers shall be | 56695 |
| transferred to the Office of Information Technology by July 1, | 56696 |
| 2007, or as soon as possible thereafter. Where the land upon which | 56697 |
| the towers are located is leased by eTech Ohio, eTech Ohio hereby | 56698 |
| relinquishes its right on any such lease and the Office of | 56699 |
| Information Technology shall be substituted as the lessee of the | 56700 |
| premises by July 1, 2007, or as soon as possible thereafter, under | 56701 |
| the same terms, provisions, and conditions as specified in each | 56702 |
| lease agreement, subject to the lessor's consent. Where the land | 56703 |
| upon which the towers are located is owned by eTech Ohio, all | 56704 |
| rights, privileges, ownership, and control of the land shall be | 56705 |
| transferred to the Office of Information Technology by July 1, | 56706 |
| 2007, or as soon as possible thereafter. The transfers and | 56707 |
| assignments of the eighteen tower site designations are subject to | 56708 |
| eTech Ohio's continued right to use the towers for transmission | 56709 |
| and broadcasting purposes and subject to the completion of any | 56710 |
| legal surveys of the premises on which the towers are located as | 56711 |
| deemed necessary by the Office of Real Estate Services. | 56712 |
| (B) The Governor is hereby authorized to execute deeds or | 56713 |
| leases in the name of the state, granting or leasing all of the | 56714 |
| state's right, title, and interest in the parcels described | 56715 |
| herein, and as necessary to implement division (A) of this | 56716 |
| section. | 56717 |
| (C) Renewable leases and deeds to implement division (A) of | 56718 |
| this section shall be prepared by the Auditor of State with the | 56719 |
| assistance of the Attorney General, executed by the Governor, | 56720 |
| countersigned by the Secretary of State, sealed with the Great | 56721 |
| Seal of the State, and presented for recording in the Office of | 56722 |
| the Auditor of State. Each deed or lease shall be delivered to the | 56723 |
| original grantor or lessor of each property for recording in the | 56724 |
| office of the appropriate county recorder. | 56725 |
| Section 285.30. TELECOMMUNICATIONS | 56726 |
| STATEHOUSE NEWS BUREAU | 56727 |
| The foregoing appropriation item 935-401, Statehouse News | 56728 |
| Bureau, shall be used solely to support the operations of the Ohio | 56729 |
| Statehouse News Bureau. | 56730 |
| OHIO GOVERNMENT TELECOMMUNICATIONS STUDIO | 56731 |
| The foregoing appropriation item 935-402, Ohio Government | 56732 |
| Telecommunications Services, shall be used solely to support the | 56733 |
| operations of Ohio Government Telecommunications Services. | 56734 |
| TECHNICAL OPERATIONS | 56735 |
| The foregoing appropriation item 935-403, Technical | 56736 |
| Operations, shall be used by eTech Ohio to pay expenses of eTech | 56737 |
| Ohio's network infrastructure, which includes the television and | 56738 |
| radio transmission infrastructure and infrastructure that shall | 56739 |
| link all public K-12 classrooms to each other and the Internet, | 56740 |
| and provide access to voice, video, and data educational resources | 56741 |
| for students and teachers. | 56742 |
| TELECOMMUNICATIONS OPERATING SUBSIDY | 56743 |
| Of the foregoing appropriation item 935-404, | 56744 |
| Telecommunications Operating Subsidy, $45,000 in each fiscal year | 56745 |
| shall be used to contract for dial-up newspaper reading services | 56746 |
| for the blind and physically handicapped. The contract shall be | 56747 |
| awarded through a competitive bidding process. | 56748 |
| The remainder of appropriation item 935-404, | 56749 |
| Telecommunications Operating Subsidy, shall be distributed by | 56750 |
| eTech Ohio to Ohio's qualified public educational television | 56751 |
| stations, radio reading services, and educational radio stations | 56752 |
| to support their operations. The funds shall be distributed | 56753 |
| pursuant to an allocation formula used by the Ohio Educational | 56754 |
| Telecommunications Network Commission unless and until a | 56755 |
| substitute formula is developed by eTech Ohio in consultation with | 56756 |
| Ohio's qualified public educational television stations, radio | 56757 |
| reading services, and educational radio stations. | 56758 |
| Section 285.40. TECHNICAL AND INSTRUCTIONAL PROFESSIONAL | 56759 |
| DEVELOPMENT | 56760 |
| The foregoing appropriation item 935-406, Technical and | 56761 |
| Instructional Professional Development, shall be used by eTech | 56762 |
| Ohio to make grants or provide services to qualifying public | 56763 |
| schools, including the State School for the Blind, the State | 56764 |
| School for the Deaf, and the Department of Youth Services, for the | 56765 |
| provision of hardware, software, telecommunications services, and | 56766 |
| staff development to support educational uses of technology in the | 56767 |
| classroom. | 56768 |
| Of the foregoing appropriation item 935-406, Technical and | 56769 |
| Instructional Professional Development, up to $1,000,000 in each | 56770 |
| fiscal year shall be used to implement and support the Ohio | 56771 |
| Students Choosing On-line Resources for Educational Success (Ohio | 56772 |
| SCORES) initiative that increases the educational options | 56773 |
| available to students in mathematics, advanced laboratory-based | 56774 |
| science, and foreign language. eTech Ohio shall work | 56775 |
| collaboratively with the Department of Education and the Board of | 56776 |
| Regents on this initiative. | 56777 |
| Of the foregoing appropriation item 935-406, Technical and | 56778 |
| Instructional Professional Development, up to $200,000 in each | 56779 |
| fiscal year shall be used by eTech Ohio to provide competitive | 56780 |
| professional development grants to school districts. Grant | 56781 |
| proposals shall focus on developing innovative programs that | 56782 |
| enhance the abilities of teachers to use innovative methods for | 56783 |
| integrating technology to implement state academic content | 56784 |
| standards in classroom lessons. Grant requirements and awards | 56785 |
| shall be approved by eTech Ohio, with priority given to school | 56786 |
| districts designated in academic emergency, academic watch, or | 56787 |
| continuous improvement. eTech Ohio shall develop a web site to | 56788 |
| share information learned through these programs with school | 56789 |
| districts statewide. The web site shall be linked with the Ohio | 56790 |
| Department of Education's Instructional Management System. | 56791 |
| Of the foregoing appropriation item 935-406, Technical and | 56792 |
| Instructional Professional Development, up to $1,260,000 in each | 56793 |
| fiscal year shall be allocated equally among the 12 Ohio | 56794 |
| educational television stations and used with the advice and | 56795 |
| approval of eTech Ohio. Funds shall be used for the production of | 56796 |
| interactive instructional programming series with priority given | 56797 |
| to resources aligned with state academic content standards in | 56798 |
| consultation with the Ohio Department of Education and for | 56799 |
| teleconferences to support eTech Ohio. The programming shall be | 56800 |
| targeted to the needs of the poorest two hundred school districts | 56801 |
| as determined by the district's adjusted valuation per pupil as | 56802 |
| defined in former section 3317.0213 of the Revised Code as that | 56803 |
| section existed prior to June 30, 2005. | 56804 |
| The remainder of appropriation item 935-406, Technical and | 56805 |
| Instructional Professional Development, shall be used by eTech | 56806 |
| Ohio for professional development for teachers and administrators | 56807 |
| for the use of educational technology. eTech Ohio may make grants | 56808 |
| to provide technical assistance and professional development on | 56809 |
| the use of educational technology to school districts. | 56810 |
| Eligible recipients of grants include regional training | 56811 |
| centers, educational service centers, information technology | 56812 |
| centers, educational technology centers, institutions of higher | 56813 |
| education, public television stations, special education resource | 56814 |
| centers, area media centers, or other nonprofit educational | 56815 |
| organizations. In addition, services provided through these grants | 56816 |
| may include use of private entities subcontracting through the | 56817 |
| grant recipient. | 56818 |
| Grants shall be made to entities on a contractual basis with | 56819 |
| eTech Ohio. Contracts shall include provisions that demonstrate | 56820 |
| how services will benefit technology use in the public schools, | 56821 |
| and in particular how services will support eTech Ohio's efforts | 56822 |
| to integrate technology in the public schools. Contracts shall | 56823 |
| specify the scope of assistance being offered and the potential | 56824 |
| number of professionals who will be served. Contracting entities | 56825 |
| may be awarded more than one grant at a time. Grants shall be | 56826 |
| awarded in a manner consistent with the goals and priorities of | 56827 |
| eTech Ohio. Special emphasis in the award of grants shall be | 56828 |
| placed on collaborative efforts among service providers. | 56829 |
| Application for grants from appropriation item 935-406, | 56830 |
| Technical and Instructional Professional Development, shall be | 56831 |
| consistent with a school district's technology plan that shall | 56832 |
| meet the minimum specifications for school district technology | 56833 |
| plans as prescribed by eTech Ohio. Funds allocated through these | 56834 |
| grants may be combined with funds received through other state or | 56835 |
| federal grants for technology so long as the school district's | 56836 |
| technology plan specifies the use of these funds. | 56837 |
| Section 285.50. EDUCATION TECHNOLOGY | 56838 |
| The foregoing appropriation item 935-539, Education | 56839 |
| Technology, shall be used to provide funding to suppliers of | 56840 |
| information services to school districts for the provision of | 56841 |
| hardware, software, and staff development in support of | 56842 |
| educational uses of technology in the classroom as prescribed by | 56843 |
| the State Plan for Technology pursuant to section 3301.07 of the | 56844 |
| Revised Code, and to support assistive technology for children and | 56845 |
| youth with disabilities. | 56846 |
| Of the foregoing appropriation item 935-539, Education | 56847 |
| Technology, up to $4,139,551 in each fiscal year shall be used by | 56848 |
| eTech Ohio to contract with educational television to provide Ohio | 56849 |
| public schools with instructional resources and services with | 56850 |
| priority given to resources and services aligned with state | 56851 |
| academic content standards and such resources and services shall | 56852 |
| be based upon the advice and approval of eTech Ohio, based on a | 56853 |
| formula used by the Ohio SchoolNet Commission unless and until a | 56854 |
| substitute formula is developed by eTech Ohio in consultation with | 56855 |
| Ohio's educational technology agencies and noncommercial | 56856 |
| educational television stations. | 56857 |
| Resources may include, but not be limited to, the following: | 56858 |
| prerecorded video materials (including videotape, laser discs, and | 56859 |
| CD-ROM discs); computer software for student use or student access | 56860 |
| to electronic communication, databases, spreadsheet, and word | 56861 |
| processing capability; live student courses or courses delivered | 56862 |
| electronically; automated media systems; and instructional and | 56863 |
| professional development materials for teachers. eTech Ohio shall | 56864 |
| collaborate with public television stations and cooperate with | 56865 |
| education technology agencies in the acquisition, development, and | 56866 |
| delivery of these educational resources to ensure high-quality and | 56867 |
| educational soundness at the lowest possible cost. Delivery of | 56868 |
| these resources may utilize a variety of technologies, with a | 56869 |
| preference given to a high speed integrated information network | 56870 |
| that can transport video, voice, data, and graphics | 56871 |
| simultaneously. | 56872 |
| Services shall include presentations and technical assistance | 56873 |
| that will help students and teachers integrate educational | 56874 |
| materials that support curriculum objectives, match specific | 56875 |
| learning styles, and are appropriate for individual interests and | 56876 |
| ability levels. | 56877 |
| The instructional resources and services shall be made | 56878 |
| available for purchase by chartered nonpublic schools or by school | 56879 |
| districts for the benefit of pupils attending chartered nonpublic | 56880 |
| schools. | 56881 |
| eTech Ohio shall monitor the developments of technology, | 56882 |
| coordinate with the Office of Information Technology, and assure | 56883 |
| the most effective and highest quality operation of eTech Ohio | 56884 |
| networks. All efforts may be aligned with the State's ongoing | 56885 |
| efforts to coordinate appropriate network operations through the | 56886 |
| Office of Information Technology and through the Third Frontier | 56887 |
| Network. | 56888 |
| Section 285.60. TELECOMMUNITY | 56889 |
| The foregoing appropriation item 935-630, Telecommunity, | 56890 |
| shall be distributed by eTech Ohio on a grant basis to eligible | 56891 |
| school districts to establish "distance learning" through | 56892 |
| interactive video technologies in the school district. Per | 56893 |
| agreements with eight Ohio local telephone companies ALLTEL Ohio, | 56894 |
| CENTURY Telephone of Ohio, Chillicothe Telephone Company, | 56895 |
| Cincinnati Bell Telephone Company, Orwell Telephone Company, | 56896 |
| Sprint North Central Telephone, VERIZON, and Western Reserve | 56897 |
| Telephone Company, school districts are eligible for funds if they | 56898 |
| are within one of the listed telephone company service areas. | 56899 |
| Funds to administer the program shall be expended by eTech Ohio up | 56900 |
| to the amount specified in agreements with the listed telephone | 56901 |
| companies. | 56902 |
| Within thirty days after the effective date of this section, | 56903 |
| the Director of Budget and Management shall transfer to Fund 4W9 | 56904 |
| in the State Special Revenue Fund Group any investment earnings | 56905 |
| from moneys paid by any telephone company as part of any | 56906 |
| settlement agreement between the listed companies and the Public | 56907 |
| Utilities Commission in fiscal years 1996 and beyond. | 56908 |
| DISTANCE LEARNING | 56909 |
| The foregoing appropriation item 935-634, Distance Learning, | 56910 |
| shall be distributed by eTech Ohio on a grant basis to eligible | 56911 |
| school districts to establish "distance learning" in the school | 56912 |
| district. Per the agreement with Ameritech, school districts are | 56913 |
| eligible for funds if they are within an Ameritech service area. | 56914 |
| Funds to administer the program shall be expended by eTech Ohio up | 56915 |
| to the amount specified in the agreement with Ameritech. | 56916 |
| Within thirty days after the effective date of this section, | 56917 |
| the Director of Budget and Management shall transfer to Fund 4X1 | 56918 |
| in the State Special Revenue Fund Group any investment earnings | 56919 |
| from moneys paid by any telephone company as part of a settlement | 56920 |
| agreement between the company and the Public Utilities Commission | 56921 |
| in fiscal year 1995. | 56922 |
| GATES FOUNDATION GRANTS | 56923 |
| The foregoing appropriation item 935-607, Gates Foundation | 56924 |
| Grants, shall be used by eTech Ohio to provide professional | 56925 |
| development to school district principals, superintendents, and | 56926 |
| other administrative staff for the use of education technology. | 56927 |
| Section 287.10. ETH OHIO ETHICS COMMISSION | 56928 |
| General Revenue Fund | 56929 |
| GRF | 146-321 | Operating Expenses | $ | 1,863,028 | $ | 1,902,275 | 56930 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,863,028 | $ | 1,902,275 | 56931 | ||||||
| General Services Fund Group | 56932 |
| 4M6 | 146-601 | Operating Expenses | $ | 432,543 | $ | 432,543 | 56933 | ||||
| TOTAL GSF General Services | 56934 | ||||||||||
| Fund Group | $ | 432,543 | $ | 432,543 | 56935 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,295,571 | $ | 2,334,818 | 56936 | ||||||
| Section 289.10. EXP OHIO EXPOSITIONS COMMISSION | 56938 |
| General Revenue Fund | 56939 |
| GRF | 723-403 | Junior Fair Subsidy | $ | 400,000 | $ | 400,000 | 56940 | ||||
| TOTAL GRF General Revenue Fund | $ | 400,000 | $ | 400,000 | 56941 | ||||||
| State Special Revenue Fund Group | 56942 |
| 4N2 | 723-602 | Ohio State Fair Harness Racing | $ | 520,000 | $ | 520,000 | 56943 | ||||
| 506 | 723-601 | Operating Expenses | $ | 13,643,315 | $ | 13,643,315 | 56944 | ||||
| 640 | 723-603 | State Fair Reserve | $ | 125,337 | $ | 0 | 56945 | ||||
| TOTAL SSR State Special Revenue | 56946 | ||||||||||
| Fund Group | $ | 14,288,652 | $ | 14,163,315 | 56947 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 14,688,652 | $ | 14,563,315 | 56948 | ||||||
| STATE FAIR RESERVE | 56949 |
| The foregoing appropriation item 723-603, State Fair Reserve, | 56950 |
| shall serve as a budget reserve fund for the Ohio Expositions | 56951 |
| Commission in the event of a significant decline in attendance | 56952 |
| because of inclement weather or extraordinary circumstances during | 56953 |
| the Ohio State Fair resulting in a loss of revenue. The State Fair | 56954 |
| Reserve Fund (Fund 640) may be used by the Ohio Expositions | 56955 |
| Commission to pay bills resulting from the Ohio State Fair only if | 56956 |
| all the following criteria are met: | 56957 |
| (A) Admission revenues for the 2007 Ohio State Fair are less | 56958 |
| than $2,025,000 or the admission revenues for the 2008 Ohio State | 56959 |
| Fair are less than $2,065,000 because of inclement weather or | 56960 |
| extraordinary circumstances. These amounts are ninety per cent of | 56961 |
| the projected revenues for each year. | 56962 |
| (B) The Ohio Expositions Commission declares a state of | 56963 |
| fiscal exigency and requests release of funds from the Director of | 56964 |
| Budget and Management. | 56965 |
| (C) The Director of Budget and Management releases the funds. | 56966 |
| The Director of Budget and Management may approve or disapprove | 56967 |
| the request for release of funds, may increase or decrease the | 56968 |
| amount of release, and may place conditions as the Director | 56969 |
| considers necessary on the use of the released funds. The Director | 56970 |
| of Budget and Management may transfer the appropriation from | 56971 |
| fiscal year 2008 to fiscal year 2009 as needed. | 56972 |
| In the event that the Ohio Expositions Commission faces a | 56973 |
| temporary cash shortage that will preclude it from meeting current | 56974 |
| obligations, the Commission may request the Director of Budget and | 56975 |
| Management to approve use of the State Fair Reserve Fund (Fund | 56976 |
| 640) to meet those obligations. The request shall include a plan | 56977 |
| describing how the Commission will eliminate the cash shortage. If | 56978 |
| the Director of Budget and Management approves the expenditures, | 56979 |
| the Commission shall reimburse the State Fair Reserve Fund (Fund | 56980 |
| 640) by the thirtieth day of June of that same fiscal year through | 56981 |
| an intrastate transfer voucher. The amount reimbursed is hereby | 56982 |
| appropriated. | 56983 |
| Section 291.10. GOV OFFICE OF THE GOVERNOR | 56984 |
| General Revenue Fund | 56985 |
| GRF | 040-321 | Operating Expenses | $ | 3,754,045 | $ | 3,754,045 | 56986 | ||||
| GRF | 040-403 | Federal Relations | $ | 435,443 | $ | 435,443 | 56987 | ||||
| GRF | 040-408 | Office of Veterans' Affairs | $ | 287,000 | $ | 298,000 | 56988 | ||||
| TOTAL GRF General Revenue Fund | $ | 4,476,488 | $ | 4,487,488 | 56989 | ||||||
| General Services Fund Group | 56990 |
| 5AK | 040-607 | Federal Relations | $ | 365,149 | $ | 365,149 | 56991 | ||||
| TOTAL GSF General Services Fund Group | $ | 365,149 | $ | 365,149 | 56992 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 4,841,637 | $ | 4,852,637 | 56993 |
| APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR | 56994 |
| The Governor may expend a portion of the foregoing | 56995 |
| appropriation item 040-321, Operating Expenses, to hire or appoint | 56996 |
| legal counsel to be used in proceedings involving the Governor in | 56997 |
| the Governor's official capacity or the Governor's office only, | 56998 |
| without the approval of the Attorney General, notwithstanding | 56999 |
| sections 109.02 and 109.07 of the Revised Code. | 57000 |
| FEDERAL RELATIONS | 57001 |
| A portion of the foregoing appropriation items 040-403, | 57002 |
| Federal Relations, and 040-607, Federal Relations, may be used to | 57003 |
| support Ohio's membership in national or regional associations. | 57004 |
| The Office of the Governor may charge any state agency of the | 57005 |
| executive branch using an intrastate transfer voucher such amounts | 57006 |
| necessary to defray the costs incurred for the conduct of federal | 57007 |
| relations associated with issues that can be attributed to the | 57008 |
| agency. Amounts collected shall be deposited to the Office of the | 57009 |
| Governor Federal Relations Fund (Fund 5AK). | 57010 |
| Section 293.10. DOH DEPARTMENT OF HEALTH | 57011 |
| General Revenue Fund | 57012 |
| GRF | 440-407 | Animal Borne Disease and Prevention | $ | 2,327,101 | $ | 2,327,101 | 57013 | ||||
| GRF | 440-412 | Cancer Incidence Surveillance System | $ | 1,002,619 | $ | 1,002,619 | 57014 | ||||
| GRF | 440-413 | Local Health Department Support | $ | 3,786,794 | $ | 3,786,794 | 57015 | ||||
| GRF | 440-416 | Child and Family Health Services | $ | 10,047,874 | $ | 10,147,874 | 57016 | ||||
| GRF | 440-418 | Immunizations | $ | 9,400,615 | $ | 9,400,615 | 57017 | ||||
| GRF | 440-431 | Free Clinic Liability Insurance | $ | 125,000 | $ | 125,000 | 57018 | ||||
| GRF | 440-437 | Healthy Ohio | $ | 1,502,618 | $ | 2,855,553 | 57019 | ||||
| GRF | 440-444 | AIDS Prevention and Treatment | $ | 7,158,127 | $ | 7,158,127 | 57020 | ||||
| GRF | 440-446 | Infectious Disease Prevention | $ | 200,000 | $ | 200,000 | 57021 | ||||
| GRF | 440-451 | Lab and Public Health Prevention Programs | $ | 6,085,250 | $ | 6,085,250 | 57022 | ||||
| GRF | 440-452 | Child and Family Health Services Match | $ | 1,024,017 | $ | 1,024,017 | 57023 | ||||
| GRF | 440-453 | Health Care Quality Assurance | $ | 10,253,728 | $ | 10,253,728 | 57024 | ||||
| GRF | 440-454 | Local Environmental Health | $ | 889,752 | $ | 889,752 | 57025 | ||||
| GRF | 440-459 | Help Me Grow | $ | 10,923,397 | $ | 14,041,847 | 57026 | ||||
| GRF | 440-505 | Medically Handicapped Children | $ | 10,791,784 | $ | 10,791,784 | 57027 | ||||
| GRF | 440-507 | Targeted Health Care Services Over 21 | $ | 1,681,023 | $ | 1,681,023 | 57028 | ||||
| GRF | 440-511 | Uncompensated Care and Emergency Medical Assistance | $ | 0 | $ | 3,500,000 | 57029 | ||||
| TOTAL GRF General Revenue Fund | $ | 77,199,699 | $ | 85,271,084 | 57030 | ||||||
| General Services Fund Group | 57031 |
| 142 | 440-646 | Agency Health Services | $ | 3,461,915 | $ | 3,461,915 | 57032 | ||||
| 211 | 440-613 | Central Support Indirect Costs | $ | 28,884,707 | $ | 28,884,707 | 57033 | ||||
| 473 | 440-622 | Lab Operating Expenses | $ | 4,954,045 | $ | 4,954,045 | 57034 | ||||
| 683 | 440-633 | Employee Assistance Program | $ | 1,208,214 | $ | 1,208,214 | 57035 | ||||
| 698 | 440-634 | Nurse Aide Training | $ | 170,000 | $ | 170,000 | 57036 | ||||
| TOTAL GSF General Services | 57037 | ||||||||||
| Fund Group | $ | 38,678,881 | $ | 38,678,881 | 57038 | ||||||
| Federal Special Revenue Fund Group | 57039 |
| 320 | 440-601 | Maternal Child Health Block Grant | $ | 30,666,635 | $ | 30,666,635 | 57040 | ||||
| 387 | 440-602 | Preventive Health Block Grant | $ | 7,826,659 | $ | 7,826,659 | 57041 | ||||
| 389 | 440-604 | Women, Infants, and Children | $ | 230,077,451 | $ | 230,077,451 | 57042 | ||||
| 391 | 440-606 | Medicaid/Medicare | $ | 24,850,959 | $ | 24,850,959 | 57043 | ||||
| 392 | 440-618 | Federal Public Health Programs | $ | 136,778,215 | $ | 136,778,215 | 57044 | ||||
| TOTAL FED Federal Special Revenue | 57045 | ||||||||||
| Fund Group | $ | 430,199,919 | $ | 430,199,919 | 57046 | ||||||
| State Special Revenue Fund Group | 57047 |
| 4D6 | 440-608 | Genetics Services | $ | 3,317,000 | $ | 3,317,000 | 57048 | ||||
| 4F9 | 440-610 | Sickle Cell Disease Control | $ | 1,035,344 | $ | 1,035,344 | 57049 | ||||
| 4G0 | 440-636 | Heirloom Birth Certificate | $ | 5,000 | $ | 5,000 | 57050 | ||||
| 4G0 | 440-637 | Birth Certificate Surcharge | $ | 5,000 | $ | 5,000 | 57051 | ||||
| 4L3 | 440-609 | Miscellaneous Expenses | $ | 446,468 | $ | 446,468 | 57052 | ||||
| 4T4 | 440-603 | Child Highway Safety | $ | 233,894 | $ | 233,894 | 57053 | ||||
| 4V6 | 440-641 | Save Our Sight | $ | 1,767,994 | $ | 1,767,994 | 57054 | ||||
| 470 | 440-647 | Fee Supported Programs | $ | 27,946,243 | $ | 25,905,140 | 57055 | ||||
| 471 | 440-619 | Certificate of Need | $ | 869,000 | $ | 898,000 | 57056 | ||||
| 477 | 440-627 | Medically Handicapped Children Audit | $ | 3,693,016 | $ | 3,693,016 | 57057 | ||||
| 5B5 | 440-616 | Quality, Monitoring, and Inspection | $ | 838,479 | $ | 838,479 | 57058 | ||||
| 5CB | 440-640 | Poison Control Centers | $ | 150,000 | $ | 150,000 | 57059 | ||||
| 5CN | 440-645 | Choose Life | $ | 75,000 | $ | 75,000 | 57060 | ||||
| 5C0 | 440-615 | Alcohol Testing and Permit | $ | 1,455,405 | $ | 1,455,405 | 57061 | ||||
| 5D6 | 440-620 | Second Chance Trust | $ | 1,054,951 | $ | 1,054,951 | 57062 | ||||
| 5EC | 440-650 | Health Emergency | $ | 15,312,500 | $ | 0 | 57063 | ||||
| 5ED | 440-651 | Smoke Free Indoor Air | $ | 800,000 | $ | 800,000 | 57064 | ||||
| 5G4 | 440-639 | Adoption Services | $ | 20,000 | $ | 20,000 | 57065 | ||||
| 5L1 | 440-623 | Nursing Facility Technical Assistance Program | $ | 664,282 | $ | 698,595 | 57066 | ||||
| 610 | 440-626 | Radiation Emergency Response | $ | 850,000 | $ | 850,000 | 57067 | ||||
| 666 | 440-607 | Medically Handicapped Children - County Assessments | $ | 14,320,687 | $ | 14,320,687 | 57068 | ||||
| TOTAL SSR State Special Revenue | 57069 | ||||||||||
| Fund Group | $ | 74,860,263 | $ | 57,569,973 | 57070 | ||||||
| Holding Account Redistribution Fund Group | 57071 |
| R14 | 440-631 | Vital Statistics | $ | 70,000 | $ | 70,000 | 57072 | ||||
| R48 | 440-625 | Refunds, Grants Reconciliation, and Audit Settlements | $ | 20,000 | $ | 20,000 | 57073 | ||||
| TOTAL 090 Holding Account | 57074 | ||||||||||
| Redistribution Fund Group | $ | 90,000 | $ | 90,000 | 57075 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 621,028,762 | $ | 611,809,857 | 57076 | ||||||
| Section 293.20. CHILD AND FAMILY HEALTH SERVICES | 57078 |
| Of the foregoing appropriation item 440-416, Child and Family | 57079 |
| Health Services, not more than $1,700,000 in each fiscal year | 57080 |
| shall be used for women's health services. | 57081 |
| Of the foregoing appropriation item 440-416, Child and Family | 57082 |
| Health Services, not more than $270,000 shall be used in each | 57083 |
| fiscal year for the OPTIONS dental care access program. | 57084 |
| Of the foregoing appropriation item 440-416, Child and Family | 57085 |
| Health Services, not more than $1,900,000 in fiscal year 2008 and | 57086 |
| $2,150,000 in fiscal year 2009 shall be used by federally | 57087 |
| qualified health centers and federally designated look-alikes to | 57088 |
| provide services to uninsured low-income persons. | 57089 |
| Of the foregoing appropriation item 440-416, Child and Family | 57090 |
| Health Services, not more than $500,000 in each fiscal year shall | 57091 |
| be used for abstinence and adoption education. The Director of | 57092 |
| Health shall develop guidelines for the establishment of | 57093 |
| abstinence and adoption education programs for teenagers with the | 57094 |
| purpose of decreasing unplanned pregnancies and abortion. The | 57095 |
| guidelines shall be developed pursuant to Title V of the "Social | 57096 |
| Security Act," 42 U.S.C. 510, and shall include, but are not | 57097 |
| limited to, advertising campaigns and direct training in schools | 57098 |
| and other locations. | 57099 |
| Of the foregoing appropriation item 440-416, Child and Family | 57100 |
| Health Services, $10,000 in each fiscal year shall be allocated to | 57101 |
| the Jewish Family Services in Cleveland, $10,000 in each fiscal | 57102 |
| year shall be allocated to the Jewish Family Services in | 57103 |
| Cincinnati, $10,000 shall be allocated in each fiscal year to the | 57104 |
| Jewish Family Services in Columbus, and $10,000 in each fiscal | 57105 |
| year shall be allocated to the Wexner Heritage Village in Columbus | 57106 |
| for interpreters for health care. | 57107 |
| Of the foregoing appropriation item 440-416, Child and Family | 57108 |
| Health Services, $10,000 in each fiscal year shall be provided to | 57109 |
| the Jewish Family Services in Dayton, $5,000 in each fiscal year | 57110 |
| shall be provided to the Jewish Community Center in Akron, $5,000 | 57111 |
| in each fiscal year shall be provided to the Jewish Community | 57112 |
| Center in Sylvania, $2,500 in each fiscal year shall be provided | 57113 |
| to the Jewish Community Center in Youngstown, and $2,500 in each | 57114 |
| fiscal year shall be provided to the Jewish Community Center in | 57115 |
| Canton. | 57116 |
| Of the foregoing appropriation item 440-416, Child and Family | 57117 |
| Health Services, $16,667 in each fiscal year shall be allocated to | 57118 |
| the Yassenoff Jewish Community Center, $16,667 in each fiscal year | 57119 |
| shall be allocated to the Jewish Community Center in Cincinnati, | 57120 |
| and $16,666 in each fiscal year shall be allocated to the Jewish | 57121 |
| Community Center in Cleveland for children's health and nutrition | 57122 |
| camp programs. | 57123 |
| Of the foregoing appropriation item 440-416, Child and Family | 57124 |
| Health Services, $16,666 in each fiscal year shall be allocated to | 57125 |
| the Athens Community Center. | 57126 |
| Of the foregoing appropriation item 440-416, Child and Family | 57127 |
| Health Services, $500,000 in fiscal year 2008 and $300,000 in | 57128 |
| fiscal year 2009 shall be used for the establishment of the Autism | 57129 |
| Diagnosis Education Pilot Program. Not later than December 31, | 57130 |
| 2008, the Director of Health shall compile and submit to the | 57131 |
| Governor and the General Assembly a written report describing the | 57132 |
| action taken under the Autism Diagnosis Education Pilot Program | 57133 |
| since the effective date of this section. Not later than December | 57134 |
| 31, 2009, the Director shall compile and submit to the Governor | 57135 |
| and the General Assembly a written report describing the action | 57136 |
| taken under the Pilot Program since December 31, 2008. | 57137 |
| Of the foregoing appropriation item 440-416, Child and Family | 57138 |
| Health Services, $100,000 in each fiscal year shall be allocated | 57139 |
| to the Compdrug Teen Dating Violence Prevention Project in | 57140 |
| Franklin County. | 57141 |
| Of the foregoing appropriation item, 440-416, Child and | 57142 |
| Family Health Services, $2,500,000 in each fiscal year shall be | 57143 |
| used for breast and cervical cancer treatments. | 57144 |
| Section 293.25. COLLEGE PREGNANCY AND PARENTING OFFICES PILOT | 57145 |
| PROGRAM | 57146 |
| (A) As used in this section, "institution of higher | 57147 |
| education" means a public or private university or college in this | 57148 |
| state, including a community college or state community college. | 57149 |
| (B) The Director of Health shall conduct a pilot program in | 57150 |
| fiscal year 2009 for the purpose of awarding grants to up to four | 57151 |
| institutions of higher education to establish and operate on a | 57152 |
| selected institution's campus an office that provides support to | 57153 |
| students who are pregnant or who are the parents or legal | 57154 |
| guardians of one or more minors. Planning for the pilot program | 57155 |
| shall commence in fiscal year 2008. | 57156 |
| (C) An institution of higher education may apply for a grant | 57157 |
| by completing and submitting an application form supplied by the | 57158 |
| Director. The Director may require the institution to submit | 57159 |
| additional information after the Director has reviewed the | 57160 |
| application. | 57161 |
| (D) Before awarding a grant, the Director shall secure a | 57162 |
| written agreement in which the proposed grantee commits to doing | 57163 |
| all of the following: | 57164 |
| (1) Locating the office described in division (B) of this | 57165 |
| section on the campus of the institution. | 57166 |
| (2) Assessing the institution's performance in both of the | 57167 |
| following areas: | 57168 |
| (a) Offering health insurance plans to students that include | 57169 |
| coverage for prenatal and postpartum care and riders for the | 57170 |
| coverage of additional family members; | 57171 |
| (b) Providing services or items that meet the needs of | 57172 |
| students who are pregnant or who are the parents or legal | 57173 |
| guardians of one or more minors, including family housing, child | 57174 |
| care, flexible or alternative academic scheduling, education | 57175 |
| concerning responsible parenting and healthy marriages, maternity | 57176 |
| and infant clothing, formula and baby food, and baby furniture. | 57177 |
| (3) Identifying and establishing programs with public and | 57178 |
| private service providers located on campus and in the local | 57179 |
| community that are qualified to meet the needs described in | 57180 |
| division (D)(2)(b) of this section. | 57181 |
| (4) Assisting students in locating and obtaining services | 57182 |
| that meet the needs described in division (D)(2)(b) of this | 57183 |
| section. | 57184 |
| (5) Providing, on the request of an individual student, | 57185 |
| referrals for prenatal care and delivery, infant or foster care, | 57186 |
| or adoption. The office shall make referrals only to persons or | 57187 |
| governmental entities that primarily serve parents, prospective | 57188 |
| parents awaiting adoption, pregnant women who plan to parent or | 57189 |
| place a child for adoption, or married couples or couples that | 57190 |
| plan on marrying in order to provide a supportive environment for | 57191 |
| each other and one or more minors. | 57192 |
| (6) Providing, by a date determined by the Director, a | 57193 |
| written report to the Director that itemizes the office's | 57194 |
| expenditures during the fiscal year and meets the format or form | 57195 |
| established by the Director under division (E) of this section. | 57196 |
| (7) Providing, after the Director's review of the report | 57197 |
| described in division (D)(6) of this section, any additional | 57198 |
| information requested by the Director. | 57199 |
| (E) The Director shall establish a format or form for the | 57200 |
| written report that must be provided by an institution under | 57201 |
| division (D)(6) of this section. In establishing the format or | 57202 |
| form, the Director shall identify specific performance criteria | 57203 |
| the institution must address in the report. | 57204 |
| (F) The Director may adopt any rules necessary to implement | 57205 |
| this section. The rules shall be adopted in accordance with | 57206 |
| Chapter 119. of the Revised Code. | 57207 |
| (G) Of the foregoing appropriation item 440-416, Child and | 57208 |
| Family Health Services, $50,000 in fiscal year 2009 shall be used | 57209 |
| to make grants for the pilot program described in this section. | 57210 |
| Section 293.30. HEALTHY OHIO | 57211 |
| The Department of Health may use appropriation item 440-437, | 57212 |
| Healthy Ohio, to complete an inventory of prevention programs so | 57213 |
| that it may better target prevention funding, to fund programs to | 57214 |
| decrease minority health disparities, and to fund care | 57215 |
| coordination models to improve health outcomes for individuals | 57216 |
| with catastrophic health conditions. | 57217 |
| HIV/AIDS PREVENTION/TREATMENT | 57218 |
| Of the foregoing appropriation item 440-444, AIDS Prevention | 57219 |
| and Treatment, not more than $6.7 million in each fiscal year | 57220 |
| shall be used to assist persons with HIV/AIDS in acquiring | 57221 |
| HIV-related medications. | 57222 |
| INFECTIOUS DISEASE PREVENTION | 57223 |
| The foregoing appropriation item 440-446, Infectious Disease | 57224 |
| Prevention, shall be used for the purchase of drugs for sexually | 57225 |
| transmitted diseases. | 57226 |
| HELP ME GROW | 57227 |
| The foregoing appropriation item 440-459, Help Me Grow, shall | 57228 |
| be used by the Department of Health to distribute subsidies to | 57229 |
| counties to implement the Help Me Grow Program. Appropriation item | 57230 |
| 440-459, Help Me Grow, may be used in conjunction with Temporary | 57231 |
| Assistance for Needy Families from the Department of Job and | 57232 |
| Family Services, Early Intervention funding from the Department of | 57233 |
| Mental Retardation and Developmental Disabilities, and in | 57234 |
| conjunction with other early childhood funds and services to | 57235 |
| promote the optimal development of young children. Local contracts | 57236 |
| shall be developed between local departments of job and family | 57237 |
| services and family and children first councils for the | 57238 |
| administration of TANF funding for the Help Me Grow Program. The | 57239 |
| Department of Health shall enter into an interagency agreement | 57240 |
| with the Department of Education, Department of Mental Retardation | 57241 |
| and Developmental Disabilities, Department of Job and Family | 57242 |
| Services, and Department of Mental Health to ensure that all early | 57243 |
| childhood programs and initiatives are coordinated and school | 57244 |
| linked. | 57245 |
| TARGETED HEALTH CARE SERVICES OVER 21 | 57246 |
| In each fiscal year, of the foregoing appropriation item | 57247 |
| 440-507, Targeted Health Care Services Over 21, $731,023 shall be | 57248 |
| used to administer the cystic fibrosis program and implement the | 57249 |
| Hemophilia Insurance Premium Payment Program. | 57250 |
| Of the foregoing appropriation item 440-507, Targeted Health | 57251 |
| Care Services Over 21, $900,000 in each fiscal year shall be used | 57252 |
| to provide essential medications and to pay the copayments for | 57253 |
| drugs approved by the Department of Health and covered by Medicare | 57254 |
| Part D that are dispensed to Bureau for Children with Medical | 57255 |
| Handicaps (BCMH) participants for the cystic fibrosis program. | 57256 |
| These funds also may be used, to the extent that funding is | 57257 |
| available, to provide up to 18 in-patient hospital days for | 57258 |
| participants in the cystic fibrosis program. The Department shall | 57259 |
| expend all of these earmarked funds. | 57260 |
| UNCOMPENSATED CARE AND EMERGENCY MEDICAL | 57261 |
| The foregoing appropriation item 440-511, Uncompensated Care | 57262 |
| and Emergency Medical Assistance, shall be used to fund programs | 57263 |
| that provide health care without ability to pay. This is not an | 57264 |
| entitlement program and services are offered only to the extent | 57265 |
| that funding is available. | 57266 |
| MATERNAL CHILD HEALTH BLOCK GRANT | 57267 |
| Of the foregoing appropriation item 440-601, Maternal Child | 57268 |
| Health Block Grant (Fund 320), $2,091,299 shall be used in each | 57269 |
| fiscal year for the purposes of abstinence and adoption education. | 57270 |
| The Director of Health shall develop guidelines for the | 57271 |
| establishment of abstinence and adoption education programs for | 57272 |
| teenagers with the purpose of decreasing unplanned pregnancies and | 57273 |
| abortion. The guidelines shall be developed under Title V of the | 57274 |
| "Social Security Act," 42 U.S.C. 510, and shall include, but are | 57275 |
| not limited to, advertising campaigns and direct training in | 57276 |
| schools and other locations. | 57277 |
| GENETICS SERVICES | 57278 |
| The foregoing appropriation item 440-608, Genetics Services | 57279 |
| (Fund 4D6), shall be used by the Department of Health to | 57280 |
| administer programs authorized by sections 3701.501 and 3701.502 | 57281 |
| of the Revised Code. None of these funds shall be used to counsel | 57282 |
| or refer for abortion, except in the case of a medical emergency. | 57283 |
| MEDICALLY HANDICAPPED CHILDREN AUDIT | 57284 |
| The Medically Handicapped Children Audit Fund (Fund 477) | 57285 |
| shall receive revenue from audits of hospitals and recoveries from | 57286 |
| third-party payers. Moneys may be expended for payment of audit | 57287 |
| settlements and for costs directly related to obtaining recoveries | 57288 |
| from third-party payers and for encouraging Medically Handicapped | 57289 |
| Children's Program recipients to apply for third-party benefits. | 57290 |
| Moneys also may be expended for payments for diagnostic and | 57291 |
| treatment services on behalf of medically handicapped children, as | 57292 |
| defined in division (A) of section 3701.022 of the Revised Code, | 57293 |
| and Ohio residents who are twenty-one or more years of age and who | 57294 |
| are suffering from cystic fibrosis or hemophilia. Moneys may also | 57295 |
| be expended for administrative expenses incurred in operating the | 57296 |
| Medically Handicapped Children's Program. | 57297 |
| TRANSFER FROM STATE FIRE MARSHAL'S FUND (FUND 546) TO THE | 57298 |
| POISON CONTROL FUND (FUND 5CB) IN THE DEPARTMENT OF HEALTH | 57299 |
| Notwithstanding section 3737.71 of the Revised Code, on July | 57300 |
| 1, 2007, or as soon as possible thereafter, the Director of Budget | 57301 |
| and Management shall transfer $150,000 cash from the State Fire | 57302 |
| Marshal's Fund (Fund 546) in the Department of Commerce to the | 57303 |
| Poison Control Fund (Fund 5CB) in the Department of Health, which | 57304 |
| is hereby created. Notwithstanding section 3737.71 of the Revised | 57305 |
| Code, on July 1, 2008, or as soon as possible thereafter, the | 57306 |
| Director of Budget and Management shall transfer $150,000 cash | 57307 |
| from the State Fire Marshal's Fund (Fund 546) in the Department of | 57308 |
| Commerce to the Poison Control Fund (Fund 5CB) in the Department | 57309 |
| of Health. | 57310 |
| POISON CONTROL CENTERS | 57311 |
| Of the foregoing appropriation item 440-640, Poison Control | 57312 |
| Centers, in each fiscal year, the poison control centers in the | 57313 |
| municipal corporations of Cleveland, Cincinnati, and Columbus | 57314 |
| shall each receive an allocation of $50,000. | 57315 |
| Of the foregoing appropriation item 440-620, Second Chance | 57316 |
| Trust (Fund 5D6), $52,000 in fiscal year 2008 shall be earmarked | 57317 |
| for the Central Ohio Lions Eye Bank. | 57318 |
| CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND | 57319 |
| PERMIT FUND | 57320 |
| The Director of Budget and Management, pursuant to a plan | 57321 |
| submitted by the Department of Health, or as otherwise determined | 57322 |
| by the Director of Budget and Management, shall set a schedule to | 57323 |
| transfer cash from the Liquor Control Fund (Fund 043) to the | 57324 |
| Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating | 57325 |
| needs of the Alcohol Testing and Permit program. | 57326 |
| The Director of Budget and Management shall transfer to the | 57327 |
| Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control | 57328 |
| Fund (Fund 043) created in section 4301.12 of the Revised Code | 57329 |
| such amounts at such times as determined by the transfer schedule. | 57330 |
| MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS | 57331 |
| The foregoing appropriation item 440-607, Medically | 57332 |
| Handicapped Children - County Assessments (Fund 666), shall be | 57333 |
| used to make payments under division (E) of section 3701.023 of | 57334 |
| the Revised Code. | 57335 |
| Section 293.40. NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM | 57336 |
| The Director of Budget and Management shall transfer, on July | 57337 |
| 1, 2007, or as soon as possible thereafter, cash from Fund 4E3, | 57338 |
| Resident Protection Fund, in the Ohio Department of Job and Family | 57339 |
| Services, to Fund 5L1, Nursing Facility Technical Assistance | 57340 |
| Program Fund, in the Ohio Department of Health, to be used under | 57341 |
| section 3721.026 of the Revised Code. The transfers shall equal | 57342 |
| $410,111 in fiscal year 2008 and $698,595 in fiscal year 2009. | 57343 |
| CASH TRANSFER FROM FEDERAL PUBLIC HEALTH PROGRAMS FUND TO | 57344 |
| AGENCY HEALTH SERVICES FUND | 57345 |
| As soon as possible on or after July 1, 2007, the Director of | 57346 |
| Health shall certify to the Director of Budget and Management the | 57347 |
| amount of cash to be transferred from the Federal Public Health | 57348 |
| Programs Fund (Fund 392) to the Agency Health Services Fund (Fund | 57349 |
| 142) to meet the operating needs of the Vital Statistics Program. | 57350 |
| The Director of Budget and Management shall transfer the amount | 57351 |
| certified. | 57352 |
| Section 295.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION | 57353 |
| Agency Fund Group | 57354 |
| 461 | 372-601 | Operating Expenses | $ | 16,819 | $ | 16,819 | 57355 | ||||
| TOTAL AGY Agency Fund Group | $ | 16,819 | $ | 16,819 | 57356 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 16,819 | $ | 16,819 | 57357 | ||||||
| Section 297.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS | 57359 |
| General Revenue Fund | 57360 |
| GRF | 148-100 | Personal Services | $ | 160,121 | $ | 167,156 | 57361 | ||||
| GRF | 148-200 | Maintenance | $ | 40,000 | $ | 40,000 | 57362 | ||||
| GRF | 148-402 | Community Projects | $ | 500,000 | $ | 500,000 | 57363 | ||||
| TOTAL GRF General Revenue Fund | $ | 700,121 | $ | 707,156 | 57364 | ||||||
| General Services Fund Group | 57365 |
| 601 | 148-602 | Gifts and Miscellaneous | $ | 20,000 | $ | 20,000 | 57366 | ||||
| TOTAL GSF General Services | 57367 | ||||||||||
| Fund Group | $ | 20,000 | $ | 20,000 | 57368 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 720,121 | $ | 727,156 | 57369 | ||||||
| Section 299.10. OHS OHIO HISTORICAL SOCIETY | 57371 |
| General Revenue Fund | 57372 |
| GRF | 360-501 | Operating Subsidy | $ | 3,349,244 | $ | 3,349,252 | 57373 | ||||
| GRF | 360-502 | Site and Museum Operations | $ | 8,401,781 | $ | 8,401,788 | 57374 | ||||
| GRF | 360-504 | Ohio Preservation Office | $ | 417,516 | $ | 415,381 | 57375 | ||||
| GRF | 360-505 | National Afro-American Museum | $ | 754,884 | $ | 754,884 | 57376 | ||||
| GRF | 360-506 | Hayes Presidential Center | $ | 509,231 | $ | 509,231 | 57377 | ||||
| GRF | 360-508 | State Historical Grants | $ | 175,000 | $ | 175,000 | 57378 | ||||
| TOTAL GRF General Revenue Fund | $ | 13,607,656 | $ | 13,605,536 | 57379 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 13,607,656 | $ | 13,605,536 | 57380 | ||||||
| SUBSIDY APPROPRIATION | 57381 |
| Upon approval by the Director of Budget and Management, the | 57382 |
| foregoing appropriation items shall be released to the Ohio | 57383 |
| Historical Society in quarterly amounts that in total do not | 57384 |
| exceed the annual appropriations. The funds and fiscal records of | 57385 |
| the society for fiscal years 2008 and 2009 shall be examined by | 57386 |
| independent certified public accountants approved by the Auditor | 57387 |
| of State, and a copy of the audited financial statements shall be | 57388 |
| filed with the Office of Budget and Management. The society shall | 57389 |
| prepare and submit to the Office of Budget and Management the | 57390 |
| following: | 57391 |
| (A) An estimated operating budget for each fiscal year of the | 57392 |
| biennium. The operating budget shall be submitted at or near the | 57393 |
| beginning of each calendar year. | 57394 |
| (B) Financial reports, indicating actual receipts and | 57395 |
| expenditures for the fiscal year to date. These reports shall be | 57396 |
| filed at least semiannually during the fiscal biennium. | 57397 |
| The foregoing appropriations shall be considered to be the | 57398 |
| contractual consideration provided by the state to support the | 57399 |
| state's offer to contract with the Ohio Historical Society under | 57400 |
| section 149.30 of the Revised Code. | 57401 |
| HAYES PRESIDENTIAL CENTER | 57402 |
| If a United States government agency, including, but not | 57403 |
| limited to, the National Park Service, chooses to take over the | 57404 |
| operations or maintenance of the Hayes Presidential Center, in | 57405 |
| whole or in part, the Ohio Historical Society shall make | 57406 |
| arrangements with the National Park Service or other United States | 57407 |
| government agency for the efficient transfer of operations or | 57408 |
| maintenance. | 57409 |
| HISTORICAL GRANTS | 57410 |
| Of the foregoing appropriation item 360-508, State Historical | 57411 |
| Grants, $75,000 in each fiscal year shall be distributed to the | 57412 |
| Center for Holocaust and Humanity Education located at the Hebrew | 57413 |
| Union College-Jewish Institute of Religion in Cincinnati, $50,000 | 57414 |
| in each fiscal year shall be distributed to the Western Reserve | 57415 |
| Historical Society, and $50,000 in each fiscal year shall be | 57416 |
| distributed to the Cincinnati Museum Center. | 57417 |
| PROCESSING FEES | 57418 |
| The Ohio Historical Society shall not charge or retain an | 57419 |
| administrative, service, or processing fee for distributing money | 57420 |
| that the General Assembly appropriates to the Society for grants | 57421 |
| or subsidies that the Society provides to other entities for their | 57422 |
| site-related programs. | 57423 |
| Section 301.10. REP OHIO HOUSE OF REPRESENTATIVES | 57424 |
| General Revenue Fund | 57425 |
| GRF | 025-321 | Operating Expenses | $ | 20,574,568 | $ | 20,574,568 | 57426 | ||||
| TOTAL GRF General Revenue Fund | $ | 20,574,568 | $ | 20,574,568 | 57427 | ||||||
| General Services Fund Group | 57428 |
| 103 | 025-601 | House Reimbursement | $ | 1,433,664 | $ | 1,433,664 | 57429 | ||||
| 4A4 | 025-602 | Miscellaneous Sales | $ | 37,849 | $ | 37,849 | 57430 | ||||
| TOTAL GSF General Services | 57431 | ||||||||||
| Fund Group | $ | 1,471,513 | $ | 1,471,513 | 57432 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 22,046,081 | $ | 22,046,081 | 57433 | ||||||
| OPERATING EXPENSES | 57434 |
| On July 1, 2007, or as soon as possible thereafter, the Chief | 57435 |
| Administrative Officer of the House of Representatives shall | 57436 |
| certify to the Director of Budget and Management the total fiscal | 57437 |
| year 2007 unencumbered appropriations in appropriation item | 57438 |
| 025-321, Operating Expenses. The Chief Administrative Officer may | 57439 |
| direct the Director of Budget and Management to transfer an amount | 57440 |
| not to exceed the total fiscal year 2007 unencumbered | 57441 |
| appropriations to fiscal year 2008 for use within appropriation | 57442 |
| item 025-321, Operating Expenses. Additional appropriation | 57443 |
| authority equal to the amount certified by the Chief | 57444 |
| Administrative Officer is hereby appropriated to appropriation | 57445 |
| item 025-321, Operating Expenses, in fiscal year 2008. | 57446 |
| On July 1, 2008, or as soon as possible thereafter, the Chief | 57447 |
| Administrative Officer of the House of Representatives shall | 57448 |
| certify to the Director of Budget and Management the total fiscal | 57449 |
| year 2008 unencumbered appropriations in appropriation item | 57450 |
| 025-321, Operating Expenses. The Chief Administrative Officer may | 57451 |
| direct the Director of Budget and Management to transfer an amount | 57452 |
| not to exceed the total fiscal year 2008 unencumbered | 57453 |
| appropriations to fiscal year 2009 for use within appropriation | 57454 |
| item 025-321, Operating Expenses. Additional appropriation | 57455 |
| authority equal to the amount certified by the Chief | 57456 |
| Administrative Officer is hereby appropriated to appropriation | 57457 |
| item 025-321, Operating Expenses, in fiscal year 2009. | 57458 |
| Section 303.10. HFA OHIO HOUSING FINANCE AGENCY | 57459 |
| Agency Fund Group | 57460 |
| 5AZ | 997-601 | Housing Finance Agency Personal Services | $ | 9,750,953 | $ | 10,237,491 | 57461 | ||||
| TOTAL AGY Agency Fund Group | $ | 9,750,953 | $ | 10,237,491 | 57462 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 9,750,953 | $ | 10,237,491 | 57463 | ||||||
| Section 305.10. IGO OFFICE OF THE INSPECTOR GENERAL | 57465 |
| General Revenue Fund | 57466 |
| GRF | 965-321 | Operating Expenses | $ | 1,367,372 | $ | 1,437,901 | 57467 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,367,372 | $ | 1,437,901 | 57468 | ||||||
| General Services Fund Group | 57469 |
| 4Z3 | 965-602 | Special Investigations | $ | 425,000 | $ | 425,000 | 57470 | ||||
| TOTAL GSF General Services Fund Group | $ | 425,000 | $ | 425,000 | 57471 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,792,372 | $ | 1,862,901 | 57472 | ||||||
| Section 307.10. INS DEPARTMENT OF INSURANCE | 57474 |
| Federal Special Revenue Fund Group | 57475 |
| 3U5 | 820-602 | OSHIIP Operating Grant | $ | 1,100,000 | $ | 1,100,000 | 57476 | ||||
| TOTAL FED Federal Special | 57477 | ||||||||||
| Revenue Fund Group | $ | 1,100,000 | $ | 1,100,000 | 57478 | ||||||
| State Special Revenue Fund Group | 57479 |
| 554 | 820-601 | Operating Expenses - OSHIIP | $ | 553,750 | $ | 569,269 | 57480 | ||||
| 554 | 820-606 | Operating Expenses | $ | 23,350,236 | $ | 23,802,797 | 57481 | ||||
| 555 | 820-605 | Examination | $ | 7,639,581 | $ | 7,868,768 | 57482 | ||||
| TOTAL SSR State Special Revenue | 57483 | ||||||||||
| Fund Group | $ | 31,543,567 | $ | 32,240,834 | 57484 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 32,643,567 | $ | 33,340,834 | 57485 | ||||||
| MARKET CONDUCT EXAMINATION | 57486 |
| When conducting a market conduct examination of any insurer | 57487 |
| doing business in this state, the Superintendent of Insurance may | 57488 |
| assess the costs of the examination against the insurer. The | 57489 |
| superintendent may enter into consent agreements to impose | 57490 |
| administrative assessments or fines for conduct discovered that | 57491 |
| may be violations of statutes or rules administered by the | 57492 |
| superintendent. All costs, assessments, or fines collected shall | 57493 |
| be deposited to the credit of the Department of Insurance | 57494 |
| Operating Fund (Fund 554). | 57495 |
| EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES | 57496 |
| The Director of Budget and Management, at the request of the | 57497 |
| Superintendent of Insurance, may transfer funds from the | 57498 |
| Department of Insurance Operating Fund (Fund 554), established by | 57499 |
| section 3901.021 of the Revised Code, to the Superintendent's | 57500 |
| Examination Fund (Fund 555), established by section 3901.071 of | 57501 |
| the Revised Code, only for expenses incurred in examining domestic | 57502 |
| fraternal benefit societies as required by section 3921.28 of the | 57503 |
| Revised Code. | 57504 |
| TRANSFER FROM FUND 554 TO GENERAL REVENUE FUND | 57505 |
| Not later than the thirty-first day of July each fiscal year, | 57506 |
| the Director of Budget and Management shall transfer $5,000,000 | 57507 |
| from the Department of Insurance Operating Fund to the General | 57508 |
| Revenue Fund. | 57509 |
| Section 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES | 57510 |
| General Revenue Fund | 57511 |
| GRF | 600-321 | Support Services | 57512 | ||||||||
| State | $ | 50,710,978 | $ | 52,496,413 | 57513 | ||||||
| Federal | $ | 10,460,286 | $ | 11,290,237 | 57514 | ||||||
| Support Services Total | $ | 61,171,264 | $ | 63,786,650 | 57515 | ||||||
| GRF | 600-410 | TANF State | $ | 272,619,061 | $ | 272,619,061 | 57516 | ||||
| GRF | 600-413 | Child Care Match/Maintenance of Effort | $ | 84,120,596 | $ | 84,120,596 | 57517 | ||||
| GRF | 600-416 | Computer Projects | 57518 | ||||||||
| State | $ | 115,701,181 | $ | 116,419,033 | 57519 | ||||||
| Federal | $ | 21,548,144 | $ | 21,192,117 | 57520 | ||||||
| Computer Projects Total | $ | 137,249,325 | $ | 137,611,150 | 57521 | ||||||
| GRF | 600-420 | Child Support Administration | $ | 8,541,446 | $ | 10,641,446 | 57522 | ||||
| GRF | 600-421 | Office of Family Stability | $ | 4,614,932 | $ | 4,614,932 | 57523 | ||||
| GRF | 600-423 | Office of Children and Families | $ | 5,650,000 | $ | 5,900,000 | 57524 | ||||
| GRF | 600-425 | Office of Ohio Health Plans | 57525 | ||||||||
| State | $ | 22,500,000 | $ | 22,500,000 | 57526 | ||||||
| Federal | $ | 23,324,848 | $ | 23,418,368 | 57527 | ||||||
| Office of Ohio Health Plans Total | $ | 45,824,848 | $ | 45,918,368 | 57528 | ||||||
| GRF | 600-502 | Administration - Local | $ | 34,014,103 | $ | 34,014,103 | 57529 | ||||
| GRF | 600-511 | Disability Financial Assistance | $ | 24,028,480 | $ | 25,335,908 | 57530 | ||||
| GRF | 600-512 | Non-TANF Disaster Assistance | $ | 1,000,000 | $ | 1,000,000 | 57531 | ||||
| GRF | 600-521 | Entitlement Administration - Local | $ | 130,000,000 | $ | 130,000,000 | 57532 | ||||
| GRF | 600-523 | Children and Families Services | $ | 78,515,135 | $ | 78,515,135 | 57533 | ||||
| GRF | 600-525 | Health Care/Medicaid | 57534 | ||||||||
| State | $ | 3,428,852,719 | $ | 3,558,124,242 | 57535 | ||||||
| Federal | $ | 5,205,558,695 | $ | 5,707,943,410 | 57536 | ||||||
| Health Care Total | $ | 8,634,411,414 | $ | 9,266,067,652 | 57537 | ||||||
| GRF | 600-526 | Medicare Part D | $ | 254,397,401 | $ | 271,854,640 | 57538 | ||||
| GRF | 600-528 | Adoption Services | 57539 | ||||||||
| State | $ | 40,043,266 | $ | 43,978,301 | 57540 | ||||||
| Federal | $ | 44,081,243 | $ | 49,196,065 | 57541 | ||||||
| Adoption Services Total | $ | 84,124,509 | $ | 93,174,366 | 57542 | ||||||
| TOTAL GRF General Revenue Fund | 57543 | ||||||||||
| State | $ | 4,555,309,298 | $ | 4,712,133,810 | 57544 | ||||||
| Federal | $ | 5,304,973,216 | $ | 5,813,040,197 | 57545 | ||||||
| GRF Total | $ | 9,860,282,514 | $ | 10,525,174,007 | 57546 | ||||||
| General Services Fund Group | 57547 |
| 4A8 | 600-658 | Child Support Collections | $ | 26,680,794 | $ | 26,680,794 | 57548 | ||||
| 4R4 | 600-665 | BCII Services/Fees | $ | 36,974 | $ | 36,974 | 57549 | ||||
| 5BG | 600-653 | Managed Care Assessment | $ | 210,655,034 | $ | 222,667,304 | 57550 | ||||
| 5C9 | 600-671 | Medicaid Program Support | $ | 80,120,048 | $ | 80,120,048 | 57551 | ||||
| 5DL | 600-639 | Medicaid Revenue and Collections | $ | 51,966,785 | $ | 56,296,844 | 57552 | ||||
| 5N1 | 600-677 | County Technologies | $ | 1,000,000 | $ | 1,000,000 | 57553 | ||||
| 5P5 | 600-692 | Health Care Services | $ | 93,000,000 | $ | 62,000,000 | 57554 | ||||
| 613 | 600-645 | Training Activities | $ | 135,000 | $ | 135,000 | 57555 | ||||
| TOTAL GSF General Services | 57556 | ||||||||||
| Fund Group | $ | 463,594,635 | $ | 448,936,964 | 57557 | ||||||
| Federal Special Revenue Fund Group | 57558 |
| 3AW | 600-675 | Faith Based Initiatives | $ | 1,000,000 | $ | 1,000,000 | 57559 | ||||
| 3A2 | 600-641 | Emergency Food Distribution | $ | 2,900,000 | $ | 3,500,000 | 57560 | ||||
| 3D3 | 600-648 | Children's Trust Fund Federal | $ | 2,040,524 | $ | 2,040,524 | 57561 | ||||
| 3F0 | 600-623 | Health Care Federal | $ | 1,209,188,383 | $ | 1,211,196,561 | 57562 | ||||
| 3F0 | 600-650 | Hospital Care Assurance Match | $ | 343,239,047 | $ | 343,239,047 | 57563 | ||||
| 3G5 | 600-655 | Interagency Reimbursement | $ | 1,469,763,073 | $ | 1,513,855,965 | 57564 | ||||
| 3H7 | 600-617 | Child Care Federal | $ | 207,269,463 | $ | 200,167,593 | 57565 | ||||
| 3N0 | 600-628 | IV-E Foster Care Maintenance | $ | 153,963,142 | $ | 153,963,142 | 57566 | ||||
| 3S5 | 600-622 | Child Support Projects | $ | 534,050 | $ | 534,050 | 57567 | ||||
| 3V0 | 600-688 | Workforce Investment Act | $ | 232,568,453 | $ | 233,082,144 | 57568 | ||||
| 3V4 | 600-678 | Federal Unemployment Programs | $ | 147,411,858 | $ | 152,843,414 | 57569 | ||||
| 3V4 | 600-679 | Unemployment Compensation Review Commission - Federal | $ | 3,092,890 | $ | 3,191,862 | 57570 | ||||
| 3V6 | 600-689 | TANF Block Grant | $ | 1,037,739,200 | $ | 1,085,861,099 | 57571 | ||||
| 3W3 | 600-659 | TANF/Title XX Transfer | $ | 9,782,101 | $ | 6,200,000 | 57572 | ||||
| 327 | 600-606 | Child Welfare | $ | 48,514,502 | $ | 47,947,309 | 57573 | ||||
| 331 | 600-686 | Federal Operating | $ | 53,963,318 | $ | 56,263,225 | 57574 | ||||
| 384 | 600-610 | Food Stamps and State Administration | $ | 160,237,060 | $ | 153,147,118 | 57575 | ||||
| 385 | 600-614 | Refugee Services | $ | 10,196,547 | $ | 11,057,826 | 57576 | ||||
| 395 | 600-616 | Special Activities/Child and Family Services | $ | 5,723,131 | $ | 5,717,151 | 57577 | ||||
| 396 | 600-620 | Social Services Block Grant | $ | 114,479,464 | $ | 114,474,085 | 57578 | ||||
| 396 | 600-651 | Second Harvest Food Banks | $ | 5,500,000 | $ | 5,500,000 | 57579 | ||||
| 397 | 600-626 | Child Support | $ | 303,661,307 | $ | 303,538,962 | 57580 | ||||
| 398 | 600-627 | Adoption Maintenance/ Administration | $ | 318,172,168 | $ | 317,483,676 | 57581 | ||||
| TOTAL FED Federal Special Revenue | 57582 | ||||||||||
| Fund Group | $ | 5,840,939,681 | $ | 5,925,804,753 | 57583 | ||||||
| State Special Revenue Fund Group | 57584 |
| 198 | 600-647 | Children's Trust Fund | $ | 6,788,522 | $ | 6,788,522 | 57585 | ||||
| 4A9 | 600-607 | Unemployment Compensation Administration Fund | $ | 12,273,062 | $ | 12,188,996 | 57586 | ||||
| 4A9 | 600-694 | Unemployment Compensation Review Commission | $ | 1,726,938 | $ | 1,811,004 | 57587 | ||||
| 4E3 | 600-605 | Nursing Home Assessments | $ | 4,759,914 | $ | 4,759,914 | 57588 | ||||
| 4E7 | 600-604 | Child and Family Services Collections | $ | 300,000 | $ | 300,000 | 57589 | ||||
| 4J5 | 600-613 | Nursing Facility Bed Assessments | $ | 34,613,984 | $ | 34,613,984 | 57590 | ||||
| 4J5 | 600-618 | Residential State Supplement Payments | $ | 15,700,000 | $ | 15,700,000 | 57591 | ||||
| 4K1 | 600-621 | ICF/MR Bed Assessments | $ | 19,332,437 | $ | 19,332,437 | 57592 | ||||
| 4R3 | 600-687 | Banking Fees | $ | 800,000 | $ | 800,000 | 57593 | ||||
| 4Z1 | 600-625 | HealthCare Compliance | $ | 10,000,000 | $ | 10,000,000 | 57594 | ||||
| 5DB | 600-637 | Military Injury Grants | $ | 2,000,000 | $ | 2,000,000 | 57595 | ||||
| 5ES | 600-630 | Food Assistance | $ | 500,000 | $ | 500,000 | 57596 | ||||
| 5F2 | 600-667 | Building Consolidation | $ | 250,000 | $ | 250,000 | 57597 | ||||
| 5F3 | 600-668 | Building Consolidation | $ | 1,000,000 | $ | 1,000,000 | 57598 | ||||
| 5Q9 | 600-619 | Supplemental Inpatient Hospital Payments | $ | 56,125,998 | $ | 56,125,998 | 57599 | ||||
| 5R2 | 600-608 | Medicaid-Nursing Facilities | $ | 175,000,000 | $ | 175,000,000 | 57600 | ||||
| 5S3 | 600-629 | MR/DD Medicaid Administration and Oversight | $ | 1,620,960 | $ | 1,620,960 | 57601 | ||||
| 5U3 | 600-654 | Health Care Services Administration | $ | 9,867,284 | $ | 12,000,349 | 57602 | ||||
| 5U6 | 600-663 | Children and Family Support | $ | 4,928,718 | $ | 4,928,718 | 57603 | ||||
| 5Z9 | 600-672 | TANF Quality Control Reinvestments | $ | 520,971 | $ | 546,254 | 57604 | ||||
| 651 | 600-649 | Hospital Care Assurance Program Fund | $ | 231,893,404 | $ | 231,893,404 | 57605 | ||||
| TOTAL SSR State Special Revenue | 57606 | ||||||||||
| Fund Group | $ | 590,002,192 | $ | 592,160,540 | 57607 | ||||||
| Agency Fund Group | 57608 |
| 192 | 600-646 | Support Intercept - Federal | $ | 110,000,000 | $ | 110,000,000 | 57609 | ||||
| 5B6 | 600-601 | Food Stamp Intercept | $ | 2,000,000 | $ | 2,000,000 | 57610 | ||||
| 583 | 600-642 | Support Intercept - State | $ | 16,000,000 | $ | 16,000,000 | 57611 | ||||
| TOTAL AGY Agency Fund Group | $ | 128,000,000 | $ | 128,000,000 | 57612 | ||||||
| Holding Account Redistribution Fund Group | 57613 |
| R12 | 600-643 | Refunds and Audit Settlements | $ | 3,600,000 | $ | 3,600,000 | 57614 | ||||
| R13 | 600-644 | Forgery Collections | $ | 10,000 | $ | 10,000 | 57615 | ||||
| TOTAL 090 Holding Account Redistribution Fund Group | $ | 3,610,000 | $ | 3,610,000 | 57616 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 16,886,429,022 | $ | 17,623,686,264 | 57617 | ||||||
| Section 309.20. SUPPORT SERVICES | 57619 |
| Section 309.20.10. GOVERNOR'S OFFICE OF FAITH-BASED AND | 57620 |
| COMMUNITY INITIATIVES | 57621 |
| Of the foregoing appropriation item 600-321, Support | 57622 |
| Services, up to $312,500 per fiscal year may be used to support | 57623 |
| the activities of the Governor's Office of Faith-Based and | 57624 |
| Community Initiatives. | 57625 |
| Section 309.20.30. AGENCY FUND GROUP | 57626 |
| The Agency Fund Group and Holding Account Redistribution Fund | 57627 |
| Group shall be used to hold revenues until the appropriate fund is | 57628 |
| determined or until the revenues are directed to the appropriate | 57629 |
| governmental agency other than the Department of Job and Family | 57630 |
| Services. If it is determined that additional appropriation | 57631 |
| authority is necessary, such amounts are hereby appropriated. | 57632 |
| Section 309.30. MEDICAID | 57633 |
| Section 309.30.10. HEALTH CARE/MEDICAID | 57634 |
| The foregoing appropriation item 600-525, Health | 57635 |
| Care/Medicaid, shall not be limited by section 131.33 of the | 57636 |
| Revised Code. | 57637 |
| Section 309.30.13. CHILDREN'S HOSPITALS | 57638 |
| The Department of Job and Family Services shall submit to the | 57639 |
| United States Secretary of Health and Human Services an amendment | 57640 |
| to the State Medicaid Plan for the purpose of requesting federal | 57641 |
| approval to create a program under which the Department makes | 57642 |
| supplemental Medicaid payments to children's hospitals for | 57643 |
| inpatient services based on federal upper payment limits for | 57644 |
| children's hospitals. On receipt of federal approval, the | 57645 |
| Department shall implement the program. Under the program, the | 57646 |
| Department shall pay children's hospitals the federally allowable | 57647 |
| supplemental payment for hospital discharges qualifying for the | 57648 |
| program and occurring in fiscal year 2008 and fiscal year 2009. | 57649 |
| Of the foregoing appropriation item, 600-525, Health | 57650 |
| Care/Medicaid, up to $6 million (state share) in each fiscal year | 57651 |
| plus the corresponding federal match, if available, shall be used | 57652 |
| by the Department to pay the expenses of the program created under | 57653 |
| this section. | 57654 |
| Section 309.30.16. MEDICAID RESERVE FUND | 57655 |
| The Medicaid Reserve Fund is hereby created in the state | 57656 |
| treasury. | 57657 |
| Not later than July 31, 2007, or as soon as possible | 57658 |
| thereafter, the Director of Budget and Management shall transfer, | 57659 |
| for fiscal year 2008, $100,000,000 in cash from the General | 57660 |
| Revenue Fund to the Medicaid Reserve Fund. | 57661 |
| If at any time during fiscal year 2008 the Director of Budget | 57662 |
| and Management determines that additional appropriations are | 57663 |
| needed in appropriation item 600-525, Health Care/Medicaid, to | 57664 |
| fund the Medicaid Program, the Director of Budget and Management | 57665 |
| may submit a request to the Controlling Board to transfer cash | 57666 |
| from the Medicaid Reserve Fund. The request shall state the | 57667 |
| reasons for the transfer and the additional amounts being | 57668 |
| requested. The request shall be submitted at a regularly scheduled | 57669 |
| meeting of the Controlling Board. If the Controlling Board | 57670 |
| approves the transfer, the Director of Budget and Management shall | 57671 |
| transfer the approved amount of cash from the Medicaid Reserve | 57672 |
| Fund to the General Revenue Fund and increase the state share of | 57673 |
| appropriations in appropriation item 600-525, Health | 57674 |
| Care/Medicaid, and adjust the federal share accordingly. Any such | 57675 |
| transfers and adjustments are hereby appropriated. | 57676 |
| At the end of fiscal year 2008, the Director of Budget and | 57677 |
| Management shall transfer from the Medicaid Reserve Fund all the | 57678 |
| cash balance, including any interest earnings, in excess of any | 57679 |
| transfers approved by the Controlling Board to the credit of the | 57680 |
| General Revenue Fund. The Director of Budget and Management shall | 57681 |
| make transfers to the Budget Stabilization Fund or the Income Tax | 57682 |
| Reduction Fund in accordance with section 131.44 of the Revised | 57683 |
| Code. | 57684 |
| Not later than July 31, 2008, or as soon as possible | 57685 |
| thereafter, the Director of Budget and Management shall transfer, | 57686 |
| for fiscal year 2009, $185,000,000 in cash from the General | 57687 |
| Revenue Fund to the Medicaid Reserve Fund. | 57688 |
| If at any time during fiscal year 2009 the Director of Budget | 57689 |
| and Management determines that additional appropriations are | 57690 |
| needed in appropriation item 600-525, Health Care/Medicaid, to | 57691 |
| fund the Medicaid Program, the Director of Budget and Management | 57692 |
| may submit a request to the Controlling Board to transfer cash | 57693 |
| from the Medicaid Reserve Fund. The request shall state the | 57694 |
| reasons for the transfer and the additional amounts being | 57695 |
| requested. The request shall be submitted at a regularly scheduled | 57696 |
| meeting of the Controlling Board. If the Controlling Board | 57697 |
| approves the transfer, the Director of Budget and Management shall | 57698 |
| transfer the approved amount of cash from the Medicaid Reserve | 57699 |
| Fund to the General Revenue Fund and increase the state share of | 57700 |
| appropriations in appropriation item 600-525, Health | 57701 |
| Care/Medicaid, and adjust the federal share accordingly. Any such | 57702 |
| transfers and adjustments are hereby appropriated. | 57703 |
| At the end of fiscal year 2009, the Director of Budget and | 57704 |
| Management shall transfer from the Medicaid Reserve Fund all the | 57705 |
| cash balance, including any interest earnings, in excess of any | 57706 |
| transfers approved by the Controlling Board to the credit of the | 57707 |
| General Revenue Fund. The Director of Budget and Management shall | 57708 |
| make transfers to the Budget Stabilization Fund and the Income Tax | 57709 |
| Reduction Fund in accordance with section 131.44 of the Revised | 57710 |
| Code. | 57711 |
| Section 309.30.20. FISCAL YEAR 2008 MEDICAID REIMBURSEMENT | 57712 |
| SYSTEM FOR NURSING FACILITIES | 57713 |
| (A) As used in this section: | 57714 |
| "Franchise permit fee," "Medicaid days," "nursing facility," | 57715 |
| and "provider" have the same meanings as in section 5111.20 of the | 57716 |
| Revised Code. | 57717 |
| "Nursing facility services" means nursing facility services | 57718 |
| covered by the Medicaid program that a nursing facility provides | 57719 |
| to a resident of the nursing facility who is a Medicaid recipient | 57720 |
| eligible for Medicaid-covered nursing facility services. | 57721 |
| (B) Except as otherwise provided by this section, the | 57722 |
| provider of a nursing facility that has a valid Medicaid provider | 57723 |
| agreement on June 30, 2007, and a valid Medicaid provider | 57724 |
| agreement during fiscal year 2008 shall be paid, for nursing | 57725 |
| facility services the nursing facility provides during fiscal year | 57726 |
| 2008, the rate calculated for the nursing facility under sections | 57727 |
| 5111.20 to 5111.33 of the Revised Code with the following | 57728 |
| adjustments: | 57729 |
| (1) The cost per case mix-unit calculated under section | 57730 |
| 5111.231 of the Revised Code, the rate for ancillary and support | 57731 |
| costs calculated under section 5111.24 of the Revised Code, the | 57732 |
| rate for capital costs calculated under section 5111.25 of the | 57733 |
| Revised Code, and the rate for tax costs calculated under section | 57734 |
| 5111.242 of the Revised Code shall each be adjusted as follows: | 57735 |
| (a) Increase the cost and rates so calculated by two per | 57736 |
| cent; | 57737 |
| (b) Increase the cost and rates determined under division | 57738 |
| (B)(1)(a) of this section by two per cent; | 57739 |
| (c) Increase the cost and rates determined under division | 57740 |
| (B)(1)(b) of this section by two and eight-tenths per cent. | 57741 |
| (2) The mean payment used in the calculation of the quality | 57742 |
| incentive payment made under section 5111.244 of the Revised Code | 57743 |
| shall be, weighted by Medicaid days, three dollars and six cents | 57744 |
| per Medicaid day. | 57745 |
| (C) If the rate determined for a nursing facility under | 57746 |
| division (B) of this section for nursing facility services | 57747 |
| provided during fiscal year 2008 is more than one hundred three | 57748 |
| and fifty-five one-hundredths per cent of the rate the provider is | 57749 |
| paid for nursing facility services the nursing facility provides | 57750 |
| on June 30, 2007, the Department of Job and Family Services shall | 57751 |
| reduce the nursing facility's fiscal year 2008 rate so that the | 57752 |
| rate is not more than one hundred three and fifty-five hundredths | 57753 |
| per cent of the nursing facility's rate for June 30, 2007. If the | 57754 |
| rate determined for a nursing facility under division (B) of this | 57755 |
| section for nursing facility services provided during fiscal year | 57756 |
| 2008 is less than the rate the provider is paid for nursing | 57757 |
| facility services the nursing facility provides on June 30, 2007, | 57758 |
| the Department shall increase the nursing facility's fiscal year | 57759 |
| 2008 rate so that the rate is not less than the nursing facility's | 57760 |
| rate for June 30, 2007. | 57761 |
| (D) If the United States Centers for Medicare and Medicaid | 57762 |
| Services requires that the franchise permit fee be reduced or | 57763 |
| eliminated, the Department of Job and Family Services shall reduce | 57764 |
| the amount it pays providers of nursing facility services under | 57765 |
| this section as necessary to reflect the loss to the state of the | 57766 |
| revenue and federal financial participation generated from the | 57767 |
| franchise permit fee. | 57768 |
| (E) The Department of Job and Family Services shall follow | 57769 |
| this section in determining the rate to be paid to the provider of | 57770 |
| a nursing facility that has a valid Medicaid provider agreement on | 57771 |
| June 30, 2007, and a valid Medicaid provider agreement during | 57772 |
| fiscal year 2008 notwithstanding anything to the contrary in | 57773 |
| sections 5111.20 to 5111.33 of the Revised Code. | 57774 |
| Section 309.30.30. FISCAL YEAR 2009 MEDICAID REIMBURSEMENT | 57775 |
| SYSTEM FOR NURSING FACILITIES | 57776 |
| (A) As used in this section: | 57777 |
| "Franchise permit fee," "Medicaid days," "nursing facility," | 57778 |
| and "provider" have the same meanings as in section 5111.20 of the | 57779 |
| Revised Code. | 57780 |
| "Nursing facility services" means nursing facility services | 57781 |
| covered by the Medicaid program that a nursing facility provides | 57782 |
| to a resident of the nursing facility who is a Medicaid recipient | 57783 |
| eligible for Medicaid-covered nursing facility services. | 57784 |
| (B) Except as otherwise provided by this section, the | 57785 |
| provider of a nursing facility that has a valid Medicaid provider | 57786 |
| agreement on June 30, 2008, and a valid Medicaid provider | 57787 |
| agreement during fiscal year 2009 shall be paid, for nursing | 57788 |
| facility services the nursing facility provides during fiscal year | 57789 |
| 2009, the rate calculated for the nursing facility under sections | 57790 |
| 5111.20 to 5111.33 of the Revised Code with the following | 57791 |
| adjustments: | 57792 |
| (1) The cost per case mix-unit calculated under section | 57793 |
| 5111.231 of the Revised Code, the rate for ancillary and support | 57794 |
| costs calculated under section 5111.24 of the Revised Code, the | 57795 |
| rate for capital costs calculated under section 5111.25 of the | 57796 |
| Revised Code, and the rate for tax costs calculated under section | 57797 |
| 5111.242 of the Revised Code shall each be adjusted as follows: | 57798 |
| (a) Increase the cost and rates so calculated by two per | 57799 |
| cent; | 57800 |
| (b) Increase the cost and rates determined under division | 57801 |
| (B)(1)(a) of this section by two per cent; | 57802 |
| (c) Increase the cost and rates determined under division | 57803 |
| (B)(1)(b) of this section by two and eight-tenths per cent; | 57804 |
| (d) Increase the cost and rates determined under division | 57805 |
| (B)(1)(c) of this section by one half of a per cent. | 57806 |
| (2) The mean payment used in the calculation of the quality | 57807 |
| incentive payment made under section 5111.244 of the Revised Code | 57808 |
| shall be, weighted by Medicaid days, three dollars and twelve | 57809 |
| cents per Medicaid day. | 57810 |
| (C) If the rate determined for a nursing facility under | 57811 |
| division (B) of this section for nursing facility services | 57812 |
| provided during fiscal year 2009 is more than the rate the | 57813 |
| provider is paid for nursing facility services the nursing | 57814 |
| facility provides on June 30, 2008, the Department of Job and | 57815 |
| Family Services shall reduce the nursing facility's fiscal year | 57816 |
| 2009 rate so that the rate is not more than the nursing facility's | 57817 |
| rate for June 30, 2008. If the rate determined for a nursing | 57818 |
| facility under division (B) of this section for nursing facility | 57819 |
| services provided during fiscal year 2009 is less than the rate | 57820 |
| the provider is paid for nursing facility services the nursing | 57821 |
| facility provides on June 30, 2008, the Department shall increase | 57822 |
| the nursing facility's fiscal year 2009 rate so that the rate is | 57823 |
| not less than the nursing facility's rate for June 30, 2008. | 57824 |
| (D) If the United States Centers for Medicare and Medicaid | 57825 |
| Services requires that the franchise permit fee be reduced or | 57826 |
| eliminated, the Department of Job and Family Services shall reduce | 57827 |
| the amount it pays providers of nursing facility services under | 57828 |
| this section as necessary to reflect the loss to the state of the | 57829 |
| revenue and federal financial participation generated from the | 57830 |
| franchise permit fee. | 57831 |
| (E) The Department of Job and Family Services shall follow | 57832 |
| this section in determining the rate to be paid to the provider of | 57833 |
| a nursing facility that has a valid Medicaid provider agreement on | 57834 |
| June 30, 2008, and a valid Medicaid provider agreement during | 57835 |
| fiscal year 2009 notwithstanding anything to the contrary in | 57836 |
| sections 5111.20 to 5111.33 of the Revised Code. | 57837 |
| Section 309.30.40. FISCAL YEARS 2008 AND 2009 MEDICAID | 57838 |
| REIMBURSEMENT SYSTEM FOR ICFs/MR | 57839 |
| (A) As used in this section: | 57840 |
| "Intermediate care facility for the mentally retarded" has | 57841 |
| the same meaning as in section 5111.20 of the Revised Code. | 57842 |
| "Medicaid days" means all days during which a resident who is | 57843 |
| a Medicaid recipient occupies a bed in an intermediate care | 57844 |
| facility for the mentally retarded that is included in the | 57845 |
| facility's Medicaid-certified capacity. Therapeutic or hospital | 57846 |
| leave days for which payment is made under section 5111.33 of the | 57847 |
| Revised Code are considered Medicaid days proportionate to the | 57848 |
| percentage of the intermediate care facility for the mentally | 57849 |
| retarded's per resident per day rate paid for those days. | 57850 |
| "Per diem rate" means the per diem rate calculated pursuant | 57851 |
| to sections 5111.20 to 5111.33 of the Revised Code. | 57852 |
| (B) Notwithstanding sections 5111.20 to 5111.33 of the | 57853 |
| Revised Code, rates paid to intermediate care facilities for the | 57854 |
| mentally retarded under the Medicaid program shall be subject to | 57855 |
| the following limitations: | 57856 |
| (1) For fiscal year 2008, the mean total per diem rate for | 57857 |
| all intermediate care facilities for the mentally retarded in the | 57858 |
| state, weighted by May 2007 Medicaid days and calculated as of | 57859 |
| July 1, 2007, shall not exceed $266.14. | 57860 |
| (2) For fiscal year 2009, the mean total per diem rate for | 57861 |
| all intermediate care facilities for the mentally retarded in the | 57862 |
| state, weighted by May 2008 Medicaid days and calculated as of | 57863 |
| July 1, 2008, shall not exceed $271.46. | 57864 |
| (3) If the mean total per diem rate for all intermediate care | 57865 |
| facilities for the mentally retarded in the state for fiscal year | 57866 |
| 2008 or 2009, weighted by Medicaid days as specified in division | 57867 |
| (B)(1) or (2) of this section, as appropriate, and calculated as | 57868 |
| of the first day of July of the calendar year in which the fiscal | 57869 |
| year begins, exceeds the amount specified in division (B)(1) or | 57870 |
| (2) of this section, as applicable, the Department of Job and | 57871 |
| Family Services shall reduce the total per diem rate for each | 57872 |
| intermediate care facility for the mentally retarded in the state | 57873 |
| by a percentage that is equal to the percentage by which the mean | 57874 |
| total per diem rate exceeds the amount specified in division | 57875 |
| (B)(1) or (2) of this section for that fiscal year. | 57876 |
| (4) Subsequent to any reduction required by division (B)(3) | 57877 |
| of this section, the rate of an intermediate care facility for the | 57878 |
| mentally retarded shall not be subject to any adjustments | 57879 |
| authorized by sections 5111.20 to 5111.33 of the Revised Code | 57880 |
| during the remainder of the year. | 57881 |
| Section 309.30.45. INCREASE IN MEDICAID RATES FOR PASSPORT | 57882 |
| SERVICES | 57883 |
| As used in this section, "PASSPORT program" means the program | 57884 |
| created under section 173.40 of the Revised Code. | 57885 |
| The Director of Job and Family Services shall amend the rules | 57886 |
| adopted under section 5111.85 of the Revised Code as necessary to | 57887 |
| accomplish the following: | 57888 |
| (A) Increase, for fiscal year 2008, the Medicaid | 57889 |
| reimbursement rates for services provided under the PASSPORT | 57890 |
| program to rates that result in an amount that is three per cent | 57891 |
| higher than the amount resulting from the rates in effect June 30, | 57892 |
| 2007. | 57893 |
| (B) Increase, for fiscal year 2009, the Medicaid | 57894 |
| reimbursement rates for services provided under the PASSPORT | 57895 |
| program to rates that result in an amount that is three per cent | 57896 |
| higher than the amount resulting from the rates in effect June 30, | 57897 |
| 2008. | 57898 |
| Section 309.30.50. HOME FIRST PROGRAM | 57899 |
| (A) As used in this section: | 57900 |
| (1) "Area agency on aging" has the same meaning as in section | 57901 |
| 173.14 of the Revised Code. | 57902 |
| (2) "Long-Term Care Consultation Program" means the program | 57903 |
| the Department of Aging is required to develop under section | 57904 |
| 173.42 of the Revised Code. | 57905 |
| (3) "Long-Term Care Consultation Program administrator" or | 57906 |
| "administrator" means the Department of Aging or, if the | 57907 |
| Department contracts with an area agency on aging or other entity | 57908 |
| to administer the Long-Term Care Consultation Program for a | 57909 |
| particular area, that agency or entity. | 57910 |
| (4) "Nursing facility" has the same meaning as in section | 57911 |
| 5111.20 of the Revised Code. | 57912 |
| (5) "PASSPORT program" means the program created under | 57913 |
| section 173.40 of the Revised Code. | 57914 |
| (B) Each month during fiscal years 2008 and 2009, each area | 57915 |
| agency on aging shall determine whether individuals who reside in | 57916 |
| the area that the area agency on aging serves and are on a waiting | 57917 |
| list for the PASSPORT program have been admitted to a nursing | 57918 |
| facility. If an area agency on aging determines that such an | 57919 |
| individual has been admitted to a nursing facility, the agency | 57920 |
| shall notify the Long-Term Care Consultation Program administrator | 57921 |
| serving the area in which the individual resides about the | 57922 |
| determination. The administrator shall determine whether the | 57923 |
| PASSPORT program is appropriate for the individual and whether the | 57924 |
| individual would rather participate in the PASSPORT program than | 57925 |
| continue residing in the nursing facility. If the administrator | 57926 |
| determines that the PASSPORT program is appropriate for the | 57927 |
| individual and the individual would rather participate in the | 57928 |
| PASSPORT program than continue residing in the nursing facility, | 57929 |
| the administrator shall so notify the Department of Aging. On | 57930 |
| receipt of the notice from the administrator, the Department of | 57931 |
| Aging shall approve the enrollment of the individual in the | 57932 |
| PASSPORT program regardless of whether other individuals who are | 57933 |
| not in a nursing facility are ahead of the individual on the | 57934 |
| PASSPORT program's waiting list. Each quarter, the Department of | 57935 |
| Aging shall certify to the Director of Budget and Management the | 57936 |
| increase in costs of the PASSPORT program based on the total | 57937 |
| expenditures made for the individuals enrolled in the PASSPORT | 57938 |
| program pursuant to this section. | 57939 |
| (C) On a quarterly basis, on receipt of the certified | 57940 |
| expenditures, the Director of Budget and Management may do all of | 57941 |
| the following: | 57942 |
| (1) Transfer the state share of the amount of the actual | 57943 |
| expenditures from GRF appropriation item 600-525, Health | 57944 |
| Care/Medicaid, to GRF appropriation item 490-403, PASSPORT; | 57945 |
| (2) Increase the appropriation in Ohio Department of Aging | 57946 |
| Fund 3C4, appropriation item 490-607, PASSPORT, by the federal | 57947 |
| share of the amount of the actual expenditures; | 57948 |
| (3) Increase the appropriation in JFS Fund 3G5, appropriation | 57949 |
| item 600-655, Interagency Reimbursement, by the federal share of | 57950 |
| the amount of the actual expenditures. | 57951 |
| The funds that the Director of Budget and Management | 57952 |
| transfers and increases under this division are hereby | 57953 |
| appropriated. | 57954 |
| (D) The individuals placed in the PASSPORT program pursuant | 57955 |
| to this section shall be in addition to the individuals placed in | 57956 |
| the PASSPORT program during fiscal years 2008 and 2009 based on | 57957 |
| the amount of money that is in GRF appropriation item 490-403, | 57958 |
| PASSPORT; Fund 4J4, appropriation item 490-610, | 57959 |
| PASSPORT/Residential State Supplement; Fund 4U9, appropriation | 57960 |
| item 490-602, PASSPORT Fund; and Fund 3C4, appropriation item | 57961 |
| 490-607, PASSPORT, before any transfers to GRF appropriation item | 57962 |
| 490-403, PASSPORT, and Fund 3C4, appropriation item 490-607, | 57963 |
| PASSPORT, are made under this section. | 57964 |
| Section 309.30.60. MEDICAID COVERAGE OF CHIROPRACTIC SERVICES | 57965 |
| (A) As used in this section, "adult Medicaid recipient" means | 57966 |
| a Medicaid recipient twenty-two years of age or older. | 57967 |
| (B) For the period beginning January 1, 2009, and ending June | 57968 |
| 30, 2009, and subject to division (C) of this section, the | 57969 |
| Medicaid Program shall cover chiropractic services for adult | 57970 |
| Medicaid recipients in an amount, duration, and scope specified in | 57971 |
| rules that the Director of Job and Family Services shall adopt | 57972 |
| under section 5111.02 of the Revised Code. | 57973 |
| (C) The Medicaid Program's coverage of chiropractic services | 57974 |
| under this section shall be limited as follows: | 57975 |
| (1) Fifteen visits per adult Medicaid recipient per fiscal | 57976 |
| year; | 57977 |
| (2) The total costs of coverage under this section may not | 57978 |
| exceed $5,000,000 per fiscal year. | 57979 |
| Section 309.30.70. MONEY FOLLOWS THE PERSON | 57980 |
| (A) Subject to division (B) of this section, the Director of | 57981 |
| Budget and Management may do any of the following in support of | 57982 |
| any home and community-based services waiver program: | 57983 |
| (1) Create new funds and account appropriation items to | 57984 |
| support and track funds associated with a unified long-term care | 57985 |
| budget; | 57986 |
| (2) Transfer funds among affected agencies and adjust | 57987 |
| corresponding appropriation levels; | 57988 |
| (3) Develop a reporting mechanism to show clearly how the | 57989 |
| funds are being transferred and expended. | 57990 |
| (B) Before an action may be taken under division (A) of this | 57991 |
| section, the Director shall present the proposed action to the | 57992 |
| Controlling Board. The Controlling Board shall review the proposed | 57993 |
| action and either approve or disapprove the action. The Director | 57994 |
| shall not implement the proposed action unless the action is | 57995 |
| approved by the Controlling Board. | 57996 |
| Section 309.30.90. MEDICAID ELIGIBILITY FOR PREGNANT WOMEN | 57997 |
| The Director of Job and Family Services shall, not later than | 57998 |
| ninety days after the effective date of this section, submit to | 57999 |
| the United States Secretary of Health and Human Services an | 58000 |
| amendment to the state Medicaid plan to increase to two hundred | 58001 |
| per cent of the federal poverty guidelines the income limit | 58002 |
| specified in division (A)(2) of section 5111.014 of the Revised | 58003 |
| Code. The increase shall be implemented not earlier than January | 58004 |
| 1, 2008. | 58005 |
| Section 309.31.10. MEDICARE PART D | 58006 |
| The foregoing appropriation item 600-526, Medicare Part D, | 58007 |
| may be used by the Department of Job and Family Services for the | 58008 |
| implementation and operation of the Medicare Part D requirements | 58009 |
| contained in the "Medicare Prescription Drug, Improvement, and | 58010 |
| Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon | 58011 |
| the request of the Department of Job and Family Services, the | 58012 |
| Director of Budget and Management may increase the state share of | 58013 |
| appropriations in either appropriation item 600-525, Health | 58014 |
| Care/Medicaid, or appropriation item 600-526, Medicare Part D, | 58015 |
| with a corresponding decrease in the state share of the other | 58016 |
| appropriation item to allow the Department of Job and Family | 58017 |
| Services to implement and operate the new Medicare Part D | 58018 |
| requirements. If the state share of appropriation item 600-525, | 58019 |
| Health Care/Medicaid, is adjusted, the Director of Budget and | 58020 |
| Management shall adjust the federal share accordingly. | 58021 |
| Section 309.31.20. RESIDENT PROTECTION FUND | 58022 |
| If the Director of Budget and Management determines that the | 58023 |
| Resident Protection Fund created in section 5111.62 of the Revised | 58024 |
| Code has a cash balance, less encumbrances and appropriations, of | 58025 |
| more than $2,000,000, the Department of Job and Family Services or | 58026 |
| its designee may issue a competitive request for grant proposals | 58027 |
| to support projects that will benefit the residents of nursing | 58028 |
| facilities that have been found to have deficiencies. The | 58029 |
| directors of Job and Family Services, Health, and Aging or their | 58030 |
| designees shall determine priority categories for funding, make | 58031 |
| awards, and determine which of the three agencies should | 58032 |
| administer each grant. Based on these determinations, the Director | 58033 |
| of Budget and Management may transfer cash and appropriations | 58034 |
| matching the amount of each award to the appropriate agency. Any | 58035 |
| such transfers are hereby appropriated. | 58036 |
| Section 309.31.30. OHIO ACCESS SUCCESS PROJECT | 58037 |
| Notwithstanding any limitations in sections 3721.51 and | 58038 |
| 3721.56 of the Revised Code, in each fiscal year, cash from Fund | 58039 |
| 4J5, Home and Community-Based Services for the Aged, in excess of | 58040 |
| the amounts needed for the transfers may be used by the Department | 58041 |
| of Job and Family Services for the following purposes: (A) up to | 58042 |
| $1.0 million in each fiscal year to fund the state share of audits | 58043 |
| of nursing facilities and intermediate care facilities for the | 58044 |
| mentally retarded; and (B) up to $350,000 in each fiscal year to | 58045 |
| provide one-time transitional benefits under the Ohio Access | 58046 |
| Success Project that the Director of Job and Family Services may | 58047 |
| establish under section 5111.88 of the Revised Code. | 58048 |
| Section 309.31.40. TRANSFER OF FUNDS TO THE DEPARTMENT OF | 58049 |
| AGING | 58050 |
| The Department of Job and Family Services shall transfer, | 58051 |
| through intrastate transfer vouchers, cash from Fund 4J5, Home and | 58052 |
| Community-Based Services for the Aged, to Fund 4J4, PASSPORT, in | 58053 |
| the Department of Aging. The sum of the transfers shall be | 58054 |
| $33,263,984 in each fiscal year. The transfer may occur on a | 58055 |
| quarterly basis or on a schedule developed and agreed to by both | 58056 |
| departments. | 58057 |
| Section 309.31.50. PROVIDER FRANCHISE FEE OFFSETS | 58058 |
| (A) At least quarterly, the Director of Job and Family | 58059 |
| Services shall certify to the Director of Budget and Management | 58060 |
| both of the following: | 58061 |
| (1) The amount of offsets withheld under section 3721.541 of | 58062 |
| the Revised Code from payments made from the General Revenue Fund. | 58063 |
| (2) The amount of offsets withheld under section 5112.341 of | 58064 |
| the Revised Code from payments made from the General Revenue Fund. | 58065 |
| (B) The Director of Budget and Management may transfer cash | 58066 |
| from the General Revenue Fund to all of the following: | 58067 |
| (1) Fund 4J5, Home and Community Based Services/Aged Fund, or | 58068 |
| Fund 5R2, Nursing Facility Stabilization Fund, in accordance with | 58069 |
| sections 3721.56 and 3721.561 of the Revised Code; | 58070 |
| (2) Fund 4K1, ICF/MR Bed Assessments. | 58071 |
| (C) Amounts transferred pursuant to this section are hereby | 58072 |
| appropriated. | 58073 |
| Section 309.31.60. TRANSFER OF FUNDS TO THE DEPARTMENT OF | 58074 |
| MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES | 58075 |
| The Department of Job and Family Services shall transfer, | 58076 |
| through intrastate transfer vouchers, cash from Fund 4K1, ICF/MR | 58077 |
| Bed Assessments, to Fund 4K8, Home and Community-Based Services, | 58078 |
| in the Department of Mental Retardation and Developmental | 58079 |
| Disabilities. The amount transferred shall equal $12,000,000 in | 58080 |
| each fiscal year. The transfer may occur on a quarterly basis or | 58081 |
| on a schedule developed and agreed to by both departments. | 58082 |
| Section 309.31.70. FUNDING FOR TRANSITION WAIVER SERVICES | 58083 |
| Notwithstanding any limitations contained in sections 5112.31 | 58084 |
| and 5112.37 of the Revised Code, in each fiscal year, cash from | 58085 |
| Fund 4K1, ICF/MR Bed Assessments, in excess of the amounts needed | 58086 |
| for transfers to Fund 4K8, Home and Community-Based Services, in | 58087 |
| the Department of Mental Retardation and Developmental | 58088 |
| Disabilities, may be used by the Department of Job and Family | 58089 |
| Services to cover costs of care provided to participants in a | 58090 |
| waiver with an ICF/MR level of care requirement administered by | 58091 |
| the Department of Job and Family Services. | 58092 |
| Section 309.31.80. PAYMENTS FROM THE DEPARTMENT OF EDUCATION | 58093 |
| FOR MEDICAID SERVICES | 58094 |
| At the request of the Director of Job and Family Services, | 58095 |
| the Director of Budget and Management may increase the | 58096 |
| appropriation in appropriation item 600-639, Medicaid Revenue and | 58097 |
| Collections, by the amounts paid to the department pursuant to | 58098 |
| section 3317.023 of the Revised Code. | 58099 |
| Section 309.31.90. HOSPITAL CARE ASSURANCE MATCH | 58100 |
| Appropriation item 600-650, Hospital Care Assurance Match, | 58101 |
| shall be used by the Department of Job and Family Services solely | 58102 |
| for distributing funds to hospitals under section 5112.08 of the | 58103 |
| Revised Code. | 58104 |
| Section 309.32.10. HEALTH CARE SERVICES ADMINISTRATION FUND | 58105 |
| Of the amount received by the Department of Job and Family | 58106 |
| Services during fiscal year 2008 and fiscal year 2009 from the | 58107 |
| first installment of assessments paid under section 5112.06 of the | 58108 |
| Revised Code and intergovernmental transfers made under section | 58109 |
| 5112.07 of the Revised Code, the Director of Job and Family | 58110 |
| Services shall deposit $350,000 in each fiscal year into the state | 58111 |
| treasury to the credit of the Health Care Services Administration | 58112 |
| Fund (Fund 5U3). | 58113 |
| Section 309.32.20. MEDICAID PROGRAM SUPPORT FUND - STATE | 58114 |
| The foregoing appropriation item 600-671, Medicaid Program | 58115 |
| Support, shall be used by the Department of Job and Family | 58116 |
| Services to pay for Medicaid services and contracts. The | 58117 |
| Department may also deposit to Fund 5C9 revenues received from | 58118 |
| other state agencies for Medicaid services under the terms of | 58119 |
| interagency agreements between the Department and other state | 58120 |
| agencies, and all funds the Department recovers because the | 58121 |
| benefits a person received under the disability medical assistance | 58122 |
| program established in section 5115.10 of the Revised Code were | 58123 |
| determined to be covered by the Medicaid Program established under | 58124 |
| Chapter 5111. of the Revised Code. | 58125 |
| Section 309.32.30. TRANSFERS OF IMD/DSH CASH TO THE | 58126 |
| DEPARTMENT OF MENTAL HEALTH | 58127 |
| The Department of Job and Family Services shall transfer, | 58128 |
| through intrastate transfer voucher, cash from Fund 5C9, Medicaid | 58129 |
| Program Support, to the Department of Mental Health's Fund 4X5, | 58130 |
| OhioCare, in accordance with an interagency agreement that | 58131 |
| delegates authority from the Department of Job and Family Services | 58132 |
| to the Department of Mental Health to administer specified | 58133 |
| Medicaid services. | 58134 |
| Section 309.32.40. PRESCRIPTION DRUG REBATE FUND | 58135 |
| The foregoing appropriation item 600-692, Health Care | 58136 |
| Services, shall be used by the Department of Job and Family | 58137 |
| Services to pay for Medicaid services and contracts. | 58138 |
| Section 309.32.50. DISABILITY DETERMINATION PROCESS | 58139 |
| Based on the recommendations made by the Disability | 58140 |
| Determination Consolidation Study Council, the Rehabilitation | 58141 |
| Services Commission and the Department of Job and Family Services | 58142 |
| shall work together to reduce the duplication of activities | 58143 |
| performed by each agency and develop a systems interface so that | 58144 |
| medical information for mutual clients may be transferred between | 58145 |
| the agencies. | 58146 |
| Section 309.40. FAMILY STABILITY | 58147 |
| Section 309.40.10. WAIVER OF FOOD STAMP WORK REQUIREMENTS | 58148 |
| Pursuant to 7 U.S.C. 2015(o)(4)(A)(i), the Department of Job | 58149 |
| and Family Services shall request that the United States Secretary | 58150 |
| of Agriculture waive the applicability of the work requirement of | 58151 |
| 7 U.S.C. 2015(o)(2) during fiscal years 2008 and 2009 to food | 58152 |
| stamp benefit recipients who reside in a county of this state that | 58153 |
| the Department determines has an unemployment rate of over 10 per | 58154 |
| cent or does not have a sufficient number of jobs to provide | 58155 |
| employment for the recipients. | 58156 |
| Section 309.40.20. FOOD STAMPS TRANSFER | 58157 |
| On July 1, 2007, or as soon as possible thereafter, the | 58158 |
| Director of Budget and Management may transfer up to $1,000,000 in | 58159 |
| cash from Fund 384, Food Stamp Program, to Fund 5ES, Food | 58160 |
| Assistance. | 58161 |
| Section 309.40.30. OHIO ASSOCIATION OF SECOND HARVEST FOOD | 58162 |
| BANKS | 58163 |
| As used in this section, "federal poverty guidelines" has the | 58164 |
| same meaning as in section 5101.46 of the Revised Code. | 58165 |
| Notwithstanding section 5101.46 of the Revised Code, the | 58166 |
| Department of Job and Family Services shall provide $5,500,000 in | 58167 |
| each fiscal year from the foregoing appropriation item 600-651, | 58168 |
| Second Harvest Food Banks, to the Ohio Association of Second | 58169 |
| Harvest Food Banks. The Department shall enter into a grant | 58170 |
| agreement with the Ohio Association of Second Harvest Food Banks | 58171 |
| to allow for the purchase of food products and the distribution of | 58172 |
| those food products to agencies participating in the emergency | 58173 |
| food distribution program. Notwithstanding section 5101.46 of the | 58174 |
| Revised Code, the grant may permit the Ohio Association of Second | 58175 |
| Harvest Food Banks to use up to 5 per cent of the annual funding | 58176 |
| for administrative costs. As soon as possible after entering into | 58177 |
| a grant agreement at the beginning of each fiscal year, the | 58178 |
| Department may advance grant funds to the grantee under section | 58179 |
| 5101.10 of the Revised Code and in accordance with federal law. | 58180 |
| Prior to entering into the grant agreement, the Ohio | 58181 |
| Association of Second Harvest Food Banks shall submit to the | 58182 |
| Department for approval a plan for the distribution of the food | 58183 |
| products to local food distribution agencies. If the plan meets | 58184 |
| the requirements and conditions established by the Department, the | 58185 |
| plan shall be incorporated into the grant agreement. The grant | 58186 |
| agreement shall also require the Ohio Association of Second | 58187 |
| Harvest Food Banks to ensure that local agencies will limit | 58188 |
| participation of individuals and families who receive any of the | 58189 |
| food products purchased with these funds to those who have an | 58190 |
| income at or below 200 per cent of the federal poverty guidelines. | 58191 |
| The Department and the Ohio Association of Second Harvest Food | 58192 |
| Banks shall agree on reporting requirements to be incorporated | 58193 |
| into the grant agreement, including a statement of expected | 58194 |
| performance outcomes from the Ohio Association of Second Harvest | 58195 |
| Food Banks and a requirement for their evaluation of their success | 58196 |
| in achieving those outcomes. | 58197 |
| Section 309.40.33. CHILD SUPPORT COLLECTIONS/TANF MOE | 58198 |
| The foregoing appropriation item 600-658, Child Support | 58199 |
| Collections, shall be used by the Department of Job and Family | 58200 |
| Services to meet the TANF maintenance of effort requirements of 42 | 58201 |
| U.S.C. 609(a)(7). When the state is assured that it will meet the | 58202 |
| maintenance of effort requirement, the Department of Job and | 58203 |
| Family Services may use funds from appropriation item 600-658, | 58204 |
| Child Support Collections, to support child support activities. | 58205 |
| Section 309.40.40. TANF INITIATIVES | 58206 |
| The Department of Job and Family Services, in accordance with | 58207 |
| sections 5101.80 and 5101.801 of the Revised Code, shall take the | 58208 |
| steps necessary, through interagency agreement, adoption of rules, | 58209 |
| or otherwise as determined by the Department, to implement and | 58210 |
| administer the Title IV-A programs identified in this section. | 58211 |
| KINSHIP PERMANENCY INCENTIVE PROGRAM | 58212 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 58213 |
| (Fund 3V6), up to $10 million per fiscal year shall be used to | 58214 |
| support the activities of the Kinship Permanency Incentive Program | 58215 |
| created under section 5101.802 of the Revised Code. | 58216 |
| The Department of Job and Family Services shall prepare | 58217 |
| reports concerning both of the following: | 58218 |
| (A) Stability and permanency outcomes for children for whom | 58219 |
| incentive payments are made under the Kinship Permanency Incentive | 58220 |
| Program; | 58221 |
| (B) The total amount of payments made under the Program, | 58222 |
| patterns of expenditures made per child under the Program, and | 58223 |
| cost savings realized through the Program from placement with | 58224 |
| kinship caregivers rather than other out-of-home placements. | 58225 |
| The Department shall submit a report to the Governor, the | 58226 |
| Speaker and Minority Leader of the House of Representatives, and | 58227 |
| the President and Minority Leader of the Senate not later than | 58228 |
| December 31, 2008, and December 31, 2010. | 58229 |
| The amendments made by this act to section 5101.802 of the | 58230 |
| Revised Code shall not affect the eligibility of any kinship | 58231 |
| caregiver whose eligibility was established before the effective | 58232 |
| date of this section. | 58233 |
| OHIO ALLIANCE OF BOYS AND GIRLS CLUBS | 58234 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 58235 |
| (Fund 3V6), the Department of Job and Family Services shall use up | 58236 |
| to $600,000 in each fiscal year to support expenditures of the | 58237 |
| Ohio Alliance of Boys and Girls Clubs pursuant to section 5101.801 | 58238 |
| of the Revised Code to provide after-school programs that protect | 58239 |
| at-risk children and enable youth to become responsible adults. | 58240 |
| The Ohio Alliance of Boys and Girls Clubs shall provide | 58241 |
| nutritional meals, snacks, and educational, youth development, and | 58242 |
| career development services to TANF eligible children | 58243 |
| participating in programs and activities operated by eligible Boys | 58244 |
| and Girls Clubs. | 58245 |
| The Department of Job and Family Services and the Ohio | 58246 |
| Alliance of Boys and Girls Clubs shall agree on reporting | 58247 |
| requirements to be incorporated into the grant agreement. | 58248 |
| CHILDREN'S HUNGER ALLIANCE | 58249 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 58250 |
| (Fund 3V6), up to $1,000,000 in each fiscal year shall be | 58251 |
| reimbursed to the Children's Hunger Alliance pursuant to section | 58252 |
| 5101.801 of the Revised Code for Child Nutrition Program outreach | 58253 |
| efforts. | 58254 |
| SCHOOL READINESS ENRICHMENT | 58255 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 58256 |
| (Fund 3V6), up to $6,500,000 in each fiscal year shall be used for | 58257 |
| TANF eligible activities pursuant to section 5101.801 of the | 58258 |
| Revised Code to provide intervention services to prepare children | 58259 |
| for kindergarten. | 58260 |
| FOOD BANKS | 58261 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 58262 |
| (Fund 3V6), up to $1,500,000 in each fiscal year shall be used to | 58263 |
| reimburse the Ohio network of food banks pursuant to section | 58264 |
| 5101.801 of the Revised Code for purchases and distribution of | 58265 |
| food products. | 58266 |
| GOVERNOR'S OFFICE OF FAITH-BASED AND COMMUNITY INITIATIVES | 58267 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 58268 |
| (Fund 3V6), up to $13,000,000 in each fiscal year shall be used to | 58269 |
| reimburse the Governor's Office for Faith-Based and Community | 58270 |
| Initiatives pursuant to section 5101.801 of the Revised Code for | 58271 |
| projects designed to serve the state's most vulnerable citizens. | 58272 |
| ADOPTION PROMOTION | 58273 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 58274 |
| (Fund 3V6), up to $5,000,000 in each fiscal year shall be used for | 58275 |
| TANF eligible activities pursuant to section 5101.801 of the | 58276 |
| Revised Code to provide additional support for initiatives aimed | 58277 |
| at increasing the number of adoptions including recruiting, | 58278 |
| promoting, and supporting adoptive families. | 58279 |
| INDEPENDENT LIVING INITIATIVES | 58280 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 58281 |
| (Fund 3V6), up to $2,500,000 in each fiscal year shall be used for | 58282 |
| TANF eligible activities pursuant to section 5101.801 of the | 58283 |
| Revised Code to support the independent living initiative, | 58284 |
| including life skills training and work supports for older | 58285 |
| children in foster care and those who have recently aged out of | 58286 |
| foster care. | 58287 |
| CLOSING THE ACHIEVEMENT GAP | 58288 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 58289 |
| (Fund 3V6), up to $10,000,000 in each fiscal year shall be used | 58290 |
| for TANF eligible activities pursuant to section 5101.801 of the | 58291 |
| Revised Code to provide intervention services aimed at improving | 58292 |
| the African-American male graduation rate. | 58293 |
| FAMILY SERVICE OF THE CINCINNATI AREA | 58294 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 58295 |
| (Fund 3V6), up to $25,000 in each fiscal year shall be used to | 58296 |
| reimburse, in accordance with section 5101.801 of the Revised | 58297 |
| Code, Family Service of the Cincinnati Area for the International | 58298 |
| Family Resource Center program. | 58299 |
| PARENT MENTORS | 58300 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 58301 |
| (Fund 3V6), up to $250,000 in fiscal year 2008 shall be used to | 58302 |
| reimburse the Department of Education pursuant to section 5101.801 | 58303 |
| of the Revised Code for providing funding for an additional ten | 58304 |
| parent mentors. This additional support for parent mentors shall | 58305 |
| be aimed at increasing support for parents with children who have | 58306 |
| special needs, thereby reducing stress on the family and | 58307 |
| encouraging the maintenance of two parent families. Such funding | 58308 |
| shall be in addition to that which is provided for parent | 58309 |
| mentoring programs in GRF appropriation item 200-540, Special | 58310 |
| Education Enhancements, in the Department of Education. | 58311 |
| ACCOUNTABILITY AND CREDIBILITY TOGETHER | 58312 |
| Of the foregoing appropriation item 600-689, TANF Block | 58313 |
| Grant, up to $1,000,000 in each fiscal year shall be reimbursed to | 58314 |
| Accountability and Credibility Together (ACT) to continue its | 58315 |
| welfare diversion program to TANF eligible individuals pursuant to | 58316 |
| section 5101.801 of the Revised Code. | 58317 |
| AMERICAN ACADEMY OF PEDIATRICS | 58318 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 58319 |
| (Fund 3V6), up to $100,000 in fiscal year 2008 shall be used to | 58320 |
| reimburse, in accordance with section 5101.801 of the Revised | 58321 |
| Code, the American Academy of Pediatrics for the Reach Out and | 58322 |
| Read program. | 58323 |
| HOME WEATHERIZATION | 58324 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 58325 |
| (Fund 3V6), up to $500,000 in each fiscal year shall be used to | 58326 |
| reimburse, in accordance with section 5101.801 of the Revised | 58327 |
| Code, the Corporation for Ohio Appalachian Development for home | 58328 |
| weatherization. | 58329 |
| PROVIDENCE HOUSE | 58330 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 58331 |
| (Fund 3V6), up to $100,000 in fiscal year 2008 shall be used to | 58332 |
| reimburse, in accordance with section 5101.801 of the Revised | 58333 |
| Code, the Providence House for providing crisis intervention | 58334 |
| services for children who are at risk of abuse and neglect. | 58335 |
| BUTLER COUNTY SUCCESS PLAN | 58336 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 58337 |
| (Fund 3V6), up to $100,000 in fiscal year 2008 shall be used to | 58338 |
| provide reimbursement, in accordance with section 5101.801 of the | 58339 |
| Revised Code, for the Butler County Success Plan. | 58340 |
| AMERICAN RED CROSS-GREATER CLEVELAND CHAPTER AND THE BEREA | 58341 |
| CHILDREN'S HOME AND FAMILY SERVICES | 58342 |
| Of the foregoing appropriation item 600-689, TANF Block | 58343 |
| Grant, up to $2,063,000 in fiscal year 2008 shall be used to | 58344 |
| reimburse the American Red Cross-Greater Cleveland Chapter and the | 58345 |
| Berea Children's Home and Family Services in accordance with | 58346 |
| section 5101.801 of the Revised Code, for enrolling TANF eligible | 58347 |
| individuals in the Northeast Ohio Nurse Assistant Training | 58348 |
| Program, which will lead to employment opportunities in the | 58349 |
| healthcare field in a ten-county region. | 58350 |
| CENTER FOR FAMILIES AND CHILDREN RAPART YOUTH FELLOWSHIP | 58351 |
| PROGRAM | 58352 |
| Of the foregoing appropriation item 600-689, TANF Block | 58353 |
| Grant, up to $100,000 in fiscal year 2008 shall be used to | 58354 |
| reimburse the Center for Families and Children RapArt Youth | 58355 |
| Fellowship Program in accordance with section 5101.801 of the | 58356 |
| Revised Code for providing an after-school program that supports | 58357 |
| at-risk young adults and enables youth to become responsible | 58358 |
| adults. | 58359 |
| TALBERT HOUSE | 58360 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 58361 |
| (Fund 3V6), up to $50,000 in each fiscal year shall be used to | 58362 |
| reimburse, in accordance with section 5101.801 of the Revised | 58363 |
| Code, the Talbert House for providing TANF eligible non-medical | 58364 |
| behavioral health services. | 58365 |
| TANF EDUCATIONAL AWARDS PROGRAM | 58366 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 58367 |
| (Fund 3V6), up to $2,000,000 in each fiscal year shall be used to | 58368 |
| reimburse the Ohio Board of Regents pursuant to section 5101.801 | 58369 |
| of the Revised Code for initiatives addressing postsecondary | 58370 |
| tuition and educational expenses not covered by other grant | 58371 |
| programs that target low-income students. | 58372 |
| HOME ENERGY ASSISTANCE PROGRAM | 58373 |
| The Department of Job and Family Services shall transfer, | 58374 |
| through intrastate transfer voucher, $45,000,000 in cash in fiscal | 58375 |
| year 2008 and $15,000,000 in fiscal year 2009 from Fund 3V6, TANF | 58376 |
| Block Grant, to Fund 3BJ, TANF Heating Assistance, in the | 58377 |
| Department of Development, in accordance with an interagency | 58378 |
| agreement. The Departments of Job and Family Services and | 58379 |
| Development shall enter into an interagency agreement for | 58380 |
| providing reimbursement to the Department of Development to | 58381 |
| administer the Title IV-A funded Home Energy Assistance Program | 58382 |
| (HEAP), which provides assistance with home energy fuel costs to | 58383 |
| needy families with children. | 58384 |
| If the Department of Development receives approval for a | 58385 |
| federal waiver to increase the percentage of the Home Energy Block | 58386 |
| Grant that may be used for weatherization to sixteen and one-half | 58387 |
| per cent in fiscal year 2008 and seventeen and one-half per cent | 58388 |
| in fiscal year 2009, the Department of Job and Family Services | 58389 |
| shall increase the amount of reimbursement to the Department of | 58390 |
| Development from Fund 3V6, TANF Block Grant, for the Title IV-A | 58391 |
| funded Home Energy Assistance Program by an amount equal to the | 58392 |
| additional amounts used for weatherization under the federal | 58393 |
| waiver. | 58394 |
| The directors of Job and Family Services and Development | 58395 |
| shall seek Controlling Board approval to adjust the appropriations | 58396 |
| for appropriation item 600-689, TANF Block Grant, in the | 58397 |
| Department of Job and Family Services and appropriation item | 58398 |
| 195-685, TANF Heating Assistance, in the Department of | 58399 |
| Development, as needed to carry out the purposes described in the | 58400 |
| preceding paragraph. | 58401 |
| Section 309.40.60. EARLY LEARNING INITIATIVE | 58402 |
| (A) As used in this section: | 58403 |
| (1) "Title IV-A services" means benefits and services that | 58404 |
| are allowable under Title IV-A of the "Social Security Act," as | 58405 |
| specified in 42 U.S.C. 604(a), except that they shall not be | 58406 |
| benefits and services included in the term "assistance" as defined | 58407 |
| in 45 C.F.R. 260.31(a) and shall be benefits and services that are | 58408 |
| excluded from the definition of the term "assistance" under 45 | 58409 |
| C.F.R. 260.31(b). | 58410 |
| (2) "Title IV-A funds" means funds provided under the | 58411 |
| temporary assistance for needy families block grant established by | 58412 |
| Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 | 58413 |
| U.S.C. 601, as amended. | 58414 |
| (3) "Eligible child" means a child who is at least three | 58415 |
| years of age but not of compulsory school age or enrolled in | 58416 |
| kindergarten, is eligible for Title IV-A services, and whose | 58417 |
| family income at the time of application does not exceed one | 58418 |
| hundred eighty-five per cent of the federal poverty line in fiscal | 58419 |
| year 2008 or two hundred per cent of the federal poverty line in | 58420 |
| fiscal year 2009. | 58421 |
| (4) "Early learning program" means a program for eligible | 58422 |
| children that is funded with Title IV-A funds and provides Title | 58423 |
| IV-A services, according to the purposes listed in 45 C.F.R. | 58424 |
| 260.20(c), that are early learning services, as defined by | 58425 |
| pursuant to division (D)(1) of this section. | 58426 |
| (5) "Early learning provider" means an entity that is | 58427 |
| receiving Title IV-A funds to operate an early learning program. | 58428 |
| (6) "Early learning agency" means an early learning provider | 58429 |
| or an entity that has entered into an agreement with an early | 58430 |
| learning provider requiring the early learning provider to operate | 58431 |
| an early learning program on behalf of the entity. | 58432 |
| (7) "Federal poverty line" has the same meaning as in section | 58433 |
| 5104.01 of the Revised Code. | 58434 |
| (8) "Of compulsory school age" has the same meaning as in | 58435 |
| section 3321.01 of the Revised Code. | 58436 |
| (B) The Early Learning Initiative is hereby established. The | 58437 |
| Department of Education and the Department of Job and Family | 58438 |
| Services shall administer the Initiative in accordance with | 58439 |
| sections 5101.80 and 5101.801 of the Revised Code. The Initiative | 58440 |
| shall provide early learning services to eligible children. Early | 58441 |
| learning programs may provide early learning services on a | 58442 |
| full-day basis, a part-day basis, or both a full-day and part-day | 58443 |
| basis. | 58444 |
| (C) The Department of Job and Family Services shall do both | 58445 |
| of the following: | 58446 |
| (1) Reimburse early learning agencies for Title IV-A services | 58447 |
| provided to eligible children according to the terms of the | 58448 |
| contract and the rules adopted under division (C)(2) of this | 58449 |
| section; | 58450 |
| (2) In consultation with the Department of Education, adopt | 58451 |
| rules in accordance with Chapter 119. of the Revised Code to | 58452 |
| implement the Early Learning Initiative. The rules shall include | 58453 |
| all of the following: | 58454 |
| (a) Provisions regarding the establishment of co-payments for | 58455 |
| families of eligible children whose family income is more than one | 58456 |
| hundred sixty-five per cent of the federal poverty line but equal | 58457 |
| to or less than the maximum amount of family income authorized for | 58458 |
| an eligible child as defined in division (A)(3) of this section; | 58459 |
| (b) An exemption from co-payment requirements for families | 58460 |
| whose family income is equal to or less than one hundred | 58461 |
| sixty-five per cent of the federal poverty line; | 58462 |
| (c) A definition of "enrollment" for the purpose of | 58463 |
| compensating early learning agencies; | 58464 |
| (d) Provisions that establish compensation rates for early | 58465 |
| learning agencies based on the enrollment of eligible children; | 58466 |
| (e) Caretaker employment eligibility requirements for | 58467 |
| participation in the Early Learning Initiative. These requirements | 58468 |
| shall specify the minimum number of hours that the caretaker of | 58469 |
| the eligible child must be employed and the time period over which | 58470 |
| the minimum number of hours is to be measured. These minimum hours | 58471 |
| may overlap the period during the day or week in which the child | 58472 |
| participates in the early learning program. These requirements | 58473 |
| shall permit the child to be determined to be, and remain, an | 58474 |
| eligible child for up to thirty days if the county department of | 58475 |
| job and family services determines that the caretaker is expected | 58476 |
| to begin engaging in an approved activity within that thirty-day | 58477 |
| period. These rules shall require the county department of job and | 58478 |
| family services to inform both the early learning agency and the | 58479 |
| Department of Job and Family Services of this determination. These | 58480 |
| rules shall require the Department of Job and Family Services to | 58481 |
| designate the activities that constitute approved activities for | 58482 |
| purposes of this requirement and to periodically review the | 58483 |
| requirement described in this division to ensure that it complies | 58484 |
| with federal law and regulations. | 58485 |
| (D) The Department of Education shall do all of the | 58486 |
| following: | 58487 |
| (1) Define the early learning services that will be provided | 58488 |
| to eligible children through the Early Learning Initiative; | 58489 |
| (2) In consultation with the Department of Job and Family | 58490 |
| Services, develop an application form and criteria for the | 58491 |
| selection of early learning agencies. The criteria shall require | 58492 |
| an early learning agency, or each early learning provider with | 58493 |
| which the agency has entered into an agreement for the operation | 58494 |
| of an early learning program on the agency's behalf, to be | 58495 |
| licensed or certified by the Department of Education under | 58496 |
| sections 3301.52 to 3301.59 of the Revised Code or by the | 58497 |
| Department of Job and Family Services under Chapter 5104. of the | 58498 |
| Revised Code; | 58499 |
| (3) Establish early learning program guidelines for school | 58500 |
| readiness to assess the operation of early learning programs. | 58501 |
| (E) Any entity that seeks to be an early learning agency | 58502 |
| shall apply to the Department of Education by a deadline | 58503 |
| established by the Department. The Department of Education shall | 58504 |
| select entities that meet the criteria established under division | 58505 |
| (D)(2) of this section to be early learning agencies. Upon | 58506 |
| selection of an entity to be an early learning agency, the | 58507 |
| Department of Education shall designate the number of eligible | 58508 |
| children the agency may enroll. The Department of Education shall | 58509 |
| notify the Department of Job and Family Services of the number so | 58510 |
| designated. | 58511 |
| (F) The Department of Education and the Department of Job and | 58512 |
| Family Services shall enter into a contract with each early | 58513 |
| learning agency selected under division (E) of this section. The | 58514 |
| requirements of section 127.16 of the Revised Code do not apply to | 58515 |
| contracts entered into under this section. The contract shall | 58516 |
| outline the terms and conditions applicable to the provision of | 58517 |
| Title IV-A services for eligible children and shall include at | 58518 |
| least the following: | 58519 |
| (1) The respective duties of the early learning agency, the | 58520 |
| Department of Education, and the Department of Job and Family | 58521 |
| Services; | 58522 |
| (2) Requirements applicable to the allowable use of and | 58523 |
| accountability for Title IV-A compensation paid under the | 58524 |
| contract; | 58525 |
| (3) Reporting requirements, including a requirement that the | 58526 |
| early learning provider inform the Department of Education when | 58527 |
| the provider learns that a kindergarten eligible child will not be | 58528 |
| enrolled in kindergarten; | 58529 |
| (4) The compensation schedule payable under the contract; | 58530 |
| (5) Audit requirements; | 58531 |
| (6) Provisions for suspending, modifying, or terminating the | 58532 |
| contract. | 58533 |
| (G) If an early learning agency, or an early learning | 58534 |
| provider operating an early learning program on the agency's | 58535 |
| behalf, substantially fails to meet the early learning program | 58536 |
| guidelines for school readiness or exhibits below average | 58537 |
| performance, as determined by the Department of Education, the | 58538 |
| agency shall develop and implement a corrective action plan. The | 58539 |
| Department of Education shall approve the corrective action plan | 58540 |
| prior to implementation. | 58541 |
| (H) If an early learning agency fails to implement a | 58542 |
| corrective action plan under division (G) of this section, the | 58543 |
| Department of Education may direct the Department of Job and | 58544 |
| Family Services to either withhold funding or request that the | 58545 |
| Department of Job and Family Services suspend or terminate the | 58546 |
| contract with the agency. | 58547 |
| (I) Each early learning program shall do all of the | 58548 |
| following: | 58549 |
| (1) Meet teacher qualification requirements prescribed by | 58550 |
| section 3301.311 of the Revised Code; | 58551 |
| (2) Align curriculum to the early learning content standards; | 58552 |
| (3) Meet any assessment requirements prescribed by section | 58553 |
| 3301.0715 of the Revised Code that apply to the program; | 58554 |
| (4) Require teachers, except teachers enrolled and working to | 58555 |
| obtain a degree pursuant to section 3301.311 of the Revised Code, | 58556 |
| to attend a minimum of twenty hours per biennium of professional | 58557 |
| development as prescribed by the Department of Education regarding | 58558 |
| the implementation of early learning program guidelines for school | 58559 |
| readiness; | 58560 |
| (5) Document and report child progress; | 58561 |
| (6) Meet and report compliance with the early learning | 58562 |
| program guidelines for school success; | 58563 |
| (7) Participate in early language and literacy classroom | 58564 |
| observation evaluation studies. | 58565 |
| (J) Each county Department of Job and Family Services shall | 58566 |
| determine eligibility for Title IV-A services for children seeking | 58567 |
| to enroll in an early learning program within fifteen days after | 58568 |
| receipt of a completed application in accordance with rules | 58569 |
| adopted under this section. | 58570 |
| (K) The provision of early learning services in an early | 58571 |
| learning program shall not prohibit or otherwise prevent an | 58572 |
| individual from obtaining certificates for payment under division | 58573 |
| (C) of section 5104.32 of the Revised Code. | 58574 |
| (L) Notwithstanding section 126.07 of the Revised Code: | 58575 |
| (1) Any fiscal year 2008 contract executed prior to July 1, | 58576 |
| 2007, between the Departments of Job and Family Services and | 58577 |
| Education and an early learning agency that was not an early | 58578 |
| learning agency as of June 30, 2007, shall be deemed to be | 58579 |
| effective as of July 1, 2007, upon issuance of a state purchase | 58580 |
| order, even if the purchase order is approved at some later date. | 58581 |
| (2) Any fiscal year 2008 contract executed between the | 58582 |
| Departments of Job and Family Services and Education and an early | 58583 |
| learning agency that had a valid contract for early learning | 58584 |
| services on June 30, 2007, shall be deemed to be effective as of | 58585 |
| July 1, 2007, upon the issuance of a state purchase order, even if | 58586 |
| the purchase order is approved at some later date. | 58587 |
| (3) Any fiscal year 2009 contract executed prior to July 1, | 58588 |
| 2008, between the Departments of Job and Family Services and | 58589 |
| Education and an early learning agency that was not an early | 58590 |
| learning agency as of June 30, 2008, shall be deemed to be | 58591 |
| effective as of July 1, 2008, upon issuance of a state purchase | 58592 |
| order, even if the purchase order is approved at some later date. | 58593 |
| (4) Any fiscal year 2009 contract executed between the | 58594 |
| Departments of Job and Family Services and Education and an early | 58595 |
| learning agency that had a valid contract for early learning | 58596 |
| services on June 30, 2008, shall be deemed to be effective as of | 58597 |
| July 1, 2008, upon the issuance of a state purchase order, even if | 58598 |
| the purchase order is approved at some later date. | 58599 |
| (M) Of the foregoing appropriation item 600-689, TANF Block | 58600 |
| Grant (Fund 3V6), up to $125,256,000 shall be used in each fiscal | 58601 |
| year to compensate early learning agencies under this section. The | 58602 |
| Departments of Job and Family Services and Education shall | 58603 |
| contract for up to 12,000 enrollment slots for eligible children | 58604 |
| in each fiscal year through the Early Learning Initiative. | 58605 |
| (N) Of the foregoing appropriation item 600-689, TANF Block | 58606 |
| Grant (Fund 3V6), up to $800,000 in each fiscal year may be used | 58607 |
| by the Department of Job and Family Services for administration of | 58608 |
| the Early Learning Initiative. | 58609 |
| (O) Up to $2,200,000 in each fiscal year may be used by the | 58610 |
| Department of Education to perform administrative functions for | 58611 |
| the Early Learning Initiative. The Department of Job and Family | 58612 |
| Services shall transfer, through intrastate transfer vouchers, | 58613 |
| cash from Fund 3V6, TANF Block Grant, to Fund 5W2, Early Learning | 58614 |
| Initiative, in the Department of Education. The amount transferred | 58615 |
| shall not exceed $2,200,000 in fiscal year 2008 and $2,200,000 in | 58616 |
| fiscal year 2009. The transfer shall occur on a reimbursement | 58617 |
| basis on a schedule developed and agreed to by both departments. | 58618 |
| Section 309.50. CHILDREN AND FAMILIES | 58619 |
| Section 309.50.10. CHILD WELFARE TRAINING INITIATIVE | 58620 |
| In each fiscal year, the Department of Job and Family | 58621 |
| Services shall grant $50,000 from appropriation item 600-528, | 58622 |
| Adoption Services, and $150,000 from appropriation item 600-606, | 58623 |
| Child Welfare (Fund 327), to the National Center for Adoption Law | 58624 |
| and Policy to fund a multi-disciplinary child welfare training | 58625 |
| initiative. The Department of Job and Family Services shall | 58626 |
| coordinate with the National Center for Adoption Law and Policy to | 58627 |
| determine the focus of the training provided each year. | 58628 |
| ADOPTION LAWSITE INITIATIVE | 58629 |
| In each fiscal year, the Department of Job and Family | 58630 |
| Services shall grant $37,500 from appropriation item 600-528, | 58631 |
| Adoption Services, and $112,500 from appropriation item 600-606, | 58632 |
| Child Welfare (Fund 327), to the National Center for Adoption Law | 58633 |
| and Policy to fund expansion of the Adoption LawSite Initiative. | 58634 |
| Section 309.50.20. CHILDREN'S TRUST FUND | 58635 |
| Notwithstanding sections 3109.13 to 3109.18 of the Revised | 58636 |
| Code, in each fiscal year, the Director of Budget and Management | 58637 |
| shall transfer $1,500,000 cash from the Children's Trust Fund | 58638 |
| (Fund 198) in the Department of Job and Family Services to the | 58639 |
| Partnerships for Success Fund (Fund 5BH) in the Department of | 58640 |
| Youth Services. | 58641 |
| Section 309.50.30. A child day-care center or type A or B | 58642 |
| family day-care home participating in the voluntary child care | 58643 |
| quality-rating program established pursuant to section 5104.30 of | 58644 |
| the Revised Code and providing publicly funded child care is | 58645 |
| eligible to receive a reimbursement rate for the publicly funded | 58646 |
| child care up to the sixty-fifth percentile of the 2006 Ohio Child | 58647 |
| Care Market Rate Survey if the center or home participates in the | 58648 |
| program in fiscal year 2008 and maintains a two-star program | 58649 |
| rating in fiscal year 2009, according to the program rating system | 58650 |
| established in rules adopted pursuant to section 5104.30 of the | 58651 |
| Revised Code. | 58652 |
| Section 309.70. WORKFORCE DEVELOPMENT | 58653 |
| Section 309.70.10. TRANSFER TO THE MILITARY INJURY RELIEF | 58654 |
| FUND | 58655 |
| In each year of the biennium, the Director of Job and Family | 58656 |
| Services shall certify to the Director of Budget and Management | 58657 |
| the total amount of incentive grants deposited into Fund 331, | 58658 |
| Federal Operating, on behalf of state and county employees and | 58659 |
| other individuals, entities, and persons with exemplary service to | 58660 |
| veterans under an approved employment service delivery program | 58661 |
| defined in the "Jobs for Veterans Act," 116 Stat. 2033 (2002), as | 58662 |
| approved by the United States Department of Labor. The Director of | 58663 |
| Budget and Management shall transfer cash equal to the amount | 58664 |
| certified by the Director of Job and Family Services from Fund 331 | 58665 |
| to Fund 5DB, Military Injury Grants. The transferred funds shall | 58666 |
| be used to support grants to eligible individuals under section | 58667 |
| 5101.98 of the Revised Code and rules adopted in accordance with | 58668 |
| that section. | 58669 |
| Section 309.70.20. WORKFORCE DEVELOPMENT GRANT AGREEMENT | 58670 |
| The Department of Job and Family Services may use | 58671 |
| appropriations from appropriation item 600-688, Workforce | 58672 |
| Investment Act, to provide financial assistance for workforce | 58673 |
| development activities included in a grant agreement entered into | 58674 |
| by the department in accordance with section 5101.20 of the | 58675 |
| Revised Code. | 58676 |
| OHIO STATE APPRENTICESHIP COUNCIL | 58677 |
| Of the foregoing appropriation item 600-688, Workforce | 58678 |
| Investment Act, up to $1,900,000 in fiscal year 2008 and up to | 58679 |
| $2,200,000 in fiscal year 2009 may be used to support the | 58680 |
| activities of the Ohio State Apprenticeship Council. | 58681 |
| YOUTH EMPLOYMENT PROGRAMS | 58682 |
| Of the foregoing appropriation item 600-688, Workforce | 58683 |
| Investment Act, up to $6,000,000 over the biennium shall be used | 58684 |
| for competitive grants to eight major urban centers and four other | 58685 |
| locations, at least two of which are rural, to provide strategies | 58686 |
| and programs that meet the needs of at-risk youth. The program | 58687 |
| shall target youth who have disengaged from the education system | 58688 |
| and youthful offenders who will be returning to their communities. | 58689 |
| Eligible grant applications include governmental units, workforce | 58690 |
| investment boards, and not-for-profit and for-profit entities. | 58691 |
| Grant funds may be used for youth wages and benefits, supervisory | 58692 |
| costs, training and support costs, and infrastructure expenses. | 58693 |
| Grant funds may not be used for construction or renovation of | 58694 |
| facilities. | 58695 |
| THIRD FRONTIER INTERNSHIP PROGRAM | 58696 |
| Of the foregoing appropriation item 600-688, Workforce | 58697 |
| Investment Act, $1,500,000 in each fiscal year shall be used to | 58698 |
| support the Third Frontier Internship program. | 58699 |
| NURSE EDUCATION ASSISTANCE | 58700 |
| Of the foregoing appropriation item 600-688, Workforce | 58701 |
| Investment Act, $700,000 in each fiscal year shall be used to | 58702 |
| support the Nurse Education Assistance program described in | 58703 |
| division (C)(1)(a) of section 3333.28 of the Revised Code. | 58704 |
| Section 309.80. UNEMPLOYMENT COMPENSATION | 58705 |
| Section 309.80.10. EMPLOYER SURCHARGE | 58706 |
| The surcharge and the interest on the surcharge amounts due | 58707 |
| for calendar years 1988, 1989, and 1990 as required by Am. Sub. | 58708 |
| H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the | 58709 |
| 118th General Assembly, and section 4141.251 of the Revised Code | 58710 |
| as it existed prior to its repeal by Sub. H.B. 478 of the 122nd | 58711 |
| General Assembly, again shall be assessed and collected by, | 58712 |
| accounted for, and made available to the Department of Job and | 58713 |
| Family Services in the same manner as set forth in section | 58714 |
| 4141.251 of the Revised Code as it existed prior to its repeal by | 58715 |
| Sub. H.B. 478 of the 122nd General Assembly, notwithstanding the | 58716 |
| repeal of the surcharge for calendar years after 1990, pursuant to | 58717 |
| Sub. H.B. 478 of the 122nd General Assembly, except that amounts | 58718 |
| received by the Director on or after July 1, 2001, shall be | 58719 |
| deposited into the Unemployment Compensation Special | 58720 |
| Administrative Fund (Fund 4A9) established pursuant to section | 58721 |
| 4141.11 of the Revised Code. | 58722 |
| Section 309.80.20. FEDERAL UNEMPLOYMENT PROGRAMS | 58723 |
| All unexpended funds remaining at the end of fiscal year 2007 | 58724 |
| that were appropriated and made available to the state under | 58725 |
| section 903(d) of the Social Security Act, as amended, in the | 58726 |
| foregoing appropriation item 600-678, Federal Unemployment | 58727 |
| Programs (Fund 3V4), are hereby appropriated to the Department of | 58728 |
| Job and Family Services. Upon the request of the Director of Job | 58729 |
| and Family Services, the Director of Budget and Management may | 58730 |
| increase the appropriation for fiscal year 2008 by the amount | 58731 |
| remaining unspent from the fiscal year 2007 appropriation and may | 58732 |
| increase the appropriation for fiscal year 2009 by the amount | 58733 |
| remaining unspent from the fiscal year 2008 appropriation. The | 58734 |
| appropriation shall be used under the direction of the Department | 58735 |
| of Job and Family Services to pay for administrative activities | 58736 |
| for the Unemployment Insurance Program, employment services, and | 58737 |
| other allowable expenditures under section 903(d) of the Social | 58738 |
| Security Act, as amended. | 58739 |
| The amounts obligated pursuant to this section shall not | 58740 |
| exceed at any time the amount by which the aggregate of the | 58741 |
| amounts transferred to the account of the state under section | 58742 |
| 903(d) of the Social Security Act, as amended, exceeds the | 58743 |
| aggregate of the amounts obligated for administration and paid out | 58744 |
| for benefits and required by law to be charged against the amounts | 58745 |
| transferred to the account of the state. | 58746 |
| Section 309.80.30. TIME-LIMITED MEDICAID PROVIDER AGREEMENTS | 58747 |
| Each Medicaid provider agreement that is not time-limited on | 58748 |
| the effective date of section 5111.028 of the Revised Code, as | 58749 |
| enacted by this act, shall be converted by the Department of Job | 58750 |
| and Family Services into a time-limited provider agreement. The | 58751 |
| converted provider agreement shall expire three years from | 58752 |
| effective date of the conversion. The Department shall notify the | 58753 |
| provider in writing that provider agreement has been converted | 58754 |
| into a time-limited provider agreement. | 58755 |
| Notwithstanding division (B) of section 5111.06 of the | 58756 |
| Revised Code, the Department is not required to issue an order | 58757 |
| pursuant to an adjudication conducted in accordance with Chapter | 58758 |
| 119. of the Revised Code when converting a provider agreement | 58759 |
| under this section. | 58760 |
| Section 311.10. JCO JUDICIAL CONFERENCE OF OHIO | 58761 |
| General Revenue Fund | 58762 |
| GRF | 018-321 | Operating Expenses | $ | 985,710 | $ | 1,015,281 | 58763 | ||||
| TOTAL GRF General Revenue Fund | $ | 985,710 | $ | 1,015,281 | 58764 | ||||||
| General Services Fund Group | 58765 |
| 403 | 018-601 | Ohio Jury Instructions | $ | 350,000 | $ | 350,000 | 58766 | ||||
| TOTAL GSF General Services Fund Group | $ | 350,000 | $ | 350,000 | 58767 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,335,710 | $ | 1,365,281 | 58768 | ||||||
| STATE COUNCIL OF UNIFORM STATE LAWS | 58769 |
| Notwithstanding section 105.26 of the Revised Code, of the | 58770 |
| foregoing appropriation item 018-321, Operating Expenses, up to | 58771 |
| $71,000 in fiscal year 2008 and up to $73,000 in fiscal year 2009 | 58772 |
| may be used to pay the expenses of the State Council of Uniform | 58773 |
| State Laws, including membership dues to the National Conference | 58774 |
| of Commissioners on Uniform State Laws. | 58775 |
| OHIO JURY INSTRUCTIONS FUND | 58776 |
| The Ohio Jury Instructions Fund (Fund 403) shall consist of | 58777 |
| grants, royalties, dues, conference fees, bequests, devises, and | 58778 |
| other gifts received for the purpose of supporting costs incurred | 58779 |
| by the Judicial Conference of Ohio in dispensing educational and | 58780 |
| informational data to the state's judicial system. Fund 403 shall | 58781 |
| be used by the Judicial Conference of Ohio to pay expenses | 58782 |
| incurred in dispensing educational and informational data to the | 58783 |
| state's judicial system. All moneys accruing to Fund 403 in excess | 58784 |
| of $350,000 in fiscal year 2008 and in excess of $350,000 in | 58785 |
| fiscal year 2009 are hereby appropriated for the purposes | 58786 |
| authorized. | 58787 |
| No money in the Ohio Jury Instructions Fund shall be | 58788 |
| transferred to any other fund by the Director of Budget and | 58789 |
| Management or the Controlling Board. | 58790 |
| Section 313.10. JSC THE JUDICIARY/SUPREME COURT | 58791 |
| General Revenue Fund | 58792 |
| GRF | 005-321 | Operating Expenses - Judiciary/Supreme Court | $ | 127,778,192 | $ | 133,144,970 | 58793 | ||||
| GRF | 005-401 | State Criminal Sentencing Council | $ | 331,500 | $ | 336,770 | 58794 | ||||
| GRF | 005-406 | Law-Related Education | $ | 229,290 | $ | 236,172 | 58795 | ||||
| GRF | 005-409 | Ohio Courts Technology Initiative | $ | 4,000,000 | $ | 6,500,000 | 58796 | ||||
| GRF | 005-502 | Commission for Legal Education Opportunity | $ | 250,000 | $ | 350,000 | 58797 | ||||
| TOTAL GRF General Revenue Fund | $ | 132,588,982 | $ | 140,567,912 | 58798 | ||||||
| General Services Fund Group | 58799 |
| 672 | 005-601 | Continuing Judicial Education | $ | 136,000 | $ | 140,000 | 58800 | ||||
| TOTAL GSF General Services Fund Group | $ | 136,000 | $ | 140,000 | 58801 | ||||||
| Federal Special Revenue Fund Group | 58802 |
| 3J0 | 005-603 | Federal Grants | $ | 1,518,491 | $ | 1,467,693 | 58803 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 1,518,491 | $ | 1,467,693 | 58804 | ||||||
| State Special Revenue Fund Group | 58805 |
| 4C8 | 005-605 | Attorney Services | $ | 3,841,416 | $ | 3,936,058 | 58806 | ||||
| 5T8 | 005-609 | Grants and Awards | $ | 100,000 | $ | 100,000 | 58807 | ||||
| 6A8 | 005-606 | Supreme Court Admissions | $ | 1,496,633 | $ | 1,541,532 | 58808 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 5,438,049 | $ | 5,577,590 | 58809 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 139,681,522 | $ | 147,753,195 | 58810 | ||||||
| LAW-RELATED EDUCATION | 58811 |
| The foregoing appropriation item 005-406, Law-Related | 58812 |
| Education, shall be distributed directly to the Ohio Center for | 58813 |
| Law-Related Education for the purposes of providing continuing | 58814 |
| citizenship education activities to primary and secondary | 58815 |
| students, expanding delinquency prevention programs, increasing | 58816 |
| activities for at-risk youth, and accessing additional public and | 58817 |
| private money for new programs. | 58818 |
| OHIO COURTS TECHNOLOGY INITIATIVE | 58819 |
| The foregoing appropriation item 005-409, Ohio Courts | 58820 |
| Technology Initiative, shall be used to fund an initiative by the | 58821 |
| Supreme Court to facilitate the exchange of information and | 58822 |
| warehousing of data by and between Ohio courts and other justice | 58823 |
| system partners through the creation of an Ohio Courts Network, | 58824 |
| the delivery of technology services to courts throughout the | 58825 |
| state, including the provision of hardware, software, and the | 58826 |
| development and implementation of educational and training | 58827 |
| programs for judges and court personnel, and the creation and | 58828 |
| operation of the Commission on Technology and the Courts by the | 58829 |
| Supreme Court for the promulgation of statewide rules, policies, | 58830 |
| and uniform standards, and to aid in the orderly adoption and | 58831 |
| comprehensive use of technology in Ohio courts. | 58832 |
| COMMISSION FOR LEGAL EDUCATION OPPORTUNITY | 58833 |
| The foregoing appropriation item 005-502, Commission for | 58834 |
| Legal Education Opportunity, shall be used to fund activities of | 58835 |
| the Commission for Legal Education Opportunity created by the | 58836 |
| Chief Justice of the Supreme Court of Ohio for purposes of | 58837 |
| assisting minority, low-income, and educationally disadvantaged | 58838 |
| college graduates in transition to legal education. Moneys | 58839 |
| appropriated to the Commission for Legal Education Opportunity may | 58840 |
| be used to establish and provide intensive course study designed | 58841 |
| to prepare eligible college graduates for law education, provide | 58842 |
| annual stipends for students who successfully complete the course | 58843 |
| of study and are admitted to and maintain satisfactory academic | 58844 |
| standing in an Ohio law school, and pay the administrative costs | 58845 |
| associated with the program. | 58846 |
| CONTINUING JUDICIAL EDUCATION | 58847 |
| The Continuing Judicial Education Fund (Fund 672) shall | 58848 |
| consist of fees paid by judges and court personnel for attending | 58849 |
| continuing education courses and other gifts and grants received | 58850 |
| for the purpose of continuing judicial education. The foregoing | 58851 |
| appropriation item 005-601, Continuing Judicial Education, shall | 58852 |
| be used to pay expenses for continuing education courses for | 58853 |
| judges and court personnel. If it is determined by the | 58854 |
| Administrative Director of the Supreme Court that additional | 58855 |
| appropriations are necessary, the amounts are hereby appropriated. | 58856 |
| No money in the Continuing Judicial Education Fund shall be | 58857 |
| transferred to any other fund by the Director of Budget and | 58858 |
| Management or the Controlling Board. Interest earned on moneys in | 58859 |
| the Continuing Judicial Education Fund shall be credited to the | 58860 |
| fund. | 58861 |
| FEDERAL GRANTS | 58862 |
| The Federal Grants Fund (Fund 3J0) shall consist of grants | 58863 |
| and other moneys awarded to the Supreme Court (The Judiciary) by | 58864 |
| the United States Government or other entities that receive the | 58865 |
| moneys directly from the United States Government and distribute | 58866 |
| those moneys to the Supreme Court (The Judiciary). The foregoing | 58867 |
| appropriation item 005-603, Federal Grants, shall be used in a | 58868 |
| manner consistent with the purpose of the grant or award. If it is | 58869 |
| determined by the Administrative Director of the Supreme Court | 58870 |
| that additional appropriations are necessary, the amounts are | 58871 |
| hereby appropriated. | 58872 |
| No money in the Federal Grants Fund shall be transferred to | 58873 |
| any other fund by the Director of Budget and Management or the | 58874 |
| Controlling Board. However, interest earned on moneys in the | 58875 |
| Federal Grants Fund shall be credited or transferred to the | 58876 |
| General Revenue Fund. | 58877 |
| ATTORNEY SERVICES | 58878 |
| The Attorney Services Fund (Fund 4C8), formerly known as the | 58879 |
| Attorney Registration Fund, shall consist of moneys received by | 58880 |
| the Supreme Court (The Judiciary) pursuant to the Rules for the | 58881 |
| Government of the Bar of Ohio. In addition to funding other | 58882 |
| activities considered appropriate by the Supreme Court, the | 58883 |
| foregoing appropriation item 005-605, Attorney Services, may be | 58884 |
| used to compensate employees and to fund appropriate activities of | 58885 |
| the following offices established by the Supreme Court: the Office | 58886 |
| of Disciplinary Counsel, the Board of Commissioners on Grievances | 58887 |
| and Discipline, the Clients' Security Fund, and the Attorney | 58888 |
| Services Division. If it is determined by the Administrative | 58889 |
| Director of the Supreme Court that additional appropriations are | 58890 |
| necessary, the amounts are hereby appropriated. | 58891 |
| No moneys in the Attorney Services Fund shall be transferred | 58892 |
| to any other fund by the Director of Budget and Management or the | 58893 |
| Controlling Board. Interest earned on moneys in the Attorney | 58894 |
| Services Fund shall be credited to the fund. | 58895 |
| GRANTS AND AWARDS | 58896 |
| The Grants and Awards Fund (Fund 5T8) shall consist of grants | 58897 |
| and other moneys awarded to the Supreme Court (The Judiciary) by | 58898 |
| the State Justice Institute, the Division of Criminal Justice | 58899 |
| Services, or other entities. The foregoing appropriation item | 58900 |
| 005-609, Grants and Awards, shall be used in a manner consistent | 58901 |
| with the purpose of the grant or award. If it is determined by the | 58902 |
| Administrative Director of the Supreme Court that additional | 58903 |
| appropriations are necessary, the amounts are hereby appropriated. | 58904 |
| No moneys in the Grants and Awards Fund shall be transferred | 58905 |
| to any other fund by the Director of Budget and Management or the | 58906 |
| Controlling Board. However, interest earned on moneys in the | 58907 |
| Grants and Awards Fund shall be credited or transferred to the | 58908 |
| General Revenue Fund. | 58909 |
| SUPREME COURT ADMISSIONS | 58910 |
| The foregoing appropriation item 005-606, Supreme Court | 58911 |
| Admissions, shall be used to compensate Supreme Court employees | 58912 |
| who are primarily responsible for administering the attorney | 58913 |
| admissions program under the Rules for the Government of the Bar | 58914 |
| of Ohio, and to fund any other activities considered appropriate | 58915 |
| by the court. Moneys shall be deposited into the Supreme Court | 58916 |
| Admissions Fund (Fund 6A8) under the Supreme Court Rules for the | 58917 |
| Government of the Bar of Ohio. If it is determined by the | 58918 |
| Administrative Director of the Supreme Court that additional | 58919 |
| appropriations are necessary, the amounts are hereby appropriated. | 58920 |
| No moneys in the Supreme Court Admissions Fund shall be | 58921 |
| transferred to any other fund by the Director of Budget and | 58922 |
| Management or the Controlling Board. Interest earned on moneys in | 58923 |
| the Supreme Court Admissions Fund shall be credited to the fund. | 58924 |
| FUND ELIMINATION | 58925 |
| Effective July 1, 2007, or as soon as practicable thereafter, | 58926 |
| the Director of Budget and Management shall transfer the cash | 58927 |
| balance in the Commission on Continuing Legal Education Fund (Fund | 58928 |
| 643) to the Attorney Services Fund (Fund 4C8). The director shall | 58929 |
| cancel any existing encumbrances against appropriation item | 58930 |
| 005-607, Commission on Continuing Legal Education, and | 58931 |
| re-establish them against appropriation item 005-605, Attorney | 58932 |
| Services. The amounts of the re-established encumbrances are | 58933 |
| hereby appropriated. Upon completion of these transfers, the | 58934 |
| Commission on Continuing Legal Education Fund (Fund 643) is hereby | 58935 |
| abolished. | 58936 |
| Section 315.10. LEC LAKE ERIE COMMISSION | 58937 |
| State Special Revenue Fund Group | 58938 |
| 4C0 | 780-601 | Lake Erie Protection Fund | $ | 450,000 | $ | 450,000 | 58939 | ||||
| 5D8 | 780-602 | Lake Erie Resources Fund | $ | 387,000 | $ | 388,000 | 58940 | ||||
| TOTAL SSR State Special Revenue | 58941 | ||||||||||
| Fund Group | $ | 837,000 | $ | 838,000 | 58942 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 837,000 | $ | 838,000 | 58943 | ||||||
| CASH TRANSFER | 58944 |
| Not later than the thirtieth day of November of each fiscal | 58945 |
| year, the Executive Director of the Ohio Lake Erie Office, with | 58946 |
| the approval of the Lake Erie Commission, shall certify to the | 58947 |
| Director of Budget and Management the cash balance in the Lake | 58948 |
| Erie Resources Fund (Fund 5D8) in excess of amounts needed to meet | 58949 |
| operating expenses of the Lake Erie Office. The Lake Erie Office | 58950 |
| may request the Director of Budget and Management to transfer up | 58951 |
| to the certified amount from the Lake Erie Resources Fund (Fund | 58952 |
| 5D8) to the Lake Erie Protection Fund (Fund 4C0). The Director of | 58953 |
| Budget and Management may transfer the requested amount, or the | 58954 |
| Director may transfer a different amount up to the certified | 58955 |
| amount. Cash transferred shall be used for the purposes described | 58956 |
| in division (A) of section 1506.23 of the Revised Code. The amount | 58957 |
| transferred by the director is hereby appropriated to the | 58958 |
| foregoing appropriation item 780-601, Lake Erie Protection Fund, | 58959 |
| which shall be increased by the amount transferred. | 58960 |
| Section 317.10. LRS LEGAL RIGHTS SERVICE | 58961 |
| General Revenue Fund | 58962 |
| GRF | 054-321 | Support Services | $ | 198,075 | $ | 198,075 | 58963 | ||||
| GRF | 054-401 | Ombudsman | $ | 291,247 | $ | 291,247 | 58964 | ||||
| TOTAL GRF General Revenue Fund | $ | 489,322 | $ | 489,322 | 58965 | ||||||
| General Services Fund Group | 58966 |
| 5M0 | 054-610 | Program Support | $ | 81,352 | $ | 81,352 | 58967 | ||||
| TOTAL GSF General Services | 58968 | ||||||||||
| Fund Group | $ | 81,352 | $ | 81,352 | 58969 | ||||||
| Federal Special Revenue Fund Group | 58970 |
| 3AG | 054-613 | Protection and Advocacy - Voter Accessibility | $ | 115,000 | $ | 115,000 | 58971 | ||||
| 3B8 | 054-603 | Protection and Advocacy - Mentally Ill | $ | 1,089,999 | $ | 1,089,999 | 58972 | ||||
| 3CA | 054-615 | Work Incentives Planning and Assistance | $ | 355,000 | $ | 355,000 | 58973 | ||||
| 3N3 | 054-606 | Protection and Advocacy - Individual Rights | $ | 560,000 | $ | 560,000 | 58974 | ||||
| 3N9 | 054-607 | Assistive Technology | $ | 160,000 | $ | 160,000 | 58975 | ||||
| 3R9 | 054-604 | Family Support Collaborative | $ | 55,000 | $ | 55,000 | 58976 | ||||
| 3R9 | 054-616 | Developmental Disability Publications | $ | 130,000 | $ | 130,000 | 58977 | ||||
| 3T2 | 054-609 | Client Assistance Program | $ | 435,000 | $ | 435,000 | 58978 | ||||
| 3X1 | 054-611 | Protection and Advocacy for Beneficiaries of Social Security | $ | 235,001 | $ | 235,001 | 58979 | ||||
| 3Z6 | 054-612 | Traumatic Brain Injury | $ | 70,000 | $ | 70,000 | 58980 | ||||
| 305 | 054-602 | Protection and Advocacy - Developmentally Disabled | $ | 1,500,000 | $ | 1,500,000 | 58981 | ||||
| TOTAL FED Federal Special Revenue | 58982 | ||||||||||
| Fund Group | $ | 4,705,000 | $ | 4,705,000 | 58983 | ||||||
| State Special Revenue Fund Group | 58984 |
| 5AE | 054-614 | Grants and Contracts | $ | 100,000 | $ | 100,000 | 58985 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 100,000 | $ | 100,000 | 58986 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,375,674 | $ | 5,375,674 | 58987 | ||||||
| Section 319.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE | 58989 |
| General Revenue Fund | 58990 |
| GRF | 028-321 | Legislative Ethics Committee | $ | 550,000 | $ | 550,000 | 58991 | ||||
| TOTAL GRF General Revenue Fund | $ | 550,000 | $ | 550,000 | 58992 | ||||||
| General Services Fund Group | 58993 |
| 4G7 | 028-601 | Joint Legislative Ethics Committee | $ | 100,000 | $ | 100,000 | 58994 | ||||
| TOTAL GSF General Services Fund Group | $ | 100,000 | $ | 100,000 | 58995 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 650,000 | $ | 650,000 | 58996 | ||||||
| Section 321.10. LSC LEGISLATIVE SERVICE COMMISSION | 58997 |
| General Revenue Fund | 58998 |
| GRF | 035-321 | Operating Expenses | $ | 15,167,700 | $ | 15,167,700 | 58999 | ||||
| GRF | 035-402 | Legislative Interns | $ | 1,022,120 | $ | 1,022,120 | 59000 | ||||
| GRF | 035-405 | Correctional Institution Inspection Committee | $ | 393,900 | $ | 393,900 | 59001 | ||||
| GRF | 035-409 | National Associations | $ | 460,560 | $ | 460,560 | 59002 | ||||
| GRF | 035-410 | Legislative Information Systems | $ | 3,661,250 | $ | 3,661,250 | 59003 | ||||
| TOTAL GRF General Revenue Fund | $ | 20,705,530 | $ | 20,705,530 | 59004 | ||||||
| General Services Fund Group | 59005 |
| 4F6 | 035-603 | Legislative Budget Services | $ | 154,025 | $ | 154,025 | 59006 | ||||
| 410 | 035-601 | Sale of Publications | $ | 25,250 | $ | 25,250 | 59007 | ||||
| 5EF | 035-607 | House and Senate Telephone Usage | $ | 30,000 | $ | 30,000 | 59008 | ||||
| TOTAL GSF General Services | 59009 | ||||||||||
| Fund Group | $ | 209,275 | $ | 209,275 | 59010 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 20,914,805 | $ | 20,914,805 | 59011 | ||||||
| JOINT LEGISLATIVE COMMITTEE ON MEDICAID TECHNOLOGY AND REFORM | 59012 |
| Of the foregoing appropriation item 035-321, Operating | 59013 |
| Expenses, $100,000 in each fiscal year shall be used for costs | 59014 |
| associated with employing an executive director for the Joint | 59015 |
| Legislative Committee on Medicaid Technology and Reform as | 59016 |
| authorized by division (C) of section 101.391 of the Revised Code. | 59017 |
| OHIO ECONOMIC ANALYSIS | 59018 |
| Of the foregoing appropriation item 035-321, Operating | 59019 |
| Expenses, up to $250,000 in each fiscal year shall be used to | 59020 |
| contract with a person, business, or other entity to provide the | 59021 |
| General Assembly with additional revenue forecasting and analysis | 59022 |
| of the Ohio economy. | 59023 |
| Section 323.10. LIB STATE LIBRARY BOARD | 59024 |
| General Revenue Fund | 59025 |
| GRF | 350-321 | Operating Expenses | $ | 6,298,677 | $ | 6,298,677 | 59026 | ||||
| GRF | 350-400 | Ohio Public Library Information Network | $ | 4,330,000 | $ | 4,330,000 | 59027 | ||||
| GRF | 350-401 | Ohioana Rental Payments | $ | 124,816 | $ | 124,816 | 59028 | ||||
| GRF | 350-501 | Library for the Blind-Cincinnati | $ | 535,615 | $ | 535,615 | 59029 | ||||
| GRF | 350-502 | Regional Library Systems | $ | 1,010,441 | $ | 1,010,441 | 59030 | ||||
| GRF | 350-503 | Library for the Blind-Cleveland | $ | 805,642 | $ | 805,642 | 59031 | ||||
| TOTAL GRF General Revenue Fund | $ | 13,105,191 | $ | 13,105,191 | 59032 | ||||||
| General Services Fund Group | 59033 |
| 139 | 350-602 | Intra-Agency Service Charges | $ | 9,000 | $ | 9,000 | 59034 | ||||
| 4S4 | 350-604 | Ohio Public Library Information Network Technology | $ | 3,000,000 | $ | 3,000,000 | 59035 | ||||
| 459 | 350-602 | Library Service Charges | $ | 2,708,092 | $ | 2,708,092 | 59036 | ||||
| TOTAL GSF General Services | 59037 | ||||||||||
| Fund Group | $ | 5,717,092 | $ | 5,717,092 | 59038 | ||||||
| Federal Special Revenue Fund Group | 59039 |
| 313 | 350-601 | LSTA Federal | $ | 5,691,792 | $ | 5,691,792 | 59040 | ||||
| TOTAL FED Federal Special Revenue | 59041 | ||||||||||
| Fund Group | $ | 5,691,792 | $ | 5,691,792 | 59042 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 24,514,075 | $ | 24,514,075 | 59043 | ||||||
| OHIOANA RENTAL PAYMENTS | 59044 |
| The foregoing appropriation item 350-401, Ohioana Rental | 59045 |
| Payments, shall be used to pay the rental expenses of the Martha | 59046 |
| Kinney Cooper Ohioana Library Association pursuant to section | 59047 |
| 3375.61 of the Revised Code. | 59048 |
| LIBRARY FOR THE BLIND-CINCINNATI | 59049 |
| The foregoing appropriation item 350-501, Library for the | 59050 |
| Blind-Cincinnati, shall be used for the Talking Book program, | 59051 |
| which assists the blind and disabled. | 59052 |
| REGIONAL LIBRARY SYSTEMS | 59053 |
| The foregoing appropriation item 350-502, Regional Library | 59054 |
| Systems, shall be used to support regional library systems | 59055 |
| eligible for funding under sections 3375.83 and 3375.90 of the | 59056 |
| Revised Code. | 59057 |
| LIBRARY FOR THE BLIND-CLEVELAND | 59058 |
| The foregoing appropriation item 350-503, Library for the | 59059 |
| Blind-Cleveland, shall be used for the Talking Book program, which | 59060 |
| assists the blind and disabled. | 59061 |
| OHIO PUBLIC LIBRARY INFORMATION NETWORK | 59062 |
| The foregoing appropriation items 350-604, Ohio Public | 59063 |
| Library Information Network Technology, and 350-400, Ohio Public | 59064 |
| Library Information Network, shall be used for an information | 59065 |
| telecommunications network linking public libraries in the state | 59066 |
| and such others as may be certified as participants by the Ohio | 59067 |
| Public Library Information Network Board. | 59068 |
| The Ohio Public Library Information Network Board shall | 59069 |
| consist of eleven members appointed by the State Library Board | 59070 |
| from among the staff of public libraries and past and present | 59071 |
| members of boards of trustees of public libraries, based on the | 59072 |
| recommendations of the Ohio library community. The Ohio Public | 59073 |
| Library Information Network Board, in consultation with the State | 59074 |
| Library, shall develop a plan of operations for the network. The | 59075 |
| board may make decisions regarding use of the foregoing | 59076 |
| appropriation items 350-400, Ohio Public Library Information | 59077 |
| Network, and 350-604, Ohio Public Library Information Network | 59078 |
| Technology, may receive and expend grants to carry out the | 59079 |
| operations of the network in accordance with state law and the | 59080 |
| authority to appoint and fix the compensation of a director and | 59081 |
| necessary staff. The State Library shall be the fiscal agent for | 59082 |
| the network and shall have fiscal accountability for the | 59083 |
| expenditure of funds. The Ohio Public Library Information Network | 59084 |
| Board members shall be reimbursed for actual travel and necessary | 59085 |
| expenses incurred in carrying out their responsibilities. | 59086 |
| In order to limit access to obscene and illegal materials | 59087 |
| through internet use at Ohio Public Library Information Network | 59088 |
| (OPLIN) terminals, local libraries with OPLIN computer terminals | 59089 |
| shall adopt policies that control access to obscene and illegal | 59090 |
| materials. These policies may include use of technological systems | 59091 |
| to select or block certain internet access. The OPLIN shall | 59092 |
| condition provision of its funds, goods, and services on | 59093 |
| compliance with these policies. The OPLIN Board shall also adopt | 59094 |
| and communicate specific recommendations to local libraries on | 59095 |
| methods to control such improper usage. These methods may include | 59096 |
| each library implementing a written policy controlling such | 59097 |
| improper use of library terminals and requirements for parental | 59098 |
| involvement or written authorization for juvenile internet usage. | 59099 |
| Of the foregoing appropriation item 350-400, Ohio Public | 59100 |
| Library Information Network, up to $100,000 in each fiscal year | 59101 |
| shall be used to help local libraries purchase or maintain filters | 59102 |
| to screen out obscene and illegal internet materials. | 59103 |
| The OPLIN Board shall research and assist or advise local | 59104 |
| libraries with regard to emerging technologies and methods that | 59105 |
| may be effective means to control access to obscene and illegal | 59106 |
| materials. The OPLIN Executive Director shall biannually provide | 59107 |
| written reports to the Governor, the Speaker and Minority Leader | 59108 |
| of the House of Representatives, and the President and Minority | 59109 |
| Leader of the Senate on any steps being taken by OPLIN and public | 59110 |
| libraries in the state to limit and control such improper usage as | 59111 |
| well as information on technological, legal, and law enforcement | 59112 |
| trends nationally and internationally affecting this area of | 59113 |
| public access and service. | 59114 |
| The Ohio Public Library Information Network, INFOhio, and | 59115 |
| OhioLINK shall, to the extent feasible, coordinate and cooperate | 59116 |
| in their purchase or other acquisition of the use of electronic | 59117 |
| databases for their respective users and shall contribute funds in | 59118 |
| an equitable manner to such effort. | 59119 |
| Section 325.10. LCO LIQUOR CONTROL COMMISSION | 59120 |
| Liquor Control Fund Group | 59121 |
| 043 | 970-321 | Operating Expenses | $ | 743,093 | $ | 772,524 | 59122 | ||||
| TOTAL LCF Liquor Control Fund Group | $ | 743,093 | $ | 772,524 | 59123 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 743,093 | $ | 772,524 | 59124 | ||||||
| Section 327.10. LOT STATE LOTTERY COMMISSION | 59126 |
| General Services Fund Group | 59127 |
| 231 | 950-604 | Charitable Gaming Oversight | $ | 2,253,000 | $ | 2,378,000 | 59128 | ||||
| TOTAL GSF General Services Fund Group | $ | 2,253,000 | $ | 2,378,000 | 59129 | ||||||
| State Lottery Fund Group | 59130 |
| 044 | 950-100 | Personal Services | $ | 25,945,116 | $ | 27,085,265 | 59131 | ||||
| 044 | 950-200 | Maintenance | $ | 18,748,274 | $ | 18,693,328 | 59132 | ||||
| 044 | 950-300 | Equipment | $ | 2,554,500 | $ | 2,446,500 | 59133 | ||||
| 044 | 950-402 | Advertising Contracts | $ | 21,250,000 | $ | 21,250,000 | 59134 | ||||
| 044 | 950-403 | Gaming Contracts | $ | 50,419,360 | $ | 51,250,704 | 59135 | ||||
| 044 | 950-500 | Problem Gambling Subsidy | $ | 335,000 | $ | 335,000 | 59136 | ||||
| 044 | 950-601 | Direct Prize Payments | $ | 147,716,286 | $ | 147,716,286 | 59137 | ||||
| 871 | 950-602 | Annuity Prizes | $ | 151,724,305 | $ | 151,724,305 | 59138 | ||||
| TOTAL SLF State Lottery Fund | 59139 | ||||||||||
| Group | $ | 418,692,841 | $ | 420,501,388 | 59140 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 420,945,841 | $ | 422,879,388 | 59141 | ||||||
| OPERATING EXPENSES | 59142 |
| Notwithstanding sections 127.14 and 131.35 of the Revised | 59143 |
| Code, the Controlling Board may, at the request of the State | 59144 |
| Lottery Commission, authorize additional appropriations for | 59145 |
| operating expenses of the State Lottery Commission from the State | 59146 |
| Lottery Fund up to a maximum of 15 per cent of anticipated total | 59147 |
| revenue accruing from the sale of lottery tickets. | 59148 |
| DIRECT PRIZE PAYMENTS | 59149 |
| Any amounts, in addition to the amounts appropriated in | 59150 |
| appropriation item 950-601, Direct Prize Payments, that the | 59151 |
| Director of the State Lottery Commission determines to be | 59152 |
| necessary to fund prizes, bonuses, and commissions are hereby | 59153 |
| appropriated. | 59154 |
| ANNUITY PRIZES | 59155 |
| With the approval of the Office of Budget and Management, the | 59156 |
| State Lottery Commission shall transfer cash from the State | 59157 |
| Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund | 59158 |
| (Fund 871) in an amount sufficient to fund deferred prizes. The | 59159 |
| Treasurer of State, from time to time, shall credit the Deferred | 59160 |
| Prizes Trust Fund (Fund 871) the pro rata share of interest earned | 59161 |
| by the Treasurer of State on invested balances. | 59162 |
| Any amounts, in addition to the amounts appropriated in | 59163 |
| appropriation item 950-602, Annuity Prizes, that the Director of | 59164 |
| the State Lottery Commission determines to be necessary to fund | 59165 |
| deferred prizes and interest earnings are hereby appropriated. | 59166 |
| TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND | 59167 |
| The Ohio Lottery Commission shall transfer an amount greater | 59168 |
| than or equal to $657,900,000 in fiscal year 2008 and $667,900,000 | 59169 |
| in fiscal year 2009 to the Lottery Profits Education Fund. | 59170 |
| Transfers from the Commission to the Lottery Profits Education | 59171 |
| Fund shall represent the estimated net income from operations for | 59172 |
| the Commission in fiscal year 2008 and fiscal year 2009. Transfers | 59173 |
| by the Commission to the Lottery Profits Education Fund shall be | 59174 |
| administered as the statutes direct. | 59175 |
| Section 329.10. MHC MANUFACTURED HOMES COMMISSION | 59176 |
| General Services Fund Group | 59177 |
| 4K9 | 996-609 | Operating Expenses | $ | 418,122 | $ | 434,671 | 59178 | ||||
| TOTAL GSF General Services | 59179 | ||||||||||
| Fund Group | $ | 418,122 | $ | 434,671 | 59180 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 418,122 | $ | 434,671 | 59181 | ||||||
| Section 331.10. MED STATE MEDICAL BOARD | 59183 |
| General Services Fund Group | 59184 |
| 5C6 | 883-609 | Operating Expenses | $ | 7,883,145 | $ | 8,225,945 | 59185 | ||||
| TOTAL GSF General Services | 59186 | ||||||||||
| Fund Group | $ | 7,883,145 | $ | 8,225,945 | 59187 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 7,883,145 | $ | 8,225,945 | 59188 | ||||||
| Section 333.10. AMB MEDICAL TRANSPORTATION BOARD | 59190 |
| General Services Fund Group | 59191 |
| 4K9 | 915-604 | Operating Expenses | $ | 471,450 | $ | 473,450 | 59192 | ||||
| TOTAL GSF General Services | 59193 | ||||||||||
| Fund Group | $ | 471,450 | $ | 473,450 | 59194 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 471,450 | $ | 473,450 | 59195 | ||||||
| CASH TRANSFER TO OCCUPATIONAL LICENSING AND REGULATORY FUND | 59196 |
| (FUND 4K9) | 59197 |
| Effective July 1, 2007, or as soon as practicable thereafter, | 59198 |
| the Director of Budget and Management may transfer the cash | 59199 |
| balance in the Ohio Medical Transportation Trust Fund (Fund 4N1), | 59200 |
| created in division (B) of section 4766.05 of the Revised Code, to | 59201 |
| the Occupational Licensing and Regulatory Fund (Fund 4K9), created | 59202 |
| in section 4743.05 of the Revised Code. The director shall cancel | 59203 |
| any existing encumbrances against appropriation item 915-601, | 59204 |
| Operating Expenses, and re-establish them against appropriation | 59205 |
| item 915-604, Operating Expenses. The amounts of the | 59206 |
| re-established encumbrances are hereby appropriated. Upon | 59207 |
| completion of these transfers, the Ohio Medical Transportation | 59208 |
| Trust Fund (Fund 4N1) is hereby abolished. | 59209 |
| Section 335.10. DMH DEPARTMENT OF MENTAL HEALTH | 59210 |
| General Services Fund Group | 59211 |
| 151 | 336-601 | Office of Support Services | $ | 134,060,000 | $ | 148,998,000 | 59212 | ||||
| TOTAL General Services Fund Group | $ | 134,060,000 | $ | 148,998,000 | 59213 | ||||||
| 59214 |
| 59215 |
| General Revenue Fund | 59216 |
| GRF | 332-401 | Forensic Services | $ | 4,338,858 | $ | 4,338,858 | 59217 | ||||
| TOTAL GRF General Revenue Fund | $ | 4,338,858 | $ | 4,338,858 | 59218 | ||||||
| Section 335.10.10. FORENSIC SERVICES | 59220 |
| The foregoing appropriation item 332-401, Forensic Services, | 59221 |
| shall be used to provide psychiatric services to courts of common | 59222 |
| pleas. The appropriation shall be allocated through community | 59223 |
| mental health boards to certified community agencies and shall be | 59224 |
| distributed according to the criteria delineated in rule | 59225 |
| 5122:32-01 of the Administrative Code. These community forensic | 59226 |
| funds may also be used to provide forensic training to community | 59227 |
| mental health boards and to forensic psychiatry residency programs | 59228 |
| in hospitals operated by the Department of Mental Health and to | 59229 |
| provide evaluations of patients of forensic status in facilities | 59230 |
| operated by the Department of Mental Health prior to conditional | 59231 |
| release to the community. | 59232 |
| In addition, appropriation item 332-401, Forensic Services, | 59233 |
| may be used to support projects involving mental health, substance | 59234 |
| abuse, courts, and law enforcement to identify and develop | 59235 |
| appropriate alternative services to incarceration for nonviolent | 59236 |
| mentally ill offenders, and to provide specialized re-entry | 59237 |
| services to offenders leaving prisons and jails. Funds may also be | 59238 |
| utilized to provide forensic monitoring and tracking in addition | 59239 |
| to community programs serving persons of forensic status on | 59240 |
| conditional release or probation. | 59241 |
| Section 335.20. Division of Mental Health-- | 59242 |
| 59243 |
| General Revenue Fund | 59244 |
| GRF | 333-321 | Central Administration | $ | 23,750,000 | $ | 23,750,000 | 59245 | ||||
| GRF | 333-402 | Resident Trainees | $ | 1,364,919 | $ | 1,364,919 | 59246 | ||||
| GRF | 333-403 | Pre-Admission Screening Expenses | $ | 650,135 | $ | 650,135 | 59247 | ||||
| GRF | 333-415 | Lease-Rental Payments | $ | 23,767,400 | $ | 20,504,500 | 59248 | ||||
| GRF | 333-416 | Research Program Evaluation | $ | 1,001,551 | $ | 1,001,551 | 59249 | ||||
| TOTAL GRF General Revenue Fund | $ | 50,534,005 | $ | 47,271,105 | 59250 | ||||||
| General Services Fund Group | 59251 |
| 149 | 333-609 | Central Office Operating | $ | 1,200,000 | $ | 1,200,000 | 59252 | ||||
| TOTAL General Services Fund Group | $ | 1,200,000 | $ | 1,200,000 | 59253 | ||||||
| Federal Special Revenue Fund Group | 59254 |
| 3A6 | 333-608 | Community & Hospital Services | $ | 140,000 | $ | 140,000 | 59255 | ||||
| 3A7 | 333-612 | Social Services Block Grant | $ | 25,000 | $ | 25,000 | 59256 | ||||
| 3A8 | 333-613 | Federal Grant - Administration | $ | 4,888,105 | $ | 4,888,105 | 59257 | ||||
| 3A9 | 333-614 | Mental Health Block Grant - Administration | $ | 748,470 | $ | 748,470 | 59258 | ||||
| 3B1 | 333-635 | Community Medicaid Expansion | $ | 13,691,682 | $ | 13,691,682 | 59259 | ||||
| 324 | 333-605 | Medicaid/Medicare | $ | 154,500 | $ | 154,500 | 59260 | ||||
| TOTAL Federal Special Revenue | 59261 | ||||||||||
| Fund Group | $ | 19,647,757 | $ | 19,647,757 | 59262 | ||||||
| State Special Revenue Fund Group | 59263 |
| 232 | 333-621 | Family and Children First Administration | $ | 625,000 | $ | 625,000 | 59264 | ||||
| 4X5 | 333-607 | Behavioral Health Medicaid Services | $ | 3,000,634 | $ | 3,000,634 | 59265 | ||||
| 485 | 333-632 | Mental Health Operating | $ | 134,233 | $ | 134,233 | 59266 | ||||
| 5V2 | 333-611 | Non-Federal Miscellaneous | $ | 580,000 | $ | 560,000 | 59267 | ||||
| TOTAL State Special Revenue | 59268 | ||||||||||
| Fund Group | $ | 4,339,867 | $ | 4,319,867 | 59269 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 75,721,629 | $ | 72,438,729 | 59270 | ||||||
| Section 335.20.10. RESIDENCY TRAINEESHIP PROGRAMS | 59272 |
| The foregoing appropriation item 333-402, Resident Trainees, | 59273 |
| shall be used to fund training agreements entered into by the | 59274 |
| Department of Mental Health for the development of curricula and | 59275 |
| the provision of training programs to support public mental health | 59276 |
| services. | 59277 |
| Section 335.20.20. PRE-ADMISSION SCREENING EXPENSES | 59278 |
| The foregoing appropriation item 333-403, Pre-Admission | 59279 |
| Screening Expenses, shall be used to pay for costs to ensure that | 59280 |
| uniform statewide methods for pre-admission screening are in place | 59281 |
| to perform assessments for persons who have severe mental illness | 59282 |
| and are referred for long-term Medicaid certified nursing facility | 59283 |
| placement. Pre-admission screening includes the following | 59284 |
| activities: pre-admission assessment, consideration of continued | 59285 |
| stay requests, discharge planning and referral, and adjudication | 59286 |
| of appeals and grievance procedures. | 59287 |
| Section 335.20.30. LEASE-RENTAL PAYMENTS | 59288 |
| The foregoing appropriation item 333-415, Lease-Rental | 59289 |
| Payments, shall be used to meet all payments during the period | 59290 |
| from July 1, 2007, to June 30, 2009, by the Department of Mental | 59291 |
| Health under leases and agreements made under section 154.20 of | 59292 |
| the Revised Code. These appropriations are the source of funds | 59293 |
| pledged for bond service charges on obligations issued pursuant to | 59294 |
| Chapter 154. of the Revised Code. | 59295 |
| Section 335.20.40. BEHAVIORAL HEALTH MEDICAID SERVICES | 59296 |
| The Department of Mental Health shall administer specified | 59297 |
| Medicaid Services as delegated by the Department of Job and Family | 59298 |
| Services in an interagency agreement. The foregoing appropriation | 59299 |
| item 333-607, Behavioral Health Medicaid Services, may be used to | 59300 |
| make payments for free-standing psychiatric hospital inpatient | 59301 |
| services as defined in an interagency agreement with the | 59302 |
| Department of Job and Family Services. | 59303 |
| Section 335.20.50. PERFORMANCE REVIEW | 59304 |
| The Auditor of State shall complete a performance review of | 59305 |
| the Department of Mental Health. Upon completing the performance | 59306 |
| review, the Auditor of State shall submit a report of the findings | 59307 |
| of the review to the Governor, the President of the Senate, the | 59308 |
| Speaker of the House of Representatives, and the Director of | 59309 |
| Mental Health. | 59310 |
| Section 335.30. DIVISION OF MENTAL HEALTH - HOSPITALS | 59311 |
| General Revenue Fund | 59312 |
| GRF | 334-408 | Community and Hospital Mental Health Services | $ | 400,324,545 | $ | 400,324,545 | 59313 | ||||
| GRF | 334-506 | Court Costs | $ | 976,652 | $ | 976,652 | 59314 | ||||
| TOTAL GRF General Revenue Fund | $ | 401,301,197 | $ | 401,301,197 | 59315 | ||||||
| General Services Fund Group | 59316 |
| 149 | 334-609 | Hospital - Operating Expenses | $ | 33,800,000 | $ | 33,800,000 | 59317 | ||||
| 150 | 334-620 | Special Education | $ | 120,930 | $ | 120,930 | 59318 | ||||
| TOTAL GSF General Services | 59319 | ||||||||||
| Fund Group | $ | 33,920,930 | $ | 33,920,930 | 59320 | ||||||
| Federal Special Revenue Fund Group | 59321 |
| 3A6 | 334-608 | Subsidy for Federal Grants | $ | 586,224 | $ | 586,224 | 59322 | ||||
| 3A8 | 334-613 | Federal Letter of Credit | $ | 200,000 | $ | 200,000 | 59323 | ||||
| 3B0 | 334-617 | Adult Basic and Literary Education | $ | 182,334 | $ | 182,334 | 59324 | ||||
| 3B1 | 334-635 | Hospital Medicaid Expansion | $ | 2,000,000 | $ | 2,000,000 | 59325 | ||||
| 324 | 334-605 | Medicaid/Medicare | $ | 34,500,000 | $ | 50,500,000 | 59326 | ||||
| TOTAL FED Federal Special Revenue | 59327 | ||||||||||
| Fund Group | $ | 37,468,558 | $ | 53,468,558 | 59328 | ||||||
| State Special Revenue Fund Group | 59329 |
| 485 | 334-632 | Mental Health Operating | $ | 3,100,000 | $ | 3,100,000 | 59330 | ||||
| 692 | 334-636 | Community Mental Health Board Risk Fund | $ | 80,000 | $ | 80,000 | 59331 | ||||
| TOTAL SSR State Special Revenue | 59332 | ||||||||||
| Fund Group | $ | 3,180,000 | $ | 3,180,000 | 59333 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 475,870,685 | $ | 496,870,685 | 59334 | ||||||
| Section 335.30.20. COMMUNITY MENTAL HEALTH BOARD RISK FUND | 59336 |
| The foregoing appropriation item 334-636, Community Mental | 59337 |
| Health Board Risk Fund, shall be used to make payments under | 59338 |
| section 5119.62 of the Revised Code. | 59339 |
| Section 335.40. DIVISION OF MENTAL HEALTH - COMMUNITY SUPPORT | 59340 |
| SERVICES | 59341 |
| General Revenue Fund | 59342 |
| GRF | 335-404 | Behavioral Health Services-Children | $ | 8,076,153 | $ | 8,711,153 | 59343 | ||||
| GRF | 335-405 | Family & Children First | $ | 2,260,000 | $ | 2,260,000 | 59344 | ||||
| GRF | 335-419 | Community Medication Subsidy | $ | 7,959,798 | $ | 7,959,798 | 59345 | ||||
| GRF | 335-505 | Local Mental Health Systems of Care | $ | 101,937,868 | $ | 101,937,868 | 59346 | ||||
| TOTAL GRF General Revenue Fund | $ | 120,233,819 | $ | 120,868,819 | 59347 | ||||||
| General Services Fund Group | 59348 |
| 4P9 | 335-604 | Community Mental Health Projects | $ | 250,000 | $ | 250,000 | 59349 | ||||
| TOTAL GSF General Services | 59350 | ||||||||||
| Fund Group | $ | 250,000 | $ | 250,000 | 59351 | ||||||
| Federal Special Revenue Fund Group | 59352 |
| 3A6 | 335-608 | Federal Miscellaneous | $ | 2,178,699 | $ | 2,178,699 | 59353 | ||||
| 3A7 | 335-612 | Social Services Block Grant | $ | 8,657,288 | $ | 8,657,288 | 59354 | ||||
| 3A8 | 335-613 | Federal Grant - Community Mental Health Board Subsidy | $ | 2,595,040 | $ | 2,595,040 | 59355 | ||||
| 3A9 | 335-614 | Mental Health Block Grant | $ | 14,969,400 | $ | 14,969,400 | 59356 | ||||
| 3B1 | 335-635 | Community Medicaid Expansion | $ | 299,614,455 | $ | 316,699,716 | 59357 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 328,014,882 | $ | 345,100,143 | 59358 | ||||||
| State Special Revenue Fund Group | 59359 |
| 5AU | 335-615 | Behavioral Healthcare | $ | 6,690,000 | $ | 6,690,000 | 59360 | ||||
| 632 | 335-616 | Community Capital Replacement | $ | 350,000 | $ | 350,000 | 59361 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 7,040,000 | $ | 7,040,000 | 59362 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 455,538,701 | $ | 473,258,962 | 59363 | ||||||
| DEPARTMENT TOTAL | 59364 | ||||||||||
| GENERAL REVENUE FUND | $ | 576,407,879 | $ | 573,779,979 | 59365 | ||||||
| DEPARTMENT TOTAL | 59366 | ||||||||||
| GENERAL SERVICES FUND GROUP | $ | 169,430,930 | $ | 184,368,930 | 59367 | ||||||
| DEPARTMENT TOTAL | 59368 | ||||||||||
| FEDERAL SPECIAL REVENUE | 59369 | ||||||||||
| FUND GROUP | $ | 385,131,197 | $ | 418,216,458 | 59370 | ||||||
| DEPARTMENT TOTAL | 59371 | ||||||||||
| STATE SPECIAL REVENUE FUND GROUP | $ | 14,559,867 | $ | 14,539,867 | 59372 | ||||||
| DEPARTMENT TOTAL | 59373 | ||||||||||
| TOTAL DEPARTMENT OF MENTAL HEALTH | $ | 1,145,529,873 | $ | 1,190,905,234 | 59374 | ||||||
| Section 335.40.10. BEHAVIORAL HEALTH SERVICES - CHILDREN | 59376 |
| The foregoing appropriation item 335-404, Behavioral Health | 59377 |
| Services-Children, shall be used to provide behavioral health | 59378 |
| services for children and their families. Behavioral health | 59379 |
| services include mental health and alcohol and other drug | 59380 |
| treatment services and other necessary supports. | 59381 |
| Of the foregoing appropriation item 335-404, Behavioral | 59382 |
| Health Services-Children, an amount up to $4.5 million in fiscal | 59383 |
| year 2008 and $5.5 million in fiscal year 2009 shall be | 59384 |
| distributed to local Alcohol, Drug Addiction, and Mental Health | 59385 |
| Boards; Community Mental Health Boards; and Alcohol and Drug | 59386 |
| Addiction Boards, based upon a distribution formula and guidance | 59387 |
| defined by a team of state and local stakeholders appointed by the | 59388 |
| Ohio Family and Children First Cabinet Council. This team shall | 59389 |
| include, but not be limited to, all of the following: | 59390 |
| (A) At least one representative from each of the Departments | 59391 |
| of Alcohol and Drug Addiction Services, Mental Health, Education, | 59392 |
| Health, Job and Family Services, Mental Retardation and | 59393 |
| Developmental Disabilities, and the Department of Youth Services; | 59394 |
| (B) At least one person representing local public children's | 59395 |
| services agencies; | 59396 |
| (C) At least one person representing juvenile courts; | 59397 |
| (D) At least one person representing local Alcohol, Drug | 59398 |
| Addiction, and Mental Health Boards; Community Mental Health | 59399 |
| Boards; and Alcohol and Drug Addiction Boards; | 59400 |
| (E) At least one person representing local Family and | 59401 |
| Children First Council Coordinators; | 59402 |
| (F) At least one family representative. | 59403 |
| Funds may be used to support the following services and | 59404 |
| activities as determined by local Alcohol, Drug Addiction, and | 59405 |
| Mental Health Boards; Community Mental Health Boards; and Alcohol | 59406 |
| and Drug Addiction Boards and local family and children first | 59407 |
| councils and aligned with county service coordination mechanism as | 59408 |
| described in division (C) of section 121.37 of the Revised Code: | 59409 |
| (A) Mental health services provided by the Ohio Department of | 59410 |
| Mental Health certified agencies and alcohol and other drug | 59411 |
| services provided by Department of Alcohol and Drug Addiction | 59412 |
| Services certified agencies; | 59413 |
| (B) Services and supports for children and their families | 59414 |
| that further the implementation of their individual service plans; | 59415 |
| (C) Treatment services in out-of-home settings, including | 59416 |
| residential facilities, when other alternatives are not available | 59417 |
| or feasible; | 59418 |
| (D) Administrative support for efforts associated with this | 59419 |
| initiative; | 59420 |
| (E) These funds shall not be used to supplant existing | 59421 |
| efforts. | 59422 |
| Of the foregoing appropriation item 335-404, Behavioral | 59423 |
| Health Services-Children, an amount up to $1.0 million in fiscal | 59424 |
| year 2008 and $1.0 million in fiscal year 2009 shall be used to | 59425 |
| support projects, as determined by the Ohio Family and Children | 59426 |
| First Cabinet Council, in select areas around the state to focus | 59427 |
| on improving behavioral health juvenile justice services. | 59428 |
| Of the foregoing appropriation item 335-405, Family & | 59429 |
| Children First, an amount up to $500,000 in fiscal year 2008 and | 59430 |
| $500,000 in fiscal year 2009 shall be used for children for whom | 59431 |
| the primary focus of treatment is not a mental health or alcohol | 59432 |
| or drug addiction disorder and require services or supports to | 59433 |
| assist those needs through the County Family and Children First | 59434 |
| Council. | 59435 |
| Section 335.40.20. COMMUNITY MEDICATION SUBSIDY | 59436 |
| The foregoing appropriation item 335-419, Community | 59437 |
| Medication Subsidy, shall be used to provide subsidized support | 59438 |
| for psychotropic medication needs of indigent citizens in the | 59439 |
| community to reduce unnecessary hospitalization because of lack of | 59440 |
| medication and to provide subsidized support for methadone costs. | 59441 |
| Section 335.40.30. LOCAL MENTAL HEALTH SYSTEMS OF CARE | 59442 |
| The foregoing appropriation item 335-505, Local Mental Health | 59443 |
| Systems of Care, shall be used for mental health services provided | 59444 |
| by community mental health boards in accordance with a community | 59445 |
| mental health plan submitted under section 340.03 of the Revised | 59446 |
| Code and as approved by the Department of Mental Health. | 59447 |
| Of the foregoing appropriation item 334-505, Local Mental | 59448 |
| Health Systems of Care, not less than $37,058,917 in fiscal year | 59449 |
| 2008 and not less than $37,058,917 in fiscal year 2009 shall be | 59450 |
| distributed by the Department of Mental Health on a per capita | 59451 |
| basis to community mental health boards. | 59452 |
| Of the foregoing appropriation item 335-505, Local Mental | 59453 |
| Health Systems of Care, $10,000 in each fiscal year shall be | 59454 |
| allocated to The Gathering Place in Athens. | 59455 |
| Section 337.10. DMR DEPARTMENT OF MENTAL RETARDATION AND | 59456 |
| DEVELOPMENTAL DISABILITIES | 59457 |
| Section 337.20. GENERAL ADMINISTRATION AND STATEWIDE | 59458 |
| SERVICES | 59459 |
| General Revenue Fund | 59460 |
| GRF | 320-321 | Central Administration | $ | 9,638,610 | $ | 9,638,610 | 59461 | ||||
| GRF | 320-412 | Protective Services | $ | 2,792,322 | $ | 2,792,322 | 59462 | ||||
| GRF | 320-415 | Lease-Rental Payments | $ | 23,767,400 | $ | 20,504,500 | 59463 | ||||
| TOTAL GRF General Revenue Fund | $ | 36,198,332 | $ | 32,935,432 | 59464 | ||||||
| General Services Fund Group | 59465 |
| 4B5 | 320-640 | Training and Service Development | $ | 100,000 | $ | 100,000 | 59466 | ||||
| TOTAL GSF General Services | 59467 | ||||||||||
| Fund Group | $ | 100,000 | $ | 100,000 | 59468 | ||||||
| Federal Special Revenue Fund Group | 59469 |
| 3A5 | 320-613 | DD Council | $ | 2,705,004 | $ | 2,743,630 | 59470 | ||||
| TOTAL FED Federal Special Revenue | 59471 | ||||||||||
| Fund Group | $ | 2,705,004 | $ | 2,743,630 | 59472 | ||||||
| State Special Revenue Fund Group | 59473 | ||||||||||
| 5S2 | 590-622 | Medicaid Administration & Oversight | $ | 11,003,855 | $ | 11,472,335 | 59474 | ||||
| TOTAL SSR State Special Revenue | 59475 | ||||||||||
| Fund Group | $ | 11,003,855 | $ | 11,472,335 | 59476 | ||||||
| TOTAL ALL GENERAL ADMINISTRATION | 59477 | ||||||||||
| AND STATEWIDE SERVICES | 59478 | ||||||||||
| BUDGET FUND GROUPS | $ | 50,007,191 | $ | 47,251,397 | 59479 | ||||||
| Section 337.20.10. LEASE-RENTAL PAYMENTS | 59480 |
| The foregoing appropriation item 320-415, Lease-Rental | 59481 |
| Payments, shall be used to meet all payments at the time they are | 59482 |
| required to be made during the period from July 1, 2007, to June | 59483 |
| 30, 2009, by the Department of Mental Retardation and | 59484 |
| Developmental Disabilities under leases and agreements made under | 59485 |
| section 154.20 of the Revised Code. These appropriations are the | 59486 |
| source of funds pledged for bond service charges or obligations | 59487 |
| issued pursuant to Chapter 154. of the Revised Code. | 59488 |
| Section 337.20.20. MR/DD FUTURES STUDY COMMITTEE | 59489 |
| (A) There is hereby created the MR/DD Futures Study | 59490 |
| Committee. The Committee shall consist of the following: | 59491 |
| (1) One member who is an individual eligible to receive | 59492 |
| services from a county board of mental retardation and | 59493 |
| developmental disabilities, appointed by the Governor; | 59494 |
| (2) One member who is an immediate family member of an | 59495 |
| individual eligible to receive services from a county board of | 59496 |
| mental retardation and developmental disabilities, appointed by | 59497 |
| the Governor; | 59498 |
| (3) Two members who are members of the House of | 59499 |
| Representatives, appointed by the Speaker of the House of | 59500 |
| Representatives as follows: | 59501 |
| (a) One member from the majority party; | 59502 |
| (b) One member from the minority party. | 59503 |
| (4) Two members who are members of the Senate, appointed by | 59504 |
| the President of the Senate as follows: | 59505 |
| (a) One member from the majority party; | 59506 |
| (b) One member from the minority party. | 59507 |
| (5) Four members of statewide advocacy organizations for | 59508 |
| individuals with mental retardation or other developmental | 59509 |
| disabilities, appointed as follows: | 59510 |
| (a) One member by the Board of Trustees of the Arc of Ohio; | 59511 |
| (b) One member by the Board of Directors of the Ohio League | 59512 |
| for the Mentally Retarded; | 59513 |
| (c) One member by the Board of People First of Ohio; | 59514 |
| (d) One member by the governing board of an organization | 59515 |
| designated by the Director of Mental Retardation and Developmental | 59516 |
| Disabilities; | 59517 |
| (6) One member appointed by the Board of Directors of the | 59518 |
| Ohio Self-Determination Association; | 59519 |
| (7) One member appointed by the governing authority of the | 59520 |
| Ohio Superintendents of County Boards of Mental Retardation and | 59521 |
| Developmental Disabilities Association; | 59522 |
| (8) Two members appointed by the Board of Trustees of the | 59523 |
| Ohio Association of County Boards of Mental Retardation and | 59524 |
| Developmental Disabilities; | 59525 |
| (9) One member appointed by the Board of Trustees of the | 59526 |
| County Commissioners' Association of Ohio; | 59527 |
| (10) Two members appointed by the Board of Trustees of the | 59528 |
| Ohio Provider Resource Association; | 59529 |
| (11) One member appointed by the Board of Directors of the | 59530 |
| Ohio Health Care Association; | 59531 |
| (12) The Director of Job and Family Services or the | 59532 |
| Director's designee; | 59533 |
| (13) Two members appointed by the Governor who are | 59534 |
| representatives of statewide labor organizations representing | 59535 |
| public employees; | 59536 |
| (14) The Director of Mental Retardation and Developmental | 59537 |
| Disabilities, who shall serve as the committee's chairperson. | 59538 |
| (B) The Governor shall not appoint an individual under | 59539 |
| division (A)(1) or (2) of this section if the individual is an | 59540 |
| employee of the state, an employee or member of a county board of | 59541 |
| mental retardation and developmental disabilities, or an employee | 59542 |
| or a governing board member of a provider of services to an | 59543 |
| individual with mental retardation and developmental disabilities. | 59544 |
| (C) Members of the Committee shall be appointed not later | 59545 |
| than thirty days after the effective date of this section. Members | 59546 |
| of the Committee shall serve without compensation, except to the | 59547 |
| extent that serving on the committee is considered part of their | 59548 |
| regular employment duties. The Department of Mental Retardation | 59549 |
| and Developmental Disabilities may reimburse members of the | 59550 |
| Committee for their reasonable travel expenses. | 59551 |
| (D) The Committee shall meet at times and locations | 59552 |
| determined by the chairperson to do all of the following: | 59553 |
| (1) Review the effectiveness, efficiency, and sustainability | 59554 |
| of current uses of funding for the state's mental retardation and | 59555 |
| developmental disabilities system; | 59556 |
| (2) Propose alternatives for effectively funding the | 59557 |
| nonfederal share of Medicaid expenditures for home and | 59558 |
| community-based services for individuals with mental retardation | 59559 |
| and other developmental disabilities, including the amendments by | 59560 |
| this act to sections 5123.047, 5123.048, 5123.0414, 5126.059, | 59561 |
| 5126.0510, 5126.0511, and 5126.0512 of the Revised Code. | 59562 |
| (3) Identify the potential for reducing administrative costs | 59563 |
| in the state's mental retardation and developmental disabilities | 59564 |
| system; | 59565 |
| (4) Propose alternatives for effectively balancing revenues | 59566 |
| available to the state and the county boards of mental retardation | 59567 |
| and developmental disabilities to fulfill their responsibilities | 59568 |
| for funding, planning, and monitoring the delivery of mental | 59569 |
| retardation and developmental disability services; | 59570 |
| (5) Examine the efficiency and effectiveness of the current | 59571 |
| system of separate and concurrent mental retardation and | 59572 |
| developmental disabilities accreditation, licensure, | 59573 |
| certification, quality assurance, and quality improvement | 59574 |
| activities and propose changes to improve that system; | 59575 |
| (6) Recommend steps necessary to assure the long term | 59576 |
| financial sustainability of mental retardation and developmental | 59577 |
| disability services to meet current and future needs while | 59578 |
| affording counties the ability to make local decisions about the | 59579 |
| priority uses of local tax levy funding; | 59580 |
| (7) Determine the feasibility and potential benefits of | 59581 |
| regional planning approaches to meet specialized and intensive | 59582 |
| service needs; | 59583 |
| (8) Propose improvements needed and action steps to fully | 59584 |
| realize the principle of self-determination by individuals with | 59585 |
| mental retardation and other developmental disabilities; | 59586 |
| (9) Evaluate the effectiveness and equity of the state's | 59587 |
| mental retardation and developmental disabilities systems' uses of | 59588 |
| waiting and service substitution lists, priority populations, and | 59589 |
| having separate acuity instruments that vary by service setting; | 59590 |
| (10) Review other matters the Director of Mental Retardation | 59591 |
| and Developmental Disabilities considers appropriate for | 59592 |
| evaluations. | 59593 |
| (E) The Committee shall not transact business unless a quorum | 59594 |
| is present. A majority of the Committee members constitutes a | 59595 |
| quorum. | 59596 |
| (F) Not later than March 30, 2008, the Committee shall submit | 59597 |
| a report on its actions and recommendations to the Governor and | 59598 |
| General Assembly. The Committee shall cease to exist on submission | 59599 |
| of the report. | 59600 |
| Section 337.30. COMMUNITY SERVICES | 59601 |
| General Revenue Fund | 59602 |
| GRF | 322-413 | Residential and Support Services | $ | 6,753,881 | $ | 6,753,881 | 59603 | ||||
| GRF | 322-416 | Medicaid Waiver - State Match | $ | 113,692,413 | $ | 113,692,413 | 59604 | ||||
| GRF | 322-501 | County Boards Subsidies | $ | 90,067,913 | $ | 90,067,913 | 59605 | ||||
| GRF | 322-503 | Tax Equity | $ | 14,000,000 | $ | 14,000,000 | 59606 | ||||
| GRF | 322-504 | Martin Settlement | $ | 6,159,766 | $ | 29,036,451 | 59607 | ||||
| TOTAL GRF General Revenue Fund | $ | 230,673,973 | $ | 253,550,658 | 59608 | ||||||
| General Services Fund Group | 59609 |
| 488 | 322-603 | Provider Audit Refunds | $ | 10,000 | $ | 10,000 | 59610 | ||||
| 5MO | 322-628 | Martin Settlement | $ | 150,000 | $ | 0 | 59611 | ||||
| TOTAL GSF General Services | 59612 | ||||||||||
| Fund Group | $ | 160,000 | $ | 10,000 | 59613 | ||||||
| Federal Special Revenue Fund Group | 59614 |
| 3G6 | 322-639 | Medicaid Waiver - Federal | $ | 456,311,171 | $ | 506,618,829 | 59615 | ||||
| 3M7 | 322-650 | CAFS Medicaid | $ | 4,278,713 | $ | 0 | 59616 | ||||
| 325 | 322-612 | Community Social Service Programs | $ | 11,186,114 | $ | 11,164,639 | 59617 | ||||
| TOTAL FED Federal Special Revenue | 59618 | ||||||||||
| Fund Group | $ | 471,775,998 | $ | 517,783,468 | 59619 | ||||||
| State Special Revenue Fund Group | 59620 |
| 4K8 | 322-604 | Medicaid Waiver - State Match | $ | 12,000,000 | $ | 12,000,000 | 59621 | ||||
| 5DJ | 322-625 | Targeted Case Management Match | $ | 11,082,857 | $ | 11,470,757 | 59622 | ||||
| 5DJ | 322-626 | Targeted Case Management Services | $ | 27,548,737 | $ | 28,512,943 | 59623 | ||||
| 5EV | 322-627 | Program Fees | $ | 20,000 | $ | 20,000 | 59624 | ||||
| 5H0 | 322-619 | Medicaid Repayment | $ | 10,000 | $ | 10,000 | 59625 | ||||
| 5Z1 | 322-624 | County Board Waiver Match | $ | 116,000,000 | $ | 126,000,000 | 59626 | ||||
| TOTAL SSR State Special Revenue | 59627 | ||||||||||
| Fund Group | $ | 166,661,594 | $ | 178,013,700 | 59628 | ||||||
| TOTAL ALL COMMUNITY SERVICES | 59629 | ||||||||||
| BUDGET FUND GROUPS | $ | 869,271,565 | $ | 949,357,826 | 59630 | ||||||
| Section 337.30.10. RESIDENTIAL AND SUPPORT SERVICES | 59632 |
| The Department of Mental Retardation and Developmental | 59633 |
| Disabilities may designate a portion of appropriation item | 59634 |
| 322-413, Residential and Support Services, for Sermak Class | 59635 |
| Services used to implement the requirements of the agreement | 59636 |
| settling the condecree in Sermak v. Manuel, Case No. c-2-80-220, | 59637 |
| United States District Court for the Southern District of Ohio, | 59638 |
| Eastern Division. | 59639 |
| Section 337.30.20. OTHER RESIDENTIAL AND SUPPORT SERVICE | 59640 |
| PROGRAMS | 59641 |
| Notwithstanding Chapters 5123. and 5126. of the Revised Code, | 59642 |
| the Department of Mental Retardation and Developmental | 59643 |
| Disabilities may develop residential and support service programs | 59644 |
| funded by appropriation item 322-413, Residential and Support | 59645 |
| Services; and appropriation item 322-416, Medicaid Waiver - State | 59646 |
| Match, and the appropriation for supported living in appropriation | 59647 |
| item 322-501, County Board Subsidy, that enable persons with | 59648 |
| mental retardation and developmental disabilities to live in the | 59649 |
| community. Notwithstanding Chapter 5121. and section 5123.122 of | 59650 |
| the Revised Code, the Department may waive the support collection | 59651 |
| requirements of those statutes for persons in community programs | 59652 |
| developed by the Department under this section. The Department | 59653 |
| shall adopt rules under Chapter 119. of the Revised Code or may | 59654 |
| use existing rules for the implementation of these programs. | 59655 |
| Section 337.30.30. MEDICAID WAIVER - STATE MATCH (GRF) | 59656 |
| The purposes for which the foregoing appropriation item | 59657 |
| 322-416, Medicaid Waiver - State Match, shall be used include the | 59658 |
| following: | 59659 |
| (A) Home and community-based waiver services under Title XIX | 59660 |
| of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, | 59661 |
| as amended. | 59662 |
| (B) Services contracted by county boards of mental | 59663 |
| retardation and developmental disabilities. | 59664 |
| (C) To pay the nonfederal share of the cost of one or more | 59665 |
| new intermediate care facility for the mentally retarded certified | 59666 |
| beds in a county where the county board of mental retardation and | 59667 |
| developmental disabilities does not initiate or support the | 59668 |
| development or certification of such beds, if the Director of | 59669 |
| Mental Retardation and Developmental Disabilities is required by | 59670 |
| this act to transfer to the Director of Job and Family Services | 59671 |
| funds to pay such nonfederal share. | 59672 |
| The Department of Mental Retardation and Developmental | 59673 |
| Disabilities may designate a portion of appropriation item | 59674 |
| 322-416, Medicaid Waiver - State Match, to county boards of mental | 59675 |
| retardation and developmental disabilities that have greater need | 59676 |
| for various residential and support services because of a low | 59677 |
| percentage of residential and support services development in | 59678 |
| comparison to the number of individuals with mental retardation or | 59679 |
| developmental disabilities in the county. | 59680 |
| Section 337.30.40. STATE SUBSIDY TO COUNTY MR/DD BOARDS | 59681 |
| The Department of Mental Retardation and Developmental | 59682 |
| Disabilities shall use the foregoing appropriation item 322-501, | 59683 |
| County Boards Subsidy, to pay each county board of mental | 59684 |
| retardation and developmental disabilities in each fiscal year of | 59685 |
| the biennium an amount that is equal to the amount such board | 59686 |
| received in fiscal year 2007 from former appropriation items | 59687 |
| 322-417, Supported Living; 322-451, Family Support Services; | 59688 |
| 322-452, Service and Support Administration; and 322-501, County | 59689 |
| Boards Subsidies. | 59690 |
| County boards shall use the subsidy for early childhood | 59691 |
| services and adult services provided under section 5126.05 of the | 59692 |
| Revised Code, family support services provided under section | 59693 |
| 5126.11 of the Revised Code, service and support administration | 59694 |
| provided under section 5126.15 of the Revised Code, and supported | 59695 |
| living services provided under sections 5126.40 to 5126.47 of the | 59696 |
| Revised Code. | 59697 |
| In the event that the appropriation in appropriation item | 59698 |
| 322-501, County Board Subsidy, for fiscal year 2008 or fiscal year | 59699 |
| 2009 is greater than the subsidy paid by the Department for fiscal | 59700 |
| year 2007, the Department and county boards shall develop a | 59701 |
| formula for allocating the additional appropriation to each county | 59702 |
| board to support priorities determined by the Department and | 59703 |
| county boards. | 59704 |
| The Department shall distribute this subsidy to county boards | 59705 |
| in quarterly installments of equal amounts. The installments shall | 59706 |
| be made not later than the thirtieth day of September, the | 59707 |
| thirty-first day of December, the thirty-first day of March, and | 59708 |
| thirtieth day of June. | 59709 |
| The Department also may use the foregoing appropriation item | 59710 |
| 322-501, County Boards Subsidy, to pay the nonfederal share of the | 59711 |
| cost of one or more new intermediate care facility for the | 59712 |
| mentally retarded certified beds in a county where the county | 59713 |
| board of mental retardation and developmental disabilities | 59714 |
| initiates or supports the development or certification of such | 59715 |
| beds, if the Director of Mental Retardation and Developmental | 59716 |
| Disabilities is required by this act to transfer to the Director | 59717 |
| of Job and Family Services funds to pay such nonfederal share. | 59718 |
| Section 337.30.45. MARTIN CONSENT ORDER COMPLIANCE | 59719 |
| To comply with the Martin Consent Order, on July 1, 2007, or | 59720 |
| as soon as possible thereafter, the Director of Budget and | 59721 |
| Management shall transfer $150,000 in cash from the General | 59722 |
| Revenue Fund to the Program Income Fund (FUND 5MO). | 59723 |
| Section 337.30.50. MEDICAID WAIVER - STATE MATCH (FUND 4K8) | 59724 |
| The foregoing appropriation item 322-604, Medicaid Waiver - | 59725 |
| State Match (Fund 4K8), shall be used as state matching funds for | 59726 |
| the home and community-based waivers. | 59727 |
| Section 337.30.60. TARGETED CASE MANAGEMENT SERVICES | 59728 |
| County boards of mental retardation and developmental | 59729 |
| disabilities shall pay the nonfederal portion of targeted case | 59730 |
| management costs to the Department of Mental Retardation and | 59731 |
| Developmental Disabilities. The Director of Mental Retardation and | 59732 |
| Developmental Disabilities shall withhold any amount owed to the | 59733 |
| Department from subsequent disbursements from any appropriation | 59734 |
| item or money otherwise due to a nonpaying county. | 59735 |
| The Departments of Mental Retardation and Developmental | 59736 |
| Disabilities and Job and Family Services may enter into an | 59737 |
| interagency agreement under which the Department of Mental | 59738 |
| Retardation and Developmental Disabilities shall pay the | 59739 |
| Department of Job and Family Services the nonfederal portion of | 59740 |
| the cost of targeted case management services paid by county | 59741 |
| boards and the Department of Job and Family Services shall pay the | 59742 |
| total cost of targeted case management claims. | 59743 |
| Section 337.30.70. TRANSFER TO PROGRAM FEE FUND | 59744 |
| On July 1, 2007, or as soon as possible thereafter, the | 59745 |
| Director of Mental Retardation and Developmental Disabilities | 59746 |
| shall certify to the Director of Budget and Management the amount | 59747 |
| of cash that has been deposited into Fund 4B5, | 59748 |
| Conference/Training, pursuant to sections 5123.19 and 5126.25 of | 59749 |
| the Revised Code, less the amount that has been expended from Fund | 59750 |
| 4B5 to operate the Certification and Registration Program | 59751 |
| established under section 5126.25 of the Revised Code and to | 59752 |
| license and inspect residential facilities as outlined in section | 59753 |
| 5123.19 of the Revised Code. The certified amount shall not | 59754 |
| include amounts deposited into Fund 4B5 for training and | 59755 |
| conferences conducted by the Department of Mental Retardation and | 59756 |
| Developmental Disabilities. Upon receipt of the certification, the | 59757 |
| Director of Budget and Management shall transfer cash equal to the | 59758 |
| amount certified and all associated liabilities and obligations to | 59759 |
| Fund 5EV, Program Fee Fund, in the Department of Mental | 59760 |
| Retardation and Developmental Disabilities. | 59761 |
| Section 337.30.80. DEVELOPMENTAL CENTER BILLING FOR SERVICES | 59762 |
| Developmental centers of the Department of Mental Retardation | 59763 |
| and Developmental Disabilities may provide services to persons | 59764 |
| with mental retardation or developmental disabilities living in | 59765 |
| the community or to providers of services to these persons. The | 59766 |
| Department may develop a method for recovery of all costs | 59767 |
| associated with the provisions of these services. | 59768 |
| Section 337.40. RESIDENTIAL FACILITIES | 59769 |
| General Revenue Fund | 59770 |
| GRF | 323-321 | Developmental Center and Residential Facilities Operation Expenses | $ | 102,796,851 | $ | 102,796,851 | 59771 | ||||
| TOTAL GRF General Revenue Fund | $ | 102,796,851 | $ | 102,796,851 | 59772 | ||||||
| General Services Fund Group | 59773 |
| 152 | 323-609 | Developmental Center and Residential Operating Services | $ | 912,177 | $ | 912,177 | 59774 | ||||
| TOTAL GSF General Services | 59775 | ||||||||||
| Fund Group | $ | 912,177 | $ | 912,177 | 59776 | ||||||
| Federal Special Revenue Fund Group | 59777 |
| 3A4 | 323-605 | Developmental Center and Residential Facility Services and Support | $ | 136,299,536 | $ | 137,555,308 | 59778 | ||||
| TOTAL FED Federal Special Revenue | 59779 | ||||||||||
| Fund Group | $ | 136,299,536 | $ | 137,555,308 | 59780 | ||||||
| State Special Revenue Fund Group | 59781 |
| 221 | 322-620 | Supplement Service Trust | $ | 150,000 | $ | 150,000 | 59782 | ||||
| 489 | 323-632 | Developmental Center Direct Care Support | $ | 14,543,764 | $ | 14,671,616 | 59783 | ||||
| TOTAL SSR State Special Revenue | 59784 | ||||||||||
| Fund Group | $ | 14,693,764 | $ | 14,821,616 | 59785 | ||||||
| TOTAL ALL RESIDENTIAL FACILITIES | 59786 | ||||||||||
| BUDGET FUND GROUPS | $ | 254,702,328 | $ | 256,085,952 | 59787 | ||||||
| DEPARTMENT TOTAL | 59788 | ||||||||||
| GENERAL REVENUE FUND | $ | 369,669,156 | $ | 389,282,941 | 59789 | ||||||
| DEPARTMENT TOTAL | 59790 | ||||||||||
| GENERAL SERVICES FUND GROUP | $ | 1,172,177 | $ | 1,022,177 | 59791 | ||||||
| DEPARTMENT TOTAL | 59792 | ||||||||||
| FEDERAL SPECIAL REVENUE FUND GROUP | $ | 610,780,538 | $ | 658,082,406 | 59793 | ||||||
| DEPARTMENT TOTAL | 59794 | ||||||||||
| STATE SPECIAL REVENUE FUND GROUP | $ | 192,359,213 | $ | 204,307,651 | 59795 | ||||||
| TOTAL DEPARTMENT OF MENTAL | 59796 | ||||||||||
| RETARDATION AND DEVELOPMENTAL | 59797 | ||||||||||
| DISABILITIES | $ | 1,173,981,084 | $ | 1,252,695,175 | 59798 | ||||||
| Section 337.40.10. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER | 59800 |
| PHARMACY PROGRAMS | 59801 |
| The Department of Mental Retardation and Developmental | 59802 |
| Disabilities shall pay the Department of Job and Family Services | 59803 |
| quarterly, through intrastate transfer voucher, the nonfederal | 59804 |
| share of Medicaid prescription drug claim costs for all | 59805 |
| developmental centers paid by the Department of Job and Family | 59806 |
| Services. | 59807 |
| Section 337.40.20. NONFEDERAL MATCH FOR ACTIVE TREATMENT | 59808 |
| SERVICES | 59809 |
| Any county funds received by the Department from county | 59810 |
| boards for active treatment shall be deposited in Fund 489, Mental | 59811 |
| Retardation Operating. | 59812 |
| Section 337.40.30. NONFEDERAL SHARE OF NEW ICF/MR BEDS | 59813 |
| (A) As used in this section: | 59814 |
| (1) "Family support services," "home and community-based | 59815 |
| services," "service and support administration," and "supported | 59816 |
| living" have the same meaning as in section 5126.01 of the Revised | 59817 |
| Code. | 59818 |
| (2) "Intermediate care facility for the mentally retarded" | 59819 |
| has the same meaning as in section 5111.20 of the Revised Code. | 59820 |
| (B) If one or more new beds obtain certification as an | 59821 |
| intermediate care facility for the mentally retarded bed on or | 59822 |
| after July 1, 2007, the Director of Mental Retardation and | 59823 |
| Developmental Disabilities shall transfer funds to the Department | 59824 |
| of Job and Family Services to pay the nonfederal share of the cost | 59825 |
| under the Medicaid Program for those beds. The Director shall use | 59826 |
| only the following funds for the transfer: | 59827 |
| (1) If the beds are located in a county served by a county | 59828 |
| board of mental retardation and developmental disabilities that | 59829 |
| does not initiate or support the beds' certification, funds | 59830 |
| appropriated to the Department of Mental Retardation and | 59831 |
| Developmental Disabilities for home and community-based services | 59832 |
| and supported living for which the Director is authorized to make | 59833 |
| allocations to county boards; | 59834 |
| (2) If the beds are located in a county served by a county | 59835 |
| board that initiates or supports the beds' certification, funds | 59836 |
| appropriated to the Department for family support services, | 59837 |
| service and support administration, and other services for which | 59838 |
| the Director is authorized to make allocations to counties. | 59839 |
| (C) The funds that the Director transfers under division | 59840 |
| (B)(2) of this section shall be funds that the Director has | 59841 |
| allocated to the county board serving the county in which the beds | 59842 |
| are located unless the amount of the allocation is insufficient to | 59843 |
| pay the entire nonfederal share of the cost under the Medicaid | 59844 |
| Program for those beds. If the allocation is insufficient, the | 59845 |
| Director shall use as much of such funds allocated to other | 59846 |
| counties as is needed to make up the difference. | 59847 |
| Section 339.10. MIH COMMISSION ON MINORITY HEALTH | 59848 |
| General Revenue Fund | 59849 |
| GRF | 149-321 | Operating Expenses | $ | 550,211 | $ | 561,216 | 59850 | ||||
| GRF | 149-501 | Minority Health Grants | $ | 670,965 | $ | 1,670,965 | 59851 | ||||
| GRF | 149-502 | Lupus Program | $ | 136,126 | $ | 136,126 | 59852 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,357,302 | $ | 2,368,307 | 59853 | ||||||
| Federal Special Revenue Fund Group | 59854 |
| 3J9 | 149-602 | Federal Grants | $ | 457,486 | $ | 320,297 | 59855 | ||||
| TOTAL FED Federal Special Revenue | 59856 | ||||||||||
| Fund Group | $ | 457,486 | $ | 320,297 | 59857 | ||||||
| State Special Revenue Fund Group | 59858 |
| 4C2 | 149-601 | Minority Health Conference | $ | 150,000 | $ | 150,000 | 59859 | ||||
| TOTAL SSR State Special Revenue | 59860 | ||||||||||
| Fund Group | $ | 150,000 | $ | 150,000 | 59861 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,964,788 | $ | 2,838,604 | 59862 | ||||||
| Section 341.10. CRB MOTOR VEHICLE COLLISION REPAIR | 59864 |
| REGISTRATION BOARD | 59865 |
| General Service Fund Group | 59866 |
| 4K9 | 865-601 | Operating Expenses | $ | 334,995 | $ | 334,995 | 59867 | ||||
| TOTAL GSF General Services | 59868 | ||||||||||
| Fund Group | $ | 334,995 | $ | 334,995 | 59869 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 334,995 | $ | 334,995 | 59870 | ||||||
| CASH TRANSFER TO OCCUPATIONAL LICENSING AND REGULATORY FUND | 59871 |
| (FUND 4K9) | 59872 |
| Effective July 1, 2007, or as soon as possible thereafter, | 59873 |
| the Director of Budget and Management may transfer the cash | 59874 |
| balance in the Motor Vehicle Collision Repair Registration Fund | 59875 |
| (Fund 5H9), created in division (A) of section 4775.08 of the | 59876 |
| Revised Code, to the Occupational Licensing and Regulatory Fund | 59877 |
| (Fund 4K9), created in section 4743.05 of the Revised Code. The | 59878 |
| Director may cancel any existing encumbrances against | 59879 |
| appropriation item 865-609, Operating Expenses – CRB, in Fund 5H9, | 59880 |
| and re-establish them against appropriation item 865-601, | 59881 |
| Operating Expenses, in Fund 4K9. The amounts of the re-established | 59882 |
| encumbrances are hereby appropriated. The Motor Vehicle Collision | 59883 |
| Repair Registration Fund (Fund 5H9), created in division (A) of | 59884 |
| section 4775.08 of the Revised Code, is hereby abolished. | 59885 |
| Section 343.10. DNR DEPARTMENT OF NATURAL RESOURCES | 59886 |
| General Revenue Fund | 59887 |
| GRF | 725-401 | Wildlife-GRF Central Support | $ | 2,705,950 | $ | 2,800,930 | 59888 | ||||
| GRF | 725-404 | Fountain Square Rental Payments - OBA | $ | 1,094,900 | $ | 1,081,200 | 59889 | ||||
| GRF | 725-407 | Conservation Reserve Enhancement Program | $ | 1,000,000 | $ | 1,000,000 | 59890 | ||||
| GRF | 725-413 | Lease Rental Payments | $ | 19,589,400 | $ | 18,316,200 | 59891 | ||||
| GRF | 725-423 | Stream and Ground Water Gauging | $ | 311,910 | $ | 311,910 | 59892 | ||||
| GRF | 725-425 | Wildlife License Reimbursement | $ | 500,000 | $ | 400,000 | 59893 | ||||
| GRF | 725-456 | Canal Lands | $ | 332,859 | $ | 332,859 | 59894 | ||||
| GRF | 725-502 | Soil and Water Districts | $ | 12,222,420 | $ | 12,880,791 | 59895 | ||||
| GRF | 725-903 | Natural Resources General Obligation Debt Service | $ | 24,713,800 | $ | 25,723,000 | 59896 | ||||
| GRF | 727-321 | Division of Forestry | $ | 8,541,511 | $ | 8,541,511 | 59897 | ||||
| GRF | 728-321 | Division of Geological Survey | $ | 1,799,222 | $ | 1,825,150 | 59898 | ||||
| GRF | 729-321 | Office of Information Technology | $ | 440,895 | $ | 440,895 | 59899 | ||||
| GRF | 730-321 | Division of Parks and Recreation | $ | 39,874,841 | $ | 39,874,841 | 59900 | ||||
| GRF | 733-321 | Division of Water | $ | 3,207,619 | $ | 3,257,619 | 59901 | ||||
| GRF | 736-321 | Division of Engineering | $ | 3,118,703 | $ | 3,118,703 | 59902 | ||||
| GRF | 737-321 | Division of Soil and Water | $ | 4,074,788 | $ | 4,074,788 | 59903 | ||||
| GRF | 738-321 | Division of Real Estate and Land Management | $ | 2,291,874 | $ | 2,291,874 | 59904 | ||||
| GRF | 741-321 | Division of Natural Areas and Preserves | $ | 3,050,000 | $ | 3,050,000 | 59905 | ||||
| GRF | 744-321 | Division of Mineral Resources Management | $ | 3,068,167 | $ | 3,068,167 | 59906 | ||||
| TOTAL GRF General Revenue Fund | $ | 131,938,859 | $ | 132,390,438 | 59907 | ||||||
| General Services Fund Group | 59908 |
| 155 | 725-601 | Departmental Projects | $ | 2,259,402 | $ | 2,260,021 | 59909 | ||||
| 157 | 725-651 | Central Support Indirect | $ | 6,228,950 | $ | 6,528,675 | 59910 | ||||
| 204 | 725-687 | Information Services | $ | 4,676,627 | $ | 4,676,627 | 59911 | ||||
| 207 | 725-690 | Real Estate Services | $ | 64,000 | $ | 64,000 | 59912 | ||||
| 223 | 725-665 | Law Enforcement Administration | $ | 2,230,485 | $ | 2,358,307 | 59913 | ||||
| 227 | 725-406 | Parks Projects Personnel | $ | 110,000 | $ | 110,000 | 59914 | ||||
| 4D5 | 725-618 | Recycled Materials | $ | 50,000 | $ | 50,000 | 59915 | ||||
| 4S9 | 725-622 | NatureWorks Personnel | $ | 525,000 | $ | 525,000 | 59916 | ||||
| 4X8 | 725-662 | Water Resources Council | $ | 125,000 | $ | 125,000 | 59917 | ||||
| 430 | 725-671 | Canal Lands | $ | 1,150,082 | $ | 1,150,082 | 59918 | ||||
| 508 | 725-684 | Natural Resources Publications | $ | 148,527 | $ | 148,280 | 59919 | ||||
| 510 | 725-631 | Maintenance - State-owned Residences | $ | 353,611 | $ | 303,611 | 59920 | ||||
| 516 | 725-620 | Water Management | $ | 2,913,618 | $ | 2,931,513 | 59921 | ||||
| 635 | 725-664 | Fountain Square Facilities Management | $ | 3,609,835 | $ | 3,640,398 | 59922 | ||||
| 697 | 725-670 | Submerged Lands | $ | 751,342 | $ | 772,011 | 59923 | ||||
| TOTAL GSF General Services | 59924 | ||||||||||
| Fund Group | $ | 25,196,479 | $ | 25,643,525 | 59925 | ||||||
| Federal Special Revenue Fund Group | 59926 |
| 3B3 | 725-640 | Federal Forest Pass-Thru | $ | 225,000 | $ | 225,000 | 59927 | ||||
| 3B4 | 725-641 | Federal Flood Pass-Thru | $ | 490,000 | $ | 490,000 | 59928 | ||||
| 3B5 | 725-645 | Federal Abandoned Mine Lands | $ | 14,307,664 | $ | 14,307,667 | 59929 | ||||
| 3B6 | 725-653 | Federal Land and Water Conservation Grants | $ | 2,000,000 | $ | 2,000,000 | 59930 | ||||
| 3B7 | 725-654 | Reclamation - Regulatory | $ | 2,107,291 | $ | 2,107,292 | 59931 | ||||
| 3P0 | 725-630 | Natural Areas and Preserves - Federal | $ | 215,000 | $ | 215,000 | 59932 | ||||
| 3P1 | 725-632 | Geological Survey - Federal | $ | 655,000 | $ | 720,000 | 59933 | ||||
| 3P2 | 725-642 | Oil and Gas-Federal | $ | 226,961 | $ | 234,509 | 59934 | ||||
| 3P3 | 725-650 | Coastal Management - Federal | $ | 2,643,323 | $ | 1,691,237 | 59935 | ||||
| 3P4 | 725-660 | Water - Federal | $ | 316,304 | $ | 316,734 | 59936 | ||||
| 3R5 | 725-673 | Acid Mine Drainage Abatement/Treatment | $ | 1,999,998 | $ | 2,025,001 | 59937 | ||||
| 3Z5 | 725-657 | REALM-Federal | $ | 1,850,000 | $ | 1,850,000 | 59938 | ||||
| 332 | 725-669 | Federal Mine Safety Grant | $ | 258,102 | $ | 258,102 | 59939 | ||||
| TOTAL FED Federal Special Revenue | 59940 | ||||||||||
| Fund Group | $ | 27,294,643 | $ | 26,440,542 | 59941 | ||||||
| State Special Revenue Fund Group | 59942 |
| 4J2 | 725-628 | Injection Well Review | $ | 67,578 | $ | 68,933 | 59943 | ||||
| 4M7 | 725-631 | Wildfire Suppression | $ | 70,000 | $ | 0 | 59944 | ||||
| 4M7 | 725-686 | Wildfire Suppression | $ | 100,000 | $ | 100,000 | 59945 | ||||
| 4U6 | 725-668 | Scenic Rivers Protection | $ | 407,100 | $ | 407,100 | 59946 | ||||
| 5BV | 725-683 | Soil and Water Districts | $ | 1,850,000 | $ | 1,850,000 | 59947 | ||||
| 5B3 | 725-674 | Mining Regulation | $ | 28,850 | $ | 28,850 | 59948 | ||||
| 5K1 | 725-626 | Urban Forestry Grant | $ | 10,000 | $ | 12,000 | 59949 | ||||
| 5P2 | 725-634 | Wildlife Boater Angler Administration | $ | 3,500,000 | $ | 3,500,000 | 59950 | ||||
| 509 | 725-602 | State Forest | $ | 5,070,946 | $ | 5,211,924 | 59951 | ||||
| 511 | 725-646 | Ohio Geological Mapping | $ | 815,179 | $ | 724,310 | 59952 | ||||
| 512 | 725-605 | State Parks Operations | $ | 27,314,288 | $ | 27,314,288 | 59953 | ||||
| 512 | 725-680 | Parks Facilities Maintenance | $ | 2,576,240 | $ | 2,576,240 | 59954 | ||||
| 514 | 725-606 | Lake Erie Shoreline | $ | 917,113 | $ | 757,113 | 59955 | ||||
| 518 | 725-643 | Oil and Gas Permit Fees | $ | 2,574,378 | $ | 2,586,568 | 59956 | ||||
| 518 | 725-677 | Oil and Gas Well Plugging | $ | 800,000 | $ | 800,000 | 59957 | ||||
| 521 | 725-627 | Off-Road Vehicle Trails | $ | 198,490 | $ | 143,490 | 59958 | ||||
| 522 | 725-656 | Natural Areas and Preserves | $ | 1,550,670 | $ | 1,550,670 | 59959 | ||||
| 526 | 725-610 | Strip Mining Administration Fee | $ | 1,932,491 | $ | 1,903,871 | 59960 | ||||
| 527 | 725-637 | Surface Mining Administration | $ | 1,852,842 | $ | 1,946,591 | 59961 | ||||
| 529 | 725-639 | Unreclaimed Land Fund | $ | 2,892,516 | $ | 2,024,257 | 59962 | ||||
| 531 | 725-648 | Reclamation Forfeiture | $ | 2,062,234 | $ | 2,062,237 | 59963 | ||||
| 532 | 725-644 | Litter Control and Recycling | $ | 6,280,681 | $ | 6,280,681 | 59964 | ||||
| 586 | 725-633 | Scrap Tire Program | $ | 1,000,000 | $ | 1,000,000 | 59965 | ||||
| 615 | 725-661 | Dam Safety | $ | 548,223 | $ | 595,416 | 59966 | ||||
| TOTAL SSR State Special Revenue | 59967 | ||||||||||
| Fund Group | $ | 64,419,819 | $ | 63,444,539 | 59968 | ||||||
| Clean Ohio Fund Group | 59969 |
| 061 | 725-405 | Clean Ohio Operating | $ | 155,000 | $ | 155,000 | 59970 | ||||
| TOTAL CLF Clean Ohio Fund Group | $ | 155,000 | $ | 155,000 | 59971 | ||||||
| Wildlife Fund Group | 59972 |
| 015 | 740-401 | Division of Wildlife Conservation | $ | 53,706,000 | $ | 54,906,000 | 59973 | ||||
| 815 | 725-636 | Cooperative Management Projects | $ | 120,449 | $ | 120,449 | 59974 | ||||
| 816 | 725-649 | Wetlands Habitat | $ | 966,885 | $ | 966,885 | 59975 | ||||
| 817 | 725-655 | Wildlife Conservation Checkoff Fund | $ | 5,000,000 | $ | 5,000,000 | 59976 | ||||
| 818 | 725-629 | Cooperative Fisheries Research | $ | 1,500,000 | $ | 1,500,000 | 59977 | ||||
| 819 | 725-685 | Ohio River Management | $ | 128,584 | $ | 128,584 | 59978 | ||||
| TOTAL WLF Wildlife Fund Group | $ | 61,421,918 | $ | 62,621,918 | 59979 | ||||||
| Waterways Safety Fund Group | 59980 |
| 086 | 725-414 | Waterways Improvement | $ | 3,925,075 | $ | 4,062,452 | 59981 | ||||
| 086 | 725-418 | Buoy Placement | $ | 52,182 | $ | 52,182 | 59982 | ||||
| 086 | 725-501 | Waterway Safety Grants | $ | 137,867 | $ | 137,867 | 59983 | ||||
| 086 | 725-506 | Watercraft Marine Patrol | $ | 576,153 | $ | 576,153 | 59984 | ||||
| 086 | 725-513 | Watercraft Educational Grants | $ | 366,643 | $ | 366,643 | 59985 | ||||
| 086 | 739-401 | Division of Watercraft | $ | 19,626,681 | $ | 20,166,681 | 59986 | ||||
| 5AW | 725-682 | Watercraft Revolving Loans | $ | 1,000,000 | $ | 1,000,000 | 59987 | ||||
| TOTAL WSF Waterways Safety Fund | 59988 | ||||||||||
| Group | $ | 25,684,601 | $ | 26,361,978 | 59989 | ||||||
| Holding Account Redistribution Fund Group | 59990 |
| R17 | 725-659 | Performance Cash Bond Refunds | $ | 279,263 | $ | 279,263 | 59991 | ||||
| R43 | 725-624 | Forestry | $ | 1,950,188 | $ | 2,007,977 | 59992 | ||||
| TOTAL 090 Holding Account | 59993 | ||||||||||
| Redistribution Fund Group | $ | 2,229,451 | $ | 2,287,240 | 59994 | ||||||
| Accrued Leave Liability Fund Group | 59995 |
| 4M8 | 725-675 | FOP Contract | $ | 20,844 | $ | 20,844 | 59996 | ||||
| TOTAL ALF Accrued Leave | 59997 | ||||||||||
| Liability Fund Group | $ | 20,844 | $ | 20,844 | 59998 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 338,361,614 | $ | 339,366,024 | 59999 | ||||||
| Section 343.20. CENTRAL SUPPORT INDIRECT | 60001 |
| With the exception of the Division of Wildlife, whose direct | 60002 |
| and indirect central support charges shall be paid out of the | 60003 |
| General Revenue Fund from the foregoing appropriation item | 60004 |
| 725-401, Wildlife-GRF Central Support, the Department of Natural | 60005 |
| Resources, with approval of the Director of Budget and Management, | 60006 |
| shall utilize a methodology for determining each division's | 60007 |
| payments into the Central Support Indirect Fund (Fund 157). The | 60008 |
| methodology used shall contain the characteristics of | 60009 |
| administrative ease and uniform application in compliance with | 60010 |
| federal grant requirements. It may include direct cost charges for | 60011 |
| specific services provided. Payments to the Central Support | 60012 |
| Indirect Fund (Fund 157) shall be made using an intrastate | 60013 |
| transfer voucher. | 60014 |
| Section 343.30. FOUNTAIN SQUARE | 60015 |
| The foregoing appropriation item 725-404, Fountain Square | 60016 |
| Rental Payments - OBA, shall be used by the Department of Natural | 60017 |
| Resources to meet all payments required to be made to the Ohio | 60018 |
| Building Authority during the period from July 1, 2007, to June | 60019 |
| 30, 2009, pursuant to leases and agreements with the Ohio Building | 60020 |
| Authority under section 152.42 of the Revised Code. These | 60021 |
| appropriations are the source of funds pledged for bond service | 60022 |
| charges on obligations issued pursuant to Chapter 152. of the | 60023 |
| Revised Code. | 60024 |
| The Director of Natural Resources, using intrastate transfer | 60025 |
| vouchers, shall make payments to the General Revenue Fund from | 60026 |
| funds other than the General Revenue Fund to reimburse the General | 60027 |
| Revenue Fund for the other funds' shares of the lease rental | 60028 |
| payments to the Ohio Building Authority. The transfers from the | 60029 |
| non-General Revenue funds shall be made within 10 days of the | 60030 |
| payment to the Ohio Building Authority for the actual amounts | 60031 |
| necessary to fulfill the leases and agreements pursuant to section | 60032 |
| 152.241 of the Revised Code. | 60033 |
| The foregoing appropriation item 725-664, Fountain Square | 60034 |
| Facilities Management (Fund 635), shall be used for payment of | 60035 |
| repairs, renovation, utilities, property management, and building | 60036 |
| maintenance expenses for the Fountain Square Complex. Cash | 60037 |
| transferred by intrastate transfer vouchers from various | 60038 |
| department funds and rental income received by the Department of | 60039 |
| Natural Resources shall be deposited into the Fountain Square | 60040 |
| Facilities Management Fund (Fund 635). | 60041 |
| LEASE RENTAL PAYMENTS | 60042 |
| The foregoing appropriation item 725-413, Lease Rental | 60043 |
| Payments, shall be used to meet all payments at the times they are | 60044 |
| required to be made during the period from July 1, 2007, to June | 60045 |
| 30, 2009, by the Department of Natural Resources pursuant to | 60046 |
| leases and agreements made under section 154.22 of the Revised | 60047 |
| Code. These appropriations are the source of funds pledged for | 60048 |
| bond service charges or obligations issued pursuant to Chapter | 60049 |
| 154. of the Revised Code. | 60050 |
| NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE | 60051 |
| The foregoing appropriation item 725-903, Natural Resources | 60052 |
| General Obligation Debt Service, shall be used to pay all debt | 60053 |
| service and related financing costs during the period July 1, | 60054 |
| 2007, to June 30, 2009, on obligations issued under sections | 60055 |
| 151.01 and 151.05 of the Revised Code. | 60056 |
| Section 343.40. WILDLIFE LICENSE REIMBURSEMENT | 60057 |
| Notwithstanding the limits of the transfer from the General | 60058 |
| Revenue Fund to the Wildlife Fund, as adopted in section 1533.15 | 60059 |
| of the Revised Code, up to the amount available in appropriation | 60060 |
| item 725-425, Wildlife License Reimbursement, may be transferred | 60061 |
| from the General Revenue Fund to the Wildlife Fund (Fund 015). | 60062 |
| Pursuant to the certification of the Director of Budget and | 60063 |
| Management of the amount of foregone revenue in accordance with | 60064 |
| section 1533.15 of the Revised Code, the foregoing appropriation | 60065 |
| item in the General Revenue Fund, appropriation item 725-425, | 60066 |
| Wildlife License Reimbursement, shall be used to reimburse the | 60067 |
| Wildlife Fund (Fund 015) for the cost of hunting and fishing | 60068 |
| licenses and permits issued after June 30, 1990, to individuals | 60069 |
| who are exempted under the Revised Code from license, permit, and | 60070 |
| stamp fees. | 60071 |
| WILDLIFE CONSERVATION CHECKOFF FUND | 60072 |
| Of the foregoing appropriation item 725-655, Wildlife | 60073 |
| Conservation Checkoff Fund, up to $75,000 in each fiscal year | 60074 |
| shall be used by the Ohio Wildlife Center for wildlife | 60075 |
| preservation, wildlife protection, and wildlife education efforts. | 60076 |
| CANAL LANDS | 60077 |
| The foregoing appropriation item 725-456, Canal Lands, shall | 60078 |
| be used to transfer funds to the Canal Lands Fund (Fund 430) to | 60079 |
| provide operating expenses for the State Canal Lands Program. The | 60080 |
| transfer shall be made using an intrastate transfer voucher and | 60081 |
| shall be subject to the approval of the Director of Budget and | 60082 |
| Management. | 60083 |
| SOIL AND WATER DISTRICTS | 60084 |
| In addition to state payments to soil and water conservation | 60085 |
| districts authorized by section 1515.10 of the Revised Code, the | 60086 |
| Department of Natural Resources may pay to any soil and water | 60087 |
| conservation district, from authority in appropriation item | 60088 |
| 725-502, Soil and Water Districts, an annual amount not to exceed | 60089 |
| $30,000, upon receipt of a request and justification from the | 60090 |
| district and approval by the Ohio Soil and Water Conservation | 60091 |
| Commission. The county auditor shall credit the payments to the | 60092 |
| special fund established under section 1515.10 of the Revised Code | 60093 |
| for the local soil and water conservation district. Moneys | 60094 |
| received by each district shall be expended for the purposes of | 60095 |
| the district. The foregoing appropriation item 725-683, Soil and | 60096 |
| Water Districts, shall be expended for the purposes described | 60097 |
| above, except that the funding source for this appropriation shall | 60098 |
| be a fee applied on the disposal of construction and demolition | 60099 |
| debris as provided in section 1515.14 of the Revised Code, as | 60100 |
| amended by this act. | 60101 |
| Of the foregoing appropriation item 725-683, Soil and Water | 60102 |
| Districts, $220,000 in each fiscal year shall be used to support | 60103 |
| the Heidelberg College Water Quality Laboratory. | 60104 |
| Of the foregoing appropriation item 725-683, Soil and Water | 60105 |
| Districts, $125,000 in each fiscal year shall be used for the | 60106 |
| Indian Lake Watershed in Logan County. | 60107 |
| Of the foregoing appropriation item 725-502, Soil and Water | 60108 |
| Districts, $35,000 in each fiscal year shall be used for the | 60109 |
| Conservation Action Project. | 60110 |
| STATE PARK DEPRECIATION RESERVE | 60111 |
| The foregoing appropriation item 725-680, Parks Facilities | 60112 |
| Maintenance, shall be used by the Division of Parks and Recreation | 60113 |
| to maintain state park revenue-producing facilities in the best | 60114 |
| economic operating condition and to repair and replace equipment | 60115 |
| used in the operation of state park revenue producing facilities. | 60116 |
| OIL AND GAS WELL PLUGGING | 60117 |
| The foregoing appropriation item 725-677, Oil and Gas Well | 60118 |
| Plugging, shall be used exclusively for the purposes of plugging | 60119 |
| wells and to properly restore the land surface of idle and orphan | 60120 |
| oil and gas wells pursuant to section 1509.071 of the Revised | 60121 |
| Code. No funds from the appropriation item shall be used for | 60122 |
| salaries, maintenance, equipment, or other administrative | 60123 |
| purposes, except for those costs directly attributed to the | 60124 |
| plugging of an idle or orphan well. Appropriation authority from | 60125 |
| this appropriation item shall not be transferred to any other fund | 60126 |
| or line item. | 60127 |
| LITTER CONTROL AND RECYCLING | 60128 |
| Of the foregoing appropriation item, 725-644, Litter Control | 60129 |
| and Recycling, not more than $1,500,000 may be used in each fiscal | 60130 |
| year for the administration of the Recycling and Litter Prevention | 60131 |
| program. | 60132 |
| CLEAN OHIO OPERATING EXPENSES | 60133 |
| The foregoing appropriation item 725-405, Clean Ohio | 60134 |
| Operating, shall be used by the Department of Natural Resources in | 60135 |
| administering section 1519.05 of the Revised Code. | 60136 |
| WATERWAYS IMPROVEMENTS | 60137 |
| Of the foregoing appropriation item 725-414, Waterways | 60138 |
| Improvement, $50,000 in each fiscal year shall be used for | 60139 |
| dredging operations at Fairport Harbor. | 60140 |
| WATERCRAFT MARINE PATROL | 60141 |
| Of the foregoing appropriation item 739-401, Division of | 60142 |
| Watercraft, not more than $200,000 in each fiscal year shall be | 60143 |
| expended for the purchase of equipment for marine patrols | 60144 |
| qualifying for funding from the Department of Natural Resources | 60145 |
| pursuant to section 1547.67 of the Revised Code. Proposals for | 60146 |
| equipment shall accompany the submission of documentation for | 60147 |
| receipt of a marine patrol subsidy pursuant to section 1547.67 of | 60148 |
| the Revised Code and shall be loaned to eligible marine patrols | 60149 |
| pursuant to a cooperative agreement between the Department of | 60150 |
| Natural Resources and the eligible marine patrol. | 60151 |
| WATERCRAFT REVOLVING LOAN PROGRAM | 60152 |
| Upon certification by the Director of Natural Resources, the | 60153 |
| Director of Budget and Management shall transfer an amount not to | 60154 |
| exceed $1,000,000 in fiscal year 2008 and not to exceed $1,000,000 | 60155 |
| in fiscal year 2009 so certified from the Waterways Safety Fund | 60156 |
| (Fund 086) to the Watercraft Revolving Loans Fund (Fund 5AW). The | 60157 |
| moneys shall be used pursuant to sections 1547.721 to 1547.726 of | 60158 |
| the Revised Code. | 60159 |
| PARKS CAPITAL EXPENSES FUND | 60160 |
| The Director of Natural Resources shall submit to the | 60161 |
| Director of Budget and Management the estimated design, | 60162 |
| engineering, and planning costs of capital-related work to be done | 60163 |
| by Department of Natural Resources staff for parks projects. If | 60164 |
| the Director of Budget and Management approves the estimated | 60165 |
| costs, the Director may release appropriations from appropriation | 60166 |
| item 725-406, Parks Projects Personnel, for those purposes. Upon | 60167 |
| release of the appropriations, the Department of Natural Resources | 60168 |
| shall pay for these expenses from the Parks Capital Expenses Fund | 60169 |
| (Fund 227). Expenses paid from Fund 227 shall be reimbursed by the | 60170 |
| Parks and Recreation Improvement Fund (Fund 035) using an | 60171 |
| intrastate transfer voucher. | 60172 |
| CAPITAL EXPENSES FUND | 60173 |
| The Department of Natural Resources shall periodically | 60174 |
| prepare and submit to the Director of Budget and Management the | 60175 |
| estimated design, planning, and engineering costs of | 60176 |
| capital-related work to be done by the Department of Natural | 60177 |
| Resources for each project. Based on the estimates, the Director | 60178 |
| of Budget and Management may release appropriations from | 60179 |
| appropriation item CAP-753, Project Planning, within the Ohio | 60180 |
| Parks and Natural Resources Fund (Fund 031) to pay for design, | 60181 |
| planning, and engineering costs incurred by the Department of | 60182 |
| Natural Resources for the projects. Upon release of the | 60183 |
| appropriations by the Director of Budget and Management, the | 60184 |
| Department of Natural Resources shall pay for these expenses from | 60185 |
| the Capital Expenses Fund (Fund 4S9), and shall be reimbursed by | 60186 |
| the Ohio Parks and Natural Resources Fund (Fund 031) using an | 60187 |
| intrastate voucher. | 60188 |
| FUND CONSOLIDATION | 60189 |
| On July 1, 2007, or as soon thereafter as possible, the | 60190 |
| Director of Budget and Management shall transfer the cash balance | 60191 |
| as certified by the Director of Natural Resources from the Federal | 60192 |
| Forestry Fund (Fund 328) to the State Forest Fund (Fund 509). The | 60193 |
| Director shall cancel any remaining outstanding encumbrances | 60194 |
| against appropriation item 725-603, Forestry-Federal, and | 60195 |
| re-establish them against appropriation item 725-602, State | 60196 |
| Forest. The amounts of any encumbrances canceled and | 60197 |
| re-established are hereby appropriated. | 60198 |
| On July 1, 2007, or as soon thereafter as possible, the | 60199 |
| Director of Budget and Management shall transfer the cash balance | 60200 |
| as certified by the Director of Natural Resources from the REALM | 60201 |
| Support Services Fund (Fund 206) to the Fountain Square Facilities | 60202 |
| Management Fund (Fund 635). The Director shall cancel any | 60203 |
| remaining outstanding encumbrances against appropriation item | 60204 |
| 725-689, REALM Support Services, and re-establish them against | 60205 |
| appropriation item 725-664, Fountain Square Facilities Management. | 60206 |
| The amounts of any encumbrances canceled and re-established are | 60207 |
| hereby appropriated. | 60208 |
| STATE PARK OPERATING | 60209 |
| All proceeds from insurance companies and any other sources | 60210 |
| for the replacement and construction of the Lake Hope Lodge and | 60211 |
| its appurtenances shall be deposited into the State Park Operating | 60212 |
| Fund (Fund 512). | 60213 |
| Section 345.10. NUR STATE BOARD OF NURSING | 60214 |
| General Services Fund Group | 60215 |
| 4K9 | 884-609 | Operating Expenses | $ | 5,661,280 | $ | 5,661,280 | 60216 | ||||
| 5P8 | 884-601 | Nursing Special Issues | $ | 5,000 | $ | 5,000 | 60217 | ||||
| 5AC | 884-602 | Nurse Education Grant Program | $ | 1,450,000 | $ | 1,450,000 | 60218 | ||||
| TOTAL GSF General Services | 60219 | ||||||||||
| Fund Group | $ | 7,116,280 | $ | 7,116,280 | 60220 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 7,116,280 | $ | 7,116,280 | 60221 | ||||||
| NURSING SPECIAL ISSUES | 60222 |
| The foregoing appropriation item 884-601, Nursing Special | 60223 |
| Issues (Fund 5P8), shall be used to pay the costs the Board of | 60224 |
| Nursing incurs in implementing section 4723.062 of the Revised | 60225 |
| Code. | 60226 |
| Section 347.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY, | 60227 |
| AND ATHLETIC TRAINERS BOARD | 60228 |
| General Services Fund Group | 60229 |
| 4K9 | 890-609 | Operating Expenses | $ | 892,241 | $ | 963,984 | 60230 | ||||
| TOTAL GSF General Services Fund Group | $ | 892,241 | $ | 963,984 | 60231 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 892,241 | $ | 963,984 | 60232 | ||||||
| Section 349.10. OLA OHIOANA LIBRARY ASSOCIATION | 60234 |
| General Revenue Fund | 60235 |
| GRF | 355-501 | Library Subsidy | $ | 200,000 | $ | 200,000 | 60236 | ||||
| TOTAL GRF General Revenue Fund | $ | 200,000 | $ | 200,000 | 60237 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 200,000 | $ | 200,000 | 60238 | ||||||
| Section 351.10. ODB OHIO OPTICAL DISPENSERS BOARD | 60240 |
| General Services Fund Group | 60241 |
| 4K9 | 894-609 | Operating Expenses | $ | 333,656 | $ | 345,324 | 60242 | ||||
| TOTAL GSF General Services | 60243 | ||||||||||
| Fund Group | $ | 333,656 | $ | 345,324 | 60244 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 333,656 | $ | 345,324 | 60245 | ||||||
| Section 353.10. OPT STATE BOARD OF OPTOMETRY | 60247 |
| General Services Fund Group | 60248 |
| 4K9 | 885-609 | Operating Expenses | $ | 344,571 | $ | 351,071 | 60249 | ||||
| TOTAL GSF General Services | 60250 | ||||||||||
| Fund Group | $ | 344,571 | $ | 351,071 | 60251 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 344,571 | $ | 351,071 | 60252 | ||||||
| Section 355.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS, | 60254 |
| AND PEDORTHICS | 60255 |
| General Services Fund Group | 60256 |
| 4K9 | 973-609 | Operating Expenses | $ | 111,300 | $ | 116,260 | 60257 | ||||
| TOTAL GSF General Services | 60258 | ||||||||||
| Fund Group | $ | 111,300 | $ | 116,260 | 60259 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 111,300 | $ | 116,260 | 60260 | ||||||
| Section 357.10. PBR STATE PERSONNEL BOARD OF REVIEW | 60261 |
| General Revenue Fund | 60262 |
| GRF | 124-321 | Operating | $ | 1,137,181 | $ | 1,179,825 | 60263 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,137,181 | $ | 1,179,825 | 60264 | ||||||
| General Services Fund Group | 60265 |
| 636 | 124-601 | Records and Reporting Support | $ | 15,000 | $ | 15,000 | 60266 | ||||
| TOTAL GSF General Services | 60267 | ||||||||||
| Fund Group | $ | 15,000 | $ | 15,000 | 60268 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,152,181 | $ | 1,194,825 | 60269 | ||||||
| Section 359.10. UST PETROLEUM UNDERGROUND STORAGE TANK | 60271 |
| Agency Fund Group | 60272 |
| 691 | 810-632 | PUSTRCB Staff | $ | 1,116,658 | $ | 1,169,181 | 60273 | ||||
| TOTAL AGY Agency Fund Group | $ | 1,116,658 | $ | 1,169,181 | 60274 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,116,658 | $ | 1,169,181 | 60275 | ||||||
| Section 361.10. PRX STATE BOARD OF PHARMACY | 60277 |
| General Services Fund Group | 60278 |
| 4A5 | 887-605 | Drug Law Enforcement | $ | 75,550 | $ | 75,550 | 60279 | ||||
| 4K9 | 887-609 | Operating Expenses | $ | 4,874,572 | $ | 5,251,032 | 60280 | ||||
| TOTAL GSF General Services Fund Group | $ | 4,950,122 | $ | 5,326,582 | 60281 | ||||||
| Federal Special Revenue Fund Group | 60282 |
| 3BC | 887-604 | Dangerous Drugs Database | $ | 558,531 | $ | 491,405 | 60283 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 558,531 | $ | 491,405 | 60284 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,508,653 | $ | 5,817,987 | 60285 | ||||||
| Section 363.10. PSY STATE BOARD OF PSYCHOLOGY | 60287 |
| General Services Fund Group | 60288 |
| 4K9 | 882-609 | Operating Expenses | $ | 586,565 | $ | 586,565 | 60289 | ||||
| TOTAL GSF General Services | 60290 | ||||||||||
| Fund Group | $ | 586,565 | $ | 586,565 | 60291 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 586,565 | $ | 586,565 | 60292 | ||||||
| Section 365.10. PUB OHIO PUBLIC DEFENDER COMMISSION | 60294 |
| General Revenue Fund | 60295 |
| GRF | 019-321 | Public Defender Administration | $ | 1,287,404 | $ | 1,315,150 | 60296 | ||||
| GRF | 019-401 | State Legal Defense Services | $ | 5,914,023 | $ | 6,120,592 | 60297 | ||||
| GRF | 019-403 | Multi-County: State Share | $ | 766,402 | $ | 762,727 | 60298 | ||||
| GRF | 019-404 | Trumbull County - State Share | $ | 244,816 | $ | 243,650 | 60299 | ||||
| GRF | 019-405 | Training Account | $ | 31,324 | $ | 31,324 | 60300 | ||||
| GRF | 019-501 | County Reimbursement | $ | 29,834,251 | $ | 29,572,857 | 60301 | ||||
| TOTAL GRF General Revenue Fund | $ | 38,078,220 | $ | 38,046,300 | 60302 | ||||||
| General Services Fund Group | 60303 |
| 101 | 019-602 | Inmate Legal Assistance | $ | 33,338 | $ | 34,638 | 60304 | ||||
| 407 | 019-604 | County Representation | $ | 219,800 | $ | 227,500 | 60305 | ||||
| 408 | 019-605 | Client Payments | $ | 611,537 | $ | 476,760 | 60306 | ||||
| 5CX | 019-617 | Civil Case Filing Fee | $ | 409,237 | $ | 598,400 | 60307 | ||||
| TOTAL GSF General Services | 60308 | ||||||||||
| Fund Group | $ | 1,273,912 | $ | 1,337,298 | 60309 | ||||||
| Federal Special Revenue Fund Group | 60310 |
| 3S8 | 019-608 | Federal Representation | $ | 350,948 | $ | 364,917 | 60311 | ||||
| TOTAL FED Federal Special Revenue | 60312 | ||||||||||
| Fund Group | $ | 350,948 | $ | 364,917 | 60313 | ||||||
| State Special Revenue Fund Group | 60314 |
| 4C7 | 019-601 | Multi-County: County Share | $ | 2,181,300 | $ | 2,288,200 | 60315 | ||||
| 4X7 | 019-610 | Trumbull County - County Share | $ | 696,800 | $ | 731,000 | 60316 | ||||
| 574 | 019-606 | Civil Legal Aid | $ | 40,000,000 | $ | 40,000,000 | 60317 | ||||
| TOTAL SSR State Special Revenue | 60318 | ||||||||||
| Fund Group | $ | 42,878,100 | $ | 43,019,200 | 60319 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 82,581,180 | $ | 82,767,715 | 60320 | ||||||
| INDIGENT DEFENSE OFFICE | 60321 |
| The foregoing appropriation items 019-404, Trumbull County - | 60322 |
| State Share, and 019-610, Trumbull County - County Share, shall be | 60323 |
| used to support an indigent defense office for Trumbull County. | 60324 |
| MULTI-COUNTY OFFICE | 60325 |
| The foregoing appropriation items 019-403, Multi-County: | 60326 |
| State Share, and 019-601, Multi-County: County Share, shall be | 60327 |
| used to support the Office of the Ohio Public Defender's | 60328 |
| Multi-County Branch Office Program. | 60329 |
| TRAINING ACCOUNT | 60330 |
| The foregoing appropriation item 019-405, Training Account, | 60331 |
| shall be used by the Ohio Public Defender to provide legal | 60332 |
| training programs at no cost for private appointed counsel who | 60333 |
| represent at least one indigent defendant at no cost and for state | 60334 |
| and county public defenders and attorneys who contract with the | 60335 |
| Ohio Public Defender to provide indigent defense services. | 60336 |
| FEDERAL REPRESENTATION | 60337 |
| The foregoing appropriation item 019-608, Federal | 60338 |
| Representation, shall be used to receive reimbursements from the | 60339 |
| federal courts when the Ohio Public Defender provides | 60340 |
| representation in federal court cases and to support | 60341 |
| representation in such cases. | 60342 |
| Section 367.10. DHS DEPARTMENT OF PUBLIC SAFETY | 60343 |
| General Revenue Fund | 60344 |
| GRF | 763-403 | Operating Expenses - EMA | $ | 4,164,697 | $ | 4,164,697 | 60345 | ||||
| GRF | 768-424 | Operating Expenses - CJS | $ | 814,478 | $ | 814,478 | 60346 | ||||
| GRF | 769-321 | Food Stamp Trafficking Enforcement Operations | $ | 752,000 | $ | 752,000 | 60347 | ||||
| TOTAL GRF General Revenue Fund | $ | 5,731,175 | $ | 5,731,175 | 60348 | ||||||
| State Special Revenue Fund Group | 60349 |
| 5EX | 768-690 | Disaster Preparedness | $ | 350,000 | $ | 350,000 | 60350 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 350,000 | $ | 350,000 | 60351 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 6,081,175 | $ | 6,081,175 | 60352 |
| OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT | 60353 |
| Of the foregoing appropriation item 763-403, Operating | 60354 |
| Expenses - EMA, $200,000 in each fiscal year shall be used to fund | 60355 |
| the Ohio Task Force One - Urban Search and Rescue Unit and other | 60356 |
| urban search and rescue programs around the state to create a | 60357 |
| stronger search and rescue capability statewide. | 60358 |
| EMA DISASTER PREPAREDNESS AND RESPONSE GRANT | 60359 |
| Of the foregoing appropriation item 768-690, Disaster | 60360 |
| Preparedness, $275,000 in fiscal year 2008 and $350,000 in fiscal | 60361 |
| year 2009 shall be used for a grant to the American Red Cross | 60362 |
| Greater Columbus Chapter for implementation of programs to assist | 60363 |
| in disaster preparedness and response throughout Ohio. The | 60364 |
| American Red Cross Greater Columbus Chapter shall develop a | 60365 |
| funding plan that includes programmatic, infrastructure, and | 60366 |
| administrative costs. Moneys shall be released to the American Red | 60367 |
| Cross Greater Columbus Chapter not more than 45 days after | 60368 |
| submission of the plan to the Ohio Emergency Management Agency. Of | 60369 |
| the foregoing appropriation item 768-690, Disaster Preparedness, | 60370 |
| $75,000 in fiscal year 2008 shall be used for the Fire and | 60371 |
| Emergency Services Regionalization Project of Berea and Olmstead | 60372 |
| Falls. | 60373 |
| Section 369.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO | 60374 |
| General Services Fund Group | 60375 |
| 5F6 | 870-622 | Utility and Railroad Regulation | $ | 32,820,027 | $ | 33,804,627 | 60376 | ||||
| 5F6 | 870-624 | NARUC/NRRI Subsidy | $ | 158,000 | $ | 158,000 | 60377 | ||||
| 5F6 | 870-625 | Motor Transportation Regulation | $ | 4,635,413 | $ | 4,772,765 | 60378 | ||||
| TOTAL GSF General Services | 60379 | ||||||||||
| Fund Group | $ | 37,613,440 | $ | 38,735,392 | 60380 | ||||||
| Federal Special Revenue Fund Group | 60381 |
| 3V3 | 870-604 | Commercial Vehicle Information Systems/Networks | $ | 300,000 | $ | 300,000 | 60382 | ||||
| 333 | 870-601 | Gas Pipeline Safety | $ | 597,957 | $ | 597,959 | 60383 | ||||
| 350 | 870-608 | Motor Carrier Safety | $ | 7,137,534 | $ | 7,351,660 | 60384 | ||||
| TOTAL FED Federal Special Revenue | 60385 | ||||||||||
| Fund Group | $ | 8,035,491 | $ | 8,249,619 | 60386 | ||||||
| State Special Revenue Fund Group | 60387 |
| 4A3 | 870-614 | Grade Crossing Protection Devices-State | $ | 1,349,757 | $ | 1,349,757 | 60388 | ||||
| 4L8 | 870-617 | Pipeline Safety-State | $ | 187,621 | $ | 187,621 | 60389 | ||||
| 4S6 | 870-618 | Hazardous Material Registration | $ | 464,325 | $ | 464,325 | 60390 | ||||
| 4S6 | 870-621 | Hazardous Materials Base State Registration | $ | 373,346 | $ | 373,346 | 60391 | ||||
| 4U8 | 870-620 | Civil Forfeitures | $ | 284,986 | $ | 284,986 | 60392 | ||||
| 5BP | 870-623 | Wireless 9-1-1 Administration | $ | 26,875,000 | $ | 13,375,000 | 60393 | ||||
| 559 | 870-605 | Public Utilities Territorial Administration | $ | 4,000 | $ | 4,000 | 60394 | ||||
| 560 | 870-607 | Public Utilities Investigations | $ | 100,000 | $ | 100,000 | 60395 | ||||
| 561 | 870-606 | Power Siting Board | $ | 404,651 | $ | 404,652 | 60396 | ||||
| 638 | 870-611 | Biomass Energy Program | $ | 40,000 | $ | 40,000 | 60397 | ||||
| 661 | 870-612 | Hazardous Materials Transportation | $ | 900,000 | $ | 900,000 | 60398 | ||||
| TOTAL SSR State Special Revenue | 60399 | ||||||||||
| Fund Group | $ | 30,983,686 | $ | 17,483,687 | 60400 | ||||||
| Agency Fund Group | 60401 |
| 4G4 | 870-616 | Base State Registration Program | $ | 2,000,000 | $ | 0 | 60402 | ||||
| TOTAL AGY Agency Fund Group | $ | 2,000,000 | $ | 0 | 60403 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 78,632,617 | $ | 64,468,698 | 60404 | ||||||
| COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT | 60405 |
| The fund created by section 4923.26 of the Revised Code is | 60406 |
| the same fund, with a new name, as the Commercial Vehicle | 60407 |
| Information Systems and Networks Fund (Fund 3V3). | 60408 |
| ENHANCED AND WIRELESS ENHANCED 9-1-1 | 60409 |
| The foregoing appropriation item 870-623, Wireless 9-1-1 | 60410 |
| Administration, shall be used pursuant to section 4931.63 of the | 60411 |
| Revised Code. | 60412 |
| Section 371.10. PWC PUBLIC WORKS COMMISSION | 60413 |
| General Revenue Fund | 60414 |
| GRF | 150-904 | Conservation General Obligation Debt Service | $ | 14,698,728 | $ | 19,037,480 | 60415 | ||||
| GRF | 150-907 | State Capital Improvements | $ | 175,738,464 | $ | 181,620,189 | 60416 | ||||
| General Obligation Debt Service | 60417 | ||||||||||
| TOTAL GRF General Revenue Fund | $ | 190,437,192 | $ | 200,657,669 | 60418 | ||||||
| Clean Ohio Fund Group | 60419 |
| 056 | 150-403 | Clean Ohio Operating Expenses | $ | 301,537 | $ | 311,509 | 60420 | ||||
| TOTAL 056 Clean Ohio Fund Group | $ | 301,537 | $ | 311,509 | 60421 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 190,738,729 | $ | 200,969,178 | 60422 | ||||||
| CONSERVATION GENERAL OBLIGATION DEBT SERVICE | 60423 |
| The foregoing appropriation item 150-904, Conservation | 60424 |
| General Obligation Debt Service, shall be used to pay all debt | 60425 |
| service and related financing costs during the period from July 1, | 60426 |
| 2007, through June 30, 2009, at the times they are required to be | 60427 |
| made for obligations issued under sections 151.01 and 151.09 of | 60428 |
| the Revised Code. | 60429 |
| STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE | 60430 |
| The foregoing appropriation item 150-907, State Capital | 60431 |
| Improvements General Obligation Debt Service, shall be used to pay | 60432 |
| all debt service and related financing costs during the period | 60433 |
| from July 1, 2007, to June 30, 2009, at the times they are | 60434 |
| required to be made for obligations issued under sections 151.01 | 60435 |
| and 151.08 of the Revised Code. | 60436 |
| REIMBURSEMENT TO THE GENERAL REVENUE FUND | 60437 |
| (A) On or before July 15, 2009, the Director of the Public | 60438 |
| Works Commission shall certify to the Director of Budget and | 60439 |
| Management the following: | 60440 |
| (1) The total amount disbursed from appropriation item | 60441 |
| 700-409, Farmland Preservation, during the fiscal year 2008-2009 | 60442 |
| biennium; and | 60443 |
| (2) The amount of interest earnings that have been credited | 60444 |
| to the Clean Ohio Conservation Fund (Fund 056) that are in excess | 60445 |
| of the amount needed for other purposes as calculated by the | 60446 |
| Director of the Public Works Commission. | 60447 |
| (B) If the Director of Budget and Management determines under | 60448 |
| division (A)(2) of this section that there are excess interest | 60449 |
| earnings, the Director of Budget and Management shall, on or | 60450 |
| before July 15, 2009, transfer the excess interest earnings to the | 60451 |
| General Revenue Fund in an amount equal to the total amount | 60452 |
| disbursed under division (A)(1) of this section from the Clean | 60453 |
| Ohio Conservation Fund. | 60454 |
| CLEAN OHIO OPERATING EXPENSES | 60455 |
| The foregoing appropriation item 150-403, Clean Ohio | 60456 |
| Operating Expenses, shall be used by the Ohio Public Works | 60457 |
| Commission in administering sections 164.20 to 164.27 of the | 60458 |
| Revised Code. | 60459 |
| Section 373.10. RAC STATE RACING COMMISSION | 60460 |
| State Special Revenue Fund Group | 60461 |
| 5C4 | 875-607 | Simulcast Horse Racing Purse | $ | 16,000,000 | $ | 16,000,000 | 60462 | ||||
| 562 | 875-601 | Thoroughbred Race Fund | $ | 3,100,000 | $ | 3,100,000 | 60463 | ||||
| 563 | 875-602 | Standardbred Development Fund | $ | 2,600,000 | $ | 2,600,000 | 60464 | ||||
| 564 | 875-603 | Quarterhorse Development Fund | $ | 1,000 | $ | 1,000 | 60465 | ||||
| 565 | 875-604 | Racing Commission Operating | $ | 4,487,599 | $ | 4,487,599 | 60466 | ||||
| TOTAL SSR State Special Revenue | 60467 | ||||||||||
| Fund Group | $ | 26,188,599 | $ | 26,188,599 | 60468 | ||||||
| Holding Account Redistribution Fund Group | 60469 |
| R21 | 875-605 | Bond Reimbursements | $ | 212,900 | $ | 212,900 | 60470 | ||||
| TOTAL 090 Holding Account Redistribution | 60471 | ||||||||||
| Fund Group | $ | 212,900 | $ | 212,900 | 60472 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 26,401,499 | $ | 26,401,499 | 60473 | ||||||
| Section 375.10. BOR BOARD OF REGENTS | 60475 |
| General Revenue Fund | 60476 |
| GRF | 235-321 | Operating Expenses | $ | 3,141,351 | $ | 3,141,351 | 60477 | ||||
| GRF | 235-401 | Lease Rental Payments | $ | 203,177,900 | $ | 136,017,500 | 60478 | ||||
| GRF | 235-402 | Sea Grants | $ | 300,000 | $ | 300,000 | 60479 | ||||
| GRF | 235-406 | Articulation and Transfer | $ | 2,900,000 | $ | 2,900,000 | 60480 | ||||
| GRF | 235-408 | Midwest Higher Education Compact | $ | 95,000 | $ | 95,000 | 60481 | ||||
| GRF | 235-409 | Information System | $ | 1,175,172 | $ | 1,175,172 | 60482 | ||||
| GRF | 235-414 | State Grants and Scholarship Administration | $ | 1,707,881 | $ | 1,707,881 | 60483 | ||||
| GRF | 235-415 | Jobs Challenge | $ | 9,348,300 | $ | 9,348,300 | 60484 | ||||
| GRF | 235-417 | Ohio Learning Network | $ | 3,119,496 | $ | 3,119,496 | 60485 | ||||
| GRF | 235-418 | Access Challenge | $ | 66,585,769 | $ | 66,585,769 | 60486 | ||||
| GRF | 235-420 | Success Challenge | $ | 53,653,973 | $ | 53,653,973 | 60487 | ||||
| GRF | 235-428 | Appalachian New Economy Partnership | $ | 1,176,068 | $ | 1,176,068 | 60488 | ||||
| GRF | 235-433 | Economic Growth Challenge | $ | 17,186,194 | $ | 17,186,194 | 60489 | ||||
| GRF | 235-434 | College Readiness and Access | $ | 12,655,425 | $ | 12,655,425 | 60490 | ||||
| GRF | 235-435 | Teacher Improvement Initiatives | $ | 4,797,506 | $ | 11,297,506 | 60491 | ||||
| GRF | 235-436 | AccelerateOhio | $ | 2,500,000 | $ | 5,000,000 | 60492 | ||||
| GRF | 235-437 | STEM Initiatives | $ | 10,000,000 | $ | 10,000,000 | 60493 | ||||
| GRF | 235-451 | Eminent Scholars | $ | 0 | $ | 1,000,000 | 60494 | ||||
| GRF | 235-455 | EnterpriseOhio Network | $ | 1,373,941 | $ | 1,373,941 | 60495 | ||||
| GRF | 235-474 | Area Health Education Centers Program Support | $ | 1,571,756 | $ | 1,571,756 | 60496 | ||||
| GRF | 235-501 | State Share of Instruction | $ | 1,620,877,952 | $ | 1,782,965,747 | 60497 | ||||
| GRF | 235-502 | Student Support Services | $ | 795,790 | $ | 795,790 | 60498 | ||||
| GRF | 235-503 | Ohio Instructional Grants | $ | 42,533,966 | $ | 18,315,568 | 60499 | ||||
| GRF | 235-504 | War Orphans Scholarships | $ | 4,812,321 | $ | 4,812,321 | 60500 | ||||
| GRF | 235-507 | OhioLINK | $ | 7,387,824 | $ | 7,387,824 | 60501 | ||||
| GRF | 235-508 | Air Force Institute of Technology | $ | 1,925,345 | $ | 1,925,345 | 60502 | ||||
| GRF | 235-510 | Ohio Supercomputer Center | $ | 4,271,195 | $ | 4,271,195 | 60503 | ||||
| GRF | 235-511 | Cooperative Extension Service | $ | 26,157,760 | $ | 26,157,760 | 60504 | ||||
| GRF | 235-513 | Ohio University Voinovich Center | $ | 336,082 | $ | 336,082 | 60505 | ||||
| GRF | 235-514 | Central State Supplement | $ | 11,413,995 | $ | 11,413,995 | 60506 | ||||
| GRF | 235-515 | Case Western Reserve University School of Medicine | $ | 3,011,271 | $ | 3,011,271 | 60507 | ||||
| GRF | 235-518 | Capitol Scholarship Program | $ | 125,000 | $ | 125,000 | 60508 | ||||
| GRF | 235-519 | Family Practice | $ | 4,548,470 | $ | 4,548,470 | 60509 | ||||
| GRF | 235-520 | Shawnee State Supplement | $ | 2,056,986 | $ | 2,056,986 | 60510 | ||||
| GRF | 235-521 | The Ohio State University Glenn Institute | $ | 286,082 | $ | 286,082 | 60511 | ||||
| GRF | 235-524 | Police and Fire Protection | $ | 171,959 | $ | 171,959 | 60512 | ||||
| GRF | 235-525 | Geriatric Medicine | $ | 750,110 | $ | 750,110 | 60513 | ||||
| GRF | 235-526 | Primary Care Residencies | $ | 2,245,688 | $ | 2,245,688 | 60514 | ||||
| GRF | 235-527 | Ohio Aerospace Institute | $ | 1,764,957 | $ | 1,764,957 | 60515 | ||||
| GRF | 235-530 | Academic Scholarships | $ | 7,800,000 | $ | 7,800,000 | 60516 | ||||
| GRF | 235-531 | Student Choice Grants | $ | 38,485,376 | $ | 38,485,376 | 60517 | ||||
| GRF | 235-535 | Ohio Agricultural Research and Development Center | $ | 36,674,292 | $ | 36,674,292 | 60518 | ||||
| GRF | 235-536 | The Ohio State University Clinical Teaching | $ | 13,565,885 | $ | 13,565,885 | 60519 | ||||
| GRF | 235-537 | University of Cincinnati Clinical Teaching | $ | 11,157,756 | $ | 11,157,756 | 60520 | ||||
| GRF | 235-538 | University of Toledo Clinical Teaching | $ | 8,696,866 | $ | 8,696,866 | 60521 | ||||
| GRF | 235-539 | Wright State University Clinical Teaching | $ | 4,225,107 | $ | 4,225,107 | 60522 | ||||
| GRF | 235-540 | Ohio University Clinical Teaching | $ | 4,084,540 | $ | 4,084,540 | 60523 | ||||
| GRF | 235-541 | Northeastern Ohio Universities College of Medicine Clinical Teaching | $ | 4,200,945 | $ | 4,200,945 | 60524 | ||||
| GRF | 235-547 | School of International Business | $ | 450,000 | $ | 450,000 | 60525 | ||||
| GRF | 235-552 | Capital Component | $ | 19,306,442 | $ | 19,306,442 | 60526 | ||||
| GRF | 235-553 | Dayton Area Graduate Studies Institute | $ | 2,806,599 | $ | 2,806,599 | 60527 | ||||
| GRF | 235-554 | Priorities in Collaborative Graduate Education | $ | 2,355,548 | $ | 2,355,548 | 60528 | ||||
| GRF | 235-555 | Library Depositories | $ | 1,696,458 | $ | 1,696,458 | 60529 | ||||
| GRF | 235-556 | Ohio Academic Resources Network | $ | 3,727,223 | $ | 3,727,223 | 60530 | ||||
| GRF | 235-558 | Long-term Care Research | $ | 311,047 | $ | 311,047 | 60531 | ||||
| GRF | 235-561 | Bowling Green State University Canadian Studies Center | $ | 100,015 | $ | 100,015 | 60532 | ||||
| GRF | 235-563 | Ohio College Opportunity Grant | $ | 139,974,954 | $ | 151,113,781 | 60533 | ||||
| GRF | 235-567 | Central State University Speed to Scale | $ | 4,400,000 | $ | 3,800,000 | 60534 | ||||
| GRF | 235-569 | Choose Ohio First Scholarship | $ | 50,000,000 | $ | 50,000,000 | 60535 | ||||
| GRF | 235-572 | The Ohio State University Clinic Support | $ | 1,277,019 | $ | 1,277,019 | 60536 | ||||
| GRF | 235-583 | Urban University Program | $ | 5,142,937 | $ | 5,142,937 | 60537 | ||||
| GRF | 235-587 | Rural University Projects | $ | 1,047,889 | $ | 1,047,889 | 60538 | ||||
| GRF | 235-596 | Hazardous Materials Program | $ | 360,435 | $ | 360,435 | 60539 | ||||
| GRF | 235-599 | National Guard Scholarship Program | $ | 16,611,063 | $ | 16,611,063 | 60540 | ||||
| GRF | 235-909 | Higher Education General Obligation Debt Service | $ | 163,222,668 | $ | 198,309,840 | 60541 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,673,619,549 | $ | 2,799,954,545 | 60542 | ||||||
| General Services Fund Group | 60543 |
| 220 | 235-614 | Program Approval and Reauthorization | $ | 800,000 | $ | 800,000 | 60544 | ||||
| 456 | 235-603 | Sales and Services | $ | 700,000 | $ | 700,000 | 60545 | ||||
| TOTAL GSF General Services | 60546 | ||||||||||
| Fund Group | $ | 1,500,000 | $ | 1,500,000 | 60547 | ||||||
| Federal Special Revenue Fund Group | 60548 |
| 3BG | 235-626 | Star Schools | $ | 2,980,865 | $ | 2,990,746 | 60549 | ||||
| 3H2 | 235-608 | Human Services Project | $ | 3,000,000 | $ | 3,000,000 | 60550 | ||||
| 3H2 | 235-622 | Medical Collaboration Network | $ | 3,346,144 | $ | 3,346,144 | 60551 | ||||
| 3N6 | 235-605 | State Student Incentive Grants | $ | 2,196,680 | $ | 2,196,680 | 60552 | ||||
| 3T0 | 235-610 | National Health Service Corps - Ohio Loan Repayment | $ | 250,000 | $ | 250,000 | 60553 | ||||
| 312 | 235-609 | Tech Prep | $ | 183,850 | $ | 183,850 | 60554 | ||||
| 312 | 235-611 | Gear-up Grant | $ | 3,300,000 | $ | 3,300,000 | 60555 | ||||
| 312 | 235-612 | Carl D. Perkins Grant/Plan Administration | $ | 112,960 | $ | 112,960 | 60556 | ||||
| 312 | 235-617 | Improving Teacher Quality Grant | $ | 3,200,000 | $ | 3,200,000 | 60557 | ||||
| 312 | 235-621 | Science Education Network | $ | 1,686,970 | $ | 1,686,970 | 60558 | ||||
| TOTAL FED Federal Special Revenue | 60559 | ||||||||||
| Fund Group | $ | 20,257,469 | $ | 20,267,350 | 60560 | ||||||
| State Special Revenue Fund Group | 60561 |
| 4E8 | 235-602 | Higher Educational Facility Commission Administration | $ | 50,000 | $ | 45,000 | 60562 | ||||
| 4P4 | 235-604 | Physician Loan Repayment | $ | 476,870 | $ | 476,870 | 60563 | ||||
| 649 | 235-607 | The Ohio State University Highway/Transportation Research | $ | 760,000 | $ | 760,000 | 60564 | ||||
| 682 | 235-606 | Nursing Loan Program | $ | 893,000 | $ | 893,000 | 60565 | ||||
| 5DT | 235-627 | American Diploma Project | $ | 250,000 | $ | 0 | 60566 | ||||
| TOTAL SSR State Special Revenue | 60567 | ||||||||||
| Fund Group | $ | 2,429,870 | $ | 2,174,870 | 60568 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,697,806,888 | $ | 2,823,896,765 | 60569 | ||||||
| Section 375.10.10. OPERATING EXPENSES | 60571 |
| Of the foregoing appropriation item 235-321, Operating | 60572 |
| Expenses, up to $150,000 in each fiscal year shall be used in | 60573 |
| conjunction with funding provided in the Department of Education | 60574 |
| budget under appropriation item 200-427, Academic Standards, to | 60575 |
| fund the operations of Ohio's Partnership for Continued Learning. | 60576 |
| The Partnership shall advise and make recommendations to promote | 60577 |
| collaboration among relevant state entities in an effort to help | 60578 |
| local communities develop coherent and successful "P-16" learning | 60579 |
| systems. Upon requesting and receiving approval from the | 60580 |
| Controlling Board, the Director of Budget and Management may | 60581 |
| transfer any unencumbered fiscal year 2008 balance to fiscal year | 60582 |
| 2009 to support the activities of the Partnership. | 60583 |
| Section 375.10.20. LEASE RENTAL PAYMENTS | 60584 |
| The foregoing appropriation item 235-401, Lease Rental | 60585 |
| Payments, shall be used to meet all payments at the times they are | 60586 |
| required to be made during the period from July 1, 2007, to June | 60587 |
| 30, 2009, by the Board of Regents under leases and agreements made | 60588 |
| under section 154.21 of the Revised Code. These appropriations are | 60589 |
| the source of funds pledged for bond service charges or | 60590 |
| obligations issued pursuant to Chapter 154. of the Revised Code. | 60591 |
| Section 375.10.30. SEA GRANTS | 60592 |
| The foregoing appropriation item 235-402, Sea Grants, shall | 60593 |
| be disbursed to the Ohio State University and shall be used to | 60594 |
| conduct research on fish in Lake Erie. | 60595 |
| Section 375.10.40. ARTICULATION AND TRANSFER | 60596 |
| The foregoing appropriation item 235-406, Articulation and | 60597 |
| Transfer, shall be used by the Board of Regents to maintain and | 60598 |
| expand the work of the Articulation and Transfer Council to | 60599 |
| develop a system of transfer policies to ensure that students at | 60600 |
| state institutions of higher education can transfer and have | 60601 |
| coursework apply to their majors and degrees at any other state | 60602 |
| institution of higher education without unnecessary duplication or | 60603 |
| institutional barriers under sections 3333.16, 3333.161, and | 60604 |
| 3333.162 of the Revised Code. The Board of Regents shall, in | 60605 |
| consultation with the Governor and the Department of Education, | 60606 |
| convene a work group to establish coursework for content knowledge | 60607 |
| and teacher competencies for early care and education degrees to | 60608 |
| support articulation and transfer of coursework, certifications, | 60609 |
| and credit earned across state-supported institutions of higher | 60610 |
| education. | 60611 |
| Of the foregoing appropriation item 235-406, Articulation and | 60612 |
| Transfer, $200,000 in each fiscal year shall be used to support | 60613 |
| the work of the Articulation and Transfer Council under division | 60614 |
| (B) of section 3333.162 of the Revised Code. | 60615 |
| Section 375.10.50. MIDWEST HIGHER EDUCATION COMPACT | 60616 |
| The foregoing appropriation item 235-408, Midwest Higher | 60617 |
| Education Compact, shall be distributed by the Board of Regents | 60618 |
| under section 3333.40 of the Revised Code. | 60619 |
| Section 375.10.60. INFORMATION SYSTEM | 60620 |
| The foregoing appropriation item 235-409, Information System, | 60621 |
| shall be used by the Board of Regents to operate the higher | 60622 |
| education information data system known as the Higher Education | 60623 |
| Information System. | 60624 |
| Section 375.10.70. STATE GRANTS AND SCHOLARSHIP | 60625 |
| ADMINISTRATION | 60626 |
| The foregoing appropriation item 235-414, State Grants and | 60627 |
| Scholarship Administration, shall be used by the Board of Regents | 60628 |
| to administer the following student financial aid programs: Ohio | 60629 |
| Instructional Grant, Ohio College Opportunity Grant, Ohio Student | 60630 |
| Choice Grant, Ohio Academic Scholarship, Ohio War Orphans' | 60631 |
| Scholarship, Nurse Education Assistance Loan Program, Regents | 60632 |
| Graduate/Professional Fellowship, Ohio Safety Officers College | 60633 |
| Memorial Fund, Capitol Scholarship Program, and any other student | 60634 |
| financial aid programs created by the General Assembly. The | 60635 |
| appropriation item also shall be used to administer the federal | 60636 |
| Leveraging Educational Assistance Partnership (LEAP) and Special | 60637 |
| Leveraging Educational Assistance Partnership (SLEAP) programs and | 60638 |
| other student financial aid programs created by Congress and to | 60639 |
| provide fiscal services for the Ohio National Guard Scholarship | 60640 |
| Program, the Physician Loan Repayment Program, and the Dentist | 60641 |
| Loan Repayment Program. | 60642 |
| Section 375.10.80. JOBS CHALLENGE | 60643 |
| Funds appropriated to the foregoing appropriation item | 60644 |
| 235-415, Jobs Challenge, shall be distributed to state-assisted | 60645 |
| community and technical colleges, regional campuses of | 60646 |
| state-assisted universities, and other organizationally distinct | 60647 |
| and identifiable member campuses of the EnterpriseOhio Network in | 60648 |
| support of noncredit job-related training. In fiscal year 2008, | 60649 |
| $2,770,773 shall be distributed as performance grants to | 60650 |
| EnterpriseOhio Network campuses based upon each campus's | 60651 |
| documented performance according to criteria established by the | 60652 |
| Board of Regents for assessment, training, and related services to | 60653 |
| businesses, industries, and public sector organizations. | 60654 |
| Of the foregoing appropriation item 235-415, Jobs Challenge, | 60655 |
| $2,819,345 in fiscal year 2008 shall be allocated to the Targeted | 60656 |
| Industries Training Grant Program to attract, develop, and retain | 60657 |
| business and industry strategically important to the state's | 60658 |
| economy and regional priorities. | 60659 |
| Of the foregoing appropriation item 235-415, Jobs Challenge, | 60660 |
| $3,758,182 in fiscal year 2008 shall be allocated to the Higher | 60661 |
| Skills Incentives Program to promote and deliver coordinated | 60662 |
| assessment and comprehensive training to local employers and to | 60663 |
| reward EnterpriseOhio Network campuses for the amount of | 60664 |
| non-credit skill upgrading services provided to Ohio employers and | 60665 |
| employees. The funds shall be distributed to campuses in | 60666 |
| proportion to each campus's share of noncredit job-related | 60667 |
| training revenues received by all campuses for the previous fiscal | 60668 |
| year. | 60669 |
| Section 375.10.90. OHIO LEARNING NETWORK | 60670 |
| The foregoing appropriation item 235-417, Ohio Learning | 60671 |
| Network, shall be used by the Board of Regents to support the | 60672 |
| continued implementation of the Ohio Learning Network, a statewide | 60673 |
| collaborative that delivers adult education including degree | 60674 |
| completion, workforce training, and professional development using | 60675 |
| online and distance education initiatives. The funds shall be used | 60676 |
| by the Ohio Learning Network to develop and promote learning and | 60677 |
| assessment through the use of technology, to test and provide | 60678 |
| advice on emerging learning-directed technologies, and to | 60679 |
| facilitate cost-effectiveness through shared educational | 60680 |
| technology investments. | 60681 |
| Section 375.20.10. ACCESS CHALLENGE | 60682 |
| The foregoing appropriation item 235-418, Access Challenge, | 60683 |
| shall be distributed to Ohio's state-assisted access colleges and | 60684 |
| universities. For the purposes of this allocation, "access | 60685 |
| campuses" includes state-assisted community colleges, state | 60686 |
| community colleges, technical colleges, Shawnee State University, | 60687 |
| Central State University, Cleveland State University, the regional | 60688 |
| campuses of state-assisted universities, and, where they are | 60689 |
| organizationally distinct and identifiable, the | 60690 |
| community-technical colleges located at the University of | 60691 |
| Cincinnati, Youngstown State University, and the University of | 60692 |
| Akron. | 60693 |
| The purpose of Access Challenge is to reduce the student | 60694 |
| share of costs for resident undergraduates enrolled in lower | 60695 |
| division undergraduate courses at Ohio's access campuses. The | 60696 |
| long-term goal is to make the student share of costs for these | 60697 |
| students equivalent to the student share of costs for resident | 60698 |
| undergraduate students enrolled throughout Ohio's public colleges | 60699 |
| and universities. Access Challenge appropriations shall be used to | 60700 |
| sustain, as much as possible, the tuition restraint or tuition | 60701 |
| reduction that was achieved with Access Challenge allocations in | 60702 |
| prior years. Access campuses shall disclose, in their tuition | 60703 |
| billing statements to students, the amount of tuition subsidized | 60704 |
| by state Access Challenge subsidies. | 60705 |
| In fiscal year 2008, Access Challenge subsidies shall be | 60706 |
| distributed by the Board of Regents to eligible access campuses on | 60707 |
| the basis of the average of each campus's share of fiscal year | 60708 |
| 2005 and 2006 all-terms subsidy-eligible General Studies FTEs. | 60709 |
| For purposes of this calculation, Cleveland State | 60710 |
| University's enrollments shall be adjusted by the ratio of the sum | 60711 |
| of subsidy-eligible lower-division FTE student enrollments | 60712 |
| eligible for access funding to the sum of subsidy-eligible General | 60713 |
| Studies FTE student enrollments at Central State University and | 60714 |
| Shawnee State University, and for the following universities and | 60715 |
| their regional campuses: the Ohio State University, Ohio | 60716 |
| University, Kent State University, Bowling Green State University, | 60717 |
| Miami University, the University of Cincinnati, the University of | 60718 |
| Akron, and Wright State University. | 60719 |
| Section 375.20.20. SUCCESS CHALLENGE | 60720 |
| The foregoing appropriation item 235-420, Success Challenge, | 60721 |
| shall be used by the Board of Regents to promote degree completion | 60722 |
| by students enrolled at a main campus of a state-assisted | 60723 |
| university. | 60724 |
| Of the foregoing appropriation item 235-420, Success | 60725 |
| Challenge, 66.67 per cent of the appropriation in fiscal year 2008 | 60726 |
| shall be distributed to state-assisted university main campuses in | 60727 |
| proportion to each campus's share of the total statewide | 60728 |
| bachelor's degrees granted by university main campuses to | 60729 |
| "at-risk" students. In fiscal year 2008, an "at-risk" student | 60730 |
| means any undergraduate student who was eligible to receive an | 60731 |
| Ohio need-based financial aid award during the past ten years. An | 60732 |
| eligible institution shall not receive its share of this | 60733 |
| distribution until it has submitted a plan that addresses how the | 60734 |
| subsidy will be used to better serve at-risk students and increase | 60735 |
| their likelihood of successful completion of a bachelor's degree | 60736 |
| program. The Board of Regents shall disseminate to all | 60737 |
| state-supported institutions of higher education all such plans | 60738 |
| submitted by institutions that received Success Challenge funds. | 60739 |
| Of the foregoing appropriation item 235-420, Success | 60740 |
| Challenge, 33.33 per cent of the appropriation in fiscal year 2008 | 60741 |
| shall be distributed to university main campuses in proportion to | 60742 |
| each campus's share of the total bachelor's degrees granted by | 60743 |
| university main campuses to undergraduate students who completed | 60744 |
| their bachelor's degrees in a "timely manner" in the previous | 60745 |
| fiscal year. For purposes of this section, "timely manner" means | 60746 |
| the normal time it would take for a full-time degree-seeking | 60747 |
| undergraduate student to complete the student's degree. Generally, | 60748 |
| for such students pursuing a bachelor's degree, "timely manner" | 60749 |
| means four years. Exceptions to this general rule shall be | 60750 |
| permitted for students enrolled in programs specifically designed | 60751 |
| to be completed in a longer time period. The Board of Regents | 60752 |
| shall collect data to assess the timely completion statistics by | 60753 |
| university main campuses. | 60754 |
| Section 375.20.30. APPALACHIAN NEW ECONOMY PARTNERSHIP | 60755 |
| The foregoing appropriation item 235-428, Appalachian New | 60756 |
| Economy Partnership, shall be distributed to Ohio University to | 60757 |
| continue a multi-campus and multi-agency coordinated effort to | 60758 |
| link Appalachia to the new economy. Ohio University shall use | 60759 |
| these funds to provide leadership in the development and | 60760 |
| implementation of initiatives in the areas of entrepreneurship, | 60761 |
| management, education, and technology. | 60762 |
| Section 375.20.40. ECONOMIC GROWTH CHALLENGE | 60763 |
| The foregoing appropriation item 235-433, Economic Growth | 60764 |
| Challenge, shall be used to enhance the basic research | 60765 |
| capabilities of Ohio's public and private institutions of higher | 60766 |
| education, support improved graduate programs throughout the | 60767 |
| state, and promote the transfer of technology developed by | 60768 |
| colleges and universities to private industry to further the | 60769 |
| economic goals of the state. | 60770 |
| Of the foregoing appropriation item 235-433, Economic Growth | 60771 |
| Challenge, $12,000,000 in fiscal year 2008 shall be used for the | 60772 |
| Research Incentive Program to enhance the basic research | 60773 |
| capabilities of public colleges and universities and accredited | 60774 |
| Ohio institutions of higher education holding certificates of | 60775 |
| authorization issued under section 1713.02 of the Revised Code, in | 60776 |
| order to strengthen academic research for pursuing Ohio's economic | 60777 |
| development goals. The Board of Regents, in consultation with the | 60778 |
| colleges and universities, shall administer the Research Incentive | 60779 |
| Program and utilize a means of matching, on a fractional basis, | 60780 |
| external funds attracted in the previous year by institutions for | 60781 |
| basic research. The program may include incentives for increasing | 60782 |
| the amount of external research funds coming to eligible | 60783 |
| institutions and for focusing research efforts upon critical state | 60784 |
| needs. Colleges and universities shall submit for review and | 60785 |
| approval to the Board of Regents plans for the institutional | 60786 |
| allocation of state dollars received through the program. The | 60787 |
| institutional plans shall provide the rationale for the allocation | 60788 |
| in terms of the strategic targeting of funds for academic and | 60789 |
| state purposes, for strengthening research programs, for | 60790 |
| increasing the amount of external research funds, and shall | 60791 |
| include an evaluation process to provide results of the increased | 60792 |
| support. Institutional plans for the use of Research Incentive | 60793 |
| funding must demonstrate a significant investment in Third | 60794 |
| Frontier activities funded at the institution. For a college or | 60795 |
| university with multiple Third Frontier grants, as much as ten per | 60796 |
| cent of that institution's Research Incentive funding may be | 60797 |
| invested in Third Frontier Project-related activities. Each | 60798 |
| institutional plan for the investment of Research Incentive moneys | 60799 |
| shall report on existing, planned, or possible relationships with | 60800 |
| other state science and technology programs and funding recipients | 60801 |
| in order to further ongoing statewide science and technology | 60802 |
| collaboration objectives. The Board of Regents shall submit a | 60803 |
| biennial report of progress to the General Assembly. | 60804 |
| In fiscal year 2008, both those state-assisted doctoral | 60805 |
| degree-granting universities and those accredited Ohio | 60806 |
| institutions of higher education holding certificates of | 60807 |
| authorization under section 1713.02 of the Revised Code may elect | 60808 |
| to participate in the Innovation Incentive Plan designed to | 60809 |
| enhance doctoral programs and areas of research that have the | 60810 |
| greatest potential to attract preeminent researchers and build | 60811 |
| research capacity; enhance regional or state economic growth by | 60812 |
| creating new products and services to be commercialized; and | 60813 |
| complement Ohio's Third Frontier Project. | 60814 |
| In fiscal year 2008, funding for the Innovation Incentive | 60815 |
| Program shall be generated from those state-assisted doctoral | 60816 |
| degree-granting universities electing to set aside a portion of | 60817 |
| their allocations as provided in appropriation item 235-501, State | 60818 |
| Share of Instruction, and state matching funds provided in | 60819 |
| appropriation item 235-433, Economic Growth Challenge. In fiscal | 60820 |
| year 2008, the Board of Regents shall withhold each participating | 60821 |
| state-assisted university's required matching share from its | 60822 |
| allocation as provided in appropriation item 235-501, State Share | 60823 |
| of Instruction. Additionally, those accredited Ohio institutions | 60824 |
| of higher education holding certificates of authorization under | 60825 |
| section 1713.02 of the Revised Code electing to participate in the | 60826 |
| Innovation Incentive Program shall be required to set aside an | 60827 |
| amount comparable to the state-assisted doctoral degree-granting | 60828 |
| universities. The criteria for the determination of this amount | 60829 |
| shall be developed by the Board of Regents. | 60830 |
| Of the foregoing appropriation item 235-433, Economic Growth | 60831 |
| Challenge, $4,686,194 in fiscal year 2008 shall match funds set | 60832 |
| aside by the participating universities under the Innovation | 60833 |
| Incentive Program. | 60834 |
| The Board of Regents shall use the combined amount of each | 60835 |
| participating state-assisted university's set aside of the | 60836 |
| doctoral reserve that has been withheld, the state matching funds | 60837 |
| earmarked under appropriation item 235-433, Economic Growth | 60838 |
| Challenge, and the amount set aside by each accredited Ohio | 60839 |
| institution of higher education holding a certificate of | 60840 |
| authorization under section 1713.02 of the Revised Code electing | 60841 |
| to participate in the Innovation Incentive Program to make awards | 60842 |
| through a competitive process under the Innovation Incentive | 60843 |
| Program. Only universities electing to set aside the prescribed | 60844 |
| amount shall be eligible to compete for and receive Innovation | 60845 |
| Incentive awards. The participating universities shall use these | 60846 |
| awards to restructure their array of doctoral programs. | 60847 |
| Of the foregoing appropriation item 235-433, Economic Growth | 60848 |
| Challenge, $500,000 in fiscal year 2008 shall be distributed for | 60849 |
| the Technology Commercialization Incentive. The purpose of the | 60850 |
| Technology Commercialization Incentive is to reward public and | 60851 |
| private colleges and universities for successful technology | 60852 |
| transfer to Ohio-based business and industry resulting in the | 60853 |
| commercialization of new products, processes, and services and the | 60854 |
| establishment of new business start-ups within the state. The | 60855 |
| Third Frontier Commission, with counsel from the Third Frontier | 60856 |
| Advisory Board, shall establish the eligibility criteria for | 60857 |
| public and private colleges and universities interested in | 60858 |
| applying for Technology Commercialization Incentive funding. To | 60859 |
| qualify for the funds, public and private colleges and | 60860 |
| universities must maintain a significant investment in their own | 60861 |
| technology-transfer and commercialization operation and | 60862 |
| capabilities, and possess a significant history of successful | 60863 |
| research partnerships with Ohio-based business and industry. | 60864 |
| Section 375.20.45. DISTRIBUTION OF CHALLENGE FUNDS | 60865 |
| The Chancellor of the Board of Regents shall study the | 60866 |
| effectiveness and appropriateness of the programs funded in GRF | 60867 |
| appropriation items 235-415, Jobs Challenge, 235-418, Access | 60868 |
| Challenge, 235-420, Success Challenge, and 235-433, Economic | 60869 |
| Growth Challenge, in the context of today's knowledge-based | 60870 |
| economy with a focus on student-based funding, the workforce | 60871 |
| development needs of the state in the Twenty-first Century, and | 60872 |
| incentives for student success. Based on the findings of the | 60873 |
| study, the Chancellor of the Board of Regents shall make | 60874 |
| recommendations for the distribution of the funds provided for | 60875 |
| fiscal year 2009. Not later than May 1, 2008, the Chancellor of | 60876 |
| the Board of Regents shall seek the Controlling Board's approval | 60877 |
| of the recommended distribution of the funds provided for fiscal | 60878 |
| year 2009 in GRF appropriation items 235-415, Jobs Challenge, | 60879 |
| 235-418, Access Challenge, 235-420, Success Challenge, and | 60880 |
| 235-433, Economic Growth Challenge. | 60881 |
| Section 375.20.50. COLLEGE READINESS AND ACCESS | 60882 |
| Appropriation item 235-434, College Readiness and Access, | 60883 |
| shall be used by the Board of Regents to support programs designed | 60884 |
| to improve the academic preparation and increase the number of | 60885 |
| students that enroll and succeed in higher education such as the | 60886 |
| Ohio College Access Network, the state match for the federal | 60887 |
| Gaining Early Awareness and Readiness for Undergraduate Program, | 60888 |
| and early awareness initiatives. The appropriation item shall also | 60889 |
| be used to support innovative statewide strategies to increase | 60890 |
| student access and retention for specialized populations, and to | 60891 |
| provide for pilot projects that will contribute to improving | 60892 |
| access to higher education by specialized populations. The funds | 60893 |
| also may be used for projects that improve access for nonpublic | 60894 |
| secondary students. | 60895 |
| Of the foregoing appropriation item 235-434, College | 60896 |
| Readiness and Access, $798,684 in fiscal year 2008 and $822,645 in | 60897 |
| fiscal year 2009 shall be distributed to the Ohio Appalachian | 60898 |
| Center for Higher Education at Shawnee State University. The board | 60899 |
| of directors of the Center shall consist of the presidents of | 60900 |
| Shawnee State University, Belmont Technical College, Hocking | 60901 |
| College, Jefferson Community College, Zane State College, Rio | 60902 |
| Grande Community College, Southern State Community College, and | 60903 |
| Washington State Community College; the president of Ohio | 60904 |
| University or a designee of the president; the dean of one of the | 60905 |
| Salem, Tuscarawas, and East Liverpool regional campuses of Kent | 60906 |
| State University, as designated by the president of Kent State | 60907 |
| University; and a representative of the Board of Regents | 60908 |
| designated by the Chancellor. | 60909 |
| Of the foregoing appropriation item 235-434, College | 60910 |
| Readiness and Access, $169,553 in fiscal year 2008 and $174,640 in | 60911 |
| fiscal year 2009 shall be distributed to Miami University for the | 60912 |
| Student Achievement in Research and Scholarship (STARS) Program. | 60913 |
| Of the foregoing appropriation item 235-434, College | 60914 |
| Readiness and Access, $3,503,985 in each fiscal year shall be used | 60915 |
| in conjunction with funding provided in the Ohio Department of | 60916 |
| Education budget under appropriation item 200-431, School | 60917 |
| Improvement Initiatives, to support the Early College High School | 60918 |
| Program. The funds shall be distributed according to guidelines | 60919 |
| established by the Department of Education and the Board of | 60920 |
| Regents. | 60921 |
| Section 375.20.60. TEACHER IMPROVEMENT INITIATIVES | 60922 |
| Appropriation item 235-435, Teacher Improvement Initiatives, | 60923 |
| shall be used by the Board of Regents to support programs such as | 60924 |
| OSI - Discovery and the Centers of Excellence in Mathematics and | 60925 |
| Science designed to raise the quality of mathematics and science | 60926 |
| teaching in primary, secondary, and post-secondary education. | 60927 |
| Of the foregoing appropriation item 235-435, Teacher | 60928 |
| Improvement Initiatives, $204,049 in each fiscal year shall be | 60929 |
| distributed to the Mathematics and Science Center in Lake County. | 60930 |
| Of the foregoing appropriation item 235-435, Teacher | 60931 |
| Improvement Initiatives, $106,619 in each fiscal year shall be | 60932 |
| distributed to the Ohio Mathematics and Science Coalition. | 60933 |
| Of the foregoing appropriation item 234-435, Teacher | 60934 |
| Improvement Initiatives, $100,000 in each fiscal year shall be | 60935 |
| distributed to the Teacher Quality Partnerships study. | 60936 |
| Of the foregoing appropriation item 235-435, Teacher | 60937 |
| Improvement Initiatives, $100,000 in each fiscal year shall be | 60938 |
| distributed to the Sinclair Community College Distance Learning | 60939 |
| STEM Partnership. | 60940 |
| Of the foregoing appropriation item 235-435, Teacher | 60941 |
| Improvement Initiatives, $874,871 in each fiscal year shall be | 60942 |
| distributed to the Ohio Resource Center for Mathematics, Science, | 60943 |
| and Reading. The funds shall be used to support a resource center | 60944 |
| for mathematics, science, and reading to be located at a | 60945 |
| state-assisted university for the purpose of identifying best | 60946 |
| educational practices in primary and secondary schools and | 60947 |
| establishing methods for communicating them to colleges of | 60948 |
| education and school districts. The Ohio Resource Center for | 60949 |
| Mathematics, Science, and Reading shall not make available | 60950 |
| resources that are inconsistent with the K-12 science standards | 60951 |
| and policies as adopted by the State Board of Education. | 60952 |
| Of the foregoing appropriation item 235-435, Teacher | 60953 |
| Improvement Initiatives, up to $2,000,000 in each fiscal year | 60954 |
| shall be used to support up to ten regional summer academies that | 60955 |
| focus on foreign language, science, mathematics, engineering, and | 60956 |
| technology and prepare eleventh and twelfth grade students | 60957 |
| enrolled in public or chartered nonpublic schools to pursue | 60958 |
| college-level foreign language, mathematics, science, technology, | 60959 |
| and engineering, with a focus on secondary teaching in these | 60960 |
| disciplines. Successful completion of these academics shall result | 60961 |
| in dual high school and college credits. Costs shall be based upon | 60962 |
| reasonable expenses, as determined by the Board of Regents, that | 60963 |
| institutions of higher education may incur for faculty, supplies, | 60964 |
| and other associated costs. | 60965 |
| Of the foregoing appropriation item 235-435, Teacher | 60966 |
| Improvement Initiatives, up to $4,000,000 in fiscal year 2009 | 60967 |
| shall be used to fund teacher-signing bonuses for individuals that | 60968 |
| enter the teaching profession in a public school district or | 60969 |
| school district building that has been designated a hard-to-staff | 60970 |
| school by the Department of Education. To qualify for the signing | 60971 |
| bonus, an individual must: (a) be licensed to teach; (b) be | 60972 |
| assigned to teach in foreign language, science, or mathematics; | 60973 |
| and (c) agree to teach in a hard-to-staff school for a minimum of | 60974 |
| five years. An individual may qualify for up to $20,000 in | 60975 |
| state-funded bonuses if all obligations are met. The Board of | 60976 |
| Regents shall develop this program jointly with the Department of | 60977 |
| Education and the Partnership for Continued Learning. An | 60978 |
| individual may participate in either the teacher-signing bonus | 60979 |
| program or the teacher loan-forgiveness program, but may not | 60980 |
| receive benefits from both programs. The Board of Regents shall | 60981 |
| recoup funds received by any program participant who has not | 60982 |
| fulfilled the five-year teaching obligation as described in this | 60983 |
| section. | 60984 |
| Of the foregoing appropriation item 235-435, Teacher | 60985 |
| Improvement Initiatives, up to $2,500,000 in fiscal year 2009 | 60986 |
| shall be used to fund teacher loan-forgiveness for individuals | 60987 |
| that enter the teaching profession in a school district or school | 60988 |
| district building that has been designated as a hard-to-staff | 60989 |
| school by the Department of Education. To qualify for the loan | 60990 |
| forgiveness, an individual must: (a) be licensed to teach; (b) be | 60991 |
| assigned to teach in foreign language, science, or mathematics; | 60992 |
| and (c) agree to teach in a hard-to-staff school for a minimum of | 60993 |
| five years. An individual may qualify for up to $20,000 in state | 60994 |
| funded loan forgiveness if all obligations are met. The Board of | 60995 |
| Regents shall develop this program jointly with the Department of | 60996 |
| Education and the Partnership for Continued Learning. An | 60997 |
| individual may participate in either the teacher-signing bonus | 60998 |
| program or the teacher loan-forgiveness program, but may not | 60999 |
| receive benefits from both programs. The Board of Regents shall | 61000 |
| recoup funds received by any program participant who has not | 61001 |
| fulfilled the five-year teaching obligation as described in this | 61002 |
| section. | 61003 |
| Section 375.20.70. ACCELERATEOHIO | 61004 |
| Of the foregoing appropriation item 235-436 AccelerateOhio, | 61005 |
| $2,000,000 in fiscal year 2008 and $5,000,000 in fiscal 2009 shall | 61006 |
| be used by the Board of Regents, in collaboration with Ohio's | 61007 |
| public two-year campuses, to develop and implement a statewide | 61008 |
| program designed to improve the education and skills of Ohio's | 61009 |
| workforce by assisting low-income working adults in Ohio to | 61010 |
| improve their education and training. AccelerateOhio shall consist | 61011 |
| of competency-based, low-cost, noncredit, and credit-bearing | 61012 |
| modules and courses in communications, mathematics, and | 61013 |
| information technology, and other fields selected by the Board of | 61014 |
| Regents. The program shall be designed to culminate in a | 61015 |
| certificate and provide recipients with a foundation for | 61016 |
| additional post-secondary education. | 61017 |
| Of the foregoing appropriation item 235-436, AccelerateOhio, | 61018 |
| $500,000 in fiscal year 2008 shall be used to support the Health | 61019 |
| Information and Imaging Technology Workforce Development Pilot | 61020 |
| Project pursuant to section 3333.55 of the Revised Code. | 61021 |
| Section 375.20.75. STEM INITIATIVES | 61022 |
| The foregoing appropriation item 235-437, STEM Initiatives, | 61023 |
| shall be used for STEM Academies. | 61024 |
| Section 375.20.80. EMINENT SCHOLARS | 61025 |
| The foregoing appropriation item 235-451, Eminent Scholars, | 61026 |
| shall be used by the Ohio Board of Regents to continue the Ohio | 61027 |
| Eminent Scholars Program, the purpose of which is to invest | 61028 |
| educational resources to address problems that are of vital | 61029 |
| statewide significance while fostering the growth in eminence of | 61030 |
| Ohio's academic programs. Ohio Eminent Scholars endowed chairs | 61031 |
| shall allow Ohio universities to recruit senior faculty members | 61032 |
| from outside Ohio who are nationally and internationally | 61033 |
| recognized scholars in areas of science and technology that | 61034 |
| provide the basic research platforms on which the state's | 61035 |
| technology and commercialization efforts are built. Endowment | 61036 |
| grants of approximately $685,494 to state colleges and | 61037 |
| universities and nonprofit Ohio institutions of higher education | 61038 |
| holding certificates of authorization issued under section 1713.02 | 61039 |
| of the Revised Code to match endowment gifts from nonstate sources | 61040 |
| may be made in accordance with a plan established by the Ohio | 61041 |
| Board of Regents. Matching nonstate endowment gifts shall be equal | 61042 |
| to the state's endowment grant of approximately $685,494. The | 61043 |
| grants shall have as their purpose attracting and sustaining in | 61044 |
| Ohio scholar-leaders of national or international prominence; each | 61045 |
| grant shall assist in accelerating state economic growth through | 61046 |
| research that provides an essential basic science platform for | 61047 |
| commercialization efforts. Such scholar-leaders shall, among their | 61048 |
| duties, share broadly the benefits and knowledge unique to their | 61049 |
| fields of scholarship to the betterment of Ohio and its people and | 61050 |
| collaborate with other state technology programs and program | 61051 |
| recipients. | 61052 |
| All new Eminent Scholar awards made by the Board of Regents | 61053 |
| shall be associated with a Wright Center of Innovation, a | 61054 |
| Partnership Award from the Biomedical Research and Technology | 61055 |
| Transfer Trust Fund, or a Wright Capital Project. | 61056 |
| Section 375.20.90. ENTERPRISEOHIO NETWORK | 61057 |
| The foregoing appropriation item 235-455, EnterpriseOhio | 61058 |
| Network, shall be allocated by the Board of Regents to continue | 61059 |
| increasing the capabilities of the EnterpriseOhio Network to meet | 61060 |
| the ongoing training needs of Ohio employers. Funds shall support | 61061 |
| multicampus collaboration, best practice dissemination, and | 61062 |
| capacity building projects. The Regents Advisory Committee for | 61063 |
| Workforce Development, in its advisory role, shall advise in the | 61064 |
| development of plans and activities. | 61065 |
| Section 375.30.10. AREA HEALTH EDUCATION CENTERS | 61066 |
| The foregoing appropriation item 235-474, Area Health | 61067 |
| Education Centers Program Support, shall be used by the Board of | 61068 |
| Regents to support the medical school regional area health | 61069 |
| education centers' educational programs for the continued support | 61070 |
| of medical and other health professions education and for support | 61071 |
| of the Area Health Education Center Program. | 61072 |
| Of the foregoing appropriation item 235-474, Area Health | 61073 |
| Education Centers Program Support, $159,158 in each fiscal year | 61074 |
| shall be disbursed to the Ohio University College of Osteopathic | 61075 |
| Medicine to operate a mobile health care unit to serve the | 61076 |
| southeastern area of the state. | 61077 |
| Of the foregoing appropriation item 235-474, Area Health | 61078 |
| Education Centers Program Support, $119,369 in each fiscal year | 61079 |
| shall be used to support the Ohio Valley Community Health | 61080 |
| Information Network (OVCHIN) project. | 61081 |
| Section 375.30.20. STATE SHARE OF INSTRUCTION | 61082 |
| The Board of Regents shall establish procedures to allocate | 61083 |
| the foregoing appropriation item 235-501, State Share of | 61084 |
| Instruction, based on the formulas and enrollment in the | 61085 |
| instructional models set out in this section. | 61086 |
| (A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS | 61087 |
| (1) As soon as practicable during each fiscal year of the | 61088 |
| biennium ending June 30, 2009, in accordance with instructions of | 61089 |
| the Board of Regents, each state-assisted institution of higher | 61090 |
| education shall report its actual enrollment to the Board of | 61091 |
| Regents. | 61092 |
| (2) In defining the number of full-time equivalent students | 61093 |
| for state subsidy purposes, the Board of Regents shall exclude all | 61094 |
| undergraduate students who are not residents of Ohio, except those | 61095 |
| charged in-state fees in accordance with reciprocity agreements | 61096 |
| made under section 3333.17 of the Revised Code or employer | 61097 |
| contracts entered into under section 3333.32 of the Revised Code. | 61098 |
| (3) In calculating the core subsidy entitlements for Medical | 61099 |
| II models only, the Board of Regents shall use the following count | 61100 |
| of FTE students: | 61101 |
| (a) For those medical schools whose current year enrollment, | 61102 |
| including students repeating terms, is below the base enrollment, | 61103 |
| the Medical II FTE enrollment shall equal: 65 per cent of the base | 61104 |
| enrollment plus 35 per cent of the current year enrollment | 61105 |
| including students repeating terms, where the base enrollment is: | 61106 |
| The Ohio State University | 1010 | 61107 | |||
| University of Cincinnati | 833 | 61108 | |||
| University of Toledo | 650 | 61109 | |||
| Wright State University | 433 | 61110 | |||
| Ohio University | 433 | 61111 | |||
| Northeastern Ohio Universities College of Medicine | 433 | 61112 |
| (b) For those medical schools whose current year enrollment, | 61113 |
| excluding students repeating terms, is equal to or greater than | 61114 |
| the base enrollment, the Medical II FTE enrollment shall equal the | 61115 |
| base enrollment plus the FTE for repeating students. | 61116 |
| (c) Students repeating terms may be no more than five per | 61117 |
| cent of current year enrollment. | 61118 |
| (4) The state share of instruction to state-supported | 61119 |
| universities for students enrolled in law schools in fiscal year | 61120 |
| 2008 and fiscal year 2009 shall be calculated by using the number | 61121 |
| of subsidy-eligible FTE law school students funded by state | 61122 |
| subsidy in fiscal year 1995 or the actual number of | 61123 |
| subsidy-eligible FTE law school students at the institution in the | 61124 |
| fiscal year, whichever is less. | 61125 |
| (B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT | 61126 |
| For purposes of calculating state share of instruction | 61127 |
| allocations, the total instructional costs per full-time | 61128 |
| equivalent student shall be: | 61129 |
| Model | Fiscal Year 2008 | Fiscal Year 2009 | 61130 | |
| ARTS AND HUMANITIES 1 | $7,220 | $7,494 | 61131 | |
| ARTS AND HUMANITIES 2 | 9,431 | 9,790 | 61132 | |
| ARTS AND HUMANITIES 3 | 12,186 | 12,649 | 61133 | |
| ARTS AND HUMANITIES 4 | 17,836 | 18,514 | 61134 | |
| ARTS AND HUMANITIES 5 | 27,829 | 28,887 | 61135 | |
| ARTS AND HUMANITIES 6 | 34,540 | 35,852 | 61136 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 1 | 6,352 | 6,594 | 61137 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 2 | 7,389 | 7,670 | 61138 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 3 | 8,911 | 9,249 | 61139 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 4 | 10,744 | 11,152 | 61140 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 5 | 17,070 | 17,719 | 61141 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 6 | 21,908 | 22,740 | 61142 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 7 | 26,019 | 27,008 | 61143 | |
| MEDICAL 1 | 43,190 | 44,831 | 61144 | |
| MEDICAL 2 | 47,635 | 49,445 | 61145 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1 | 6,552 | 6,801 | 61146 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2 | 9,196 | 9,545 | 61147 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3 | 11,610 | 12,051 | 61148 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4 | 14,789 | 15,351 | 61149 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5 | 18,420 | 19,119 | 61150 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6 | 19,990 | 20,750 | 61151 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7 | 27,676 | 28,728 | 61152 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8 | 35,308 | 36,650 | 61153 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9 | 48,150 | 49,979 | 61154 |
| Doctoral I and Doctoral II models shall be allocated in | 61155 |
| accordance with division (D)(1) of this section. | 61156 |
| (C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL, | 61157 |
| AND GRADUATE WEIGHTS | 61158 |
| For the purpose of implementing the recommendations of the | 61159 |
| State Share of Instruction Consultation and the Higher Education | 61160 |
| Funding Study Council that priority be given to maintaining state | 61161 |
| support for science, technology, engineering, mathematics, | 61162 |
| medicine, and graduate programs, the costs in division (B) of this | 61163 |
| section shall be weighted by the amounts provided below: | 61164 |
| Model | Fiscal Year 2008 | Fiscal Year 2009 | 61165 | |
| ARTS AND HUMANITIES 1 | 1.000 | 1.000 | 61166 | |
| ARTS AND HUMANITIES 2 | 1.000 | 1.000 | 61167 | |
| ARTS AND HUMANITIES 3 | 1.000 | 1.000 | 61168 | |
| ARTS AND HUMANITIES 4 | 1.000 | 1.000 | 61169 | |
| ARTS AND HUMANITIES 5 | 1.250 | 1.250 | 61170 | |
| ARTS AND HUMANITIES 6 | 1.250 | 1.250 | 61171 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 1 | 1.000 | 1.000 | 61172 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 2 | 1.000 | 1.000 | 61173 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 3 | 1.000 | 1.000 | 61174 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 4 | 1.000 | 1.000 | 61175 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 5 | 1.250 | 1.250 | 61176 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 6 | 1.250 | 1.250 | 61177 | |
| BUSINESS, EDUCATION & SOCIAL SCIENCES 7 | 1.250 | 1.250 | 61178 | |
| MEDICAL 1 | 1.500 | 1.500 | 61179 | |
| MEDICAL 2 | 1.728 | 1.728 | 61180 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1 | 1.000 | 1.000 | 61181 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2 | 1.002 | 1.002 | 61182 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3 | 1.613 | 1.613 | 61183 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4 | 1.690 | 1.690 | 61184 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5 | 1.420 | 1.420 | 61185 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6 | 2.081 | 2.081 | 61186 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7 | 1.702 | 1.702 | 61187 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8 | 1.808 | 1.808 | 61188 | |
| SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9 | 1.341 | 1.341 | 61189 |
| (D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA | 61190 |
| ENTITLEMENTS AND ADJUSTMENTS | 61191 |
| (1) Of the foregoing appropriation item 235-501, State Share | 61192 |
| of Instruction, up to 10.44 per cent of the appropriation in each | 61193 |
| fiscal year shall be reserved for support of doctoral programs to | 61194 |
| implement the recommendations of the Graduate Funding Commission. | 61195 |
| The amount so reserved shall be referred to as the doctoral | 61196 |
| set-aside. | 61197 |
| The doctoral set-aside shall be allocated to universities in | 61198 |
| proportion to their share of the total number of Doctoral I | 61199 |
| equivalent FTEs as calculated on an institutional basis using the | 61200 |
| greater of the two-year or five-year FTEs for the period fiscal | 61201 |
| year 1994 through fiscal year 1998 with annualized FTEs for fiscal | 61202 |
| years 1994 through 1997 and all-term FTEs for fiscal year 1998 as | 61203 |
| adjusted to reflect the effects of doctoral review and subsequent | 61204 |
| changes in Doctoral I equivalent enrollments. For the purposes of | 61205 |
| this calculation, Doctoral I equivalent FTEs shall equal the sum | 61206 |
| of Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs. | 61207 |
| If a university participates in the Innovation Incentive | 61208 |
| Program outlined in appropriation item 235-433, Economic Growth | 61209 |
| Challenge, in fiscal year 2008 the Board of Regents shall withhold | 61210 |
| the university's increasing matching share required by the | 61211 |
| Innovation Incentive Program from its allocation of the doctoral | 61212 |
| set-aside. | 61213 |
| The Board of Regents shall use the combined amount of each | 61214 |
| participating state-assisted university's set aside of the | 61215 |
| doctoral reserve that has been withheld, the state matching funds | 61216 |
| earmarked under appropriation item 235-433, Economic Growth | 61217 |
| Challenge, and the amount set aside by each accredited Ohio | 61218 |
| institution of higher education holding a certificate of | 61219 |
| authorization under section 1713.02 of the Revised Code electing | 61220 |
| to participate in the Innovation Incentive Program to make awards | 61221 |
| through a competitive process under the Innovation Incentive | 61222 |
| Program. Only universities electing to set aside the prescribed | 61223 |
| amount shall be eligible to compete for and receive Innovation | 61224 |
| Incentive awards. The participating universities shall use these | 61225 |
| awards to restructure their array of doctoral programs. | 61226 |
| (2) Each campus's state share of instruction base formula | 61227 |
| earnings shall be determined as follows: | 61228 |
| (a) For each campus in each fiscal year, the instructional | 61229 |
| costs shall be determined by multiplying the amounts listed above | 61230 |
| in divisions (B) and (C) of this section by (i) average | 61231 |
| subsidy-eligible FTEs for the two-year period ending in the prior | 61232 |
| year for all models except Doctoral I and Doctoral II; and (ii) | 61233 |
| average subsidy-eligible FTEs for the five-year period ending in | 61234 |
| the prior year for all models except Doctoral I and Doctoral II. | 61235 |
| (b) The Board of Regents shall compute the two calculations | 61236 |
| listed in division (D)(2)(a) of this section and use the greater | 61237 |
| amount as each campus's instructional costs. | 61238 |
| (c) The Board of Regents shall compute a uniform state share | 61239 |
| of instructional costs by dividing the appropriations for 235-501, | 61240 |
| State Share of Instruction, less the doctoral set-aside calculated | 61241 |
| in division (D)(1) of this section, by the sum of all campuses' | 61242 |
| instructional costs as calculated in division (D)(2)(b) of this | 61243 |
| section. | 61244 |
| (d) The formula entitlement for each campus shall be | 61245 |
| determined by multiplying the uniform state share of costs | 61246 |
| calculated in division (D)(2)(c) of this section by the campus's | 61247 |
| instructional cost determined in division (D)(2)(b) of this | 61248 |
| section. | 61249 |
| (3) In addition to the doctoral set-aside allocation | 61250 |
| determined in division (D)(1) of this section and the formula | 61251 |
| entitlement determined in division (D)(2) of this section, an | 61252 |
| allocation based on fiscal year 2007 facility-based plant | 61253 |
| operations and maintenance (POM) subsidy shall be made. No campus | 61254 |
| shall be eligible for a POM allocation if the campus did not | 61255 |
| receive a net-assignable-square-foot-based (NASF) POM allocation | 61256 |
| in fiscal year 2007 and the amount of state share of instruction | 61257 |
| subsidy the campus would have received in fiscal year 2007 had the | 61258 |
| campus's calculation been based on the state share of instruction | 61259 |
| method described in this section, but using relevant fiscal year | 61260 |
| 2007 data, is less than 98.5% of the campus's actual final fiscal | 61261 |
| year 2007 state share of instruction earnings. | 61262 |
| For each eligible campus, the amount of the POM allocation in | 61263 |
| each fiscal year shall be the lesser of: | 61264 |
| (a) 98.5% of the campus's actual final fiscal year 2007 state | 61265 |
| share of instruction earnings, minus the amount the campus would | 61266 |
| have received in fiscal year 2007 had the campus's calculation | 61267 |
| been based on the state share of instruction method described in | 61268 |
| this section, but using relevant fiscal year 2007 data; or | 61269 |
| (b) The actual final fiscal year 2007 | 61270 |
| net-assignable-square-foot-based (NASF) POM allocation that was | 61271 |
| provided to the campus. | 61272 |
| Any POM allocations required by this division shall be funded | 61273 |
| by proportionately reducing formula entitlement earnings, | 61274 |
| including the POM allocations, for all campuses. | 61275 |
| The Board of Regents, in consultation with representatives of | 61276 |
| state-assisted colleges and universities, shall study the need for | 61277 |
| the facility-based POM allocations and make recommendations for | 61278 |
| changes by June 30, 2008. | 61279 |
| (4) ANNUAL STATE SHARE OF INSTRUCTION FUNDING GUARANTEE | 61280 |
| In addition to and after the other adjustment noted above, in | 61281 |
| each fiscal year, no campus shall receive a state share of | 61282 |
| instruction allocation that is less than 100 per cent of the prior | 61283 |
| year's state share of instruction amount. Funds shall be made | 61284 |
| available to fund this guarantee provision by recalculating the | 61285 |
| uniform state share as described in division (D)(2)(c) of this | 61286 |
| section by subtracting guarantee funds and the doctoral set-aside | 61287 |
| from the total appropriations for appropriation item 235-501, | 61288 |
| State Share of Instruction. | 61289 |
| (5) CAPITAL COMPONENT DEDUCTION | 61290 |
| After all other adjustments have been made, state share of | 61291 |
| instruction earnings shall be reduced for each campus by the | 61292 |
| amount, if any, by which debt service charged in Am. H.B. 748 of | 61293 |
| the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General | 61294 |
| Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B. | 61295 |
| 675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th | 61296 |
| General Assembly, and Am. Sub. H.B. 699 of the 126th General | 61297 |
| Assembly for that campus exceeds that campus's capital component | 61298 |
| earnings. The sum of the amounts deducted shall be transferred to | 61299 |
| appropriation item 235-552, Capital Component, in each fiscal | 61300 |
| year. | 61301 |
| (E) EXCEPTIONAL CIRCUMSTANCES | 61302 |
| Adjustments may be made to the state share of instruction | 61303 |
| payments and other subsidies distributed by the Board of Regents | 61304 |
| to state-assisted colleges and universities for exceptional | 61305 |
| circumstances. No adjustments for exceptional circumstances may be | 61306 |
| made without the recommendation of the Chancellor and the approval | 61307 |
| of the Controlling Board. | 61308 |
| (F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF | 61309 |
| INSTRUCTION | 61310 |
| The standard provisions of the state share of instruction | 61311 |
| calculation as described in the preceding sections of temporary | 61312 |
| law shall apply to any reductions made to appropriation item | 61313 |
| 235-501, State Share of Instruction, before the Board of Regents | 61314 |
| has formally approved the final allocation of the state share of | 61315 |
| instruction funds for any fiscal year. | 61316 |
| Any reductions made to appropriation item 235-501, State | 61317 |
| Share of Instruction, after the Board of Regents has formally | 61318 |
| approved the final allocation of the state share of instruction | 61319 |
| funds for any fiscal year, shall be uniformly applied to each | 61320 |
| campus in proportion to its share of the final allocation. | 61321 |
| (G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION | 61322 |
| The state share of instruction payments to the institutions | 61323 |
| shall be in substantially equal monthly amounts during the fiscal | 61324 |
| year, unless otherwise determined by the Director of Budget and | 61325 |
| Management pursuant to section 126.09 of the Revised Code. | 61326 |
| Payments during the first six months of the fiscal year shall be | 61327 |
| based upon the state share of instruction appropriation estimates | 61328 |
| made for the various institutions of higher education according to | 61329 |
| Board of Regents enrollment estimates. Payments during the last | 61330 |
| six months of the fiscal year shall be distributed after approval | 61331 |
| of the Controlling Board upon the request of the Board of Regents. | 61332 |
| Section 375.30.25. STATE SHARE OF INSTRUCTION FOR FISCAL | 61333 |
| YEARS 2008 AND 2009 | 61334 |
| (A) The boards of trustees of institutions of state-supported | 61335 |
| higher education shall restrain increases in in-state | 61336 |
| undergraduate instructional and general fees. For the 2007-2008 | 61337 |
| academic year, each state-supported institution shall not increase | 61338 |
| its in-state undergraduate instructional and general fees by more | 61339 |
| than three per cent over what the institution charged for the | 61340 |
| 2006-2007 academic year. For the 2008-2009 academic year, each | 61341 |
| state-supported institution shall not increase its in-state | 61342 |
| undergraduate instructional and general fees over what the | 61343 |
| institution charged for the 2007-2008 academic year. | 61344 |
| These limitations shall not apply to increases required to | 61345 |
| comply with institutional covenants related to their obligations | 61346 |
| or to meet unfunded legal mandates or legally binding obligations | 61347 |
| incurred or commitments made prior to the effective date of this | 61348 |
| section with respect to which the institution had identified such | 61349 |
| fee increases as the source of funds. Any increase required by | 61350 |
| such covenants and any such mandates, obligations, or commitments | 61351 |
| shall be reported by the Board of Regents to the Controlling | 61352 |
| Board. These limitations may also be modified by the Board of | 61353 |
| Regents, with the approval of the Controlling Board, to respond to | 61354 |
| exceptional circumstances as identified by the Board of Regents. | 61355 |
| (B)(1) Notwithstanding the distribution formulas outlined in | 61356 |
| Section 375.30.20 of this act, in fiscal year 2008 each | 61357 |
| state-supported institution shall receive what was received in | 61358 |
| fiscal year 2007. In addition, each institution shall receive a | 61359 |
| proportional share of the total appropriation increase from fiscal | 61360 |
| year 2007 to fiscal year 2008 in appropriation item 235-501, State | 61361 |
| Share of Instruction, if the institution demonstrates one per cent | 61362 |
| savings through identified internal efficiencies in fiscal year | 61363 |
| 2008, as certified by the Chancellor of the Board of Regents. | 61364 |
| Notwithstanding the distribution formulas outlined in Section | 61365 |
| 375.30.20 of this act, in fiscal year 2009 each state-supported | 61366 |
| institution shall receive what was received in fiscal year 2008. | 61367 |
| In addition, each institution shall receive a proportional share | 61368 |
| of the total appropriation increase from fiscal year 2008 to | 61369 |
| fiscal year 2009 in appropriation item 235-501, State Share of | 61370 |
| Instruction, if the institution demonstrates three per cent | 61371 |
| savings through identified internal efficiencies in fiscal year | 61372 |
| 2009, as certified by the Chancellor of the Board of Regents. | 61373 |
| (2) In each fiscal year, state share of instruction earnings | 61374 |
| shall be reduced for each campus by the amount, if any, by which | 61375 |
| debt service charged in Am. H.B. 748 of the 121st General | 61376 |
| Assembly, Am. Sub. H.B. 850 of the 122nd General Assembly, Am. | 61377 |
| Sub. H.B. 640 of the 123rd General Assembly, H.B. 675 of the 124th | 61378 |
| General Assembly, Am. Sub. H.B. 16 of the 126th General Assembly, | 61379 |
| and Am. Sub. H.B. 699 of the 126th General Assembly for that | 61380 |
| campus exceeds that campus's capital component earnings. The sum | 61381 |
| of the amounts deducted shall be transferred to appropriation item | 61382 |
| 235-552, Capital Component, in each fiscal year. | 61383 |
| Adjustments may be made to the state share of instruction | 61384 |
| payments and other subsidies distributed by the Board of Regents | 61385 |
| to state-assisted colleges and universities for exceptional | 61386 |
| circumstances. No adjustments for exceptional circumstances may be | 61387 |
| made without the recommendation of the Board of Regents and the | 61388 |
| approval of the Controlling Board. | 61389 |
| Any reductions made to appropriation item 235-501, State | 61390 |
| Share of Instruction, shall be uniformly applied to each campus in | 61391 |
| proportion to its share of the allocation. | 61392 |
| The state share of instruction payments to the institutions | 61393 |
| shall be in substantially equal monthly amounts during the fiscal | 61394 |
| year, unless otherwise determined by the Director of Budget and | 61395 |
| Management pursuant to section 126.09 of the Revised Code. | 61396 |
| Payments during the last six months of the fiscal year shall be | 61397 |
| distributed after approval of the Controlling Board upon the | 61398 |
| request of the Board of Regents. | 61399 |
| (C) In consultation with the Department of Development, the | 61400 |
| Chancellor of the Board of Regents shall commission a study on the | 61401 |
| needs of the business community relative to higher education in | 61402 |
| the state. The study shall include all of the following: | 61403 |
| (1) Determine the needs of Ohio's business community; | 61404 |
| (2) Determine whether state-supported institutions of higher | 61405 |
| education are meeting those needs; | 61406 |
| (3) Identify how state-supported institutions of higher | 61407 |
| education can improve to meet those needs; | 61408 |
| (4) Identify the necessary skills and talents required by the | 61409 |
| business community that Ohio's college graduates must have in | 61410 |
| order to perform in the workplace; and | 61411 |
| (5) Make any necessary recommendations as to how | 61412 |
| state-supported institutions of higher education can better meet | 61413 |
| the needs of the business community. | 61414 |
| Not later than December 31, 2007, the Chancellor of the Board | 61415 |
| of Regents shall report the findings of the study to the Governor, | 61416 |
| the Speaker and the Minority Leader of the House of | 61417 |
| Representatives, and the President and the Minority Leader of the | 61418 |
| Senate. | 61419 |
| (D) In consultation with state-supported institutions of | 61420 |
| higher education, the Chancellor of the Board of Regents shall | 61421 |
| develop a plan that includes all of the following: | 61422 |
| (1) A plan to achieve the access goal of increasing the | 61423 |
| number of Ohioans with a college degree by 230,000 by 2017; | 61424 |
| (2) A plan to achieve the success goal of increasing the | 61425 |
| graduation rate of those who first enroll in college on or after | 61426 |
| the effective date of this section by twenty per cent by 2017; | 61427 |
| (3) A plan to achieve affordability through tuition restraint | 61428 |
| and additional state support for higher education; such a plan | 61429 |
| shall include goals for establishing and implementing funding | 61430 |
| policies that provide for sufficient state funding support to | 61431 |
| reach tuition that matches or is lower than the national average | 61432 |
| and state support that matches or exceeds the national average; | 61433 |
| (4) A plan to enhance the state's competitiveness for | 61434 |
| attracting federal and other support for research and development | 61435 |
| at public research universities; such a plan shall include goals | 61436 |
| for reaching or exceeding the national average level of support, | 61437 |
| on a per capita basis, for research and development; | 61438 |
| (5) A plan to promote higher education throughout the state | 61439 |
| through the coordinated leadership efforts of the Governor, the | 61440 |
| Chancellor of the Board of Regents, and other stakeholders; such a | 61441 |
| plan shall include goals for using various media and other | 61442 |
| partnerships to raise awareness of college opportunities, to | 61443 |
| increase public awareness about the value of a college education, | 61444 |
| and to create a shared vision that a higher education is | 61445 |
| attainable by all Ohioans. | 61446 |
| Each of these plans shall include key outcome measures and | 61447 |
| other appropriate indicators to allow for monitoring of progress | 61448 |
| made in meeting the established goals. Each state-supported | 61449 |
| institution of higher education shall provide any student and | 61450 |
| institutional outcome data in any program areas requested by the | 61451 |
| Chancellor of the Board of Regents, including program efficiency | 61452 |
| and utilization of state resources. Each state-supported | 61453 |
| institution of higher education shall also commit to increasing | 61454 |
| inter-institution collaborations and partnerships and enhancing | 61455 |
| efficiencies with the goal of achieving measurable increases in | 61456 |
| savings. | 61457 |
| In consultation with state-supported institutions of higher | 61458 |
| education, the Chancellor of the Board of Regents shall study the | 61459 |
| feasibility of establishing and implementing a tuition flexibility | 61460 |
| plan that may allow state-supported institutions of higher | 61461 |
| education to charge per-credit-hour-based tuition or differential | 61462 |
| tuition. | 61463 |
| Not later than December 31, 2007, the Chancellor of the Board | 61464 |
| of Regents shall report the plan and the tuition flexibility | 61465 |
| feasibility study to the Governor, the Speaker and the Minority | 61466 |
| Leader of the House of Representatives, and the President and the | 61467 |
| Minority Leader of the Senate. | 61468 |
| Section 375.30.30. HIGHER EDUCATION - BOARD OF TRUSTEES | 61469 |
| Funds appropriated for instructional subsidies at colleges | 61470 |
| and universities may be used to provide such branch or other | 61471 |
| off-campus undergraduate courses of study and such master's degree | 61472 |
| courses of study as may be approved by the Board of Regents. | 61473 |
| In providing instructional and other services to students, | 61474 |
| boards of trustees of state-assisted institutions of higher | 61475 |
| education shall supplement state subsidies by income from charges | 61476 |
| to students. Each board shall establish the fees to be charged to | 61477 |
| all students, including an instructional fee for educational and | 61478 |
| associated operational support of the institution and a general | 61479 |
| fee for noninstructional services, including locally financed | 61480 |
| student services facilities used for the benefit of enrolled | 61481 |
| students. The instructional fee and the general fee shall | 61482 |
| encompass all charges for services assessed uniformly to all | 61483 |
| enrolled students. Each board may also establish special purpose | 61484 |
| fees, service charges, and fines as required; such special purpose | 61485 |
| fees and service charges shall be for services or benefits | 61486 |
| furnished individual students or specific categories of students | 61487 |
| and shall not be applied uniformly to all enrolled students. | 61488 |
| Except for the board of trustees of Miami University, in | 61489 |
| implementing the pilot tuition restructuring plan recognized in | 61490 |
| Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly | 61491 |
| and again recognized by this act, a tuition surcharge shall be | 61492 |
| paid by all students who are not residents of Ohio. | 61493 |
| The board of trustees of a state-assisted institution of | 61494 |
| higher education shall not authorize a waiver or nonpayment of | 61495 |
| instructional fees or general fees for any particular student or | 61496 |
| any class of students other than waivers specifically authorized | 61497 |
| by law or approved by the Chancellor. This prohibition is not | 61498 |
| intended to limit the authority of boards of trustees to provide | 61499 |
| for payments to students for services rendered the institution, | 61500 |
| nor to prohibit the budgeting of income for staff benefits or for | 61501 |
| student assistance in the form of payment of such instructional | 61502 |
| and general fees. This prohibition is not intended to limit the | 61503 |
| authority of the board of trustees of Miami University in | 61504 |
| providing financial assistance to students in implementing the | 61505 |
| pilot tuition restructuring plan recognized in Section 89.05 of | 61506 |
| Am. Sub. H.B. 95 of the 125th General Assembly and again | 61507 |
| recognized by this act. | 61508 |
| Except for Miami University, in implementing the pilot | 61509 |
| tuition restructuring plan recognized in Section 89.05 of Am. Sub. | 61510 |
| H.B. 95 of the 125th General Assembly and again recognized by this | 61511 |
| act, each state-assisted institution of higher education in its | 61512 |
| statement of charges to students shall separately identify the | 61513 |
| instructional fee, the general fee, the tuition charge, and the | 61514 |
| tuition surcharge. Fee charges to students for instruction shall | 61515 |
| not be considered to be a price of service but shall be considered | 61516 |
| to be an integral part of the state government financing program | 61517 |
| in support of higher educational opportunity for students. | 61518 |
| The board of trustees of state-assisted institutions of | 61519 |
| higher education shall ensure that faculty members devote a proper | 61520 |
| and judicious part of their work week to the actual instruction of | 61521 |
| students. Total class credit hours of production per quarter per | 61522 |
| full-time faculty member is expected to meet the standards set | 61523 |
| forth in the budget data submitted by the Board of Regents. | 61524 |
| The authority of government vested by law in the boards of | 61525 |
| trustees of state-assisted institutions of higher education shall | 61526 |
| in fact be exercised by those boards. Boards of trustees may | 61527 |
| consult extensively with appropriate student and faculty groups. | 61528 |
| Administrative decisions about the utilization of available | 61529 |
| resources, about organizational structure, about disciplinary | 61530 |
| procedure, about the operation and staffing of all auxiliary | 61531 |
| facilities, and about administrative personnel shall be the | 61532 |
| exclusive prerogative of boards of trustees. Any delegation of | 61533 |
| authority by a board of trustees in other areas of responsibility | 61534 |
| shall be accompanied by appropriate standards of guidance | 61535 |
| concerning expected objectives in the exercise of such delegated | 61536 |
| authority and shall be accompanied by periodic review of the | 61537 |
| exercise of this delegated authority to the end that the public | 61538 |
| interest, in contrast to any institutional or special interest, | 61539 |
| shall be served. | 61540 |
| Section 375.30.40. STUDENT SUPPORT SERVICES | 61541 |
| The foregoing appropriation item 235-502, Student Support | 61542 |
| Services, shall be distributed by the Board of Regents to Ohio's | 61543 |
| state-assisted colleges and universities that incur | 61544 |
| disproportionate costs in the provision of support services to | 61545 |
| disabled students. | 61546 |
| Section 375.30.50. OHIO INSTRUCTIONAL GRANTS | 61547 |
| In each fiscal year, instructional grants for all eligible | 61548 |
| full-time students who have attended a college, university, or | 61549 |
| proprietary school and have completed coursework for college | 61550 |
| credit, excluding early college high school and post-secondary | 61551 |
| enrollment option students, prior to academic year 2006-2007, | 61552 |
| shall be made using the tables under section 3333.12 of the | 61553 |
| Revised Code. | 61554 |
| Of the foregoing appropriation item 235-503, Ohio | 61555 |
| Instructional Grants, an amount in each fiscal year shall be used | 61556 |
| to make the payments authorized by division (C) of section 3333.26 | 61557 |
| of the Revised Code to the institutions described in that | 61558 |
| division. In addition, an amount in each fiscal year shall be used | 61559 |
| to reimburse the institutions described in division (B) of section | 61560 |
| 3333.26 of the Revised Code for the cost of the waivers required | 61561 |
| by that division. | 61562 |
| The unencumbered balance of appropriation item 235-503, Ohio | 61563 |
| Instructional Grants, at the end of fiscal year 2008 shall be | 61564 |
| transferred to fiscal year 2009 for use under the same | 61565 |
| appropriation item. The amounts transferred are hereby | 61566 |
| appropriated. | 61567 |
| Section 375.30.60. WAR ORPHANS SCHOLARSHIPS | 61568 |
| The foregoing appropriation item 235-504, War Orphans | 61569 |
| Scholarships, shall be used to reimburse state-assisted | 61570 |
| institutions of higher education for waivers of instructional fees | 61571 |
| and general fees provided by them, to provide grants to | 61572 |
| institutions that have received a certificate of authorization | 61573 |
| from the Ohio Board of Regents under Chapter 1713. of the Revised | 61574 |
| Code, in accordance with the provisions of section 5910.04 of the | 61575 |
| Revised Code, and to fund additional scholarship benefits provided | 61576 |
| by section 5910.032 of the Revised Code. | 61577 |
| Section 375.30.70. OHIOLINK | 61578 |
| The foregoing appropriation item 235-507, OhioLINK, shall be | 61579 |
| used by the Board of Regents to support OhioLINK, the state's | 61580 |
| electronic library information and retrieval system, which | 61581 |
| provides access statewide to an extensive set of electronic | 61582 |
| databases and resources and the library holdings of all of Ohio's | 61583 |
| public colleges and universities, 44 private colleges, and the | 61584 |
| State Library of Ohio. | 61585 |
| Section 375.30.80. AIR FORCE INSTITUTE OF TECHNOLOGY | 61586 |
| The foregoing appropriation item 235-508, Air Force Institute | 61587 |
| of Technology, shall be used to strengthen the research and | 61588 |
| educational linkages between the Wright Patterson Air Force Base | 61589 |
| and institutions of higher education in Ohio. Of the foregoing | 61590 |
| appropriation item 235-508, Air Force Institute of Technology, | 61591 |
| $1,233,588 in each fiscal year shall be used for research projects | 61592 |
| that connect the Air Force Research Laboratories with university | 61593 |
| partners. The institute shall provide annual reports to the Third | 61594 |
| Frontier Commission, that discuss existing, planned, or possible | 61595 |
| collaborations between programs and funding recipients related to | 61596 |
| technology, research development, commercialization, and support | 61597 |
| for Ohio's economic development. | 61598 |
| Of the foregoing appropriation item 235-508, Air Force | 61599 |
| Institute of Technology, $691,757 in each fiscal year shall be | 61600 |
| used to match federal dollars to support technology | 61601 |
| commercialization and job creation. The Development Research | 61602 |
| Corporation shall use the funds to create or expand Ohio-based | 61603 |
| technology and commercial development collaborations in areas that | 61604 |
| are a priority in Ohio's third frontier initiative between | 61605 |
| industry, academia, and government. | 61606 |
| Section 375.30.90. OHIO SUPERCOMPUTER CENTER | 61607 |
| The foregoing appropriation item 235-510, Ohio Supercomputer | 61608 |
| Center, shall be used by the Board of Regents to support the | 61609 |
| operation of the Ohio Super Computer Center, located at The Ohio | 61610 |
| State University, as a statewide resource available to Ohio | 61611 |
| research universities both public and private. It is also intended | 61612 |
| that the center be made accessible to private industry as | 61613 |
| appropriate. Policies of the center shall be established by a | 61614 |
| governance committee, representative of Ohio's research | 61615 |
| universities and private industry, to be appointed by the | 61616 |
| Chancellor of the Board of Regents and established for this | 61617 |
| purpose. | 61618 |
| Funds shall be used, in part, to support the Ohio | 61619 |
| Supercomputer Center's Computational Science Initiative which | 61620 |
| includes its industrial outreach program, Blue Collar Computing, | 61621 |
| and its School of Computational Science. These collaborations | 61622 |
| between the Ohio Supercomputer Center and Ohio's colleges and | 61623 |
| universities shall be aimed at making Ohio a leader in using | 61624 |
| computer modeling to promote economic development. | 61625 |
| Of the foregoing appropriation item 235-510, Ohio | 61626 |
| Supercomputer Center, $250,000 in each fiscal year shall be used | 61627 |
| to support the Super Computer Center's activities in Beavercreek. | 61628 |
| Section 375.40.10. COOPERATIVE EXTENSION SERVICE | 61629 |
| The foregoing appropriation item 235-511, Cooperative | 61630 |
| Extension Service, shall be disbursed through the Board of Regents | 61631 |
| to The Ohio State University in monthly payments, unless otherwise | 61632 |
| determined by the Director of Budget and Management under section | 61633 |
| 126.09 of the Revised Code. | 61634 |
| Of the foregoing appropriation item 235-511, Cooperative | 61635 |
| Extension Service, $178,271 in each fiscal year shall be used for | 61636 |
| additional staffing for county agents for expanded 4-H activities. | 61637 |
| Of the foregoing appropriation item 235-511, Cooperative Extension | 61638 |
| Service, $178,271 in each fiscal year shall be used by the | 61639 |
| Cooperative Extension Service, through the Enterprise Center for | 61640 |
| Economic Development in cooperation with other agencies, for a | 61641 |
| public-private effort to create and operate a small business | 61642 |
| economic development program to enhance the development of | 61643 |
| alternatives to the growing of tobacco, and implement, through | 61644 |
| applied research and demonstration, the production and marketing | 61645 |
| of other high-value crops and value-added products. Of the | 61646 |
| foregoing appropriation item 235-511, Cooperative Extension | 61647 |
| Service, $55,179 in each fiscal year shall be used for farm labor | 61648 |
| mediation and education programs, $182,515 in each fiscal year | 61649 |
| shall be used to support the Ohio State University Marion | 61650 |
| Enterprise Center, and $772,931 in each fiscal year shall be used | 61651 |
| to support the Ohio Watersheds Initiative. | 61652 |
| Section 375.40.20. OHIO UNIVERSITY VOINOVICH CENTER | 61653 |
| The foregoing appropriation item 235-513, Ohio University | 61654 |
| Voinovich Center, shall be used by the Board of Regents to support | 61655 |
| the operations of Ohio University's Voinovich Center. | 61656 |
| Section 375.40.30. PERFORMANCE STANDARDS FOR MEDICAL | 61657 |
| EDUCATION | 61658 |
| The Board of Regents, in consultation with the state-assisted | 61659 |
| medical colleges, shall develop performance standards for medical | 61660 |
| education. Special emphasis in the standards shall be placed on | 61661 |
| attempting to ensure that at least 50 per cent of the aggregate | 61662 |
| number of students enrolled in state-assisted medical colleges | 61663 |
| continue to enter residency as primary care physicians. Primary | 61664 |
| care physicians are general family practice physicians, general | 61665 |
| internal medicine practitioners, and general pediatric care | 61666 |
| physicians. The Board of Regents shall monitor medical school | 61667 |
| performance in relation to their plans for reaching the 50 per | 61668 |
| cent systemwide standard for primary care physicians. | 61669 |
| Section 375.40.35. CENTRAL STATE SUPPLEMENT | 61670 |
| The foregoing appropriation item 235-514, Central State | 61671 |
| Supplement, shall be used by Central State University to keep | 61672 |
| undergraduate fees below the statewide average, consistent with | 61673 |
| its mission of service to many first-generation college students | 61674 |
| from groups historically underrepresented in higher education and | 61675 |
| from families with limited incomes. | 61676 |
| Section 375.40.40. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF | 61677 |
| MEDICINE | 61678 |
| The foregoing appropriation item 235-515, Case Western | 61679 |
| Reserve University School of Medicine, shall be disbursed to Case | 61680 |
| Western Reserve University through the Board of Regents in | 61681 |
| accordance with agreements entered into under section 3333.10 of | 61682 |
| the Revised Code, provided that the state support per full-time | 61683 |
| medical student shall not exceed that provided to full-time | 61684 |
| medical students at state universities. | 61685 |
| Section 375.40.50. CAPITOL SCHOLARSHIP PROGRAM | 61686 |
| The foregoing appropriation item 235-518, Capitol Scholarship | 61687 |
| Program, shall be used by the Board of Regents to provide | 61688 |
| scholarships to undergraduates of Ohio's four-year public and | 61689 |
| private institutions of higher education participating in the | 61690 |
| Washington Center Internship Program. A scholarship of $1,800 | 61691 |
| shall be awarded to students enrolled in an institution operating | 61692 |
| on a quarter system, and a scholarship of $2,300 shall be awarded | 61693 |
| to students enrolled in an institution operating on a semester | 61694 |
| system. The number of scholarships awarded shall be limited by the | 61695 |
| amounts appropriated in fiscal years 2008 and 2009. The Washington | 61696 |
| Center shall provide a minimum of $1,300 per student in matching | 61697 |
| scholarships. | 61698 |
| Section 375.40.60. FAMILY PRACTICE | 61699 |
| The Board of Regents shall develop plans consistent with | 61700 |
| existing criteria and guidelines as may be required for the | 61701 |
| distribution of appropriation item 235-519, Family Practice. | 61702 |
| Section 375.40.70. SHAWNEE STATE SUPPLEMENT | 61703 |
| The foregoing appropriation item 235-520, Shawnee State | 61704 |
| Supplement, shall be used by Shawnee State University as detailed | 61705 |
| by both of the following: | 61706 |
| (A) To allow Shawnee State University to keep its | 61707 |
| undergraduate fees below the statewide average, consistent with | 61708 |
| its mission of service to an economically depressed Appalachian | 61709 |
| region; | 61710 |
| (B) To allow Shawnee State University to employ new faculty | 61711 |
| to develop and teach in new degree programs that meet the needs of | 61712 |
| Appalachians. | 61713 |
| Shawnee State University shall produce a projection of | 61714 |
| in-state undergraduate tuition costs for a four-year period of | 61715 |
| study not later than June 30, 2008. In fiscal year 2009, the | 61716 |
| disbursement of these funds shall be contingent upon Shawnee State | 61717 |
| University producing the required tuition cost projection. Shawnee | 61718 |
| State University shall make every effort to restrain future | 61719 |
| in-state undergraduate tuition increases to stay within those | 61720 |
| projected amounts. | 61721 |
| Section 375.40.80. OSU GLENN INSTITUTE | 61722 |
| The foregoing appropriation item 235-521, The Ohio State | 61723 |
| University Glenn Institute, shall be used by the Board of Regents | 61724 |
| to support the operations of the Ohio State University's Glenn | 61725 |
| Institute. | 61726 |
| Section 375.40.90. POLICE AND FIRE PROTECTION | 61727 |
| The foregoing appropriation item 235-524, Police and Fire | 61728 |
| Protection, shall be used for police and fire services in the | 61729 |
| municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green, | 61730 |
| Portsmouth, Xenia Township (Greene County), Rootstown Township, | 61731 |
| and the City of Nelsonville that may be used to assist these local | 61732 |
| governments in providing police and fire protection for the | 61733 |
| central campus of the state-affiliated university located therein. | 61734 |
| Each participating municipality and township shall receive at | 61735 |
| least $5,000 in each fiscal year. Funds shall be distributed | 61736 |
| according to the method employed by the Board of Regents in the | 61737 |
| previous biennium. | 61738 |
| Section 375.50.10. GERIATRIC MEDICINE | 61739 |
| The Board of Regents shall develop plans consistent with | 61740 |
| existing criteria and guidelines as may be required for the | 61741 |
| distribution of appropriation item 235-525, Geriatric Medicine. | 61742 |
| Section 375.50.20. PRIMARY CARE RESIDENCIES | 61743 |
| The Board of Regents shall develop plans consistent with | 61744 |
| existing criteria and guidelines as may be required for the | 61745 |
| distribution of appropriation item 235-526, Primary Care | 61746 |
| Residencies. | 61747 |
| The foregoing appropriation item 235-526, Primary Care | 61748 |
| Residencies, shall be distributed in each fiscal year of the | 61749 |
| biennium, based on whether or not the institution has submitted | 61750 |
| and gained approval for a plan. If the institution does not have | 61751 |
| an approved plan, it shall receive five per cent less funding per | 61752 |
| student than it would have received from its annual allocation. | 61753 |
| The remaining funding shall be distributed among those | 61754 |
| institutions that meet or exceed their targets. | 61755 |
| Section 375.50.30. OHIO AEROSPACE INSTITUTE | 61756 |
| The foregoing appropriation item 235-527, Ohio Aerospace | 61757 |
| Institute, shall be distributed by the Board of Regents under | 61758 |
| section 3333.042 of the Revised Code. | 61759 |
| The Board of Regents, in consultation with the Third Frontier | 61760 |
| Commission, shall develop a plan for providing for appropriate, | 61761 |
| value-added participation of the Ohio Aerospace Institute in Third | 61762 |
| Frontier Project proposals and grants. | 61763 |
| Section 375.50.40. ACADEMIC SCHOLARSHIPS | 61764 |
| The foregoing appropriation item 235-530, Academic | 61765 |
| Scholarships, shall be used to provide academic scholarships to | 61766 |
| students under section 3333.22 of the Revised Code. | 61767 |
| Section 375.50.50. STUDENT CHOICE GRANTS | 61768 |
| The foregoing appropriation item 235-531, Student Choice | 61769 |
| Grants, shall be used to provide Student Choice Grants under | 61770 |
| section 3333.27 of the Revised Code, except that in each fiscal | 61771 |
| year, the Board of Regents shall make a Student Choice Grant under | 61772 |
| that section only to a student who has a family income, as defined | 61773 |
| by the Board for purposes of section 3333.122 of the Revised Code, | 61774 |
| of $95,000 or less. | 61775 |
| Section 375.50.60. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT | 61776 |
| CENTER | 61777 |
| The foregoing appropriation item 235-535, Ohio Agricultural | 61778 |
| Research and Development Center, shall be disbursed through the | 61779 |
| Board of Regents to The Ohio State University in monthly payments, | 61780 |
| unless otherwise determined by the Director of Budget and | 61781 |
| Management under section 126.09 of the Revised Code. The Ohio | 61782 |
| Agricultural Research and Development Center shall not be required | 61783 |
| to remit payment to The Ohio State University during the biennium | 61784 |
| ending June 30, 2009, for cost reallocation assessments. The cost | 61785 |
| reallocation assessments include, but are not limited to, any | 61786 |
| assessment on state appropriations to the Center. | 61787 |
| The Ohio Agricultural Research and Development Center, an | 61788 |
| entity of the College of Food, Agricultural, and Environmental | 61789 |
| Sciences of The Ohio State University, shall further its mission | 61790 |
| of enhancing Ohio's economic development and job creation by | 61791 |
| continuing to internally allocate on a competitive basis | 61792 |
| appropriated funding of programs based on demonstrated | 61793 |
| performance. Academic units, faculty, and faculty-driven programs | 61794 |
| shall be evaluated and rewarded consistent with agreed-upon | 61795 |
| performance expectations as called for in the College's | 61796 |
| Expectations and Criteria for Performance Assessment. | 61797 |
| Of the foregoing appropriation item 235-535, Ohio | 61798 |
| Agricultural Research and Development Center, $467,578 in each | 61799 |
| fiscal year shall be used to purchase equipment. | 61800 |
| Of the foregoing appropriation item 235-535, Ohio | 61801 |
| Agricultural Research and Development Center, $822,592 in each | 61802 |
| fiscal year shall be distributed to the Piketon Agricultural | 61803 |
| Research and Extension Center. | 61804 |
| Of the foregoing appropriation item 235-535, Ohio | 61805 |
| Agricultural Research and Development Center, $216,471 in each | 61806 |
| fiscal year shall be distributed to the | 61807 |
| Raspberry/Strawberry-Ellagic Acid Research program at The Ohio | 61808 |
| State University Medical College in cooperation with The Ohio | 61809 |
| State University College of Agriculture. | 61810 |
| Of the foregoing appropriation item 235-535, Ohio | 61811 |
| Agricultural Research and Development Center, $43,294 in each | 61812 |
| fiscal year shall be used to support the Ohio Berry Administrator. | 61813 |
| Of the foregoing appropriation item 235-535, Ohio | 61814 |
| Agricultural Research and Development Center, $86,588 in each | 61815 |
| fiscal year shall be used for the development of agricultural | 61816 |
| crops and products not currently in widespread production in Ohio, | 61817 |
| in order to increase the income and viability of family farmers. | 61818 |
| Of the foregoing appropriation item 235-535, Ohio | 61819 |
| Agricultural Research and Development Center, $127,500 in each | 61820 |
| fiscal year shall be distributed to Wilmington College for the | 61821 |
| commercialization of agricultural products. | 61822 |
| Section 375.50.70. STATE UNIVERSITY CLINICAL TEACHING | 61823 |
| The foregoing appropriation items 235-536, The Ohio State | 61824 |
| University Clinical Teaching; 235-537, University of Cincinnati | 61825 |
| Clinical Teaching; 235-538, University of Toledo Clinical | 61826 |
| Teaching; 235-539, Wright State University Clinical Teaching; | 61827 |
| 235-540, Ohio University Clinical Teaching; and 235-541, | 61828 |
| Northeastern Ohio Universities College of Medicine Clinical | 61829 |
| Teaching, shall be distributed through the Board of Regents. | 61830 |
| Of the foregoing appropriation item 235-539, Wright State | 61831 |
| University Clinical Teaching, $124,644 in each fiscal year of the | 61832 |
| biennium shall be for the use of Wright State University's Ellis | 61833 |
| Institute for Clinical Teaching Studies to operate the clinical | 61834 |
| facility to serve the Greater Dayton area. | 61835 |
| Section 375.50.80. SCHOOL OF INTERNATIONAL BUSINESS | 61836 |
| Of the foregoing appropriation item 235-547, School of | 61837 |
| International Business, $250,000 in each fiscal year shall be used | 61838 |
| for the continued development and support of the School of | 61839 |
| International Business of the state universities of northeast | 61840 |
| Ohio. The money shall go to The University of Akron. These funds | 61841 |
| shall be used by the university to establish a School of | 61842 |
| International Business located at The University of Akron. It may | 61843 |
| confer with Kent State University, Youngstown State University, | 61844 |
| and Cleveland State University as to the curriculum and other | 61845 |
| matters regarding the school. | 61846 |
| Of the foregoing appropriation item 235-547, School of | 61847 |
| International Business, $100,000 in each fiscal year shall be used | 61848 |
| by the University of Toledo College of Business for expansion of | 61849 |
| its international business programs. | 61850 |
| Of the foregoing appropriation item 235-547, School of | 61851 |
| International Business, $100,000 in each fiscal year shall be used | 61852 |
| to support the Ohio State University BioMEMS program. | 61853 |
| Section 375.50.90. CAPITAL COMPONENT | 61854 |
| The foregoing appropriation item 235-552, Capital Component, | 61855 |
| shall be used by the Board of Regents to implement the capital | 61856 |
| funding policy for state-assisted colleges and universities | 61857 |
| established in Am. H.B. 748 of the 121st General Assembly. | 61858 |
| Appropriations from this item shall be distributed to all campuses | 61859 |
| for which the estimated campus debt service attributable to new | 61860 |
| qualifying capital projects is less than the campus's | 61861 |
| formula-determined capital component allocation. Campus | 61862 |
| allocations shall be determined by subtracting the estimated | 61863 |
| campus debt service attributable to new qualifying capital | 61864 |
| projects from the campus's formula-determined capital component | 61865 |
| allocation. Moneys distributed from this appropriation item shall | 61866 |
| be restricted to capital-related purposes. | 61867 |
| Any campus for which the estimated campus debt service | 61868 |
| attributable to qualifying capital projects is greater than the | 61869 |
| campus's formula-determined capital component allocation shall | 61870 |
| have the difference subtracted from its State Share of Instruction | 61871 |
| allocation in each fiscal year. The sum of all such amounts shall | 61872 |
| be transferred from appropriation item 235-501, State Share of | 61873 |
| Instruction, to appropriation item 235-552, Capital Component. | 61874 |
| Section 375.60.10. DAYTON AREA GRADUATE STUDIES INSTITUTE | 61875 |
| The foregoing appropriation item 235-553, Dayton Area | 61876 |
| Graduate Studies Institute, shall be used by the Board of Regents | 61877 |
| to support the Dayton Area Graduate Studies Institute, an | 61878 |
| engineering graduate consortium of three universities in the | 61879 |
| Dayton area: Wright State University, the University of Dayton, | 61880 |
| and the Air Force Institute of Technology, with the participation | 61881 |
| of the University of Cincinnati and The Ohio State University. | 61882 |
| Of the foregoing appropriation item 235-553, Dayton Area | 61883 |
| Graduate Studies Institute, $350,000 in each fiscal year shall be | 61884 |
| used by the Development Research Corporation to support | 61885 |
| collaborative research and technology commercialization | 61886 |
| initiatives in Ohio. | 61887 |
| Section 375.60.20. PRIORITIES IN COLLABORATIVE GRADUATE | 61888 |
| EDUCATION | 61889 |
| The foregoing appropriation item 235-554, Priorities in | 61890 |
| Collaborative Graduate Education, shall be used to support | 61891 |
| improvements in graduate fields of study at state-assisted | 61892 |
| universities identified by the Board of Regents, in consultation | 61893 |
| with the Department of Development and the Department of Job and | 61894 |
| Family Services, as vital to the state's economic strategy or | 61895 |
| related to an area of workforce shortage. Each fiscal year, | 61896 |
| participating institutions shall collectively submit for Board of | 61897 |
| Regents approval a plan describing how they will work | 61898 |
| collaboratively to improve the quality of their graduate programs | 61899 |
| and how the funds are to be used for this purpose. The | 61900 |
| collaborative effort for Ph.D. computer science programs shall be | 61901 |
| coordinated by the Ohio Supercomputer Center as part of its School | 61902 |
| of Computational Science. | 61903 |
| Section 375.60.30. LIBRARY DEPOSITORIES | 61904 |
| The foregoing appropriation item, 235-555, Library | 61905 |
| Depositories, shall be distributed to the state's five regional | 61906 |
| depository libraries for the cost-effective storage of and access | 61907 |
| to lesser-used materials in university library collections. The | 61908 |
| distribution of funds shall be coordinated by the Board of | 61909 |
| Regents. | 61910 |
| Section 375.60.40. OHIO ACADEMIC RESOURCES NETWORK (OARNET) | 61911 |
| The foregoing appropriation item 235-556, Ohio Academic | 61912 |
| Resources Network, shall be used to support the operations of the | 61913 |
| Ohio Academic Resources Network, which shall include support for | 61914 |
| Ohio's state-assisted colleges and universities in maintaining and | 61915 |
| enhancing network connections and in using new network | 61916 |
| technologies to improve research, education, and economic | 61917 |
| development programs. The network shall give priority to | 61918 |
| supporting the Third Frontier Network and allocating bandwidth to | 61919 |
| programs directly supporting Ohio's economic development. | 61920 |
| Section 375.60.50. LONG-TERM CARE RESEARCH | 61921 |
| Of the foregoing appropriation item 235-558, Long-term Care | 61922 |
| Research, $211,047 in each fiscal year shall be disbursed to Miami | 61923 |
| University for long-term care research. | 61924 |
| Of the foregoing appropriation item, 235-558, Long-term Care | 61925 |
| Research, $100,000 in each fiscal year shall be used to support | 61926 |
| research on best practices for long-term care in rural areas. | 61927 |
| Section 375.60.60. BOWLING GREEN STATE UNIVERSITY CANADIAN | 61928 |
| STUDIES CENTER | 61929 |
| The foregoing appropriation item 235-561, Bowling Green State | 61930 |
| University Canadian Studies Center, shall be used by the Canadian | 61931 |
| Studies Center at Bowling Green State University to study | 61932 |
| opportunities for Ohio and Ohio businesses to benefit from the | 61933 |
| Free Trade Agreement between the United States and Canada. | 61934 |
| Section 375.60.70. OHIO COLLEGE OPPORTUNITY GRANT PHASE-IN | 61935 |
| The foregoing appropriation item 235-563, Ohio College | 61936 |
| Opportunity Grant, shall be used by the Board of Regents to begin | 61937 |
| to award needs-based financial aid to students based on the United | 61938 |
| States Department of Education's method of determining financial | 61939 |
| need. Students who enrolled in a public, private, or proprietary | 61940 |
| post-secondary institution of higher education for the first time | 61941 |
| in academic year 2006-2007, excluding early college high school | 61942 |
| and post-secondary enrollment option participants, shall be | 61943 |
| eligible to receive aid based on their expected family | 61944 |
| contributions as calculated by the United States Department of | 61945 |
| Education, according to section 3333.122 of the Revised Code. | 61946 |
| Eligible expenditures from the foregoing appropriation item | 61947 |
| 235-563, Ohio College Opportunity Grant, shall be claimed each | 61948 |
| fiscal year to help meet the state's TANF maintenance of effort | 61949 |
| requirement. The Chancellor of the Board of Regents and the | 61950 |
| Director of Job and Family Services shall enter into an | 61951 |
| interagency agreement to carry out this paragraph, which shall | 61952 |
| include, but not be limited to, developing reporting guidelines | 61953 |
| for these expenditures. | 61954 |
| Section 375.60.80. CENTRAL STATE UNIVERSITY SPEED TO SCALE | 61955 |
| The foregoing appropriation 235-567, Central State University | 61956 |
| Speed to Scale, shall be used to achieve the goals of the Speed to | 61957 |
| Scale Plan, which include increasing student enrollment through | 61958 |
| freshman recruitment and transferred students, increasing the | 61959 |
| proportion of in-state students to 80 per cent of the total | 61960 |
| student population, and increasing the student retention rates | 61961 |
| between the first and second year of college by two per cent each | 61962 |
| year. The goals shall be accomplished by targeting student | 61963 |
| retention, improved articulation agreements with two-year | 61964 |
| campuses, increased use of alternative course options, including | 61965 |
| online coursework and Ohio Learning Network resources, College | 61966 |
| Tech Prep, Post Secondary Enrollment Options, and other | 61967 |
| dual-credit programs, and strategic partnerships with research | 61968 |
| institutions to improve the quality of Central State University's | 61969 |
| offering of science, technology, engineering, mathematics, and | 61970 |
| medical instruction. In fiscal year 2009, the disbursement of | 61971 |
| these funds shall be contingent upon Central State University | 61972 |
| meeting the annual goals for the student enrollment and | 61973 |
| first-to-second-year retention rate increases. | 61974 |
| There is hereby created the Speed to Scale Task Force that | 61975 |
| shall meet not less than quarterly to discuss progress of the | 61976 |
| plan, including performance on accountability metrics, issues | 61977 |
| experienced in planned efforts, and to monitor and support the | 61978 |
| creation of partnerships with other state institutions of higher | 61979 |
| education. The Task Force shall consist of the president of | 61980 |
| Central State University or the president's designee, the | 61981 |
| president of Sinclair Community College or the president's | 61982 |
| designee, the president of Cincinnati State Technical and | 61983 |
| Community College or the president's designee, the president of | 61984 |
| Cuyahoga Community College or the president's designee, The Ohio | 61985 |
| State University or the president's designee, the president of the | 61986 |
| University of Cincinnati or the president's designee, one | 61987 |
| representative from the Board of Regents, one member of the House | 61988 |
| of Representatives appointed by the Speaker of the House of | 61989 |
| Representatives, one member of the Senate appointed by the | 61990 |
| President of the Senate, the Director of Budget and Management or | 61991 |
| the director's designee, and a representative of the Governor's | 61992 |
| Office as appointed by the Governor. | 61993 |
| On the thirtieth day of June of each fiscal year, Central | 61994 |
| State University and the Speed to Scale Task Force shall jointly | 61995 |
| submit to the Governor, the Director of Budget and Management, the | 61996 |
| Speaker of the House of Representatives, the President of the | 61997 |
| Senate, and the Board of Regents a report describing the status of | 61998 |
| their progress on the accountability metrics included in the Speed | 61999 |
| to Scale plan. | 62000 |
| Section 375.60.91. CHOOSE OHIO FIRST SCHOLARSHIP | 62001 |
| It is the intent of the House of Representatives to work with | 62002 |
| the Senate and the Governor to design the criteria for the Choose | 62003 |
| Ohio First Scholarship to promote the pursuit of STEM degrees. | 62004 |
| Section 375.70.10. THE OHIO STATE UNIVERSITY CLINIC SUPPORT | 62005 |
| The foregoing appropriation item 235-572, The Ohio State | 62006 |
| University Clinic Support, shall be distributed through the Board | 62007 |
| of Regents to The Ohio State University for support of dental and | 62008 |
| veterinary medicine clinics. | 62009 |
| Section 375.70.20. URBAN UNIVERSITY PROGRAM | 62010 |
| Universities receiving funds from the foregoing appropriation | 62011 |
| item 235-583, Urban University Program, that are used to support | 62012 |
| an ongoing university unit shall certify periodically in a manner | 62013 |
| approved by the Board of Regents that program funds are being | 62014 |
| matched on a one-to-one basis with equivalent resources. Overhead | 62015 |
| support may not be used to meet this requirement. Where Urban | 62016 |
| University Program funds are being used to support an ongoing | 62017 |
| university unit, matching funds shall come from continuing rather | 62018 |
| than one-time sources. At each participating state-assisted | 62019 |
| institution of higher education, matching funds shall be within | 62020 |
| the substantial control of the individual designated by the | 62021 |
| institution's president as the Urban University Program | 62022 |
| representative. | 62023 |
| Of the foregoing appropriation item 235-583, Urban University | 62024 |
| Program, $117,215 in each fiscal year shall be used to support the | 62025 |
| Center for the Interdisciplinary Study of Education and the Urban | 62026 |
| Child at Cleveland State University. These funds shall be | 62027 |
| distributed according to rules adopted by the Board of Regents and | 62028 |
| shall be used by the center for interdisciplinary activities | 62029 |
| targeted toward increasing the chance of lifetime success of the | 62030 |
| urban child, including interventions beginning with the prenatal | 62031 |
| period. The primary purpose of the center is to study issues in | 62032 |
| urban education and to systematically map directions for new | 62033 |
| approaches and new solutions by bringing together a cadre of | 62034 |
| researchers, scholars, and professionals representing the social, | 62035 |
| behavioral, education, and health disciplines. | 62036 |
| Of the foregoing appropriation item 235-583, Urban University | 62037 |
| Program, $1,433,037 in each fiscal year shall be distributed by | 62038 |
| the Board of Regents to Cleveland State University in support of | 62039 |
| the Maxine Goodman Levin College of Urban Affairs. | 62040 |
| Of the foregoing appropriation item 235-583, Urban University | 62041 |
| Program, $1,433,037 in each fiscal year shall be distributed to | 62042 |
| the Northeast Ohio Research Consortium, the Urban Linkages | 62043 |
| Program, and the Urban Research Technical Assistance Grant | 62044 |
| Program. The distribution among the three programs shall be | 62045 |
| determined by the chair of the Urban University Program. | 62046 |
| Of the foregoing appropriation item 235-583, Urban University | 62047 |
| Program, $247,453 in each fiscal year shall be used to support a | 62048 |
| public communication outreach program (WCPN). The primary purpose | 62049 |
| of the program shall be to develop a relationship between | 62050 |
| Cleveland State University and nonprofit communications entities. | 62051 |
| Of the foregoing appropriation item 235-583, Urban University | 62052 |
| Program, $169,310 in each fiscal year shall be used to support the | 62053 |
| Kent State University Learning and Technology Project. This | 62054 |
| project is a kindergarten through university collaboration between | 62055 |
| schools surrounding Kent State University's eight campuses in | 62056 |
| northeast Ohio and corporate partners who will assist in | 62057 |
| development and delivery. | 62058 |
| The Kent State University Project shall provide a faculty | 62059 |
| member who has a full-time role in the development of | 62060 |
| collaborative activities and teacher instructional programming | 62061 |
| between Kent State University and the K-12th grade schools that | 62062 |
| surround its eight campuses; appropriate student support staff to | 62063 |
| facilitate these programs and joint activities; and hardware and | 62064 |
| software to schools that will make possible the delivery of | 62065 |
| instruction to pre-service and in-service teachers, and their | 62066 |
| students, in their own classrooms or school buildings. This shall | 62067 |
| involve the delivery of low-bandwidth streaming video and | 62068 |
| web-based technologies in a distributed instructional model. | 62069 |
| Of the foregoing appropriation item 235-583, Urban University | 62070 |
| Program, $65,119 in each fiscal year shall be used to support the | 62071 |
| Ameritech Classroom/Center for Research at Kent State University. | 62072 |
| Of the foregoing appropriation item 235-583, Urban University | 62073 |
| Program, $723,547 in each fiscal year shall be used to support the | 62074 |
| Polymer Distance Learning Project at the University of Akron. | 62075 |
| Of the foregoing appropriation item 235-583, Urban University | 62076 |
| Program, $32,560 in each fiscal year shall be distributed to the | 62077 |
| Kent State University/Cleveland Design Center program. | 62078 |
| Of the foregoing appropriation item 235-583, Urban University | 62079 |
| Program, $180,886 in each fiscal year shall be used to support the | 62080 |
| Bliss Institute of Applied Politics at the University of Akron. | 62081 |
| Of the foregoing appropriation item 235-583, Urban University | 62082 |
| Program, $10,851 in each fiscal year shall be used for the | 62083 |
| Advancing-Up Program at the University of Akron. | 62084 |
| Of the foregoing appropriation item 235-583, Urban University | 62085 |
| Program, $139,777 in each fiscal year shall be used to support the | 62086 |
| Strategic Economic Research Collaborative at the University of | 62087 |
| Toledo Urban Affairs Center. | 62088 |
| Of the foregoing appropriation item 235-583, Urban University | 62089 |
| Program, $139,777 in each fiscal year shall be used to support the | 62090 |
| Institute for Collaborative Research and Public Humanities at The | 62091 |
| Ohio State University. | 62092 |
| Of the foregoing appropriation item 235-583, Urban University | 62093 |
| Program, $300,368 in each fiscal year shall be used to support the | 62094 |
| Medina County University Center. | 62095 |
| Of the foregoing appropriation item 235-583, Urban University | 62096 |
| Program, $150,000 in each fiscal year shall be used to support the | 62097 |
| Ohio State University African American and African Studies | 62098 |
| Community Extension Center. | 62099 |
| Section 375.70.30. RURAL UNIVERSITY PROJECTS | 62100 |
| Of the foregoing appropriation item 235-587, Rural University | 62101 |
| Projects, Bowling Green State University shall receive $263,783 in | 62102 |
| each fiscal year, Miami University shall receive $145,320 in each | 62103 |
| fiscal year, and Ohio University shall receive $575,015 in each | 62104 |
| fiscal year. These funds shall be used to support the Institute | 62105 |
| for Local Government Administration and Rural Development at Ohio | 62106 |
| University, the Center for Public Management and Regional Affairs | 62107 |
| at Miami University, and the Center for Regional Development at | 62108 |
| Bowling Green State University. | 62109 |
| A small portion of the funds provided to Ohio University | 62110 |
| shall also be used for the Institute for Local Government | 62111 |
| Administration and Rural Development State and Rural Policy | 62112 |
| Partnership with the Governor's Office of Appalachia and the | 62113 |
| Appalachian delegation of the General Assembly. | 62114 |
| Of the foregoing appropriation item 235-587, Rural University | 62115 |
| Projects, $15,942 in each fiscal year shall be used to support the | 62116 |
| Washington State Community College day care center. | 62117 |
| Of the foregoing appropriation item 235-587, Rural University | 62118 |
| Projects, $47,829 in each fiscal year shall be used to support the | 62119 |
| COAD/ILGARD/GOA Appalachian Leadership Initiative. | 62120 |
| Section 375.70.40. HAZARDOUS MATERIALS PROGRAM | 62121 |
| The foregoing appropriation item 235-596, Hazardous Materials | 62122 |
| Program, shall be disbursed to Cleveland State University for the | 62123 |
| operation of a program to certify firefighters for the handling of | 62124 |
| hazardous materials. Training shall be available to all Ohio | 62125 |
| firefighters. | 62126 |
| Of the foregoing appropriation item 235-596, Hazardous | 62127 |
| Materials Program, $177,337 in each fiscal year shall be used to | 62128 |
| support the Center for the Interdisciplinary Study of Education | 62129 |
| and Leadership in Public Service at Cleveland State University. | 62130 |
| These funds shall be distributed by the Board of Regents and shall | 62131 |
| be used by the center targeted toward increasing the role of | 62132 |
| special populations in public service and not-for-profit | 62133 |
| organizations. The primary purpose of the center is to study | 62134 |
| issues in public service and to guide strategies for attracting | 62135 |
| new communities into public service occupations by bringing | 62136 |
| together a cadre of researchers, scholars, and professionals | 62137 |
| representing the public administration, social behavioral, and | 62138 |
| education disciplines. | 62139 |
| Section 375.70.50. NATIONAL GUARD SCHOLARSHIP PROGRAM | 62140 |
| The Board of Regents shall disburse funds from appropriation | 62141 |
| item 235-599, National Guard Scholarship Program, at the direction | 62142 |
| of the Adjutant General. During each fiscal year, the Board of | 62143 |
| Regents, within ten days of cancellation, may certify to the | 62144 |
| Director of Budget and Management the amount of canceled | 62145 |
| prior-year encumbrances in appropriation item 235-599, National | 62146 |
| Guard Scholarship Program. Upon receipt of the certification, the | 62147 |
| Director of Budget and Management may transfer an amount up to the | 62148 |
| certified amount from the General Revenue Fund to the National | 62149 |
| Guard Scholarship Reserve Fund (Fund 5BM). Upon the request of the | 62150 |
| Adjutant General, the Board of Regents shall seek Controlling | 62151 |
| Board approval to establish appropriations in item 235-623, | 62152 |
| National Guard Scholarship Reserve Fund. The Board of Regents | 62153 |
| shall disburse funds from appropriation item 235-623, National | 62154 |
| Guard Scholarship Reserve Fund, at the direction of the Adjutant | 62155 |
| General. | 62156 |
| * Section 375.70.60. PLEDGE OF FEES | 62157 |
| Any new pledge of fees, or new agreement for adjustment of | 62158 |
| fees, made in the biennium ending June 30, 2009, to secure bonds | 62159 |
| or notes of a state-assisted institution of higher education for a | 62160 |
| project for which bonds or notes were not outstanding on the | 62161 |
| effective date of this section shall be effective only after | 62162 |
| approval by the Board of Regents, unless approved in a previous | 62163 |
| biennium. | 62164 |
| Section 375.70.70. HIGHER EDUCATION GENERAL OBLIGATION DEBT | 62165 |
| SERVICE | 62166 |
| The foregoing appropriation item 235-909, Higher Education | 62167 |
| General Obligation Debt Service, shall be used to pay all debt | 62168 |
| service and related financing costs at the times they are required | 62169 |
| to be made for obligations issued during the period from July 1, | 62170 |
| 2007, to June 30, 2009, under sections 151.01 and 151.04 of the | 62171 |
| Revised Code. | 62172 |
| Section 375.70.80. SALES AND SERVICES | 62173 |
| The Board of Regents is authorized to charge and accept | 62174 |
| payment for the provision of goods and services. Such charges | 62175 |
| shall be reasonably related to the cost of producing the goods and | 62176 |
| services. No charges may be levied for goods or services that are | 62177 |
| produced as part of the routine responsibilities or duties of the | 62178 |
| Board. All revenues received by the Board of Regents shall be | 62179 |
| deposited into Fund 456, and may be used by the Board of Regents | 62180 |
| to pay for the costs of producing the goods and services. | 62181 |
| Section 375.70.90. OHIO HIGHER EDUCATIONAL FACILITY | 62182 |
| COMMISSION SUPPORT | 62183 |
| The foregoing appropriation item 235-602, Higher Educational | 62184 |
| Facility Commission Administration, shall be used by the Board of | 62185 |
| Regents for operating expenses related to the Board of Regents' | 62186 |
| support of the activities of the Ohio Higher Educational Facility | 62187 |
| Commission. Upon the request of the chancellor, the Director of | 62188 |
| Budget and Management shall transfer up to $50,000 cash in fiscal | 62189 |
| year 2008 and up to $45,000 cash in fiscal year 2009 from Fund 461 | 62190 |
| to Fund 4E8. | 62191 |
| Section 375.80.10. PHYSICIAN LOAN REPAYMENT | 62192 |
| The foregoing appropriation item 235-604, Physician Loan | 62193 |
| Repayment, shall be used in accordance with sections 3702.71 to | 62194 |
| 3702.81 of the Revised Code. | 62195 |
| Section 375.80.20. NURSING LOAN PROGRAM | 62196 |
| The foregoing appropriation item 235-606, Nursing Loan | 62197 |
| Program, shall be used to administer the nurse education | 62198 |
| assistance program. Up to $159,600 in fiscal year 2008 and | 62199 |
| $167,580 in fiscal year 2009 may be used for operating expenses | 62200 |
| associated with the program. Any additional funds needed for the | 62201 |
| administration of the program are subject to Controlling Board | 62202 |
| approval. | 62203 |
| Section 375.80.30. REPAYMENT OF RESEARCH FACILITY INVESTMENT | 62204 |
| FUND MONEYS | 62205 |
| Notwithstanding any provision of law to the contrary, all | 62206 |
| repayments of Research Facility Investment Fund loans shall be | 62207 |
| made to the Bond Service Trust Fund. All Research Facility | 62208 |
| Investment Fund loan repayments made prior to the effective date | 62209 |
| of this section shall be transferred by the Director of Budget and | 62210 |
| Management to the Bond Service Trust Fund within sixty days after | 62211 |
| the effective date of this section. | 62212 |
| Campuses shall make timely repayments of Research Facility | 62213 |
| Investment Fund loans, according to the schedule established by | 62214 |
| the Board of Regents. In the case of late payments, the Board of | 62215 |
| Regents may deduct from an institution's periodic subsidy | 62216 |
| distribution an amount equal to the amount of the overdue payment | 62217 |
| for that institution, transfer such amount to the Bond Service | 62218 |
| Trust Fund, and credit the appropriate institution for the | 62219 |
| repayment. | 62220 |
| Section 375.80.40. VETERANS' PREFERENCES | 62221 |
| The Board of Regents shall work with the Governor's Office of | 62222 |
| Veterans' Affairs to develop specific veterans' preference | 62223 |
| guidelines for higher education institutions. These guidelines | 62224 |
| shall ensure that the institutions' hiring practices are in | 62225 |
| accordance with the intent of Ohio's veterans' preference laws. | 62226 |
| Section 375.80.50. STATE NEED-BASED FINANCIAL AID | 62227 |
| RECONCILIATION | 62228 |
| By the first day of August in each fiscal year, or as soon | 62229 |
| thereafter as possible, the Ohio Board of Regents shall certify to | 62230 |
| the Director of Budget and Management the amount necessary to pay | 62231 |
| any outstanding prior year obligations to higher education | 62232 |
| institutions for the state's need-based financial aid programs. | 62233 |
| The amounts certified are hereby appropriated to appropriation | 62234 |
| item 235-618, State Need-based Financial Aid Reconciliation, from | 62235 |
| revenues received in the State Need-based Financial Aid | 62236 |
| Reconciliation Fund (Fund 5Y5). | 62237 |
| Section 375.80.60. TRANSFERS TO STATE NEED-BASED FINANCIAL | 62238 |
| AID PROGRAMS | 62239 |
| In each fiscal year of the biennium, if the Chancellor of the | 62240 |
| Board of Regents determines that additional funds are needed to | 62241 |
| support the distribution of state need-based financial aid in | 62242 |
| accordance with sections 3333.12 and 3333.122 of the Revised Code, | 62243 |
| the Chancellor shall recommend the reallocation of unencumbered | 62244 |
| and unobligated appropriation balances of General Revenue Fund | 62245 |
| appropriation items in the Board of Regents to GRF appropriation | 62246 |
| items 235-503, Ohio Instructional Grants, and 235-563, Ohio | 62247 |
| College Opportunity Grant. If the Director of Budget and | 62248 |
| Management determines that such a reallocation is required, the | 62249 |
| Director may transfer those identified unencumbered and | 62250 |
| unobligated funds in the Board of Regents as necessary to GRF | 62251 |
| appropriation items 235-503, Ohio Instructional Grants, and | 62252 |
| 235-563, Ohio College Opportunity Grant. The amounts transferred | 62253 |
| to appropriation items 235-503, Ohio Instructional Grants, and | 62254 |
| 235-563, Ohio College Opportunity Grant, are hereby appropriated. | 62255 |
| If those unencumbered and unobligated funds are not sufficient to | 62256 |
| support the distribution of state need-based financial aid in | 62257 |
| accordance with sections 3333.12 and 3333.122 of the Revised Code | 62258 |
| in each fiscal year, the Director of Budget and Management may | 62259 |
| increase the appropriation from the General Revenue Fund of | 62260 |
| appropriation items 235-503, Ohio Instructional Grants, and | 62261 |
| 235-563, Ohio College Opportunity Grant, in each fiscal year. The | 62262 |
| combined increase to appropriation items 235-503, Ohio | 62263 |
| Instructional Grants, and 235-563, Ohio College Opportunity Grant, | 62264 |
| authorized under this section shall not exceed $5,000,000 in total | 62265 |
| for the purpose of need-based financial aid in each fiscal year of | 62266 |
| the biennium. | 62267 |
| Section 377.10. DRC DEPARTMENT OF REHABILITATION AND | 62268 |
| CORRECTION | 62269 |
| General Revenue Fund | 62270 | ||||||||||
| GRF | 501-321 | Institutional Operations | $ | 892,162,864 | $ | 928,980,197 | 62271 | ||||
| GRF | 501-403 | Prisoner Compensation | $ | 8,599,255 | $ | 8,599,255 | 62272 | ||||
| GRF | 501-405 | Halfway House | $ | 41,214,205 | $ | 41,214,205 | 62273 | ||||
| GRF | 501-406 | Lease Rental Payments | $ | 106,531,029 | $ | 105,948,153 | 62274 | ||||
| GRF | 501-407 | Community Nonresidential Programs | $ | 16,514,626 | $ | 16,547,367 | 62275 | ||||
| GRF | 501-408 | Community Misdemeanor Programs | $ | 9,313,076 | $ | 9,313,076 | 62276 | ||||
| GRF | 501-501 | Community Residential Programs - CBCF | $ | 57,104,132 | $ | 57,104,132 | 62277 | ||||
| GRF | 502-321 | Mental Health Services | $ | 75,112,063 | $ | 78,405,363 | 62278 | ||||
| GRF | 503-321 | Parole and Community Operations | $ | 79,296,672 | $ | 82,739,767 | 62279 | ||||
| GRF | 504-321 | Administrative Operations | $ | 27,599,198 | $ | 28,703,273 | 62280 | ||||
| GRF | 505-321 | Institution Medical Services | $ | 199,073,620 | $ | 198,337,805 | 62281 | ||||
| GRF | 506-321 | Institution Education Services | $ | 23,784,868 | $ | 24,847,502 | 62282 | ||||
| GRF | 507-321 | Institution Recovery Services | $ | 7,319,028 | $ | 7,664,520 | 62283 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,543,624,636 | $ | 1,588,404,615 | 62284 | ||||||
| General Services Fund Group | 62285 |
| 148 | 501-602 | Services and Agricultural | $ | 104,485,807 | $ | 108,290,058 | 62286 | ||||
| 200 | 501-607 | Ohio Penal Industries | $ | 39,395,391 | $ | 40,845,414 | 62287 | ||||
| 4B0 | 501-601 | Sewer Treatment Services | $ | 2,331,003 | $ | 2,407,018 | 62288 | ||||
| 4D4 | 501-603 | Prisoner Programs | $ | 20,967,703 | $ | 20,967,703 | 62289 | ||||
| 4L4 | 501-604 | Transitional Control | $ | 2,051,451 | $ | 2,051,451 | 62290 | ||||
| 4S5 | 501-608 | Education Services | $ | 4,564,072 | $ | 4,564,072 | 62291 | ||||
| 483 | 501-605 | Property Receipts | $ | 393,491 | $ | 393,491 | 62292 | ||||
| 5AF | 501-609 | State and Non-Federal Awards | $ | 262,718 | $ | 262,718 | 62293 | ||||
| 5H8 | 501-617 | Offender Financial Responsibility | $ | 2,500,000 | $ | 2,500,000 | 62294 | ||||
| 5L6 | 501-611 | Information Technology Services | $ | 3,741,980 | $ | 3,741,980 | 62295 | ||||
| 571 | 501-606 | Training Academy Receipts | $ | 75,190 | $ | 75,190 | 62296 | ||||
| 593 | 501-618 | Laboratory Services | $ | 5,799,999 | $ | 5,799,999 | 62297 | ||||
| TOTAL GSF General Services Fund Group | $ | 186,568,805 | $ | 191,899,094 | 62298 | ||||||
| Federal Special Revenue Fund Group | 62299 |
| 3S1 | 501-615 | Truth-In-Sentencing Grants | $ | 8,709,142 | $ | 8,709,142 | 62300 | ||||
| 323 | 501-619 | Federal Grants | $ | 12,198,353 | $ | 12,198,353 | 62301 | ||||
| 3CJ | 501-621 | Medicaid Inpatient Services | $ | 11,600,000 | $ | 15,500,000 | 62302 | ||||
| TOTAL FED Federal Special Revenue | 62303 | ||||||||||
| Fund Group | $ | 32,507,495 | $ | 36,407,495 | 62304 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,762,700,936 | $ | 1,816,711,204 | 62305 |
| OHIO BUILDING AUTHORITY LEASE PAYMENTS | 62306 |
| The foregoing appropriation item 501-406, Lease Rental | 62307 |
| Payments, shall be used to meet all payments during the period | 62308 |
| from July 1, 2007, to June 30, 2009, under the primary leases and | 62309 |
| agreements for those buildings made under Chapter 152. of the | 62310 |
| Revised Code. These appropriations are the source of funds pledged | 62311 |
| for bond service charges or obligations issued pursuant to Chapter | 62312 |
| 152. of the Revised Code. | 62313 |
| PRISONER COMPENSATION | 62314 |
| Money from the foregoing appropriation item 501-403, Prisoner | 62315 |
| Compensation, shall be transferred on a quarterly basis by | 62316 |
| intrastate transfer voucher to the Services and Agricultural Fund | 62317 |
| (Fund 148) for the purposes of paying prisoner compensation. | 62318 |
| HIV/AIDS TESTING REENTRY PILOT PROGRAM | 62319 |
| Of the foregoing appropriation item 505-321, Institution | 62320 |
| Medical Services, up to $250,000 in each fiscal year shall be used | 62321 |
| for the HIV/AIDS testing re-entry pilot program at the Mansfield | 62322 |
| Correctional Institution. Prior to a prisoner's release from | 62323 |
| custody at the Mansfield Correctional Institution under the | 62324 |
| control of the Department of Rehabilitation and Correction, the | 62325 |
| department shall examine and test a prisoner for HIV infection and | 62326 |
| any sexually transmitted disease. The department may examine and | 62327 |
| test involuntarily a prisoner who refuses to be tested. | 62328 |
| Section 377.20. LIMA CORRECTIONAL INSTITUTION STUDY COMMITTEE | 62329 |
| (A) There is hereby created the Lima Correctional Institution | 62330 |
| Study Committee, effective July 1, 2007. The Committee shall | 62331 |
| consist of the following nine members: | 62332 |
| (1) The Director of Rehabilitation and Correction or the | 62333 |
| Director's designee; | 62334 |
| (2) The eight members of the Correctional Institution | 62335 |
| Inspection Committee. | 62336 |
| (B) The Director of Rehabilitation and Correction shall be | 62337 |
| the chairperson of the Lima Correctional Institution Study | 62338 |
| Committee. | 62339 |
| (C) The Lima Correctional Institution Study Committee shall | 62340 |
| procure an independent feasibility study, performed by a | 62341 |
| consultant, through the Department of Rehabilitation and | 62342 |
| Correction. The study shall examine the highest and best use for | 62343 |
| the Lima Correctional Institution and shall examine, at a minimum, | 62344 |
| all of the following: | 62345 |
| (1) State and local correctional needs and the utilization of | 62346 |
| state and local facilities to service those needs; | 62347 |
| (2) The current condition and value of the Lima Correctional | 62348 |
| Institution; | 62349 |
| (3) The cost to reopen the Lima Correctional Institution in | 62350 |
| part or in whole for a correctional purpose; | 62351 |
| (4) Alternative uses for the Lima Correctional Institution; | 62352 |
| (5) The funding options to utilize the Lima Correctional | 62353 |
| Institution; | 62354 |
| (6) The economic impact of the Lima Correctional Institution | 62355 |
| on the Lima region and the potential non-prison economic | 62356 |
| development opportunities for a closed prison facility. | 62357 |
| (D) The Lima Correctional Institution Study Committee and the | 62358 |
| consultant selected shall utilize the staff of the Department of | 62359 |
| Rehabilitation and Correction for research and other support | 62360 |
| functions as much as feasible. | 62361 |
| (E) Of the foregoing appropriation item 501-321, | 62362 |
| Institutional Operations, $50,000 in fiscal year 2008 shall be | 62363 |
| used to fund the feasibility study. | 62364 |
| (F) The Lima Correctional Institution Study Committee shall | 62365 |
| submit a report of the Committee's findings not later than April | 62366 |
| 1, 2008, to the Governor, the President of the Senate, and the | 62367 |
| Speaker of the House of Representatives. The Committee shall cease | 62368 |
| to exist after submitting the report. | 62369 |
| Section 377.30. DEPARTMENT OF REHABILITATION AND CORRECTION | 62370 |
| BLUE RIBBON COMMISSION | 62371 |
| (A) There is hereby created the Blue Ribbon Commission of the | 62372 |
| Department of Rehabilitation and Correction composed of the | 62373 |
| following members: | 62374 |
| (1) The Director of Rehabilitation and Correction or the | 62375 |
| Director's designee; | 62376 |
| (2) One member of the Criminal Sentencing Commission, | 62377 |
| appointed by the Governor; | 62378 |
| (3) A representative of the Ohio Civil Service Employees' | 62379 |
| Association, appointed by the Governor; | 62380 |
| (4) One county sheriff, appointed by the Governor; | 62381 |
| (5) One retired judge, appointed by the Governor; | 62382 |
| (6) One individual with expertise in corrections from an | 62383 |
| accredited college or university, appointed by the Governor; | 62384 |
| (7) One individual representing community corrections | 62385 |
| facilities, appointed by the Governor; | 62386 |
| (8) Two individuals, appointed by the President of the | 62387 |
| Senate; | 62388 |
| (9) Two individuals, appointed by the Speaker of the House of | 62389 |
| Representatives. | 62390 |
| (B) All appointments to the Blue Ribbon Commission shall be | 62391 |
| made on or after January 1, 2008. | 62392 |
| (C) The Blue Ribbon Commission shall conduct a comprehensive | 62393 |
| review of county, multicounty, municipal, municipal-county, and | 62394 |
| multicounty-municipal jails and workhouses, prisons, | 62395 |
| community-based correctional institutions, and other correctional | 62396 |
| institutions within the state, and of the offenders confined at | 62397 |
| these facilities. The review shall include, but is not limited to, | 62398 |
| a review of staffing levels at these facilities, projected needs | 62399 |
| and costs related to the operation of these facilities, the health | 62400 |
| and safety of the staff and inmates, and per diem costs of | 62401 |
| incarceration at each type of facility. The Blue Ribbon Commission | 62402 |
| shall develop recommendations based on its review. The | 62403 |
| recommendations shall include, but are not limited to, | 62404 |
| recommendations for sentencing reform, cost savings, and a means | 62405 |
| of better anticipating the fiscal and security impacts of | 62406 |
| sentencing legislation. | 62407 |
| (D) The members of the Blue Ribbon Commission shall elect a | 62408 |
| chairperson and vice-chairperson at the first meeting of the | 62409 |
| Commission. Meetings of the Commission shall be open to the | 62410 |
| public, and the Commission shall accept public testimony at | 62411 |
| Commission meetings. The Commission shall meet as often as | 62412 |
| necessary and shall submit its final report and recommendations by | 62413 |
| January 1, 2009, to the Governor and the Director of | 62414 |
| Rehabilitation and Correction. The Blue Ribbon Commission shall | 62415 |
| cease to exist after submitting its final report and | 62416 |
| recommendations. Member vacancies shall be filled in the same | 62417 |
| manner as for original members of the Commission. | 62418 |
| (E) Members of the Blue Ribbon Commission shall serve without | 62419 |
| compensation. | 62420 |
| Section 379.10. RSC REHABILITATION SERVICES COMMISSION | 62421 |
| General Revenue Fund | 62422 |
| GRF | 415-100 | Personal Services | $ | 8,851,468 | $ | 8,851,468 | 62423 | ||||
| GRF | 415-402 | Independent Living Council | $ | 400,000 | $ | 400,000 | 62424 | ||||
| GRF | 415-406 | Assistive Technology | $ | 47,531 | $ | 47,531 | 62425 | ||||
| GRF | 415-431 | Office for People with Brain Injury | $ | 226,012 | $ | 226,012 | 62426 | ||||
| GRF | 415-506 | Services for People with Disabilities | $ | 16,059,541 | $ | 16,059,541 | 62427 | ||||
| GRF | 415-508 | Services for the Deaf | $ | 50,000 | $ | 50,000 | 62428 | ||||
| TOTAL GRF General Revenue Fund | $ | 25,634,552 | $ | 25,634,552 | 62429 | ||||||
| General Services Fund Group | 62430 |
| 4W5 | 415-606 | Program Management Expenses | $ | 18,123,188 | $ | 18,557,040 | 62431 | ||||
| 467 | 415-609 | Business Enterprise Operating Expenses | $ | 1,632,082 | $ | 1,632,082 | 62432 | ||||
| TOTAL GSF General Services | 62433 | ||||||||||
| Fund Group | $ | 19,755,270 | $ | 20,189,122 | 62434 | ||||||
| Federal Special Revenue Fund Group | 62435 |
| 3L1 | 415-601 | Social Security Personal Care Assistance | $ | 3,743,740 | $ | 3,743,740 | 62436 | ||||
| 3L1 | 415-608 | Social Security Vocational Rehabilitation | $ | 2,256,260 | $ | 2,256,260 | 62437 | ||||
| 3L4 | 415-612 | Federal Independent Living Centers or Services | $ | 648,908 | $ | 648,908 | 62438 | ||||
| 3L4 | 415-615 | Federal - Supported Employment | $ | 884,451 | $ | 796,006 | 62439 | ||||
| 3L4 | 415-617 | Independent Living/Vocational Rehabilitation Programs | $ | 1,490,944 | $ | 1,490,944 | 62440 | ||||
| 317 | 415-620 | Disability Determination | $ | 82,808,006 | $ | 87,546,215 | 62441 | ||||
| 379 | 415-616 | Federal - Vocational Rehabilitation | $ | 122,484,545 | $ | 123,638,578 | 62442 | ||||
| TOTAL FED Federal Special | 62443 | ||||||||||
| Revenue Fund Group | $ | 214,316,854 | $ | 220,120,651 | 62444 | ||||||
| State Special Revenue Fund Group | 62445 |
| 4L1 | 415-619 | Services for Rehabilitation | $ | 3,765,337 | $ | 4,500,000 | 62446 | ||||
| 468 | 415-618 | Third Party Funding | $ | 906,910 | $ | 906,910 | 62447 | ||||
| TOTAL SSR State Special | 62448 | ||||||||||
| Revenue Fund Group | $ | 4,672,247 | $ | 5,406,910 | 62449 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 264,378,923 | $ | 271,351,235 | 62450 | ||||||
| INDEPENDENT LIVING COUNCIL | 62451 |
| The foregoing appropriation item 415-402, Independent Living | 62452 |
| Council, shall be used to fund the operations of the State | 62453 |
| Independent Living Council and shall be used to support state | 62454 |
| independent living centers and independent living services under | 62455 |
| Title VII of the Independent Living Services and Centers for | 62456 |
| Independent Living of the Rehabilitation Act Amendments of 1992, | 62457 |
| 106 Stat. 4344, 29 U.S.C. 796d. | 62458 |
| OFFICE FOR PEOPLE WITH BRAIN INJURY | 62459 |
| Of the foregoing appropriation item 415-431, Office for | 62460 |
| People with Brain Injury, up to $50,000 in each fiscal year shall | 62461 |
| be used for the state match for a federal grant awarded through | 62462 |
| the Traumatic Brain Injury Act, Pub. L. No. 104-166, and up to | 62463 |
| $50,000 in each fiscal year shall be provided to the Brain Injury | 62464 |
| Trust Fund. The remaining appropriation shall be used to plan and | 62465 |
| coordinate head-injury-related services provided by state agencies | 62466 |
| and other government or private entities, to assess the needs for | 62467 |
| such services, and to set priorities in this area. | 62468 |
| VOCATIONAL REHABILITATION SERVICES | 62469 |
| The foregoing appropriation item 415-506, Services for People | 62470 |
| with Disabilities, shall be used as state matching funds to | 62471 |
| provide vocational rehabilitation services to eligible consumers. | 62472 |
| PROGRAM MANAGEMENT EXPENSES | 62473 |
| The foregoing appropriation item 415-606, Program Management | 62474 |
| Expenses, shall be used to support the administrative functions of | 62475 |
| the commission related to the provision of vocational | 62476 |
| rehabilitation, disability determination services, and ancillary | 62477 |
| programs. | 62478 |
| INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS | 62479 |
| The foregoing appropriation item 415-617, Independent | 62480 |
| Living/Vocational Rehabilitation Programs, shall be used to | 62481 |
| support vocational rehabilitation programs. | 62482 |
| SOCIAL SECURITY REIMBURSEMENT FUNDS | 62483 |
| Reimbursement funds received from the Social Security | 62484 |
| Administration, United States Department of Health and Human | 62485 |
| Services, for the costs of providing services and training to | 62486 |
| return disability recipients to gainful employment shall be used | 62487 |
| in the Social Security Reimbursement Fund (Fund 3L1), to the | 62488 |
| extent funds are available, as follows: | 62489 |
| (A) Appropriation item 415-601, Social Security Personal Care | 62490 |
| Assistance, to provide personal care services in accordance with | 62491 |
| section 3304.41 of the Revised Code; | 62492 |
| (B) Appropriation item 415-608, Social Security Vocational | 62493 |
| Rehabilitation, to provide vocational rehabilitation services to | 62494 |
| individuals with severe disabilities who are Social Security | 62495 |
| beneficiaries, to enable them to achieve competitive employment. | 62496 |
| This appropriation item also includes funds to assist the Personal | 62497 |
| Care Assistance Program to pay its share of indirect costs as | 62498 |
| mandated by federal OMB Circular A-87. | 62499 |
| PERFORMANCE REVIEW | 62500 |
| The Auditor of State shall complete a performance review of | 62501 |
| the Rehabilitation Services Commission. Upon completing the | 62502 |
| performance review, the Auditor of State shall submit a report of | 62503 |
| the findings of the review to the Governor, the President of the | 62504 |
| Senate, the Speaker of the House of Representatives, and the Board | 62505 |
| of Rehabilitation Services Commission. | 62506 |
| Section 381.10. RCB RESPIRATORY CARE BOARD | 62507 |
| General Services Fund Group | 62508 |
| 4K9 | 872-609 | Operating Expenses | $ | 491,628 | $ | 481,768 | 62509 | ||||
| TOTAL GSF General Services | 62510 | ||||||||||
| Fund Group | $ | 491,628 | $ | 481,768 | 62511 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 491,628 | $ | 481,768 | 62512 | ||||||
| Section 383.10. RDF REVENUE DISTRIBUTION FUNDS | 62514 |
| Volunteer Firefighters' Dependents Fund | 62515 |
| 085 | 800-900 | Volunteer Firefighters' Dependents Fund | $ | 300,000 | $ | 300,000 | 62516 | ||||
| TOTAL 085 Volunteer Firefighters' | 62517 | ||||||||||
| Dependents Fund | $ | 300,000 | $ | 300,000 | 62518 | ||||||
| Agency Fund Group | 62519 | ||||||||||
| 062 | 110-962 | Resort Area Excise Tax | $ | 1,000,000 | $ | 1,000,000 | 62520 | ||||
| 063 | 110-963 | Permissive Tax Distribution | $ | 1,778,662,000 | $ | 1,849,000,000 | 62521 | ||||
| 067 | 110-967 | School District Income Tax | $ | 325,000,000 | $ | 350,000,000 | 62522 | ||||
| 4P8 | 001-698 | Cash Management Improvement Fund | $ | 3,050,000 | $ | 3,100,000 | 62523 | ||||
| 608 | 001-699 | Investment Earnings | $ | 250,000,000 | $ | 250,000,000 | 62524 | ||||
| TOTAL AGY Agency Fund Group | $ | 2,357,712,000 | $ | 2,453,100,000 | 62525 | ||||||
| Holding Account Redistribution | 62526 |
| R45 | 110-617 | International Fuel Tax Distribution | $ | 50,000,000 | $ | 50,000,000 | 62527 | ||||
| TOTAL 090 Holding Account Redistribution Fund | $ | 50,000,000 | $ | 50,000,000 | 62528 | ||||||
| Revenue Distribution Fund Group | 62529 | ||||||||||
| 049 | 038-900 | Indigent Drivers Alcohol Treatment | $ | 1,797,000 | $ | 1,832,000 | 62530 | ||||
| 050 | 762-900 | International Registration Plan Distribution | $ | 54,475,631 | $ | 55,565,143 | 62531 | ||||
| 051 | 762-901 | Auto Registration Distribution | $ | 500,000,000 | $ | 539,000,000 | 62532 | ||||
| 054 | 110-954 | Local Government Property Tax Replacement - Utility | $ | 93,250,000 | $ | 95,125,000 | 62533 | ||||
| 060 | 110-960 | Gasoline Excise Tax Fund | $ | 375,000,000 | $ | 375,000,000 | 62534 | ||||
| 064 | 110-964 | Local Government Revenue Assistance | $ | 42,400,000 | $ | 0 | 62535 | ||||
| 065 | 110-965 | Library/Local Government Support Fund | $ | 207,200,000 | $ | 0 | 62536 | ||||
| 066 | 800-900 | Undivided Liquor Permits | $ | 13,500,000 | $ | 13,500,000 | 62537 | ||||
| 068 | 110-968 | State and Local Government Highway Distribution | $ | 240,250,000 | $ | 242,500,000 | 62538 | ||||
| 069 | 110-969 | Local Government Fund | $ | 298,700,000 | $ | 0 | 62539 | ||||
| 081 | 110-981 | Local Government Property Tax Replacement-Business | $ | 262,500,000 | $ | 366,800,000 | 62540 | ||||
| 082 | 110-982 | Horse Racing Tax | $ | 125,000 | $ | 130,000 | 62541 | ||||
| 083 | 700-900 | Ohio Fairs Fund | $ | 2,277,000 | $ | 2,325,000 | 62542 | ||||
| 088 | 110-900 | Local Government Services Collaboration | $ | 1,000,000 | $ | 0 | 62543 | ||||
| 091 | 110-991 | Local Communities | $ | 430,600,000 | $ | 782,800,000 | 62544 | ||||
| 092 | 110-992 | Local Libraries | $ | 251,700,000 | $ | 462,800,000 | 62545 | ||||
| TOTAL RDF Revenue Distribution | 62546 | ||||||||||
| Fund Group | $ | 2,774,774,631 | $ | 2,937,377,143 | 62547 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,182,786,631 | $ | 5,440,777,143 | 62548 | ||||||
| ADDITIONAL APPROPRIATIONS | 62549 |
| Appropriation items in this section shall be used for the | 62550 |
| purpose of administering and distributing the designated revenue | 62551 |
| distribution funds according to the Revised Code. If it is | 62552 |
| determined that additional appropriations are necessary for this | 62553 |
| purpose, such amounts are appropriated. | 62554 |
| GENERAL REVENUE FUND TRANSFERS TO LOCAL GOVERNMENT PROPERTY | 62555 |
| TAX REPLACEMENT – BUSINESS (FUND 081) | 62556 |
| Notwithstanding any provision of law to the contrary, in | 62557 |
| fiscal year 2008 and fiscal year 2009, the Director of Budget and | 62558 |
| Management may transfer from the General Revenue Fund to the Local | 62559 |
| Government Property Tax Replacement – Business (Fund 081) in the | 62560 |
| Revenue Distribution Fund, those amounts necessary to reimburse | 62561 |
| local taxing units under section 5751.22 of the Revised Code. | 62562 |
| Also, in fiscal year 2008 and fiscal year 2009, the Director of | 62563 |
| Budget and Management may make temporary transfers from the | 62564 |
| General Revenue Fund to ensure sufficient balances in the Local | 62565 |
| Government Property Tax Replacement - Business Fund (Fund 081) and | 62566 |
| to replenish the General Revenue Fund for such transfers. | 62567 |
| Section 383.20. LOCAL GOVERNMENT SERVICES COLLABORATION | 62568 |
| GRANT PROGRAM | 62569 |
| (A) The Director of Development shall administer a Local | 62570 |
| Government Services Collaboration Grant Program. The Director may | 62571 |
| adopt rules under section 111.15 of the Revised Code and do all | 62572 |
| things necessary for that purpose. | 62573 |
| (B) There is hereby created in the State Treasury the Local | 62574 |
| Government Services Collaboration Grant Fund (Fund 088). The fund | 62575 |
| shall consist of all cash deposited into it pursuant to Section | 62576 |
| 757.03 of this act. The fund shall be used by the Director of | 62577 |
| Development in administering the Local Government Services | 62578 |
| Collaboration Grant Program. | 62579 |
| On July 1, 2007, or as soon as possible thereafter, the | 62580 |
| Director of Budget and Management shall transfer $1,000,000 cash | 62581 |
| from the General Revenue Fund to the Local Government Services | 62582 |
| Collaboration Grant Fund established in this section. The amount | 62583 |
| transferred is hereby appropriated. | 62584 |
| (C) The foregoing appropriation item 110-900, Local | 62585 |
| Government Services Collaboration, shall be used by the Director | 62586 |
| of Development to administer the Local Government Services | 62587 |
| Collaboration Grant Program. Moneys shall be used to provide | 62588 |
| grants to counties, municipal corporations, and townships that are | 62589 |
| interested in combining the provision of local government services | 62590 |
| with those of other counties, municipal corporations, or | 62591 |
| townships. Individual grant awards shall be used solely for the | 62592 |
| cost of conducting a feasibility study that addresses whether, and | 62593 |
| in what manner, counties, municipal corporations, and townships | 62594 |
| may combine their respective provision of local government | 62595 |
| services. | 62596 |
| Individual grants shall be available on a competitive basis | 62597 |
| to a county, municipal corporation, or township that proposes to | 62598 |
| combine its provision of local government services with those of | 62599 |
| at least two other counties, municipal corporations, or townships, | 62600 |
| or with any combination of at least two other counties, municipal | 62601 |
| corporations, or townships. Grants shall be awarded according to | 62602 |
| the following formula: | 62603 |
| (1) For a total of, or for any combination of, three | 62604 |
| counties, municipal corporations, or townships, the grant shall be | 62605 |
| equal to fifty per cent of the total cost of the feasibility | 62606 |
| study, or not more than $30,000; | 62607 |
| (2) For a total of, or for any combination of, four counties, | 62608 |
| municipal corporations, or townships, the grant shall be equal to | 62609 |
| sixty per cent of the total cost of the feasibility study, or not | 62610 |
| more than $40,000; | 62611 |
| (3) For a total of, or for any combination of, five counties, | 62612 |
| municipal corporations, or townships, the grant shall be equal to | 62613 |
| seventy per cent of the total cost of the feasibility study, or | 62614 |
| not more than $50,000; | 62615 |
| (4) For a total of, or for any combination of, six counties, | 62616 |
| municipal corporations, or townships, the grant shall be equal to | 62617 |
| eighty per cent of the total cost of the feasibility study, or not | 62618 |
| more than $60,000; | 62619 |
| (5) For a total of, or for any combination of, seven | 62620 |
| counties, municipal corporations, or townships, the grant shall be | 62621 |
| equal to ninety per cent of the total cost of the feasibility | 62622 |
| study, or not more than $70,000; | 62623 |
| (6) For a total of, or for any combination of, eight or more | 62624 |
| counties, municipal corporations, or townships, the grant shall be | 62625 |
| equal to the total cost of the feasibility study, or not more than | 62626 |
| $80,000. | 62627 |
| (D) Of the foregoing appropriation 110-900, Local Government | 62628 |
| Services Collaboration, not more than $100,000 over the biennium | 62629 |
| may be used by the Department of Development for operating | 62630 |
| expenditures in administering the Local Government Services | 62631 |
| Collaboration Grant Program. | 62632 |
| (E) Applicants for funding under the Local Government | 62633 |
| Services Collaboration Grant Program are encouraged to utilize the | 62634 |
| services of state-funded colleges and universities to conduct the | 62635 |
| feasibility studies referenced under this section. | 62636 |
| (F) As used in this section, "local government services" | 62637 |
| means services typically provided by a county, municipal | 62638 |
| corporation, or township for the health, safety, and well-being of | 62639 |
| community residents and includes, but is not limited to, police | 62640 |
| and fire protection, 9-1-1 emergency service, trash collection, | 62641 |
| snow removal, road repair, and the provision of public utilities | 62642 |
| such as water and sewer services. | 62643 |
| (G) On or before June 30, 2008, the unencumbered balance of | 62644 |
| the foregoing appropriation item 110-900, Local Government | 62645 |
| Services Collaboration, for fiscal year 2008 is hereby | 62646 |
| appropriated for the same purpose for fiscal year 2009. | 62647 |
| Section 385.10. SAN BOARD OF SANITARIAN REGISTRATION | 62648 |
| General Services Fund Group | 62649 |
| 4K9 | 893-609 | Operating Expenses | $ | 138,551 | $ | 138,551 | 62650 | ||||
| TOTAL GSF General Services | 62651 | ||||||||||
| Fund Group | $ | 138,551 | $ | 138,551 | 62652 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 138,551 | $ | 138,551 | 62653 | ||||||
| Section 387.10. OSB OHIO STATE SCHOOL FOR THE BLIND | 62655 |
| General Revenue Fund | 62656 |
| GRF | 226-100 | Personal Services | $ | 7,093,127 | $ | 7,519,318 | 62657 | ||||
| GRF | 226-200 | Maintenance | $ | 704,154 | $ | 704,154 | 62658 | ||||
| GRF | 226-300 | Equipment | $ | 113,288 | $ | 113,288 | 62659 | ||||
| TOTAL GRF General Revenue Fund | $ | 7,910,569 | $ | 8,336,760 | 62660 | ||||||
| General Services Fund Group | 62661 |
| 4H8 | 226-602 | School Improvement Grants | $ | 37,514 | $ | 37,514 | 62662 | ||||
| TOTAL GSF General Services | 62663 | ||||||||||
| Fund Group | $ | 37,514 | $ | 37,514 | 62664 | ||||||
| Federal Special Revenue Fund Group | 62665 |
| 3P5 | 226-643 | Medicaid Services Reimbursement | $ | 50,000 | $ | 50,000 | 62666 | ||||
| 310 | 226-626 | Multi-Handicapped Student Support | $ | 2,527,105 | $ | 2,527,105 | 62667 | ||||
| TOTAL FED Federal Special | 62668 | ||||||||||
| Revenue Fund Group | $ | 2,577,105 | $ | 2,577,105 | 62669 | ||||||
| State Special Revenue Fund Group | 62670 |
| 4M5 | 226-601 | Work Study and Donations | $ | 217,397 | $ | 217,397 | 62671 | ||||
| TOTAL SSR State Special Revenue | 62672 | ||||||||||
| Fund Group | $ | 217,397 | $ | 217,397 | 62673 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 10,742,585 | $ | 11,168,776 | 62674 | ||||||
| Section 389.10. OSD OHIO SCHOOL FOR THE DEAF | 62676 |
| General Revenue Fund | 62677 |
| GRF | 221-100 | Personal Services | $ | 8,775,363 | $ | 9,263,862 | 62678 | ||||
| GRF | 221-200 | Maintenance | $ | 1,033,092 | $ | 1,033,092 | 62679 | ||||
| GRF | 221-300 | Equipment | $ | 222,500 | $ | 222,500 | 62680 | ||||
| TOTAL GRF General Revenue Fund | $ | 10,030,955 | $ | 10,519,454 | 62681 | ||||||
| General Services Fund Group | 62682 |
| 4M1 | 221-602 | School Improvement Grants | $ | 38,000 | $ | 38,000 | 62683 | ||||
| TOTAL GSF General Services | 62684 | ||||||||||
| Fund Group | $ | 38,000 | $ | 38,000 | 62685 | ||||||
| Federal Special Revenue Fund Group | 62686 |
| 3AD | 221-604 | VREAL Ohio | $ | 25,000 | $ | 25,000 | 62687 | ||||
| 3R0 | 221-684 | Medicaid Services | $ | 34,999 | $ | 34,999 | 62688 | ||||
| Reimbursement | 62689 | ||||||||||
| 3Y1 | 221-686 | Federal Early Childhood Grant | $ | 250,000 | $ | 250,000 | 62690 | ||||
| 311 | 221-625 | Statewide Outreach | $ | 2,470,135 | $ | 2,470,135 | 62691 | ||||
| TOTAL FED Federal Special | 62692 | ||||||||||
| Revenue Fund Group | $ | 2,780,134 | $ | 2,780,134 | 62693 | ||||||
| State Special Revenue Fund Group | 62694 |
| 4M0 | 221-601 | Work Study and Donations | $ | 95,000 | $ | 95,000 | 62695 | ||||
| 5H6 | 221-609 | Preschool Program Support | $ | 127,832 | $ | 125,358 | 62696 | ||||
| TOTAL SSR State Special Revenue | 62697 | ||||||||||
| Fund Group | $ | 222,832 | $ | 220,358 | 62698 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 13,071,921 | $ | 13,557,946 | 62699 | ||||||
| Section 391.10. SFC SCHOOL FACILITIES COMMISSION | 62701 |
| General Revenue Fund | 62702 |
| GRF | 230-428 | Lease Rental Payments | $ | 22,702,000 | $ | 0 | 62703 | ||||
| GRF | 230-908 | Common Schools General Obligation Debt Service | $ | 270,529,980 | $ | 322,665,885 | 62704 | ||||
| TOTAL GRF General Revenue Fund | $ | 293,231,980 | $ | 322,665,885 | 62705 | ||||||
| State Special Revenue Fund Group | 62706 |
| 5E3 | 230-644 | Operating Expenses | $ | 7,749,813 | $ | 7,786,197 | 62707 | ||||
| TOTAL SSR State Special Revenue | 62708 | ||||||||||
| Fund Group | $ | 7,749,813 | $ | 7,786,197 | 62709 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 300,981,793 | $ | 330,452,082 | 62710 | ||||||
| Section 391.20. LEASE RENTAL PAYMENTS | 62712 |
| The foregoing appropriation item 230-428, Lease Rental | 62713 |
| Payments, shall be used to meet all payments at the times they are | 62714 |
| required to be made during the period from July 1, 2007, to June | 62715 |
| 30, 2009, by the Ohio School Facilities Commission under leases | 62716 |
| and agreements made under section 3318.26 of the Revised Code. | 62717 |
| COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE | 62718 |
| The foregoing appropriation item 230-908, Common Schools | 62719 |
| General Obligation Debt Service, shall be used to pay all debt | 62720 |
| service and related financing costs at the times they are required | 62721 |
| to be made for obligations issued during the period from July 1, | 62722 |
| 2007, through June 30, 2009, under sections 151.01 and 151.03 of | 62723 |
| the Revised Code. | 62724 |
| OPERATING EXPENSES | 62725 |
| The foregoing appropriation item 230-644, Operating Expenses, | 62726 |
| shall be used by the Ohio School Facilities Commission to carry | 62727 |
| out its responsibilities under this section and Chapter 3318. of | 62728 |
| the Revised Code. | 62729 |
| In both fiscal years 2008 and 2009, the Executive Director of | 62730 |
| the Ohio School Facilities Commission shall certify on a quarterly | 62731 |
| basis to the Director of Budget and Management the amount of cash | 62732 |
| from interest earnings to be transferred from the School Building | 62733 |
| Assistance Fund (Fund 032), the Public School Building Fund (Fund | 62734 |
| 021), and the Educational Facilities Trust Fund (Fund N87) to the | 62735 |
| Ohio School Facilities Commission Fund (Fund 5E3). The amount | 62736 |
| transferred from the School Building Assistance Fund (Fund 032) | 62737 |
| may not exceed investment earnings credited to the fund, less any | 62738 |
| amount required to be paid for federal arbitrage rebate purposes. | 62739 |
| SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION | 62740 |
| At the request of the Executive Director of the Ohio School | 62741 |
| Facilities Commission, the Director of Budget and Management may | 62742 |
| cancel encumbrances for school district projects from a previous | 62743 |
| biennium if the district has not raised its local share of project | 62744 |
| costs within one year of receiving Controlling Board approval | 62745 |
| under section 3318.05 of the Revised Code. The Executive Director | 62746 |
| of the Ohio School Facilities Commission shall certify the amounts | 62747 |
| of the canceled encumbrances to the Director of Budget and | 62748 |
| Management on a quarterly basis. The amounts of the canceled | 62749 |
| encumbrances are hereby appropriated. | 62750 |
| Section 391.30. EXTREME ENVIRONMENTAL CONTAMINATION OF SCHOOL | 62751 |
| FACILITIES | 62752 |
| Notwithstanding any other provision of law to the contrary, | 62753 |
| the Ohio School Facilities Commission may provide assistance under | 62754 |
| the Exceptional Needs School Facilities Program established in | 62755 |
| section 3318.37 of the Revised Code to any school district, and | 62756 |
| not exclusively to a school district in the lowest seventy-five | 62757 |
| per cent of adjusted valuation per pupil on the current ranking of | 62758 |
| school districts established under section 3317.02 of the Revised | 62759 |
| Code, for the purpose of the relocation or replacement of school | 62760 |
| facilities required as a result of extreme environmental | 62761 |
| contamination. | 62762 |
| The Ohio School Facilities Commission shall contract with an | 62763 |
| independent environmental consultant to conduct a study and to | 62764 |
| report to the commission as to the seriousness of the | 62765 |
| environmental contamination, whether the contamination violates | 62766 |
| applicable state and federal standards, and whether the facilities | 62767 |
| are no longer suitable for use as school facilities. The | 62768 |
| commission then shall make a determination regarding funding for | 62769 |
| the relocation or replacement of the school facilities. If the | 62770 |
| federal government or other public or private entity provides | 62771 |
| funds for restitution of costs incurred by the state or school | 62772 |
| district in the relocation or replacement of the school | 62773 |
| facilities, the school district shall use such funds in excess of | 62774 |
| the school district's share to refund the state for the state's | 62775 |
| contribution to the environmental contamination portion of the | 62776 |
| project. The school district may apply an amount of such | 62777 |
| restitution funds up to an amount equal to the school district's | 62778 |
| portion of the project, as defined by the commission, toward | 62779 |
| paying its portion of that project to reduce the amount of bonds | 62780 |
| the school district otherwise must issue to receive state | 62781 |
| assistance under sections 3318.01 to 3318.20 of the Revised Code. | 62782 |
| Section 391.40. CANTON CITY SCHOOL DISTRICT PROJECT | 62783 |
| (A) The Ohio School Facilities Commission may commit up to | 62784 |
| thirty-five million dollars to the Canton City School District for | 62785 |
| construction of a facility described in this section, in lieu of a | 62786 |
| high school that would otherwise be authorized under Chapter 3318. | 62787 |
| of the Revised Code. The Commission shall not commit funds under | 62788 |
| this section unless all of the following conditions are met: | 62789 |
| (1) The District has entered into a cooperative agreement | 62790 |
| with a state-assisted technical college. | 62791 |
| (2) The District has received an irrevocable commitment of | 62792 |
| additional funding from nonpublic sources. | 62793 |
| (3) The facility is intended to serve both secondary and | 62794 |
| postsecondary instructional purposes. | 62795 |
| (B) The Commission shall enter into an agreement with the | 62796 |
| District for the construction of the facility authorized under | 62797 |
| this section that is separate from and in addition to the | 62798 |
| agreement required for the District's participation in the | 62799 |
| Classroom Facilities Assistance Program under section 3318.08 of | 62800 |
| the Revised Code. Notwithstanding that section and sections | 62801 |
| 3318.03, 3318.04, and 3318.083 of the Revised Code, the additional | 62802 |
| agreement shall provide, but not be limited to, the following: | 62803 |
| (1) The Commission shall not have any oversight | 62804 |
| responsibilities over the construction of the facility. | 62805 |
| (2) The facility need not comply with the specifications for | 62806 |
| plans and materials for high schools adopted by the Commission. | 62807 |
| (3) The Commission may decrease the basic project cost that | 62808 |
| would otherwise be calculated for a high school under Chapter | 62809 |
| 3318. of the Revised Code. | 62810 |
| (4) The state shall not share in any increases in the basic | 62811 |
| project cost for the facility above the amount authorized under | 62812 |
| this section. | 62813 |
| All other provisions of Chapter 3318. of the Revised Code | 62814 |
| apply to the approval and construction of a facility authorized | 62815 |
| under this section. | 62816 |
| The state funds committed to the facility authorized by this | 62817 |
| section shall be part of the total amount the state commits to the | 62818 |
| Canton City School District under Chapter 3318. of the Revised | 62819 |
| Code. All additional state funds committed to the Canton City | 62820 |
| School District for classroom facilities assistance shall be | 62821 |
| subject to all provisions of Chapter 3318. of the Revised Code. | 62822 |
| Section 391.50. CAREER-TECHNICAL LOAN PROGRAM | 62823 |
| Within thirty days after the effective date of this section, | 62824 |
| or as soon as possible thereafter, the Executive Director of the | 62825 |
| Ohio School Facilities Commission shall certify the cash balance | 62826 |
| in the Career-Technical School Building Assistance Fund (Fund 020) | 62827 |
| to the Director of Budget and Management, who shall transfer that | 62828 |
| amount to the Public School Building Fund (Fund 021) and abolish | 62829 |
| the Career-Technical School Building Assistance Fund (Fund 020). | 62830 |
| All repayments of current loans approved under section | 62831 |
| 3318.48 of the Revised Code, which is repealed by this act, shall | 62832 |
| be deposited to the credit of the Public School Building Fund | 62833 |
| (Fund 021). Should a district fail to submit the annual | 62834 |
| installment of the loan repayment within sixty days after the due | 62835 |
| date, the Department of Education, upon the request of the | 62836 |
| Executive Director of the Ohio School Facilities Commission, shall | 62837 |
| deduct the amount of the installment from payments due to a | 62838 |
| district under Chapter 3317. of the Revised Code or from any other | 62839 |
| funds appropriated to the district by the General Assembly, and | 62840 |
| shall transfer that amount to the Commission to the credit of the | 62841 |
| Public School Building Fund (Fund 021). | 62842 |
| Section 393.10. SOS SECRETARY OF STATE | 62843 |
| General Revenue Fund | 62844 |
| GRF | 050-321 | Operating Expenses | $ | 2,585,000 | $ | 2,585,000 | 62845 | ||||
| GRF | 050-403 | Election Statistics | $ | 103,936 | $ | 103,936 | 62846 | ||||
| GRF | 050-407 | Pollworkers Training | $ | 277,997 | $ | 277,997 | 62847 | ||||
| GRF | 050-409 | Litigation Expenditures | $ | 4,652 | $ | 4,652 | 62848 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,971,585 | $ | 2,971,585 | 62849 | ||||||
| General Services Fund Group | 62850 |
| 4S8 | 050-610 | Board of Voting Machine Examiners | $ | 7,200 | $ | 7,200 | 62851 | ||||
| 412 | 050-609 | Notary Commission | $ | 685,249 | $ | 685,249 | 62852 | ||||
| 413 | 050-601 | Information Systems | $ | 119,955 | $ | 119,955 | 62853 | ||||
| 414 | 050-602 | Citizen Education Fund | $ | 55,712 | $ | 55,712 | 62854 | ||||
| TOTAL General Services Fund Group | $ | 868,116 | $ | 868,116 | 62855 | ||||||
| Federal Special Revenue Fund Group | 62856 |
| 3AH | 050-614 | Election Reform/Health and Human Services | $ | 1,000,000 | $ | 1,000,000 | 62857 | ||||
| 3AS | 050-616 | 2005 HAVA Voting Machines | $ | 3,750,000 | $ | 3,750,000 | 62858 | ||||
| 3X4 | 050-612 | Ohio Center/Law Related Educational Grant | $ | 41,000 | $ | 41,000 | 62859 | ||||
| TOTAL FED Federal Special Revenue | 62860 | ||||||||||
| Fund Group | $ | 4,791,000 | $ | 4,791,000 | 62861 | ||||||
| State Special Revenue Fund Group | 62862 |
| 5N9 | 050-607 | Technology Improvements | $ | 129,565 | $ | 129,565 | 62863 | ||||
| 599 | 050-603 | Business Services Operating Expenses | $ | 13,761,734 | $ | 13,761,734 | 62864 | ||||
| TOTAL SSR State Special Revenue | 62865 | ||||||||||
| Fund Group | $ | 13,891,299 | $ | 13,891,299 | 62866 | ||||||
| Holding Account Redistribution Fund Group | 62867 |
| R01 | 050-605 | Uniform Commercial Code Refunds | $ | 30,000 | $ | 30,000 | 62868 | ||||
| R02 | 050-606 | Corporate/Business Filing Refunds | $ | 85,000 | $ | 85,000 | 62869 | ||||
| TOTAL 090 Holding Account | 62870 | ||||||||||
| Redistribution Fund Group | $ | 115,000 | $ | 115,000 | 62871 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 22,637,000 | $ | 22,637,000 | 62872 | ||||||
| BOARD OF VOTING MACHINE EXAMINERS | 62873 |
| The foregoing appropriation item 050-610, Board of Voting | 62874 |
| Machine Examiners, shall be used to pay for the services and | 62875 |
| expenses of the members of the Board of Voting Machine Examiners, | 62876 |
| and for other expenses that are authorized to be paid from the | 62877 |
| Board of Voting Machine Examiners Fund, which is created in | 62878 |
| section 3506.05 of the Revised Code. Moneys not used shall be | 62879 |
| returned to the person or entity submitting the equipment for | 62880 |
| examination. If it is determined that additional appropriations | 62881 |
| are necessary, such amounts are appropriated. | 62882 |
| 2005 HAVA VOTING MACHINES | 62883 |
| On July 1, 2008, or as soon as possible thereafter, the | 62884 |
| Director of Budget and Management shall transfer any remaining | 62885 |
| unexpended, unencumbered appropriations in Fund 3AS, appropriation | 62886 |
| item 050-616, 2005 HAVA Voting Machines, for use in fiscal year | 62887 |
| 2009. The transferred amount is hereby appropriated. | 62888 |
| On July 1, 2008, or as soon as possible thereafter, the | 62889 |
| Director of Budget and Management shall transfer any remaining | 62890 |
| unexpended, unencumbered appropriations in Fund 3AH, appropriation | 62891 |
| item 050-614, Election Reform/Health and Human Services Fund, for | 62892 |
| use in fiscal year 2009. The transferred amount is hereby | 62893 |
| appropriated. | 62894 |
| Ongoing interest earnings from the federal Election | 62895 |
| Reform/Health and Human Services Fund (Fund 3AH) and the 2005 HAVA | 62896 |
| Voting Machines Fund (Fund 3AS) shall be credited to the | 62897 |
| respective funds and distributed in accordance with the terms of | 62898 |
| the grant under which the money is received. | 62899 |
| HOLDING ACCOUNT REDISTRIBUTION GROUP | 62900 |
| The foregoing appropriation items 050-605 and 050-606, | 62901 |
| Holding Account Redistribution Fund Group, shall be used to hold | 62902 |
| revenues until they are directed to the appropriate accounts or | 62903 |
| until they are refunded. If it is determined that additional | 62904 |
| appropriations are necessary, such amounts are appropriated. | 62905 |
| Section 395.10. SEN THE OHIO SENATE | 62906 |
| General Revenue Fund | 62907 |
| GRF | 020-321 | Operating Expenses | $ | 11,778,439 | $ | 11,778,439 | 62908 | ||||
| TOTAL GRF General Revenue Fund | $ | 11,778,439 | $ | 11,778,439 | 62909 | ||||||
| General Services Fund Group | 62910 |
| 102 | 020-602 | Senate Reimbursement | $ | 448,465 | $ | 448,465 | 62911 | ||||
| 409 | 020-601 | Miscellaneous Sales | $ | 34,497 | $ | 34,497 | 62912 | ||||
| TOTAL GSF General Services | 62913 | ||||||||||
| Fund Group | $ | 482,962 | $ | 482,962 | 62914 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 12,261,401 | $ | 12,261,401 | 62915 | ||||||
| OPERATING EXPENSES | 62916 |
| On July 1, 2007, or as soon as possible thereafter, the Clerk | 62917 |
| of the Senate shall certify to the Director of Budget and | 62918 |
| Management the total fiscal year 2007 unencumbered appropriations | 62919 |
| in appropriation item 020-321, Operating Expenses. The Clerk may | 62920 |
| direct the Director of Budget and Management to transfer an amount | 62921 |
| not to exceed the total fiscal year 2007 unencumbered | 62922 |
| appropriations to fiscal year 2008 for use within appropriation | 62923 |
| item 020-321, Operating Expenses. Additional appropriation | 62924 |
| authority equal to the amount certified by the Clerk is hereby | 62925 |
| appropriated to appropriation item 020-321, Operating Expenses, in | 62926 |
| fiscal year 2008. | 62927 |
| On July 1, 2008, or as soon as possible thereafter, the Clerk | 62928 |
| of the Senate shall certify to the Director of Budget and | 62929 |
| Management the total fiscal year 2008 unencumbered appropriations | 62930 |
| in appropriation item 020-321, Operating Expenses. The Clerk may | 62931 |
| direct the Director of Budget and Management to transfer an amount | 62932 |
| not to exceed the total fiscal year 2008 unencumbered | 62933 |
| appropriations to fiscal year 2009 for use within appropriation | 62934 |
| item 020-321, Operating Expenses. Additional appropriation | 62935 |
| authority equal to the amount certified by the Clerk is hereby | 62936 |
| appropriated to appropriation item 020-321, Operating Expenses, in | 62937 |
| fiscal year 2009. | 62938 |
| Section 397.10. CSF COMMISSIONERS OF THE SINKING FUND | 62939 |
| Debt Service Fund Group | 62940 |
| 070 | 155-905 | Third Frontier Research & Development Bond Retirement Fund | $ | 14,349,500 | $ | 25,023,400 | 62941 | ||||
| 072 | 155-902 | Highway Capital Improvement Bond Retirement Fund | $ | 202,694,900 | $ | 205,139,500 | 62942 | ||||
| 073 | 155-903 | Natural Resources Bond Retirement Fund | $ | 24,713,800 | $ | 25,723,000 | 62943 | ||||
| 074 | 155-904 | Conservation Projects Bond Service Fund | $ | 14,847,200 | $ | 19,779,200 | 62944 | ||||
| 076 | 155-906 | Coal Research and Development Bond Retirement Fund | $ | 7,232,400 | $ | 8,192,500 | 62945 | ||||
| 077 | 155-907 | State Capital Improvement Bond Retirement Fund | $ | 178,713,600 | $ | 189,296,300 | 62946 | ||||
| 078 | 155-908 | Common Schools Bond Retirement Fund | $ | 292,268,400 | $ | 342,148,300 | 62947 | ||||
| 079 | 155-909 | Higher Education Bond Retirement Fund | $ | 175,972,400 | $ | 210,372,200 | 62948 | ||||
| 090 | 155-912 | Job Ready Site Development Bond Retirement Fund | $ | 4,359,400 | $ | 8,232,500 | 62949 | ||||
| TOTAL DSF Debt Service Fund Group | $ | 915,151,600 | $ | 1,033,906,900 | 62950 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 915,151,600 | $ | 1,033,906,900 | 62951 | ||||||
| ADDITIONAL APPROPRIATIONS | 62952 |
| Appropriation items in this section are for the purpose of | 62953 |
| paying debt service and financing costs on bonds or notes of the | 62954 |
| state issued under the Ohio Constitution and acts of the General | 62955 |
| Assembly. If it is determined that additional appropriations are | 62956 |
| necessary for this purpose, such amounts are hereby appropriated. | 62957 |
| Section 399.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY | 62958 |
| DEVELOPMENT FOUNDATION | 62959 |
| General Revenue Fund | 62960 |
| GRF | 945-321 | Operating Expenses | $ | 0 | $ | 475,220 | 62961 | ||||
| GRF | 945-501 | Southern Ohio Agricultural and Community Development Foundation | $ | 0 | $ | 7,513,251 | 62962 | ||||
| TOTAL GRF General Revenue Fund | $ | 0 | $ | 7,988,471 | 62963 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 0 | $ | 7,988,471 | 62964 | ||||||
| SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT | 62965 |
| FOUNDATION | 62966 |
| The foregoing appropriation item 945-321, Operating Expenses, | 62967 |
| shall be used for the operating expenses of the Southern Ohio | 62968 |
| Agricultural and Community Development Foundation in administering | 62969 |
| programs under section 183.15 of the Revised Code. | 62970 |
| The foregoing appropriation item 945-501, Southern Ohio | 62971 |
| Agricultural and Community Development Foundation, shall be used | 62972 |
| by the Southern Ohio Agricultural and Community Development | 62973 |
| Foundation for programs administered under section 183.15 of the | 62974 |
| Revised Code. | 62975 |
| Section 401.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY & | 62976 |
| AUDIOLOGY | 62977 |
| General Services Fund Group | 62978 |
| 4K9 | 886-609 | Operating Expenses | $ | 430,600 | $ | 453,000 | 62979 | ||||
| TOTAL GSF General Services | 62980 | ||||||||||
| Fund Group | $ | 430,600 | $ | 453,000 | 62981 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 430,600 | $ | 453,000 | 62982 | ||||||
| Section 403.10. BTA BOARD OF TAX APPEALS | 62984 |
| General Revenue Fund | 62985 |
| GRF | 116-321 | Operating Expenses | $ | 2,247,476 | $ | 2,281,188 | 62986 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,247,476 | $ | 2,281,188 | 62987 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,247,476 | $ | 2,281,188 | 62988 | ||||||
| Section 405.10. TAX DEPARTMENT OF TAXATION | 62990 |
| General Revenue Fund | 62991 |
| GRF | 110-321 | Operating Expenses | $ | 92,040,062 | $ | 92,440,062 | 62992 | ||||
| GRF | 110-404 | Tobacco Settlement Enforcement | $ | 0 | $ | 328,034 | 62993 | ||||
| GRF | 110-412 | Child Support Administration | $ | 71,680 | $ | 71,680 | 62994 | ||||
| GRF | 110-901 | Property Tax Allocation - Taxation | $ | 446,953,165 | $ | 478,613,618 | 62995 | ||||
| GRF | 110-906 | Tangible Tax Exemption - Taxation | $ | 9,177,962 | $ | 4,588,981 | 62996 | ||||
| TOTAL GRF General Revenue Fund | $ | 548,242,869 | $ | 576,042,375 | 62997 | ||||||
| General Services Fund Group | 62998 |
| 433 | 110-602 | Tape File Account | $ | 125,000 | $ | 140,000 | 62999 | ||||
| 5BQ | 110-629 | Commercial Activity Tax Administration | $ | 6,000,000 | $ | 6,000,000 | 63000 | ||||
| 5W4 | 110-625 | Centralized Tax Filing and Payment | $ | 400,000 | $ | 200,000 | 63001 | ||||
| 5W7 | 110-627 | Exempt Facility Administration | $ | 100,000 | $ | 150,000 | 63002 | ||||
| 5CZ | 110-631 | Vendor's License Application | $ | 1,000,000 | $ | 1,000,000 | 63003 | ||||
| TOTAL GSF General Services | 63004 | ||||||||||
| Fund Group | $ | 7,625,000 | $ | 7,490,000 | 63005 | ||||||
| State Special Revenue Fund Group | 63006 |
| 4C6 | 110-616 | International Registration Plan | $ | 706,855 | $ | 706,855 | 63007 | ||||
| 4R6 | 110-610 | Tire Tax Administration | $ | 125,000 | $ | 150,000 | 63008 | ||||
| 435 | 110-607 | Local Tax Administration | $ | 17,250,000 | $ | 17,250,000 | 63009 | ||||
| 436 | 110-608 | Motor Vehicle Audit | $ | 1,200,000 | $ | 1,200,000 | 63010 | ||||
| 437 | 110-606 | Litter Tax and Natural Resource Tax Administration | $ | 675,000 | $ | 800,000 | 63011 | ||||
| 438 | 110-609 | School District Income Tax | $ | 3,600,000 | $ | 3,600,000 | 63012 | ||||
| 5N5 | 110-605 | Municipal Income Tax Administration | $ | 500,000 | $ | 500,000 | 63013 | ||||
| 5N6 | 110-618 | Kilowatt Hour Tax Administration | $ | 125,000 | $ | 175,000 | 63014 | ||||
| 5V7 | 110-622 | Motor Fuel Tax Administration | $ | 4,700,000 | $ | 5,000,000 | 63015 | ||||
| 5V8 | 110-623 | Property Tax Administration | $ | 13,500,000 | $ | 13,500,000 | 63016 | ||||
| 639 | 110-614 | Cigarette Tax Enforcement | $ | 100,000 | $ | 100,000 | 63017 | ||||
| 642 | 110-613 | Ohio Political Party Distributions | $ | 600,000 | $ | 600,000 | 63018 | ||||
| 688 | 110-615 | Local Excise Tax Administration | $ | 210,000 | $ | 180,000 | 63019 | ||||
| TOTAL SSR State Special Revenue | 63020 | ||||||||||
| Fund Group | $ | 43,291,855 | $ | 43,761,855 | 63021 | ||||||
| Agency Fund Group | 63022 |
| 095 | 110-995 | Municipal Income Tax | $ | 21,000,000 | $ | 21,000,000 | 63023 | ||||
| 425 | 110-635 | Tax Refunds | $ | 1,565,900,000 | $ | 1,546,800,000 | 63024 | ||||
| TOTAL AGY Agency Fund Group | $ | 1,586,900,000 | $ | 1,567,800,000 | 63025 | ||||||
| Holding Account Redistribution Fund Group | 63026 |
| R10 | 110-611 | Tax Distributions | $ | 50,000 | $ | 50,000 | 63027 | ||||
| R11 | 110-612 | Miscellaneous Income Tax Receipts | $ | 50,000 | $ | 50,000 | 63028 | ||||
| TOTAL 090 Holding Account | 63029 | ||||||||||
| Redistribution Fund Group | $ | 100,000 | $ | 100,000 | 63030 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,186,159,724 | $ | 2,195,194,230 | 63031 | ||||||
| HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX | 63032 |
| EXEMPTION | 63033 |
| The foregoing appropriation item 110-901, Property Tax | 63034 |
| Allocation - Taxation, is hereby appropriated to pay for the | 63035 |
| state's costs incurred because of the Homestead Exemption, the | 63036 |
| Manufactured Home Property Tax Rollback, and the Property Tax | 63037 |
| Rollback. The Tax Commissioner shall distribute these funds | 63038 |
| directly to the appropriate local taxing districts, except for | 63039 |
| school districts, notwithstanding the provisions in sections | 63040 |
| 321.24 and 323.156 of the Revised Code, which provide for payment | 63041 |
| of the Homestead Exemption, the Manufactured Home Property Tax | 63042 |
| Rollback, and Property Tax Rollback by the Tax Commissioner to the | 63043 |
| appropriate county treasurer and the subsequent redistribution of | 63044 |
| these funds to the appropriate local taxing districts by the | 63045 |
| county auditor. | 63046 |
| The foregoing appropriation item 110-906, Tangible Tax | 63047 |
| Exemption - Taxation, is hereby appropriated to pay for the | 63048 |
| state's costs incurred because of the tangible personal property | 63049 |
| tax exemption required by division (C)(3) of section 5709.01 of | 63050 |
| the Revised Code. The Tax Commissioner shall distribute to each | 63051 |
| county treasurer the total amount appearing in the notification | 63052 |
| from the county treasurer under division (G) of section 321.24 of | 63053 |
| the Revised Code for all local taxing districts located in the | 63054 |
| county except for school districts, notwithstanding the provision | 63055 |
| in section 321.24 of the Revised Code which provides for payment | 63056 |
| of the $10,000 tangible personal property tax exemption by the Tax | 63057 |
| Commissioner to the appropriate county treasurer for all local | 63058 |
| taxing districts located in the county including school districts. | 63059 |
| The county auditor shall distribute the amount paid by the Tax | 63060 |
| Commissioner among the appropriate local taxing districts except | 63061 |
| for school districts under division (G) of section 321.24 of the | 63062 |
| Revised Code. | 63063 |
| Upon receipt of these amounts, each local taxing district | 63064 |
| shall distribute the amount among the proper funds as if it had | 63065 |
| been paid as real or tangible personal property taxes. Payments | 63066 |
| for the costs of administration shall continue to be paid to the | 63067 |
| county treasurer and county auditor as provided for in sections | 63068 |
| 319.54, 321.26, and 323.156 of the Revised Code. | 63069 |
| Any sums, in addition to the amounts specifically | 63070 |
| appropriated in appropriation items 110-901, Property Tax | 63071 |
| Allocation - Taxation, for the Homestead Exemption, the | 63072 |
| Manufactured Home Property Tax Rollback, and the Property Tax | 63073 |
| Rollback payments, and 110-906, Tangible Tax Exemption - Taxation, | 63074 |
| for the $10,000 tangible personal property tax exemption payments, | 63075 |
| which are determined to be necessary for these purposes, are | 63076 |
| hereby appropriated. | 63077 |
| MUNICIPAL INCOME TAX | 63078 |
| The foregoing appropriation item 110-995, Municipal Income | 63079 |
| Tax, shall be used to make payments to municipal corporations | 63080 |
| under section 5745.05 of the Revised Code. If it is determined | 63081 |
| that additional appropriations are necessary to make these | 63082 |
| payments, such amounts are hereby appropriated. | 63083 |
| TAX REFUNDS | 63084 |
| The foregoing appropriation item 110-635, Tax Refunds, shall | 63085 |
| be used to pay refunds under section 5703.052 of the Revised Code. | 63086 |
| If it is determined that additional appropriations are necessary | 63087 |
| for this purpose, such amounts are hereby appropriated. | 63088 |
| INTERNATIONAL REGISTRATION PLAN AUDIT | 63089 |
| The foregoing appropriation item 110-616, International | 63090 |
| Registration Plan, shall be used under section 5703.12 of the | 63091 |
| Revised Code for audits of persons with vehicles registered under | 63092 |
| the International Registration Plan. | 63093 |
| TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT | 63094 |
| Of the foregoing appropriation item 110-607, Local Tax | 63095 |
| Administration, the Tax Commissioner may disburse funds, if | 63096 |
| available, for the purposes of paying travel expenses incurred by | 63097 |
| members of Ohio's delegation to the Streamlined Sales Tax Project, | 63098 |
| as appointed under section 5740.02 of the Revised Code. Any travel | 63099 |
| expense reimbursement paid for by the Department of Taxation shall | 63100 |
| be done in accordance with applicable state laws and guidelines. | 63101 |
| LITTER CONTROL TAX ADMINISTRATION FUND | 63102 |
| Notwithstanding section 5733.12 of the Revised Code, during | 63103 |
| the period from July 1, 2007, to June 30, 2008, the amount of | 63104 |
| $675,000, and during the period from July 1, 2008, to June 30, | 63105 |
| 2009, the amount of $800,000, received by the Tax Commissioner | 63106 |
| under Chapter 5733. of the Revised Code, shall be credited to the | 63107 |
| Litter Control Tax Administration Fund (Fund 437). | 63108 |
| CENTRALIZED TAX FILING AND PAYMENT FUND | 63109 |
| The Director of Budget and Management, under a plan submitted | 63110 |
| by the Tax Commissioner, or as otherwise determined by the | 63111 |
| Director of Budget and Management, shall set a schedule to | 63112 |
| transfer cash from the General Revenue Fund to the credit of the | 63113 |
| Centralized Tax Filing and Payment Fund (Fund 5W4). The transfers | 63114 |
| of cash shall not exceed $600,000 in the biennium. | 63115 |
| COMMERCIAL ACTIVITY TAX ADMINISTRATION FUND | 63116 |
| The foregoing appropriation item 110-629, Commercial Activity | 63117 |
| Tax Administration Fund (Fund 5BQ), shall be used to pay expenses | 63118 |
| incurred by the Department of Taxation to implement and administer | 63119 |
| the Commercial Activity Tax under Chapter 5751. of the Revised | 63120 |
| Code. | 63121 |
| Notwithstanding section 3734.9010, division (B)(2)(c) of | 63122 |
| section 4505.09, division (B) of section 5703.12, section 5703.80, | 63123 |
| division (C)(6) of section 5727.81, sections 5733.122 and | 63124 |
| 5735.053, division (C) of section 5739.21, section 5745.03, | 63125 |
| section 5743.024, section 5743.15, division (C) of section | 63126 |
| 5747.03, and section 5747.113 of the Revised Code or any other | 63127 |
| provisions to the contrary, any residual cash balances determined | 63128 |
| and certified by the Tax Commissioner to the Director of Budget | 63129 |
| and Management shall be transferred on July 1, 2007, or as soon as | 63130 |
| possible thereafter, to the Commercial Activities Tax | 63131 |
| Administration Fund (Fund 5BQ). | 63132 |
| TOBACCO SETTLEMENT ENFORCEMENT | 63133 |
| The foregoing appropriation item 110-404, Tobacco Settlement | 63134 |
| Enforcement, shall be used by the Tax Commissioner to pay costs | 63135 |
| incurred in the enforcement of divisions (F) and (G) of section | 63136 |
| 5743.03 of the Revised Code. | 63137 |
| Section 407.10. DOT DEPARTMENT OF TRANSPORTATION | 63138 |
| 63139 |
| General Revenue Fund | 63140 |
| GRF | 775-451 | Public Transportation - State | $ | 16,700,000 | $ | 17,000,000 | 63141 | ||||
| GRF | 776-465 | Ohio Rail Development Commission | $ | 2,700,000 | $ | 2,700,000 | 63142 | ||||
| GRF | 776-466 | Railroad Crossing/Grade Separation | $ | 789,600 | $ | 789,600 | 63143 | ||||
| GRF | 777-471 | Airport Improvements - State | $ | 3,293,985 | $ | 1,794,003 | 63144 | ||||
| TOTAL GRF General Revenue Fund | $ | 23,483,585 | $ | 22,283,603 | 63145 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 23,483,585 | $ | 22,283,603 | 63146 | ||||||
| PUBLIC TRANSPORTATION - STATE | 63147 |
| Of the foregoing GRF appropriation item 775-451, Public | 63148 |
| Transportation - State, $200,000 in fiscal year 2008 shall be used | 63149 |
| for the Cleveland Metropolitan Park District West Creek Project. | 63150 |
| TRANSPORTATION STUDY | 63151 |
| Of the foregoing appropriation item 775-451, Public | 63152 |
| Transportation-State, $50,000 in fiscal year 2008 shall be used | 63153 |
| for a Franklin County school transportation study to determine the | 63154 |
| feasibility of a countywide pupil transportation system. | 63155 |
| AIRPORT IMPROVEMENTS | 63156 |
| Of the foregoing appropriation item 777-471, Airport | 63157 |
| Improvements - State, $1,500,000 in fiscal year 2008 shall be used | 63158 |
| for air travel and support and economic development of statewide | 63159 |
| airports. The Directors of Development and Transportation may | 63160 |
| enter into one or more interagency agreements between their two | 63161 |
| departments as necessary to implement a statewide strategy to | 63162 |
| enhance Ohio's airports as centers of regional economic | 63163 |
| development. | 63164 |
| Of the foregoing appropriation item 777-471, Airport | 63165 |
| Improvements-State, $1,500,000 in fiscal year 2008 shall be used | 63166 |
| for Cleveland Hopkins Airport projects to support increased | 63167 |
| service and expand the existing hub, as defined in 49 U.S.C. | 63168 |
| 40102, Infrastructure. | 63169 |
| Section 409.10. TOS TREASURER OF STATE | 63170 |
| General Revenue Fund | 63171 |
| GRF | 090-321 | Operating Expenses | $ | 9,313,195 | $ | 9,313,195 | 63172 | ||||
| GRF | 090-401 | Office of the Sinking | $ | 537,223 | $ | 537,223 | 63173 | ||||
| Fund | 63174 | ||||||||||
| GRF | 090-402 | Continuing Education | $ | 448,843 | $ | 448,843 | 63175 | ||||
| GRF | 090-524 | Police and Fire | $ | 14,000 | $ | 12,000 | 63176 | ||||
| Disability Pension Fund | 63177 | ||||||||||
| GRF | 090-534 | Police & Fire Ad Hoc Cost | $ | 140,000 | $ | 130,000 | 63178 | ||||
| of Living | 63179 | ||||||||||
| GRF | 090-554 | Police and Fire Survivor | $ | 910,000 | $ | 865,000 | 63180 | ||||
| Benefits | 63181 | ||||||||||
| GRF | 090-575 | Police and Fire Death | $ | 20,000,000 | $ | 20,000,000 | 63182 | ||||
| Benefits | 63183 | ||||||||||
| TOTAL GRF General Revenue Fund | $ | 31,363,261 | $ | 31,306,261 | 63184 | ||||||
| General Services Fund Group | 63185 |
| 4E9 | 090-603 | Securities Lending Income | $ | 3,164,000 | $ | 3,314,000 | 63186 | ||||
| 577 | 090-605 | Investment Pool | $ | 550,000 | $ | 550,000 | 63187 | ||||
| Reimbursement | 63188 | ||||||||||
| 605 | 090-609 | Treasurer of State | $ | 350,000 | $ | 350,000 | 63189 | ||||
| Administrative Fund | 63190 | ||||||||||
| TOTAL GSF General Services | 63191 | ||||||||||
| Fund Group | $ | 4,064,000 | $ | 4,214,000 | 63192 | ||||||
| State Special Revenue Fund Group | 63193 |
| 5C5 | 090-602 | County Treasurer Education | $ | 135,000 | $ | 135,000 | 63194 | ||||
| TOTAL SSR State Special Revenue | 63195 | ||||||||||
| Fund Group | $ | 135,000 | $ | 135,000 | 63196 | ||||||
| Agency Fund Group | 63197 |
| 425 | 090-635 | Tax Refunds | $ | 31,000,000 | $ | 31,000,000 | 63198 | ||||
| TOTAL Agency Fund Group | $ | 31,000,000 | $ | 31,000,000 | 63199 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 66,562,261 | $ | 66,655,261 | 63200 | ||||||
| Section 409.10.10. OFFICE OF THE SINKING FUND | 63202 |
| The foregoing appropriation item 090-401, Office of the | 63203 |
| Sinking Fund, shall be used for financing and other costs incurred | 63204 |
| by or on behalf of the Commissioners of the Sinking Fund, the Ohio | 63205 |
| Public Facilities Commission or its secretary, or the Treasurer of | 63206 |
| State, with respect to State of Ohio general obligation bonds or | 63207 |
| notes, including, but not limited to, printing, advertising, | 63208 |
| delivery, rating fees and the procurement of ratings, professional | 63209 |
| publications, membership in professional organizations, and | 63210 |
| services referred to in division (D) of section 151.01 of the | 63211 |
| Revised Code. The General Revenue Fund shall be reimbursed for | 63212 |
| such costs by intrastate transfer voucher pursuant to a | 63213 |
| certification by the Office of the Sinking Fund of the actual | 63214 |
| amounts used. The amounts necessary to make such reimbursements | 63215 |
| are appropriated from the general obligation bond retirement funds | 63216 |
| created by the Constitution and laws to the extent such costs are | 63217 |
| incurred. | 63218 |
| POLICE AND FIRE DEATH BENEFIT FUND | 63219 |
| The foregoing appropriation item 090-575, Police and Fire | 63220 |
| Death Benefits, shall be disbursed quarterly by the Treasurer of | 63221 |
| State at the beginning of each quarter of each fiscal year to the | 63222 |
| Board of Trustees of the Ohio Police and Fire Pension Fund. The | 63223 |
| Treasurer of State shall certify such amounts quarterly to the | 63224 |
| Director of Budget and Management. By the twentieth day of June of | 63225 |
| each fiscal year, the Board of Trustees of the Ohio Police and | 63226 |
| Fire Pension Fund shall certify to the Treasurer of State the | 63227 |
| amount disbursed in the current fiscal year to make the payments | 63228 |
| required by section 742.63 of the Revised Code and shall return to | 63229 |
| the Treasurer of State moneys received from this appropriation | 63230 |
| item but not disbursed. | 63231 |
| TAX REFUNDS | 63232 |
| The foregoing appropriation item 090-635, Tax Refunds, shall | 63233 |
| be used to pay refunds under section 5703.052 of the Revised Code. | 63234 |
| If the Director of Budget and Management determines that | 63235 |
| additional amounts are necessary for this purpose, such amounts | 63236 |
| are hereby appropriated. | 63237 |
| Section 411.10. TTA OHIO TUITION TRUST AUTHORITY | 63238 |
| State Special Revenue Fund Group | 63239 |
| 5AM | 095-603 | Index Savings Plan | $ | 2,376,852 | $ | 2,425,777 | 63240 | ||||
| 5DC | 095-604 | Banking Products | $ | 1,631,283 | $ | 1,648,123 | 63241 | ||||
| 5P3 | 095-602 | Variable College Savings Fund | $ | 2,031,354 | $ | 2,063,596 | 63242 | ||||
| 645 | 095-601 | Operating Expenses | $ | 872,086 | $ | 881,169 | 63243 | ||||
| TOTAL SSR State Special Revenue | 63244 | ||||||||||
| Fund Group | $ | 6,911,575 | $ | 7,018,665 | 63245 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 6,911,575 | $ | 7,018,665 | 63246 | ||||||
| Section 413.10. OVH OHIO VETERANS' HOME | 63248 |
| General Revenue Fund | 63249 |
| GRF | 430-100 | Personal Services | $ | 23,085,261 | $ | 24,403,903 | 63250 | ||||
| GRF | 430-200 | Maintenance | $ | 7,835,544 | $ | 8,458,613 | 63251 | ||||
| GRF | 430-402 | Hall of Fame | $ | 125,000 | $ | 125,000 | 63252 | ||||
| TOTAL GRF General Revenue Fund | $ | 31,045,805 | $ | 32,987,516 | 63253 | ||||||
| General Services Fund Group | 63254 |
| 484 | 430-603 | Veterans Home Services | $ | 375,880 | $ | 375,880 | 63255 | ||||
| TOTAL GSF General Services Fund Group | $ | 375,880 | $ | 375,880 | 63256 | ||||||
| Federal Special Revenue Fund Group | 63257 |
| 3BX | 430-609 | Medicare Services | $ | 1,446,807 | 1,446,807 | 63258 | |||||
| 3L2 | 430-601 | Veterans Home Operations - Federal | $ | 15,290,320 | $ | 15,410,471 | 63259 | ||||
| TOTAL FED Federal Special Revenue | 63260 | ||||||||||
| Fund Group | $ | 16,737,127 | $ | 16,857,278 | 63261 | ||||||
| State Special Revenue Fund Group | 63262 |
| 4E2 | 430-602 | Veterans Home Operating | $ | 8,530,800 | $ | 8,530,800 | 63263 | ||||
| 604 | 430-604 | Veterans Home Improvement | $ | 770,096 | $ | 770,096 | 63264 | ||||
| TOTAL SSR State Special Revenue | 63265 | ||||||||||
| Fund Group | $ | 9,300,896 | $ | 9,300,896 | 63266 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 57,459,708 | $ | 59,521,570 | 63267 | ||||||
| CORNERSTONE OF HOPE | 63268 |
| Of the foregoing appropriation item 430-100, Personal | 63269 |
| Services, $100,000 in each fiscal year shall be distributed to | 63270 |
| Cornerstone of Hope to be used to provide professional counseling | 63271 |
| services for individuals who have recently lost family members, | 63272 |
| including the loss of service men and service women in the United | 63273 |
| States Armed Forces. | 63274 |
| Section 415.10. VET VETERANS' ORGANIZATIONS | 63275 |
| General Revenue Fund | 63276 |
| 63277 |
| GRF | 743-501 | State Support | $ | 25,030 | $ | 25,030 | 63278 |
| 63279 |
| GRF | 746-501 | State Support | $ | 55,012 | $ | 55,012 | 63280 |
| 63281 |
| GRF | 747-501 | State Support | $ | 49,453 | $ | 49,453 | 63282 |
| 63283 |
| GRF | 748-501 | State Support | $ | 29,715 | $ | 29,715 | 63284 |
| 63285 |
| GRF | 749-501 | State Support | $ | 57,990 | $ | 57,990 | 63286 |
| 63287 |
| GRF | 750-501 | State Support | $ | 56,377 | $ | 56,377 | 63288 |
| 63289 |
| GRF | 751-501 | State Support | $ | 185,954 | $ | 185,954 | 63290 |
| 63291 |
| GRF | 752-501 | State Support | $ | 302,328 | $ | 302,328 | 63292 |
| 63293 |
| GRF | 753-501 | State Support | $ | 287,919 | $ | 287,919 | 63294 |
| 63295 |
| GRF | 754-501 | State Support | $ | 216,308 | $ | 216,308 | 63296 |
| 63297 |
| GRF | 756-501 | State Support | $ | 115,972 | $ | 115,972 | 63298 |
| 63299 |
| GRF | 757-501 | State Support | $ | 5,946 | $ | 5,946 | 63300 |
| 63301 |
| GRF | 758-501 | State Support | $ | 246,615 | $ | 246,615 | 63302 |
| TOTAL GRF General Revenue Fund | $ | 1,634,619 | $ | 1,634,619 | 63303 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,634,619 | $ | 1,634,619 | 63304 | ||||||
| RELEASE OF FUNDS | 63305 |
| The foregoing appropriation items 743-501, 746-501, 747-501, | 63306 |
| 748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 754-501, | 63307 |
| 756-501, 757-501, and 758-501, State Support, shall be released | 63308 |
| upon approval by the Director of Budget and Management. | 63309 |
| CENTRAL OHIO UNITED SERVICES ORGANIZATION | 63310 |
| Of the foregoing appropriation item 751-501, State Support, | 63311 |
| Vietnam Veterans of America, $50,000 in each fiscal year shall be | 63312 |
| used to support the activities of the Central Ohio USO. | 63313 |
| VAL AMERICAN LEGION OF OHIO | 63314 |
| Of the foregoing appropriation item 752-501, State Support, | 63315 |
| VAL American Legion, at least $50,000 in each fiscal year shall be | 63316 |
| used to fund service officer expenses. | 63317 |
| VETERANS SERVICE COMMISSION EDUCATION | 63318 |
| Of the foregoing appropriation item 753-501, State Support, | 63319 |
| AMVETS, up to $20,000 in each fiscal year may be used to provide | 63320 |
| moneys to the Association of County Veterans Service Commissioners | 63321 |
| to reimburse its member county veterans service commissions for | 63322 |
| costs incurred in carrying out educational and outreach duties | 63323 |
| required under divisions (E) and (F) of section 5901.03 of the | 63324 |
| Revised Code. The Director of Budget and Management shall release | 63325 |
| these funds upon the presentation of an itemized receipt, approved | 63326 |
| by the Governor's Office of Veterans Affairs, from the association | 63327 |
| for reasonable and appropriate expenses incurred while performing | 63328 |
| these duties. The association shall establish uniform procedures | 63329 |
| for reimbursing member commissions. | 63330 |
| VII AMVETS | 63331 |
| Of the foregoing appropriation item 753-501, State Support, | 63332 |
| AMVETS, at least $50,000 shall be used in each fiscal year to fund | 63333 |
| service officer expenses. | 63334 |
| VAV DISABLED AMERICAN VETERANS | 63335 |
| Of the foregoing appropriation item 754-501, State Support, | 63336 |
| VAV Disabled American Veterans, at least $50,000 in each fiscal | 63337 |
| year shall be used to fund service officer expenses. | 63338 |
| VMC MARINE CORPS LEAGUE | 63339 |
| Of the foregoing appropriation item 756-501, State Support, | 63340 |
| VMC Marine Corps League, at least $30,000 in each fiscal year | 63341 |
| shall be used to fund service officer expenses. | 63342 |
| VFW VETERANS OF FOREIGN WARS | 63343 |
| Of the foregoing appropriation item 758-501, State Support, | 63344 |
| VFW Veterans of Foreign Wars, at least $50,000 in each fiscal year | 63345 |
| shall be used to fund service officer expenses. | 63346 |
| Section 417.10. DVM STATE VETERINARY MEDICAL BOARD | 63347 |
| General Services Fund Group | 63348 |
| 4K9 | 888-609 | Operating Expenses | $ | 322,740 | $ | 327,312 | 63349 | ||||
| 5BU | 888-602 | Veterinary Student Loan Program | $ | 60,000 | $ | 0 | 63350 | ||||
| TOTAL GSF General Services | 63351 | ||||||||||
| Fund Group | $ | 382,740 | $ | 327,312 | 63352 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 382,740 | $ | 327,312 | 63353 | ||||||
| Section 419.10. DYS DEPARTMENT OF YOUTH SERVICES | 63355 |
| General Revenue Fund | 63356 |
| GRF | 470-401 | RECLAIM Ohio | $ | 186,338,297 | $ | 190,599,131 | 63357 | ||||
| GRF | 470-412 | Lease Rental Payments | $ | 23,832,700 | $ | 23,483,700 | 63358 | ||||
| GRF | 470-510 | Youth Services | $ | 18,558,587 | $ | 18,558,587 | 63359 | ||||
| GRF | 472-321 | Parole Operations | $ | 15,356,904 | $ | 15,764,729 | 63360 | ||||
| GRF | 477-321 | Administrative Operations | $ | 14,754,420 | $ | 14,754,419 | 63361 | ||||
| TOTAL GRF General Revenue Fund | $ | 258,840,908 | $ | 263,160,566 | 63362 | ||||||
| General Services Fund Group | 63363 |
| 175 | 470-613 | Education Reimbursement | $ | 9,985,035 | $ | 10,550,725 | 63364 | ||||
| 4A2 | 470-602 | Child Support | $ | 328,657 | $ | 328,657 | 63365 | ||||
| 4G6 | 470-605 | General Operational Funds | $ | 49,713 | $ | 50,955 | 63366 | ||||
| 4G6 | 470-631 | SCALE Program | $ | 100,000 | $ | 100,000 | 63367 | ||||
| 479 | 470-609 | Employee Food Service | $ | 137,666 | $ | 137,666 | 63368 | ||||
| 5BN | 470-629 | E-Rate Program | $ | 200,000 | $ | 200,000 | 63369 | ||||
| TOTAL GSF General Services | 63370 | ||||||||||
| Fund Group | $ | 10,801,071 | $ | 11,368,003 | 63371 | ||||||
| Federal Special Revenue Fund Group | 63372 |
| 3BH | 470-630 | Federal Juvenile Programs FFY 06 | $ | 100,000 | $ | 50,000 | 63373 | ||||
| 3BT | 470-634 | Federal Juvenile Programs | $ | 300,000 | $ | 50,000 | 63374 | ||||
| 3BY | 470-635 | Federal Juvenile Programs FFY 07 | $ | 903,350 | $ | 350,000 | 63375 | ||||
| 3BZ | 470-636 | Federal Juvenile Programs FFY 08 | $ | 0 | $ | 653,350 | 63376 | ||||
| 3V5 | 470-604 | Juvenile Justice/Delinquency Prevention | $ | 2,750,000 | $ | 2,750,000 | 63377 | ||||
| 3Z9 | 470-626 | Federal Juvenile Programs FFY 05 | $ | 142,253 | $ | 0 | 63378 | ||||
| 321 | 470-601 | Education | $ | 5,202,160 | $ | 5,473,109 | 63379 | ||||
| 321 | 470-603 | Juvenile Justice Prevention | $ | 51,000 | $ | 30,000 | 63380 | ||||
| 321 | 470-606 | Nutrition | $ | 2,908,369 | $ | 2,981,078 | 63381 | ||||
| 321 | 470-610 | Rehabilitation Programs | $ | 36,000 | $ | 36,000 | 63382 | ||||
| 321 | 470-614 | Title IV-E Reimbursements | $ | 6,162,670 | $ | 6,316,737 | 63383 | ||||
| 321 | 470-617 | Americorps Programs | $ | 463,700 | $ | 463,700 | 63384 | ||||
| 321 | 470-633 | Project Re-entry | $ | 1,017,843 | $ | 1,017,843 | 63385 | ||||
| TOTAL FED Federal Special Revenue | 63386 | ||||||||||
| Fund Group | $ | 20,037,345 | $ | 20,171,817 | 63387 | ||||||
| State Special Revenue Fund Group | 63388 |
| 147 | 470-612 | Vocational Education | $ | 2,074,710 | $ | 2,141,823 | 63389 | ||||
| 5BH | 470-628 | Partnerships for Success | $ | 1,500,000 | $ | 1,500,000 | 63390 | ||||
| TOTAL SSR State Special Revenue | 63391 | ||||||||||
| Fund Group | $ | 3,574,710 | $ | 3,641,823 | 63392 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 293,254,034 | $ | 298,342,209 | 63393 | ||||||
| RECLAIM OHIO | 63394 |
| Of the foregoing appropriation item 470-401, RECLAIM Ohio, | 63395 |
| $25,000 in each fiscal year shall be distributed directly to the | 63396 |
| Lighthouse Youth Services Wrap-Around Program. | 63397 |
| OHIO BUILDING AUTHORITY LEASE PAYMENTS | 63398 |
| The foregoing appropriation item 470-412, Lease Rental | 63399 |
| Payments, in the Department of Youth Services, shall be used to | 63400 |
| meet all payments to the Ohio Building Authority for the period | 63401 |
| from July 1, 2007, to June 30, 2009, under the leases and | 63402 |
| agreements for facilities made under Chapter 152. of the Revised | 63403 |
| Code. This appropriation is the source of funds pledged for bond | 63404 |
| service charges on related obligations issued pursuant to Chapter | 63405 |
| 152. of the Revised Code. | 63406 |
| EDUCATION REIMBURSEMENT | 63407 |
| The foregoing appropriation item 470-613, Education | 63408 |
| Reimbursement, shall be used to fund the operating expenses of | 63409 |
| providing educational services to youth supervised by the | 63410 |
| Department of Youth Services. Operating expenses include, but are | 63411 |
| not limited to, teachers' salaries, maintenance costs, and | 63412 |
| educational equipment. This appropriation item may be used for | 63413 |
| capital expenses related to the education program. | 63414 |
| EMPLOYEE FOOD SERVICE AND EQUIPMENT | 63415 |
| Notwithstanding section 125.14 of the Revised Code, the | 63416 |
| foregoing appropriation item 470-609, Employee Food Service, may | 63417 |
| be used to purchase any food operational items with funds received | 63418 |
| into the fund from reimbursement for state surplus property. | 63419 |
| Section 503.03. PERSONAL SERVICE EXPENSES | 63420 |
| Unless otherwise prohibited by law, any appropriation from | 63421 |
| which personal service expenses are paid shall bear the employer's | 63422 |
| share of public employees' retirement, workers' compensation, | 63423 |
| disabled workers' relief, and all group insurance programs; the | 63424 |
| costs of centralized accounting, centralized payroll processing, | 63425 |
| and related personnel reports and services; the cost of the Office | 63426 |
| of Collective Bargaining; the cost of the Employee Assistance | 63427 |
| Program; the cost of the affirmative action and equal employment | 63428 |
| opportunity programs administered by the Department of | 63429 |
| Administrative Services; the costs of interagency information | 63430 |
| management infrastructure; and the cost of administering the state | 63431 |
| employee merit system as required by section 124.07 of the Revised | 63432 |
| Code. These costs shall be determined in conformity with the | 63433 |
| appropriate sections of law and paid in accordance with procedures | 63434 |
| specified by the Office of Budget and Management. Expenditures | 63435 |
| from appropriation item 070-601, Public Audit Expense - Local | 63436 |
| Government, in Fund 422 may be exempted from the requirements of | 63437 |
| this section. | 63438 |
| Section 503.06. SATISFACTION OF JUDGMENTS AND SETTLEMENTS | 63439 |
| AGAINST THE STATE | 63440 |
| Except as otherwise provided in this section, an | 63441 |
| appropriation in this act or any other act may be used for the | 63442 |
| purpose of satisfying judgments, settlements, or administrative | 63443 |
| awards ordered or approved by the Court of Claims or by any other | 63444 |
| court of competent jurisdiction in connection with civil actions | 63445 |
| against the state. This authorization does not apply to | 63446 |
| appropriations to be applied to or used for payment of guarantees | 63447 |
| by or on behalf of the state, or for payments under lease | 63448 |
| agreements relating to, or debt service on, bonds, notes, or other | 63449 |
| obligations of the state. Notwithstanding any other statute to the | 63450 |
| contrary, this authorization includes appropriations from funds | 63451 |
| into which proceeds of direct obligations of the state are | 63452 |
| deposited only to the extent that the judgment, settlement, or | 63453 |
| administrative award is for, or represents, capital costs for | 63454 |
| which the appropriation may otherwise be used and is consistent | 63455 |
| with the purpose for which any related obligations were issued or | 63456 |
| entered into. Nothing contained in this section is intended to | 63457 |
| subject the state to suit in any forum in which it is not | 63458 |
| otherwise subject to suit, and is not intended to waive or | 63459 |
| compromise any defense or right available to the state in any suit | 63460 |
| against it. | 63461 |
| Section 503.09. CAPITAL PROJECT SETTLEMENTS | 63462 |
| This section specifies an additional and supplemental | 63463 |
| procedure to provide for payments of judgments and settlements if | 63464 |
| the Director of Budget and Management determines, pursuant to | 63465 |
| division (C)(4) of section 2743.19 of the Revised Code, that | 63466 |
| sufficient unencumbered moneys do not exist in the particular | 63467 |
| appropriation to pay the amount of a final judgment rendered | 63468 |
| against the state or a state agency, including the settlement of a | 63469 |
| claim approved by a court, in an action upon and arising out of a | 63470 |
| contractual obligation for the construction or improvement of a | 63471 |
| capital facility if the costs under the contract were payable in | 63472 |
| whole or in part from a state capital projects appropriation. In | 63473 |
| such a case, the director may either proceed pursuant to division | 63474 |
| (C)(4) of section 2743.19 of the Revised Code or apply to the | 63475 |
| Controlling Board to increase an appropriation or create an | 63476 |
| appropriation out of any unencumbered moneys in the state treasury | 63477 |
| to the credit of the capital projects fund from which the initial | 63478 |
| state appropriation was made. The Controlling Board may approve or | 63479 |
| disapprove the application as submitted or modified. The amount of | 63480 |
| an increase in appropriation or new appropriation specified in an | 63481 |
| application approved by the Controlling Board is hereby | 63482 |
| appropriated from the applicable capital projects fund and made | 63483 |
| available for the payment of the judgment or settlement. | 63484 |
| If the director does not make the application authorized by | 63485 |
| this section or the Controlling Board disapproves the application, | 63486 |
| and the director does not make application under division (C)(4) | 63487 |
| of section 2743.19 of the Revised Code, the director shall for the | 63488 |
| purpose of making that payment make a request to the General | 63489 |
| Assembly as provided for in division (C)(5) of that section. | 63490 |
| Section 503.12. RE-ISSUANCE OF VOIDED WARRANTS | 63491 |
| In order to provide funds for the reissuance of voided | 63492 |
| warrants under section 117.47 of the Revised Code, there is hereby | 63493 |
| appropriated, out of moneys in the state treasury from the fund | 63494 |
| credited as provided in section 117.47 of the Revised Code, that | 63495 |
| amount sufficient to pay such warrants when approved by the Office | 63496 |
| of Budget and Management. | 63497 |
| Section 503.15. REAPPROPRIATION OF UNEXPENDED ENCUMBERED | 63498 |
| BALANCES OF OPERATING APPROPRIATIONS | 63499 |
| Except for amounts of $1,000,000 or more that are encumbered | 63500 |
| for program subsidy payments, which the Director of Budget and | 63501 |
| Management must submit to the Controlling Board for approval, an | 63502 |
| unexpended balance of an operating appropriation or | 63503 |
| reappropriation that a state agency lawfully encumbered prior to | 63504 |
| the close of a fiscal year is reappropriated on the first day of | 63505 |
| July of the following fiscal year from the fund from which it was | 63506 |
| originally appropriated or reappropriated for the following period | 63507 |
| and shall remain available only for the purpose of discharging the | 63508 |
| encumbrance: | 63509 |
| (A) For an encumbrance for personal services, maintenance, | 63510 |
| equipment, or items for resale, other than an encumbrance for an | 63511 |
| item of special order manufacture not available on term contract | 63512 |
| or in the open market or for reclamation of land or oil and gas | 63513 |
| wells for a period of not more than five months from the end of | 63514 |
| the fiscal year; | 63515 |
| (B) For an encumbrance for an item of special order | 63516 |
| manufacture not available on term contract or in the open market, | 63517 |
| for a period of not more than five months from the end of the | 63518 |
| fiscal year or, with the written approval of the Director of | 63519 |
| Budget and Management, for a period of not more than twelve months | 63520 |
| from the end of the fiscal year; | 63521 |
| (C) For an encumbrance for reclamation of land or oil and gas | 63522 |
| wells, for a period ending when the encumbered appropriation is | 63523 |
| expended or for a period of two years, whichever is less; | 63524 |
| (D) For an encumbrance for any other expense, for such period | 63525 |
| as the director approves, provided such period does not exceed two | 63526 |
| years. | 63527 |
| Any operating appropriations for which unexpended balances | 63528 |
| are reappropriated beyond a five-month period from the end of the | 63529 |
| fiscal year by division (B) of this section shall be reported to | 63530 |
| the Controlling Board by the Director of Budget and Management by | 63531 |
| the thirty-first day of December of each year. The report on each | 63532 |
| such item shall include the item, the cost of the item, and the | 63533 |
| name of the vendor. The report shall be updated on a quarterly | 63534 |
| basis for encumbrances remaining open. | 63535 |
| Upon the expiration of the reappropriation period set out in | 63536 |
| divisions (A), (B), (C), or (D) of this section, a reappropriation | 63537 |
| made by this section lapses, and the Director of Budget and | 63538 |
| Management shall cancel the encumbrance of the unexpended | 63539 |
| reappropriation not later than the end of the weekend following | 63540 |
| the expiration of the reappropriation period. | 63541 |
| Notwithstanding the preceding paragraph, with the approval of | 63542 |
| the Director of Budget and Management, an unexpended balance of an | 63543 |
| encumbrance that was reappropriated on the first day of July by | 63544 |
| this section for a period specified in division (C) or (D) of this | 63545 |
| section and that remains encumbered at the close of the fiscal | 63546 |
| biennium is hereby reappropriated on the first day of July of the | 63547 |
| following fiscal biennium from the fund from which it was | 63548 |
| originally appropriated or reappropriated for the applicable | 63549 |
| period specified in division (C) or (D) of this section and shall | 63550 |
| remain available only for the purpose of discharging the | 63551 |
| encumbrance. | 63552 |
| The Director of Budget and Management may correct accounting | 63553 |
| errors committed by the staff of the Office of Budget and | 63554 |
| Management, such as re-establishing encumbrances or appropriations | 63555 |
| cancelled in error, during the cancellation of operating | 63556 |
| encumbrances in November and of nonoperating encumbrances in | 63557 |
| December. | 63558 |
| If the Controlling Board approved a purchase, that approval | 63559 |
| remains in effect so long as the appropriation used to make that | 63560 |
| purchase remains encumbered. | 63561 |
| Section 503.18. APPROPRIATIONS RELATED TO CASH TRANSFERS AND | 63562 |
| RE-ESTABLISHMENT OF ENCUMBRANCES | 63563 |
| Any cash transferred by the Director of Budget and Management | 63564 |
| under section 126.15 of the Revised Code is hereby appropriated. | 63565 |
| Any amounts necessary to re-establish appropriations or | 63566 |
| encumbrances under section 126.15 of the Revised Code are hereby | 63567 |
| appropriated. | 63568 |
| Section 503.21. INCOME TAX DISTRIBUTION TO COUNTIES | 63569 |
| There are hereby appropriated out of any moneys in the state | 63570 |
| treasury to the credit of the General Revenue Fund, which are not | 63571 |
| otherwise appropriated, funds sufficient to make any payment | 63572 |
| required by division (B)(2) of section 5747.03 of the Revised | 63573 |
| Code. | 63574 |
| Section 503.24. EXPENDITURES AND APPROPRIATION INCREASES | 63575 |
| APPROVED BY THE CONTROLLING BOARD | 63576 |
| Any money that the Controlling Board approves for expenditure | 63577 |
| or any increase in appropriation authority that the Controlling | 63578 |
| Board approves under sections 127.14, 131.35, and 131.39 of the | 63579 |
| Revised Code or any other provision of law is hereby appropriated | 63580 |
| for the period ending June 30, 2009. | 63581 |
| Section 503.27. FUNDS RECEIVED FOR USE OF GOVERNOR'S | 63582 |
| RESIDENCE | 63583 |
| If the Governor's Residence Fund (Fund 4H2) receives payment | 63584 |
| for use of the residence pursuant to section 107.40 of the Revised | 63585 |
| Code, the amounts so received are hereby appropriated to | 63586 |
| appropriation item 100-604, Governor's Residence Gift. | 63587 |
| Section 506.03. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS | 63588 |
| The maximum amounts that may be assessed against nuclear | 63589 |
| electric utilities under division (B)(2) of section 4937.05 of the | 63590 |
| Revised Code are as follows: | 63591 |
| FY 2008 | FY 2009 | 63592 | |||||
| Department of Agriculture | 63593 | ||||||
| Fund 4E4 Utility Radiological Safety | $73,059 | $73,059 | 63594 | ||||
| Department of Health | 63595 | ||||||
| Fund 610 Radiation Emergency Response | $850,000 | $850,000 | 63596 | ||||
| Environmental Protection Agency | 63597 | ||||||
| Fund 644 ER Radiological Safety | $286,114 | $286,114 | 63598 | ||||
| Emergency Management Agency | 63599 | ||||||
| Fund 657 Utility Radiological Safety | $1,260,000 | $1,260,000 | 63600 | ||||
| Section 512.03. TRANSFERS TO THE GENERAL REVENUE FUND FROM | 63601 |
| NON-GRF FUNDS | 63602 |
| Notwithstanding any other provision of law to the contrary, | 63603 |
| during fiscal years 2008 and 2009, the Director of Budget and | 63604 |
| Management is hereby authorized to transfer cash from non-General | 63605 |
| Revenue Fund funds that are not constitutionally restricted to the | 63606 |
| General Revenue Fund. The total amount of cash transfers made | 63607 |
| pursuant to this section to the General Revenue Fund during fiscal | 63608 |
| years 2008 and 2009 shall not exceed $70,000,000. | 63609 |
| Section 512.06. TRANSFERS TO THE GENERAL REVENUE FUND OF | 63610 |
| INTEREST EARNED | 63611 |
| Notwithstanding any provision of Ohio law to the contrary, | 63612 |
| the Director of Budget and Management, through June 30, 2009, may | 63613 |
| transfer interest earned by any fund in the Central Accounting | 63614 |
| System to the General Revenue Fund. Subsequent to the making of | 63615 |
| such transfers, the Director of Budget and Management shall | 63616 |
| provide a report to the Controlling Board at its next regularly | 63617 |
| scheduled meeting detailing the funds from which the interest | 63618 |
| earned was transferred to the General Revenue Fund and the amount | 63619 |
| of interest earnings transferred from each of those funds. This | 63620 |
| section does not apply to funds whose source of revenue is | 63621 |
| restricted or protected by the Constitution of this state, federal | 63622 |
| tax law, or the "Cash Management Improvement Act of 1990" 104 | 63623 |
| Stat. 1058 (1990), 31 U.S.C. 6501 et seq., as amended. | 63624 |
| Section 512.07. CASH TRANSFERS FROM REPARATIONS FUND (Fund | 63625 |
| 402) TO DISASTER PREPAREDNESS FUND (Fund 5EX) | 63626 |
| Notwithstanding any other provision of law to the contrary, | 63627 |
| on the first day of July in each of years 2007 and 2008, or as | 63628 |
| soon as practicable thereafter in each of those years, the | 63629 |
| Director of Budget and Management shall transfer $350,000 in cash | 63630 |
| from the Reparations Fund (Fund 402) to the Disaster Preparedness | 63631 |
| Fund (Fund 5EX). | 63632 |
| Section 512.09. CORPORATE AND UCC FILING FUND TRANSFER TO GRF | 63633 |
| Not later than the first day of June in each year of the | 63634 |
| biennium, the Director of Budget and Management shall transfer | 63635 |
| $500,000 from the Corporate and Uniform Commercial Code Filing | 63636 |
| Fund to the General Revenue Fund. | 63637 |
| Section 512.21. GRF TRANSFER TO FUND 5N4, OAKS PROJECT | 63638 |
| IMPLEMENTATION | 63639 |
| On July 1, 2007, or as soon thereafter as possible, the | 63640 |
| Director of Budget and Management shall transfer an amount not to | 63641 |
| exceed $2,200,725 in cash from the General Revenue Fund to Fund | 63642 |
| 5N4, OAKS Project Implementation. On July 1, 2008, or as soon | 63643 |
| thereafter as possible, the Director of Budget and Management | 63644 |
| shall transfer an amount not to exceed $2,092,779 in cash from the | 63645 |
| General Revenue Fund to Fund 5N4, OAKS Project Implementation. | 63646 |
| Section 512.31. TEMPORARY TRANSFER TO THE OAKS SUPPORT | 63647 |
| ORGANIZATION FUND | 63648 |
| Notwithstanding any provision of law to the contrary, in | 63649 |
| fiscal year 2008, the Director of Budget and Management may | 63650 |
| transfer an amount not to exceed $1,000,000 in cash from the Human | 63651 |
| Resources Services Fund (Fund 125) to the OAKS Support | 63652 |
| Organization Fund (Fund 5EB). These amounts shall support the | 63653 |
| establishment of the OAKS Support Organization. Amounts | 63654 |
| transferred to the OAKS Support Organization Fund and interest | 63655 |
| earnings on these amounts transferred during fiscal year 2008 | 63656 |
| shall be returned to the Human Resources Services Fund not later | 63657 |
| than January 1, 2008. Upon certification of the total amount | 63658 |
| transferred from Fund 125 to Fund 5EB, the Director of Budget and | 63659 |
| Management shall transfer cash in the amount certified from Fund | 63660 |
| 5EB to Fund 125. | 63661 |
| Section 512.34. TRANSFER FROM EDUCATION FACILITIES ENDOWMENT | 63662 |
| FUND | 63663 |
| Notwithstanding division (G) of section 183.27 of the Revised | 63664 |
| Code, the Director of Budget and Management shall transfer | 63665 |
| $40,000,000 cash in fiscal year 2008 from the Education Facilities | 63666 |
| Endowment Fund (Fund P87) to the Public School Building Fund (Fund | 63667 |
| 021). The amounts transferred are hereby appropriated to the Ohio | 63668 |
| School Facilities Commission for the purposes of appropriation | 63669 |
| item CAP-622, Public School Buildings. | 63670 |
| Section 512.37. TRANSFER TO ENERGY STRATEGY DEVELOPMENT FUND | 63671 |
| On July 1, 2007, and on July 1, 2008, or as soon thereafter | 63672 |
| as possible, the Director of Budget and Management may transfer | 63673 |
| cash from the funds specified below, in the amount specified | 63674 |
| below, to the Energy Strategy Development Fund, which is hereby | 63675 |
| created in the state treasury. The fund may accept contributions | 63676 |
| and transfers made to the fund. The funds shall be used to develop | 63677 |
| energy initiatives, projects, and policy. | 63678 |
| Agency | Fund | FY 2008 | FY 2009 | 63679 | |
| Department of Administrative Services | 117 | $35,000 | $35,000 | 63680 | |
| Department of Agriculture | 3J4 | $35,000 | $35,000 | 63681 | |
| Department of Development | 4H4 | $32,447 | $0 | 63682 | |
| Department of Development | 135 | $0 | $35,000 | 63683 | |
| Environmental Protection Agency | 219 | $35,000 | $35,000 | 63684 | |
| Department of Natural Resources | 157 | $35,000 | $35,000 | 63685 | |
| Department of Transportation | 002 | $50,000 | $50,000 | 63686 |
| Section 512.38. CASH TRANSFER FROM AUTOMATED TITLE PROCESSING | 63687 |
| FUND TO TITLE DEFECT RESCISSION FUND | 63688 |
| Notwithstanding any other provision of law to the contrary, | 63689 |
| on July 1, 2007, or as soon as practicable thereafter, the | 63690 |
| Director of Budget and Management shall transfer $1,000,000 in | 63691 |
| cash from the Automated Title Processing Fund (Fund 849) to the | 63692 |
| Title Defect Rescission Fund (Fund 4Y7). | 63693 |
| Section 512.41. For purposes of sections 109.93, 111.18, and | 63694 |
| 173.85 of the Revised Code, as amended by this act, the Director | 63695 |
| of Budget and Management, in collaboration with the Treasurer of | 63696 |
| State, may take any action necessary to establish funds in the | 63697 |
| state treasury that were previously held in the custody of the | 63698 |
| Treasurer of State, including, but not limited to, the transfer of | 63699 |
| cash from the custodial funds to the state treasury and the | 63700 |
| establishment of appropriations and encumbrances to support | 63701 |
| outstanding obligations. The amounts necessary to support | 63702 |
| outstanding obligations are hereby appropriated. Agencies may | 63703 |
| request additional appropriation authority, but it shall be | 63704 |
| subject to approval by the Controlling Board. | 63705 |
| Section 515.06. TRANSFER OF PRINTING SERVICES FROM THE OFFICE | 63706 |
| OF INFORMATION TECHNOLOGY | 63707 |
| Effective July 1, 2007, or the earliest date thereafter | 63708 |
| agreed to by the Director of Budget and Management and the | 63709 |
| Director of Administrative Services, the Office of Information | 63710 |
| Technology printing office currently located on Integrity Drive in | 63711 |
| Columbus shall become part of the Department of Administrative | 63712 |
| Services. The functions, assets, and liabilities, including, but | 63713 |
| not limited to, records, regardless of form or medium, leases, and | 63714 |
| contracts, of the printing office are transferred to the | 63715 |
| Department of Administrative Services. The Department of | 63716 |
| Administrative Services is thereupon and thereafter successor to, | 63717 |
| assumes the obligations of, and otherwise constitutes the | 63718 |
| continuation of the printing office. The functions of the printing | 63719 |
| office are thereupon and thereafter transferred to the Department | 63720 |
| of Administrative Services. | 63721 |
| Any business commenced but not completed by the printing | 63722 |
| office by the date of the transfer shall be completed by the | 63723 |
| Department of Administrative Services, in the same manner, and | 63724 |
| with the same effect, as if completed by the printing office. No | 63725 |
| validation, cure, right, privilege, remedy, obligation, or | 63726 |
| liability is lost or impaired by reason of the transfer and shall | 63727 |
| be administered by the Department of Administrative Services. All | 63728 |
| the printing office's rules, orders, and determinations continue | 63729 |
| in effect as rules, orders, and determinations of the Department | 63730 |
| of Administrative Services, until modified or rescinded by the | 63731 |
| Department of Administrative Services. If necessary to ensure the | 63732 |
| integrity of the Administrative Code rule numbering system, the | 63733 |
| Director of the Legislative Service Commission shall renumber the | 63734 |
| printing office's rules to reflect their transfer to the | 63735 |
| Department of Administrative Services. | 63736 |
| Employees of the Office of Information Technology designated | 63737 |
| as staff in the printing office shall be transferred to the | 63738 |
| Department of Administrative Services. Subject to the layoff | 63739 |
| provisions of sections 124.321 to 124.328 of the Revised Code, the | 63740 |
| layoff provisions of the contract between the state and all | 63741 |
| bargaining units affected, the employees transferred to the | 63742 |
| Department of Administrative Services retain their positions and | 63743 |
| all benefits accruing thereto. | 63744 |
| No judicial or administrative action or proceeding to which | 63745 |
| the printing office is a party that is pending on July 1, 2007, or | 63746 |
| such later date as may be established by the Director of the | 63747 |
| Office of Information Technology and the Director of | 63748 |
| Administrative Services, is affected by the transfer of functions. | 63749 |
| The action or proceeding shall be prosecuted or defended in the | 63750 |
| name of the Director of Administrative Services. On application to | 63751 |
| the court or agency, the Director of Administrative Services shall | 63752 |
| be substituted for the Director of the Office of Information | 63753 |
| Technology as a party to the action or proceeding. | 63754 |
| On and after July 1, 2007, notwithstanding any provision of | 63755 |
| law to the contrary, the Director of Budget and Management shall | 63756 |
| take the actions with respect to budget changes made necessary by | 63757 |
| the transfer, including administrative reorganization, program | 63758 |
| transfers, the creation of new funds, and the consolidation of | 63759 |
| funds as authorized by this section. The Director of Budget and | 63760 |
| Management may cancel encumbrances and re-establish encumbrances | 63761 |
| or parts of encumbrances as needed in fiscal year 2008 in the | 63762 |
| appropriate fund and appropriation item for the same purpose and | 63763 |
| for payment to the same vendor. The Director of Budget and | 63764 |
| Management as determined necessary, may re-establish encumbrances | 63765 |
| in fiscal year 2008 in a different fund or appropriation item in | 63766 |
| an agency or between agencies. The re-established encumbrances are | 63767 |
| hereby appropriated. The Director of Budget and Management shall | 63768 |
| reduce each year's appropriation balances by the amount of the | 63769 |
| encumbrance canceled in their respective funds and appropriation | 63770 |
| items. | 63771 |
| Not later than sixty days after the transfer of the printing | 63772 |
| office to the Department of Administrative Services, the Director | 63773 |
| of the Office of Information Technology shall certify to the | 63774 |
| Director of Budget and Management the amount of cash associated | 63775 |
| with printing services supported by Fund 133, IT Services Delivery | 63776 |
| Fund. Upon receipt of the certification, the Director of Budget | 63777 |
| and Management shall transfer cash from Fund 133, IT Services | 63778 |
| Delivery Fund, to Fund 210, State Printing Fund. This amount is | 63779 |
| hereby appropriated. | 63780 |
| Section 515.09. TRANSFER OF MAIL AND FULFILLMENT SERVICES | 63781 |
| FROM THE DEPARTMENT OF JOB AND FAMILY SERVICES | 63782 |
| Effective July 1, 2007, or the earliest date thereafter | 63783 |
| agreed to by the Director of Job and Family Services and the | 63784 |
| Director of Administrative Services, the Department of Job and | 63785 |
| Family Services mail and fulfillment office, currently located on | 63786 |
| Integrity Drive in Columbus shall become part of the Department of | 63787 |
| Administrative Services. The functions, assets, and liabilities, | 63788 |
| including, but not limited to, records, regardless of form or | 63789 |
| medium, leases, and contracts, of the mail and fulfillment office | 63790 |
| is transferred to the Department of Administrative Services. The | 63791 |
| Department of Administrative Services is thereupon and thereafter | 63792 |
| successor to, assumes the obligations of, and otherwise | 63793 |
| constitutes the continuation of the mail and fulfillment office. | 63794 |
| The functions of the mail and fulfillment office are thereupon and | 63795 |
| thereafter transferred to the Department of Administrative | 63796 |
| Services. | 63797 |
| Any business commenced but not completed by the mail and | 63798 |
| fulfillment office by the date of transfer shall be completed by | 63799 |
| the Department of Administrative Services, in the same manner, and | 63800 |
| with the same effect, as if completed by the mail and fulfillment | 63801 |
| office. No validation, cure, right, privilege, remedy, obligation, | 63802 |
| or liability is lost or impaired by reason of the transfer and | 63803 |
| shall be administered by the Department of Administrative | 63804 |
| Services. All of the mail and fulfillment office's rules, orders, | 63805 |
| and determinations continue in effect as rules, orders, and | 63806 |
| determinations of the Department of Administrative Services, until | 63807 |
| modified or rescinded by the Department of Administrative | 63808 |
| Services. If necessary to ensure the integrity of the | 63809 |
| Administrative Code rule numbering system, the Director of the | 63810 |
| Legislative Service Commission shall renumber the mail and | 63811 |
| fulfillment office's rules to reflect their transfer to the | 63812 |
| Department of Administrative Services. | 63813 |
| Employees of the Department of Job and Family Services | 63814 |
| designated as staff in the mail and fulfillment office shall be | 63815 |
| transferred to the Department of Administrative Services. Subject | 63816 |
| to the layoff provisions of sections 124.321 to 124.328 of the | 63817 |
| Revised Code, and to provisions of the contract between the state | 63818 |
| and all bargaining units affected, the employees transferred to | 63819 |
| the Department of Administrative Services retain their positions | 63820 |
| and all benefits accruing thereto. | 63821 |
| No judicial or administrative action or proceeding to which | 63822 |
| the mail and fulfillment office is a party that is pending on July | 63823 |
| 1, 2007, or such later date as may be established by the Director | 63824 |
| of Job and Family Services and the Director of Administrative | 63825 |
| Services, is affected by the transfer of functions. The action or | 63826 |
| proceeding shall be prosecuted or defended in the name of the | 63827 |
| Director of Administrative Services. On application to the court | 63828 |
| or agency, the Director of Administrative Services shall be | 63829 |
| substituted for the Director of Job and Family Services as a party | 63830 |
| to the action or proceeding. | 63831 |
| On and after July 1, 2007, notwithstanding any provision of | 63832 |
| law to the contrary, the Director of Budget and Management shall | 63833 |
| take the actions with respect to budget changes made necessary by | 63834 |
| the transfer, including administrative reorganization, program | 63835 |
| transfers, the creation of new funds, and the consolidation of | 63836 |
| funds as authorized by this section. The Director of Budget and | 63837 |
| Management may cancel encumbrances and re-establish encumbrances | 63838 |
| or parts of encumbrances as needed in fiscal year 2008 in the | 63839 |
| appropriate fund and appropriation item for the same purpose and | 63840 |
| for payment to the same vendor. The Director of Budget and | 63841 |
| Management, as determined necessary, may re-establish encumbrances | 63842 |
| in fiscal year 2008 in a different fund or appropriation item in | 63843 |
| an agency or between agencies. The re-established encumbrances are | 63844 |
| hereby appropriated. The Director of Budget and Management shall | 63845 |
| reduce each year's appropriation balances by the amount of the | 63846 |
| encumbrance canceled in their respective funds and appropriation | 63847 |
| items. | 63848 |
| The Director of Job and Family Services and the Director of | 63849 |
| Administrative Services shall enter into an interagency agreement | 63850 |
| establishing terms and timetables for the implementation of this | 63851 |
| section. The interagency agreement shall include provisions for | 63852 |
| credits to the Department of Job and Family Services for prepaid | 63853 |
| postage, agreements for the credit, transfer, or reimbursement of | 63854 |
| funds to the Department of Job and Family Services to comply with | 63855 |
| terms and conditions applicable to federal funds expended by the | 63856 |
| department for the purchase, maintenance, and operation of | 63857 |
| equipment, agreements for ongoing operations in compliance with | 63858 |
| federal requirements applicable to Department of Job and Family | 63859 |
| Services programs that utilize the mail and fulfillment services, | 63860 |
| transfer of or sharing of lease agreements, and any other | 63861 |
| agreements that the Director of Job and Family Services and the | 63862 |
| Director of Administrative Services determine to be necessary for | 63863 |
| the successful implementation of this section. | 63864 |
| Not later than sixty days after the transfer of the mail and | 63865 |
| fulfillment office to the Department of Administrative Services, | 63866 |
| the Director of Job and Family Services shall certify to the | 63867 |
| Director of Budget and Management the amount of any unexpended | 63868 |
| balance of appropriations made to the department to support the | 63869 |
| office. Upon receipt of the certification, the Director of Budget | 63870 |
| and Management shall transfer the appropriations and cash to Fund | 63871 |
| 210, State Printing Fund. | 63872 |
| Section 518.03. BUDGET ADJUSTMENTS TO REFLECT TOBACCO | 63873 |
| SECURITIZATION | 63874 |
| (A) Notwithstanding any other provision of law to the | 63875 |
| contrary, the Director of Budget and Management, periodically on | 63876 |
| any date following the issuance of the tobacco obligations | 63877 |
| authorized in section 183.51 of the Revised Code and through June | 63878 |
| 30, 2009, may: | 63879 |
| (1) Determine the amount of appropriation items 235-909, | 63880 |
| Higher Education General Obligation Debt Service, and 230-908, | 63881 |
| Common Schools General Obligation Debt Service, that are in excess | 63882 |
| of the amounts needed to pay all debt service and financing costs | 63883 |
| on those obligations payable from each of those items and transfer | 63884 |
| all or any portion of that excess appropriation to appropriation | 63885 |
| item 200-901, Property Tax Allocation-Education, or 110-901, | 63886 |
| Property Tax Allocation-Taxation, or both together as needed for | 63887 |
| the purposes of making the state's property tax relief payments to | 63888 |
| school districts and counties. | 63889 |
| (2) Determine the amount by which interest earnings credited | 63890 |
| to Fund 034, Higher Education Improvement Fund, and Fund 032, | 63891 |
| School Building Program Assistance Fund, from the investment of | 63892 |
| the net proceeds of those tobacco obligations exceed the amount | 63893 |
| needed to satisfy appropriations from those funds, transfer all or | 63894 |
| part of that excess cash balance to the General Revenue Fund, and | 63895 |
| increase appropriation item 200-901, Property Tax | 63896 |
| Allocation-Education, or 110-901, Property Tax | 63897 |
| Allocation-Taxation, or both together, by up to the amount of cash | 63898 |
| so transferred to the General Revenue Fund. | 63899 |
| (3) Determine the amount of capital appropriation in CAP-770, | 63900 |
| School Building Assistance Program, transfer cash to Fund 5E3, | 63901 |
| School Facilities Commission, an amount that is necessary to fully | 63902 |
| expend the amount of net proceeds deposited into Fund 032, School | 63903 |
| Building Program Assistance Fund, from the issuance of those | 63904 |
| tobacco obligations and increase the appropriations for CAP-770 | 63905 |
| and appropriation item 230-644, Operating Expenses-School | 63906 |
| Facilities Commission, by the necessary amount. | 63907 |
| (4) Determine the amount of additional capital appropriations | 63908 |
| necessary to fully expend the amount of net proceeds deposited | 63909 |
| from the issuance of those tobacco obligations into Fund 034, | 63910 |
| Higher Education Improvement Fund. | 63911 |
| (5) Reduce the amount of authorization to issue and sell | 63912 |
| general obligations to pay the costs of capital facilities for a | 63913 |
| system of common schools throughout the state granted to the Ohio | 63914 |
| Public Facilities Commission by prior acts of the General Assembly | 63915 |
| to reflect the amount of net proceeds of those tobacco obligations | 63916 |
| deposited into Fund 034, Higher Education Improvement Fund, that | 63917 |
| are intended to replace general obligations for the purpose. | 63918 |
| (6) Reduce the amount of authorization to issue and sell | 63919 |
| general obligations to pay the costs of capital facilities for | 63920 |
| state-supported and state-assisted institutions of higher | 63921 |
| education granted to the Ohio Public Facilities Commission by | 63922 |
| prior acts of the General Assembly to reflect the amount of net | 63923 |
| proceeds of those tobacco obligations deposited into Fund 034, | 63924 |
| Higher Education Improvement Fund, that are intended to replace | 63925 |
| general obligations for the purpose. | 63926 |
| (B) When any of the determinations, transfers, and increases | 63927 |
| or decreases in appropriations and authorizations described in | 63928 |
| division (A) of this section have been completed, the Office of | 63929 |
| Budget and Management shall make a report to the Controlling Board | 63930 |
| at its next regularly scheduled meeting. | 63931 |
| Section 518.06. GENERAL OBLIGATION DEBT SERVICE PAYMENTS | 63932 |
| Certain appropriations are in this act for the purpose of | 63933 |
| paying debt service and financing costs on general obligation | 63934 |
| bonds or notes of the state issued pursuant to the Ohio | 63935 |
| Constitution and acts of the General Assembly. If it is determined | 63936 |
| that additional appropriations are necessary for this purpose, | 63937 |
| such amounts are hereby appropriated. | 63938 |
| Section 518.09. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER | 63939 |
| OF STATE | 63940 |
| Certain appropriations are in this act for the purpose of | 63941 |
| making lease rental payments pursuant to leases and agreements | 63942 |
| relating to bonds or notes issued by the Ohio Building Authority | 63943 |
| or the Treasurer of State or, previously, by the Ohio Public | 63944 |
| Facilities Commission, pursuant to the Ohio Constitution and acts | 63945 |
| of the General Assembly. If it is determined that additional | 63946 |
| appropriations are necessary for this purpose, such amounts are | 63947 |
| hereby appropriated. | 63948 |
| Section 518.12. AUTHORIZATION FOR TREASURER OF STATE AND OBM | 63949 |
| TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS | 63950 |
| The Office of Budget and Management shall initiate and | 63951 |
| process disbursements from general obligation and lease rental | 63952 |
| payment appropriation items during the period from July 1, 2007, | 63953 |
| to June 30, 2009, relating to bonds or notes issued under Sections | 63954 |
| 2i, 2k, 2l, 2m, 2n, 2o, 2p and 15 of Article VIII, Ohio | 63955 |
| Constitution, and Chapters 151. and 154. of the Revised Code. | 63956 |
| Disbursements shall be made upon certification by the Treasurer of | 63957 |
| State, Office of the Sinking Fund, of the dates and the amounts | 63958 |
| due on those dates. | 63959 |
| Section 521.03. STATE AND LOCAL REBATE AUTHORIZATION | 63960 |
| There is hereby appropriated, from those funds designated by | 63961 |
| or pursuant to the applicable proceedings authorizing the issuance | 63962 |
| of state obligations, amounts computed at the time to represent | 63963 |
| the portion of investment income to be rebated or amounts in lieu | 63964 |
| of or in addition to any rebate amount to be paid to the federal | 63965 |
| government in order to maintain the exclusion from gross income | 63966 |
| for federal income tax purposes of interest on those state | 63967 |
| obligations under section 148(f) of the Internal Revenue Code. | 63968 |
| Rebate payments shall be approved and vouchered by the Office | 63969 |
| of Budget and Management. | 63970 |
| Section 521.06. STATEWIDE INDIRECT COST RECOVERY | 63971 |
| Whenever the Director of Budget and Management determines | 63972 |
| that an appropriation made to a state agency from a fund of the | 63973 |
| state is insufficient to provide for the recovery of statewide | 63974 |
| indirect costs under section 126.12 of the Revised Code, the | 63975 |
| amount required for such purpose is hereby appropriated from the | 63976 |
| available receipts of such fund. | 63977 |
| Section 521.07. GRF TRANSFERS ON BEHALF OF THE STATEWIDE | 63978 |
| INDIRECT COST ALLOCATION PLAN | 63979 |
| The total transfers made from the General Revenue Fund by the | 63980 |
| Director of Budget and Management under this section shall not | 63981 |
| exceed the amounts transferred into the General Revenue Fund under | 63982 |
| division (B) of section 126.12 of the Revised Code. | 63983 |
| The director of an agency may certify to the Director of | 63984 |
| Budget and Management the amount of expenses not allowed to be | 63985 |
| included in the Statewide Indirect Cost Allocation Plan under | 63986 |
| federal regulations, from any fund included in the Statewide | 63987 |
| Indirect Cost Allocation Plan, prepared as required by section | 63988 |
| 126.12 of the Revised Code. | 63989 |
| Upon determining that no alternative source of funding is | 63990 |
| available to pay for such expenses, the Director of Budget and | 63991 |
| Management may transfer from the General Revenue Fund into the | 63992 |
| fund for which the certification is made, up to the amount of the | 63993 |
| certification. The director of the agency receiving such funds | 63994 |
| shall include, as part of the next budget submission prepared | 63995 |
| under section 126.02 of the Revised Code, a request for funding | 63996 |
| for such activities from an alternative source such that further | 63997 |
| federal disallowances would not be required. | 63998 |
| Section 521.12. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT | 63999 |
| Pursuant to the plan for compliance with the Federal Cash | 64000 |
| Management Improvement Act required by section 131.36 of the | 64001 |
| Revised Code, the Director of Budget and Management may cancel and | 64002 |
| re-establish all or part of encumbrances in like amounts within | 64003 |
| the funds identified by the plan. The amounts necessary to | 64004 |
| re-establish all or part of encumbrances are hereby appropriated. | 64005 |
| * Section 603.05. That Section 310.10 of Am. Sub. H.B. 67 of | 64006 |
| the 127th General Assembly be amended to read as follows: | 64007 |
| Sec. 310.10. In proceeding with the construction project | 64008 |
| involving United States Route 68 in Champaign County, the Director | 64009 |
| of Transportation shall credit the proceeds from any sale of land | 64010 |
| previously acquired for the project to the local matching funds | 64011 |
| required for the project. | 64012 |
| The Director of Transportation shall make available | 64013 |
| $1,000,000 over the fiscal year 2008-2009 biennium for | 64014 |
| improvements to the State Route 33 Avery Muirfield Interchange. | 64015 |
| The Director shall determine how to fund the project with either | 64016 |
| state or federal moneys. | 64017 |
| * Section 603.06. That existing Section 310.10 of Am. Sub. | 64018 |
| H.B. 67 of the 127th General Assembly is hereby repealed. | 64019 |
| Section 605.05. That Section 252.70 of Am. Sub. H.B. 530 of | 64020 |
| the 126th General Assembly be amended to read as follows: | 64021 |
| Reappropriations |
| Sec. 252.70. OSU OHIO STATE UNIVERSITY | 64022 |
| CAP-074 | Basic Renovations | $ | 19,255,664 | 64023 | |||
| CAP-149 | Basic Renovations - Regional Campuses | $ | 2,083,163 | 64024 | |||
| CAP-198 | Brown Hall Annex Replacement | $ | 6,213 | 64025 | |||
| CAP-254 | Basic Renovations - ATI | $ | 127,444 | 64026 | |||
| CAP-255 | Supplemental Renovations - OARDC | $ | 2,826,343 | 64027 | |||
| CAP-256 | Supplemental Renovations - Regional | $ | 191,955 | 64028 | |||
| CAP-258 | Dreese Lab Addition | $ | 12,340 | 64029 | |||
| CAP-261 | Bioscience/Parks Hall Addition | $ | 12,584 | 64030 | |||
| CAP-269 | Greenhouse Modernization | $ | 40,982 | 64031 | |||
| CAP-271 | Horticulture/Entomology Greenhouse - OARDC | $ | 15,344 | 64032 | |||
| CAP-292 | Life Sciences Research Building | $ | 202,898 | 64033 | |||
| CAP-302 | Food Science & Technology Building | $ | 89,990 | 64034 | |||
| CAP-306 | Heart & Lung Institute | $ | 32,437 | 64035 | |||
| CAP-311 | Superconducting Radiation | $ | 65,094 | 64036 | |||
| CAP-313 | Brain Tumor Research Center | $ | 6,001 | 64037 | |||
| CAP-314 | Engineering Center Net Shape Manufacturing | $ | 20,730 | 64038 | |||
| CAP-315 | Membrane Protein Typology | $ | 8,835 | 64039 | |||
| CAP-316 | Instructional and Data Processing Equipment | $ | 198,844 | 64040 | |||
| CAP-321 | Fine Particle Technologies | $ | 157,936 | 64041 | |||
| CAP-323 | Advanced Plasma Engineering | $ | 22,379 | 64042 | |||
| CAP-324 | Plasma Ramparts | $ | 1,150 | 64043 | |||
| CAP-326 | IN-SITU AL-BE Composites | $ | 1,733 | 64044 | |||
| CAP-335 | Jay Cooke Residence - Roof and Windows | $ | 86,668 | 64045 | |||
| CAP-347 | Asbestos Abatement | $ | 5,325 | 64046 | |||
| CAP-349 | Materials Network | $ | 91,983 | 64047 | |||
| CAP-350 | Bio-Technology Consortium | $ | 42,378 | 64048 | |||
| CAP-352 | Analytical Electron Microscope | $ | 375,000 | 64049 | |||
| CAP-353 | High Temp Alloys & Alluminoids | $ | 220,000 | 64050 | |||
| CAP-357 | Supplemental Renovations - ATI | $ | 33,969 | 64051 | |||
| CAP-361 | Maintenance, Receiving, and Storage Facility - Marion | $ | 58,646 | 64052 | |||
| CAP-362 | McPherson Lab Rehabilitation | $ | 10,278 | 64053 | |||
| CAP-368 | Heart and Lung Institute | $ | 101,808 | 64054 | |||
| CAP-374 | ADA Modifications | $ | 178,870 | 64055 | |||
| CAP-375 | ADA Modifications - ATI | $ | 41,936 | 64056 | |||
| CAP-376 | ADA Modifications - Lima | $ | 95,538 | 64057 | |||
| CAP-377 | ADA Modifications - Mansfield | $ | 15,253 | 64058 | |||
| CAP-387 | Titanium Alloys | $ | 54,912 | 64059 | |||
| CAP-394 | ATI/OARDC Roof Replacements | $ | 13,913 | 64060 | |||
| CAP-398 | Advanced Manufacturing | $ | 38,579 | 64061 | |||
| CAP-399 | Manufacturing Processes/Materials | $ | 62,574 | 64062 | |||
| CAP-401 | Terhertz Studies | $ | 35,294 | 64063 | |||
| CAP-406 | Marion Park/Road/Sidewalk/Lights | $ | 2,750 | 64064 | |||
| CAP-413 | Pomerene Lighting/Wiring | $ | 249,584 | 64065 | |||
| CAP-419 | NMR Consortium | $ | 75,116 | 64066 | |||
| CAP-420 | Versatile Film Facility | $ | 62,872 | 64067 | |||
| CAP-421 | OCARNET | $ | 5,916 | 64068 | |||
| CAP-422 | Bioprocessing Research | $ | 1,905 | 64069 | |||
| CAP-423 | Localized Corrosion Research | $ | 6,128 | 64070 | |||
| CAP-424 | ATM Testbed | $ | 3,633 | 64071 | |||
| CAP-425 | Physical Sciences Building | $ | 27,748 | 64072 | |||
| CAP-427 | Morrill Hall Remodeling - Vacated Library Space - Marion | $ | 1,347,191 | 64073 | |||
| CAP-431 | Sisson Hall Replacement | $ | 5,571 | 64074 | |||
| CAP-436 | Machinery Acoustics | $ | 3,804 | 64075 | |||
| CAP-439 | Sensors and Measurements | $ | 15,115 | 64076 | |||
| CAP-440 | Polymer Magnets | $ | 1,099 | 64077 | |||
| CAP-458 | A1 Alloy Corrosion | $ | 14,292 | 64078 | |||
| CAP-484 | Page Hall Planning | $ | 7,210 | 64079 | |||
| CAP-485 | Botany & Zoology Building Planning | $ | 207,932 | 64080 | |||
| CAP-486 | Larkins Hall Addition/Renovation Planning | $ | 26,206 | 64081 | |||
| CAP-487 | Robinson Laboratory Planning | $ | 149,100 | 64082 | |||
| CAP-488 | Don Scott Field Replacement Barns | $ | 1,495,619 | 64083 | |||
| CAP-489 | Galvin Hall 3rd Floor Renovation - Lima | $ | 22,135 | 64084 | |||
| CAP-491 | Horticultural Operations Center - ATI | $ | 1,474,400 | 64085 | |||
| CAP-492 | OARDC Feed Mill | $ | 5,598,644 | 64086 | |||
| CAP-499 | Biological Sciences Cooling Tower | $ | 6,930 | 64087 | |||
| CAP-509 | Mount Hall HVAC Modifications | $ | 40,982 | 64088 | |||
| CAP-519 | Ohio Biomedical Consortium on Medical Therapeutic Micro Devices | $ | 49,275 | 64089 | |||
| CAP-520 | Plant and Microbe Functional Genomics Facilities | $ | 16,259 | 64090 | |||
| CAP-523 | Consortium for Novem Microfabrications Methods of Medical Devices in Non-Silicon Materials | $ | 193,886 | 64091 | |||
| CAP-524 | Bone & Mineral Metabolism Research Lab | $ | 5,845 | 64092 | |||
| CAP-531 | Animal & Plant Biology Level 3 | $ | 8,133,780 | 64093 | |||
| CAP-534 | Main Library Rehabilitation | $ | 9,320,846 | 64094 | |||
| CAP-535 | Psychology Building | $ | 2,128,529 | 64095 | |||
| CAP-536 | Thorne Hall and Gowley Hall Renovations - Phase 3 | $ | 199,799 | 64096 | |||
| CAP-539 | Nanosecond Infrared Measurement | $ | 2,588 | 64097 | |||
| CAP-550 | Millimeter/Submillimeter Instrument | $ | 5,919 | 64098 | |||
| CAP-552 | X-Ray Powder Diffractometer | $ | 558 | 64099 | |||
| CAP-554 | Deconvolution Microscope | $ | 1,101 | 64100 | |||
| CAP-556 | Heart/Lung Institute Animal Facility | $ | 13,140 | 64101 | |||
| CAP-564 | Denney Hall Renovation - Phase I | $ | 18,495 | 64102 | |||
| CAP-565 | Ion Mass Spectrometry | $ | 6,594 | 64103 | |||
| CAP-568 | Role of Molecular Interfaces | $ | 17,554 | 64104 | |||
| CAP-572 | New Millimeter Spectrometer | $ | 714 | 64105 | |||
| CAP-574 | Noncredit Job Training - Marion | $ | 2,933 | 64106 | |||
| CAP-576 | 1224 Kinnear Road - Bale | $ | 11,722 | 64107 | |||
| CAP-577 | Non-Silicon Micromachining | $ | 73,991 | 64108 | |||
| CAP-579 | Veterinary Hospital Auditorium Renovation | $ | 7,736 | 64109 | |||
| CAP-586 | Electroscience Lab Renovation | $ | 5,853 | 64110 | |||
| CAP-587 | OARDC Boiler Replacement | $ | 622,757 | 64111 | |||
| CAP-590 | Supercomputer Center Expansion | $ | 6,804,275 | 64112 | |||
| CAP-596 | Information Literacy | $ | 135,574 | 64113 | |||
| CAP-597 | Online Business Major | $ | 5,768 | 64114 | |||
| CAP-599 | Renovation of Graves Hall | $ | 68,196 | 64115 | |||
| CAP-602 | OARDC Wooster Phone System Replacement | $ | 467,398 | 64116 | |||
| CAP-605 | Utility - North Tunnel Steamline Upgrade | $ | 111,981 | 64117 | |||
| CAP-608 | Dual Beam Characterization | $ | 150,000 | 64118 | |||
| CAP-616 | Environmental Technology Consortium | $ | 11,297 | 64119 | |||
| CAP-617 | Campbell, University, and Evans Hall | $ | 87,439 | 64120 | |||
| CAP-620 | School of Music - Planning | $ | 1,500 | 64121 | |||
| CAP-622 | Western Branch Headquarters & Machinery Building | $ | 779,525 | 64122 | |||
| CAP-624 | Muck Crops Branch/Shop Building Replacement | $ | 756,336 | 64123 | |||
| CAP-625 | Hazardous Waste Handling/Storage Building | $ | 1,103,062 | 64124 | |||
| CAP-626 | Agriculture/Engineering Building Renovation & Addition | $ | 200,000 | 64125 | |||
| CAP-628 | Wood County Center for Agriculture | $ | 1,000,000 | 64126 | |||
| CAP-629 | Community Heritage Art Gallery - Lima | $ | 100,000 | 64127 | |||
| CAP-631 | Health Psychology | $ | 250,000 | 64128 | |||
| CAP-632 | Nanotechnology Molecular Assembly | $ | 500,000 | 64129 | |||
| CAP-633 | Networking and Communication | $ | 500,000 | 64130 | |||
| CAP-634 | Planetary Gear | $ | 125,000 | 64131 | |||
| CAP-635 | X-Ray Fluorenscence Spectrometer | $ | 2,283 | 64132 | |||
| CAP-636 | Precision Navigation | $ | 85,000 | 64133 | |||
| CAP-637 | Welding & Metal Working | $ | 200,000 | 64134 | |||
| CAP-638 | Spin Driven Electronics | $ | 6,436 | 64135 | |||
| CAP-639 | Inductively Coupled Plasma Etching | $ | 126,729 | 64136 | |||
| CAP-641 | Accelerated Metals | $ | 1,020,331 | 64137 | |||
| CAP-642 | Mathematical Biosciences Institute | $ | 54,863 | 64138 | |||
| CAP-646 | Mershon Auditorium HVAC System Improvements | $ | 2,098 | 64139 | |||
| CAP-647 | Molecular Microdevices | $ | 14,033 | 64140 | |||
| CAP-648 | Research Center HVAC System Improvements | $ | 17,088 | 64141 | |||
| CAP-649 | Infrared Absorption Measurements | $ | 2,899 | 64142 | |||
| CAP-650 | Dark Fiber | $ | 3,983,440 | 64143 | |||
| CAP-651 | Shared Data Backup System | $ | 20,922 | 64144 | |||
| CAP-653 | Third Frontier Network Testbed | $ | 280,564 | 64145 | |||
| CAP-654 | Distributed Learning Workshop | $ | 270,000 | 64146 | |||
| CAP-656 | Accelerated Maturation of Materials | $ | 209,702 | 64147 | |||
| CAP-657 | Nanoscale Polymers Manufacturing | $ | 629,699 | 64148 | |||
| CAP-658 | Hydrogen Production and Storage | $ | 32,396 | 64149 | |||
| CAP-659 | Ohio Organic Semiconductor | $ | 367,587 | 64150 | |||
| CAP-663 | Comprehensive Cancer - Chiller Replacement | $ | 42,687 | 64151 | |||
| CAP-664 | Kottman Hall - 103 Central Classroom | $ | 19,285 | 64152 | |||
| CAP-668 | West Campus Chilled Water & Scott Hall | $ | 16,139 | 64153 | |||
| CAP-669 | McCracken Power Plant Spill Control | $ | 268,508 | 64154 | |||
| CAP-670 | Glacial Assessment | $ | 22,764 | 64155 | |||
| CAP-672 | Chemical Vapor Deposition | $ | 13,500 | 64156 | |||
| CAP-674 | Parks Hall Chiller Replacement | $ | 135,360 | 64157 | |||
| CAP-675 | Hybrid Electric Vehicle Modeling | $ | 504,536 | 64158 | |||
| CAP-676 | Computational Nanotechnology | $ | 500,000 | 64159 | |||
| CAP-677 | Townshend Hall - Roof Replacement | $ | 328,772 | 64160 | |||
| CAP-678 | Center For Materials Design | $ | 1,037 | 64161 | |||
| CAP-681 | Vet Hospital Roof Replacement Phase II | $ | 85,645 | 64162 | |||
| CAP-682 | Hopkins Hall Phase II Priorities I, II | $ | 108,052 | 64163 | |||
| CAP-683 | Bioscience 6th Floor Renovation - Priority | $ | 983,186 | 64164 | |||
| CAP-684 | Ohio Commons For Digital Education | $ | 118,924 | 64165 | |||
| CAP-685 | Postle Hall Fire Alarm Replacement | $ | 116,441 | 64166 | |||
| CAP-686 | NonCredit Job Education & Training | $ | 21,104 | 64167 | |||
| CAP-687 | Campus South Dorms Renovation/Improvements | $ | 950,000 | 64168 | |||
| CAP-688 | Bricker Hall Roof Replacement | $ | 23,123 | 64169 | |||
| CAP-694 | Neuroscience Center Core | $ | 193,991 | 64170 | |||
| CAP-696 | Campus Grounds-Exterior Lighting - Phase VIII | $ | 33,814 | 64171 | |||
| CAP-697 | 930 Kinnear Road Renovations | $ | 773,303 | 64172 | |||
| CAP-698 | Waterman Lab & Don Scott Field | $ | 652,752 | 64173 | |||
| CAP-699 | Lincoln Tower Renovations - Phase 1 | $ | 477,626 | 64174 | |||
| CAP-700 | Coe Corrosion Coop | $ | 58,750 | 64175 | |||
| CAP-701 | OSU Cancer Program Expansion | $ | 2,000,000 | 64176 | |||
| CAP-702 | Smith Laboratory Rehabilitation | $ | 2,800,000 | 64177 | |||
| CAP-704 | Warner Library and Student Center | $ | 1,789,324 | 64178 | |||
| CAP-705 | Hopewell Hall Science Suite | $ | 508,408 | 64179 | |||
| CAP-706 | Atomic Force Microscopy | $ | 180,000 | 64180 | |||
| CAP-707 | Interactive Applications | $ | 463,018 | 64181 | |||
| CAP-712 | OSU Mansfield - Third Street Project | $ | 234,000 | 64182 | |||
| CAP-714 | Health Psychology | $ | 150,000 | 64183 | |||
| CAP-716 | Ohio Bioproducts Innovation Center | $ | 9,689,847 | 64184 | |||
| CAP-717 | Center for Materials Design | $ | 602,615 | 64185 | |||
| CAP-718 | Specialized Planetary Gears | $ | 150,000 | 64186 | |||
| CAP-719 | OSU Agricultural Building | $ | 1,500,000 | 64187 | |||
| CAP-720 | Automated Afm System | $ | 180,000 | 64188 | |||
| CAP-721 | Integrated Wireless Communication | $ | 141,000 | 64189 | |||
| Total Ohio State University | $ | 105,955,671 | 64190 | ||||
| BASIC RENOVATIONS | 64191 |
| The amount reappropriated for the foregoing appropriation | 64192 |
| item CAP-074, Basic Renovations, is the sum of the unencumbered | 64193 |
| and unallotted balance as of June 30, 2006, in appropriation item | 64194 |
| CAP-074, Basic Renovations, plus $6,927. | 64195 |
| OARDC THORNE & GOURLEY HALL | 64196 |
| The amount reappropriated for the foregoing appropriation | 64197 |
| item CAP-274, OARDC Thorne & Gourley Hall shall be $1,007. | 64198 |
| WOOD COUNTY CENTER FOR AGRICULTURE | 64199 |
| Of the foregoing appropriation item CAP-628, Wood County | 64200 |
| Center for Agriculture, up to $300,000 shall be used for building | 64201 |
| renovations to the OSU Extension Office/Ag Business Enhancement | 64202 |
| Center. | 64203 |
| The remainder of appropriation item CAP-628, Wood County | 64204 |
| Center for Agriculture, shall be used for an alternative energy | 64205 |
| generation project at the East Gypsy Lane Complex in Wood County | 64206 |
| or an agricultural energy facility recommended by the Wood County | 64207 |
| commissioners. | 64208 |
| Section 605.06. That existing Section 252.70 of Am. Sub. H.B. | 64209 |
| 530 of the 126th General Assembly is hereby repealed. | 64210 |
| Section 621.05. That Section 153 of Am. Sub. H.B. 117 of the | 64211 |
| 121st General Assembly, as most recently amended by Am. Sub. H.B. | 64212 |
| 66 of the 126th General Assembly, be amended to read as follows: | 64213 |
| Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, 5112.05, | 64214 |
| 5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18, | 64215 |
| 5112.19, 5112.21, and 5112.99 of the Revised Code are hereby | 64216 |
|
repealed, effective
October 16, | 64217 |
| (B) Any money remaining in the Legislative Budget Services | 64218 |
|
Fund
on
October 16, | 64219 |
| the Revised Code is repealed by division (A) of this section, | 64220 |
| shall be used solely for the purposes stated in then former | 64221 |
| section 5112.19 of the Revised Code. When all money in the | 64222 |
| Legislative Budget Services Fund has been spent after then former | 64223 |
| section 5112.19 of the Revised Code is repealed under division (A) | 64224 |
| of this section, the fund shall cease to exist. | 64225 |
| Section 621.06. That existing Section 153 of Am. Sub. H.B. | 64226 |
| 117 of the 121st General Assembly, as most recently amended by Am. | 64227 |
| Sub. H.B. 66 of the 126th General Assembly, is hereby repealed. | 64228 |
| Section 703.10. The Governor's Office of Faith-Based and | 64229 |
| Community Initiatives, with the assistance of the Advisory Board | 64230 |
| of the Governor's Office of Faith-Based and Community Initiatives, | 64231 |
| shall conduct a study of the feasibility and advisability of the | 64232 |
| Office becoming a private nonprofit entity rather than a part of | 64233 |
| the Governor's office. The study and any resulting recommendations | 64234 |
| shall be submitted, not later than July 1, 2008, to the Governor, | 64235 |
| the Speaker of the House of Representatives, the President of the | 64236 |
| Senate, and the Minority Leaders of the House of Representatives | 64237 |
| and the Senate. | 64238 |
| Section 706.03. (A) As used in this section, "appointing | 64239 |
| authority" has the same meaning as in section 124.01 of the | 64240 |
| Revised Code, and "exempt employee" has the same meaning as in | 64241 |
| section 124.152 of the Revised Code. | 64242 |
| (B) Notwithstanding section 124.181 of the Revised Code, both | 64243 |
| of the following apply: | 64244 |
| (1) In cases where no vacancy exists, an appointing authority | 64245 |
| may, with the written consent of an exempt employee, assign duties | 64246 |
| of a higher classification to that exempt employee for a period of | 64247 |
| time not to exceed two years, and that exempt employee shall | 64248 |
| receive compensation at a rate commensurate with the duties of the | 64249 |
| higher classification. | 64250 |
| (2) If necessary, exempt employees who are assigned to duties | 64251 |
| within their agency to maintain operations during the Ohio | 64252 |
| Administrative Knowledge System (OAKS) implementation may agree to | 64253 |
| a temporary assignment that exceeds the two-year limit. | 64254 |
| Section 737.10. (A) Notwithstanding any provision of law to | 64255 |
| the contrary, the Public Health Council shall rescind rules | 64256 |
| adopted by the Council under section 3718.02 of the Revised Code, | 64257 |
| as it existed prior to its repeal by this act, that took effect on | 64258 |
| January 1, 2007. At the same time as those rules are rescinded, | 64259 |
| the Council shall adopt rules that are identical to the rules | 64260 |
| adopted by the Council that were in effect prior to January 1, | 64261 |
| 2007, and were codified in Chapter 3701-29 of the Administrative | 64262 |
| Code. | 64263 |
| (B) The rescission and adoption of rules under division (A) | 64264 |
| of this section are not subject to section 119.03 of the Revised | 64265 |
| Code. However, the Public Health Council shall file the rules in | 64266 |
| accordance with section 119.04 of the Revised Code. Upon that | 64267 |
| filing, the rules take immediate effect. | 64268 |
| Section 739.10. Section 3905.36 of the Revised Code is | 64269 |
| amended by this act for the purpose of clarifying the intent of | 64270 |
| the 126th General Assembly when it amended division (B)(4) of | 64271 |
| section 3905.36 of the Revised Code. Notwithstanding any provision | 64272 |
| of section 3905.36 of the Revised Code to the contrary, all | 64273 |
| agencies and departments of the state or any political subdivision | 64274 |
| shall apply the legislative intent from this amendment as of | 64275 |
| January 1, 2007. | 64276 |
| Section 753.10. The duties of an owner of residential rental | 64277 |
| property to comply with and of a county auditor to accept | 64278 |
| compliance with sections 5323.01, 5323.02, 5323.03, 5323.04, and | 64279 |
| 5323.99 of the Revised Code in a county are tolled until the board | 64280 |
| of county commissioners adopts a resolution under the first | 64281 |
| paragraph of section 5323.011 of the Revised Code. | 64282 |
| Section 753.20. (A) The staff of the Legislative Service | 64283 |
| Commission shall study the feasibility and potential results of | 64284 |
| the state's offering incentives for local entities, including | 64285 |
| municipal corporations, counties, townships, local historical | 64286 |
| societies, and regional authorities, to assume control of state | 64287 |
| historical sites. The incentives to be studied shall include the | 64288 |
| establishment of tax credits, the contribution of capital dollars, | 64289 |
| and the creation of an endowment-matching program. | 64290 |
| The study shall focus on the cost and funding aspects of the | 64291 |
| incentives that are studied. In addition, the study shall attempt | 64292 |
| to determine the potential results of providing each incentive at | 64293 |
| varying levels. | 64294 |
| (B) Not later than six months after the effective date of | 64295 |
| this section, the staff of the Commission shall report its | 64296 |
| findings to the Commission. | 64297 |
| * Section 755.03. The Director of Transportation may conduct a | 64298 |
| twelve-month pilot project to be completed not later than June 30, | 64299 |
| 2009, for energy price risk management by entering into a contract | 64300 |
| with a qualified provider of energy risk management services. The | 64301 |
| contract may include rate analysis, negotiation services, market | 64302 |
| and regulatory analysis, budget and financial analysis, and | 64303 |
| mitigation strategies for volatile energy sources, including | 64304 |
| natural gas, gasoline, oil, and diesel fuel, but shall not include | 64305 |
| energy procurement and shall not subject more than thirty per cent | 64306 |
| of the Department's annual energy needs to the risk management | 64307 |
| services. The Director shall select the energy risk management | 64308 |
| services provider through a qualifications-based selection | 64309 |
| process, subject to Controlling Board approval. The contract shall | 64310 |
| specify that the Department may share the analysis and services of | 64311 |
| the energy risk management services provider with all state | 64312 |
| agencies and operations. The Director may use revenues from the | 64313 |
| state motor vehicle fuel tax or other funds appropriated by the | 64314 |
| General Assembly for the pilot project to pay amounts due under | 64315 |
| the contract and shall deposit any amounts received under the | 64316 |
| contract into the Highway Operating Fund created under section | 64317 |
| 5735.291 of the Revised Code. | 64318 |
| Section 757.01. Every two years during biennial budget | 64319 |
| deliberations, the Tax Commissioner shall review the percentage of | 64320 |
| the total price of electricity that is indicated under division | 64321 |
| (C)(2) of section 5727.81 of the Revised Code, as amended by this | 64322 |
| act. Such review shall include a consideration of the fluctuations | 64323 |
| in the price of electricity that have occurred in the most recent | 64324 |
| two fiscal years and other factors influencing the economy of the | 64325 |
| state. | 64326 |
| Section 757.03. (A) Beginning in July 2007 and ending in | 64327 |
| November 2007, on or before the seventh day of each month, the Tax | 64328 |
| Commissioner shall determine and certify to the Director of Budget | 64329 |
| and Management the amount to be credited from each tax source | 64330 |
| under divisions (B), (C), and (D) of this section to the Local | 64331 |
| Government Fund, the Library and Local Government Support Fund, | 64332 |
| and the Local Government Revenue Assistance Fund. | 64333 |
| (B) Notwithstanding sections 5727.45, 5727.84, 5733.12, | 64334 |
| 5739.21, 5741.03, and 5747.03 of the Revised Code or any other | 64335 |
| provision of law to the contrary, for each month in the period | 64336 |
| beginning July 1, 2007, and ending November 30, 2007, tax revenues | 64337 |
| credited to the Local Government Fund, the Library and Local | 64338 |
| Government Support Fund, and the Local Government Revenue | 64339 |
| Assistance Fund under those sections shall instead be credited as | 64340 |
| follows: | 64341 |
| (1) An amount shall first be credited to the Local Government | 64342 |
| Fund as prescribed under division (C) of this section; | 64343 |
| (2) An amount shall next be credited to the Local Government | 64344 |
| Revenue Assistance Fund as prescribed under division (C) of this | 64345 |
| section; | 64346 |
| (3) An amount shall next be credited to the Library and Local | 64347 |
| Government Support Fund as prescribed under division (D) of this | 64348 |
| section. | 64349 |
| (C) Receipts from the corporation franchise, sales and use, | 64350 |
| public utility excise, kilowatt-hour, and personal income taxes | 64351 |
| shall be credited to the Local Government Fund and the Local | 64352 |
| Government Revenue Assistance Fund as follows: | 64353 |
| (1) In July 2007, the amount that was credited in July 2006; | 64354 |
| (2) In August 2007, the amount that was credited in August | 64355 |
| 2006; | 64356 |
| (3) In September 2007, the amount that was credited in | 64357 |
| September 2006; | 64358 |
| (4) In October 2007, the amount that was credited in October | 64359 |
| 2006; | 64360 |
| (5) In November 2007, the amount that was credited in | 64361 |
| November 2006. | 64362 |
| (D) Receipts from the personal income tax shall be credited | 64363 |
| to the Library and Local Government Support Fund as follows: | 64364 |
| (1) In July 2007, the amount that was credited in July 2006; | 64365 |
| (2) In August 2007, the amount that was credited in August | 64366 |
| 2006; | 64367 |
| (3) In September 2007, the amount that was credited in | 64368 |
| September 2006; | 64369 |
| (4) In October 2007, the amount that was credited in October | 64370 |
| 2006; | 64371 |
| (5) In November 2007, the amount that was credited in | 64372 |
| November 2006. | 64373 |
| (E)(1) To the extent the amounts required to be credited to | 64374 |
| the Local Government Fund, the Library and Local Government | 64375 |
| Support Fund, and the Local Government Revenue Assistance Fund | 64376 |
| under divisions (C) and (D) of this section exceed the amounts | 64377 |
| that otherwise would have been credited to those funds under | 64378 |
| sections 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, and 5747.03 | 64379 |
| of the Revised Code, amounts required to be credited to the | 64380 |
| General Revenue Fund under those sections shall be reduced | 64381 |
| accordingly. | 64382 |
| (2) To the extent the amounts required to be credited to the | 64383 |
| Local Government Fund, the Library and Local Government Support | 64384 |
| Fund, and the Local Government Revenue Assistance Fund under | 64385 |
| divisions (C) and (D) of this section are less than the amounts | 64386 |
| that otherwise would have been credited to those funds under | 64387 |
| sections 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, and 5747.03 | 64388 |
| of the Revised Code, amounts required to be credited to the | 64389 |
| General Revenue Fund under those sections shall be increased | 64390 |
| accordingly. | 64391 |
| (F) The total amount credited each month under this section | 64392 |
| to the Local Government Fund, the Library and Local Government | 64393 |
| Support Fund, and the Local Government Revenue Assistance Fund | 64394 |
| shall be distributed on or before the tenth day of the immediately | 64395 |
| succeeding month as follows: | 64396 |
| (1) Each county undivided Local Government Fund shall receive | 64397 |
| a distribution from the Local Government Fund that is based upon | 64398 |
| its proportionate share of the total amount received by it from | 64399 |
| the fund in the same month during the preceding calendar year. | 64400 |
| (2) Each municipal corporation receiving a direct | 64401 |
| distribution from the Local Government Fund shall receive a | 64402 |
| distribution that is based upon its proportionate share of the | 64403 |
| total amount received by it from the fund in the same month during | 64404 |
| the preceding calendar year. | 64405 |
| (3) Each county undivided Local Government Revenue Assistance | 64406 |
| Fund shall receive a distribution from the Local Government | 64407 |
| Revenue Assistance Fund that is based upon its proportionate share | 64408 |
| of the total amount received by it from the fund in the same month | 64409 |
| during the preceding calendar year. | 64410 |
| (4) Each county undivided Library and Local Government | 64411 |
| Support Fund shall receive a distribution from the Library and | 64412 |
| Local Government Support Fund that is based upon its proportionate | 64413 |
| share of the total amount received by it from the fund in the same | 64414 |
| month during the preceding calendar year. | 64415 |
| (G) Distributions shall not be made in accordance with | 64416 |
| sections 5747.47 and 5747.50 of the Revised Code until January 1, | 64417 |
| 2008. | 64418 |
| (H) Notwithstanding section 5747.47 of the Revised Code, the | 64419 |
| Tax Commissioner is not required to issue the certification | 64420 |
| required by that section to be made in December 2007 for calendar | 64421 |
| year 2007. The Tax Commissioner may, as the Commissioner considers | 64422 |
| appropriate, provide to each county auditor additional revised | 64423 |
| estimates or other information relating to distributions in 2007, | 64424 |
| 2008, or 2009 at any time during the period beginning July 1, | 64425 |
| 2007, and ending June 30, 2009. | 64426 |
| (I)(1) Notwithstanding division (A) of section 131.51 of the | 64427 |
| Revised Code, on or before January 5, 2008, the Director of Budget | 64428 |
| and Management shall credit to the Local Communities Fund an | 64429 |
| amount equal to three and sixty-eight one-hundredths per cent of | 64430 |
| total tax revenues credited to the General Revenue Fund during | 64431 |
| December 2007. In determining the total tax revenues credited to | 64432 |
| the General Revenue Fund during that month, transfers made from | 64433 |
| the General Revenue Fund during that month to the Local Government | 64434 |
| Fund, the Local Government Revenue Assistance Fund, and the | 64435 |
| Library and Local Government Support Fund shall be disregarded. | 64436 |
| Moneys credited to the Local Communities Fund under division | 64437 |
| (I)(1) of this section shall be distributed in January 2008 in | 64438 |
| accordance with section 5747.50 of the Revised Code. | 64439 |
| (2) Notwithstanding division (B) of section 131.51 of the | 64440 |
| Revised Code, on or before January 5, 2008, the Director of Budget | 64441 |
| and Management shall credit to the Local Libraries Fund an amount | 64442 |
| equal to two and twenty-two one-hundredths per cent of total tax | 64443 |
| revenues credited to the General Revenue Fund during December | 64444 |
| 2007. In determining the total tax revenues credited to the | 64445 |
| General Revenue Fund during that month, transfers made from the | 64446 |
| General Revenue Fund during that month to the Local Government | 64447 |
| Fund, the Local Government Revenue Assistance Fund, and the | 64448 |
| Library and Local Government Support Fund shall be disregarded. | 64449 |
| Moneys credited to the Local Libraries Fund under division (I)(2) | 64450 |
| of this section shall be distributed in January 2008 in accordance | 64451 |
| with section 5747.47 of the Revised Code. | 64452 |
| Section 757.04. Notwithstanding sections 5747.46 and 5747.47 | 64453 |
| of the Revised Code or any other provision of law to the contrary, | 64454 |
| a county's actual Library and Local Government Support Fund total | 64455 |
| entitlement for the 2007 distribution year shall equal the amount | 64456 |
| that was distributed to the county's Library and Local Government | 64457 |
| Support Fund from the Library and Local Government Support Fund | 64458 |
| during the 2007 calendar year. Each county's resulting calendar | 64459 |
| year 2007 Library and Local Government Support Fund entitlement | 64460 |
| shall be used by the Tax Commissioner for purposes of determining | 64461 |
| the guaranteed share of the Local Libraries Fund in section | 64462 |
| 5747.46 of the Revised Code for the 2008 distribution year and | 64463 |
| shall be used by the Commissioner in making: | 64464 |
| (A) The calendar year 2008 estimated entitlements of the | 64465 |
| Local Libraries Fund required by section 5747.47 of the Revised | 64466 |
| Code to be certified to county auditors in July 2007, December | 64467 |
| 2007, and June 2008; and | 64468 |
| (B) The calendar year 2008 actual Local Libraries Fund | 64469 |
| entitlement computations required by section 5747.47 of the | 64470 |
| Revised Code to be certified to county auditors in December 2008. | 64471 |
| Section 757.05. The General Assembly recognizes that some | 64472 |
| qualifying taxpayers are authorized to claim the credit against | 64473 |
| the commercial activity tax under section 5751.53 of the Revised | 64474 |
| Code for disallowed Ohio net operating loss deductions, and that | 64475 |
| some qualifying taxpayers are not authorized to claim that credit | 64476 |
| as that section currently exists, depending on whether the | 64477 |
| taxpayer was able to record deferred tax items on its books and | 64478 |
| records and comply with the requirements of division (D) of that | 64479 |
| section. The General Assembly further recognizes that the credits | 64480 |
| authorized under section 5751.53 of the Revised Code may not be | 64481 |
| claimed until 2010. Therefore, the General Assembly declares that | 64482 |
| it intends to consider, in consultation with the Governor, whether | 64483 |
| eligibility to claim the credit by qualifying taxpayers shall be | 64484 |
| modified before the initial credit may be claimed in 2010, with a | 64485 |
| view to extending eligibility to qualifying taxpayers not able to | 64486 |
| claim the credits under the terms of that section as it currently | 64487 |
| exists. | 64488 |
| Any term used in this section has the same meaning as in | 64489 |
| section 5751.53 of the Revised Code. | 64490 |
| Section 757.07. For tax years 2007 and thereafter, telephone, | 64491 |
| telegraph, and interexchange telecommunications companies, as | 64492 |
| defined in section 5727.01 of the Revised Code, shall list taxable | 64493 |
| property at the percentage of true value required in Chapter 5711. | 64494 |
| of the Revised Code. For purposes of assigning taxable valuation | 64495 |
| to each taxing district for those years, the Tax Commissioner | 64496 |
| shall continue to use the apportionment provisions of Chapter | 64497 |
| 5727. of the Revised Code. However, such property shall be listed | 64498 |
| by the county auditor and certified to the county treasurer for | 64499 |
| collection under the provisions applicable to the general tax list | 64500 |
| of personal property and not upon the tax list and duplicate of | 64501 |
| real and public utility personal property. | 64502 |
| Section 757.08. Resolutions adopted by a board of township | 64503 |
| trustees of a limited home rule township pursuant to Chapter 504. | 64504 |
| and section 5709.73 of the Revised Code in December 2005 are | 64505 |
| hereby deemed to have had an immediate effective date if the board | 64506 |
| unanimously adopts a resolution so declaring. | 64507 |
| Section 757.10. The Department of Administrative Services, in | 64508 |
| conjunction with the Department of Taxation, may acquire the State | 64509 |
| Taxation Revenue and Accounting System (STARS) pursuant to Chapter | 64510 |
| 125. of the Revised Code, including, but not limited to, the | 64511 |
| application software and installation and implementation thereof, | 64512 |
| for the use of the Department of Taxation. STARS is an integrated | 64513 |
| tax collection and audit system that will replace all of the | 64514 |
| state's existing separate tax software and administration systems | 64515 |
| for the various taxes collected by the state. Any lease-purchase | 64516 |
| arrangement used under Chapter 125. of the Revised Code to acquire | 64517 |
| STARS, including any fractionalized interests therein as defined | 64518 |
| in division (N) of section 133.01 of the Revised Code, must | 64519 |
| provide that at the end of the lease period, STARS becomes the | 64520 |
| property of the state. | 64521 |
| Section 757.20. (A)(1) The county auditor of each county | 64522 |
| that is included in whole or in part in the Muskingum Watershed | 64523 |
| Conservancy District shall include with the second half tax bill | 64524 |
| that is required to be mailed in 2007 in accordance with section | 64525 |
| 323.13 of the Revised Code the notice that is required to be | 64526 |
| prepared under division (A)(2) of this section. The notice shall | 64527 |
| be included in the second half tax bill of each person on the tax | 64528 |
| duplicate whose property is located in the Muskingum Watershed | 64529 |
| Conservancy District and subject to the maintenance assessment | 64530 |
| referred to in division (A)(2) of this section. The notice shall | 64531 |
| be included with the second half tax bill notwithstanding division | 64532 |
| (D) of section 323.131 of the Revised Code. | 64533 |
| (2) The board of directors of the Muskingum Watershed | 64534 |
| Conservancy District shall prepare written notification of the | 64535 |
| maintenance assessment to be levied by the District under section | 64536 |
| 6111.53 of the Revised Code that is scheduled to begin collection | 64537 |
| in calendar year 2008. The notification shall be prepared for | 64538 |
| inclusion in the 2007 second half tax bill of each person that is | 64539 |
| required to receive the notification under division (A)(1) of this | 64540 |
| section. For each person receiving a second half tax bill in 2007 | 64541 |
| and required to receive the notification under that division, the | 64542 |
| notification shall include a statement that the District intends | 64543 |
| to levy the maintenance assessment and shall include an indication | 64544 |
| of the amount of the assessment that is applicable to that person. | 64545 |
| The board of directors shall take whatever actions are necessary | 64546 |
| and work with each applicable county auditor to ensure that the | 64547 |
| notifications are included with the second half tax bills as | 64548 |
| required by this section. | 64549 |
| (B) With respect to persons that will be subject to the | 64550 |
| maintenance assessment to be levied by the Muskingum Watershed | 64551 |
| Conservancy District under section 6111.53 of the Revised Code | 64552 |
| that is scheduled to begin collection in calendar year 2008, but | 64553 |
| that do not receive a second half tax bill in 2007 or that do not | 64554 |
| otherwise receive the notification that is required to be included | 64555 |
| in the tax bill under division (A) of this section, the board of | 64556 |
| directors of the District shall cause to be sent by United States | 64557 |
| mail a notification of the assessment. The contents of the | 64558 |
| notification shall be the same as those that are specified for the | 64559 |
| notification that is required under division (A) of this section. | 64560 |
| The notification shall be sent not later than one hundred twenty | 64561 |
| days prior to the date on which the maintenance assessment is | 64562 |
| effective. | 64563 |
| (C) If the board of directors of the Muskingum Watershed | 64564 |
| Conservancy District fails to comply with divisions (A) and (B) of | 64565 |
| this section, the maintenance assessment that is scheduled to | 64566 |
| begin collection in calendar year 2008 shall not be collected. | 64567 |
| However, the board of directors subsequently may collect the | 64568 |
| maintenance assessment if the board gives notification of the | 64569 |
| maintenance assessment to every person that is required to receive | 64570 |
| the notification under divisions (A) and (B) of this section. The | 64571 |
| notification shall include the information that is required to be | 64572 |
| included under division (A)(2) of this section. | 64573 |
| Section 803.03. The amendment by this act of sections | 64574 |
| 3119.022, 3119.023, 3119.29, and 3119.30 of the Revised Code first | 64575 |
| applies on February 1, 2008, or on the effective date of | 64576 |
| regulations defining "reasonable cost" issued by the United States | 64577 |
| Secretary of Health and Human Services, whichever is later. | 64578 |
| Section 803.06. (A) The amendment by this act of sections | 64579 |
| 323.151, 323.152, 323.153, and 323.154 of the Revised Code does | 64580 |
| not take effect until the tax year that includes the day the | 64581 |
| Director of Budget and Management certifies to the Governor, the | 64582 |
| Speaker of the House of Representatives, the Minority Leader of | 64583 |
| the House of Representatives, the President of the Senate, and the | 64584 |
| Minority Leader of the Senate, either of the following: | 64585 |
| (1) That there is sufficient revenue to the credit of one or | 64586 |
| more funds in the state treasury, not otherwise appropriated or | 64587 |
| encumbered, to make the additional property tax reimbursements | 64588 |
| required by the amendment by this act of those sections and | 64589 |
| sections 4503.064, 4503.065, 4503.066, and 4503.067 of the Revised | 64590 |
| Code. | 64591 |
| (2) That, at the time such additional property tax | 64592 |
| reimbursements are required to be made under section 323.156 or | 64593 |
| 4503.068 of the Revised Code, there will be sufficient revenue, | 64594 |
| currently in the process of collection and not otherwise | 64595 |
| appropriated or encumbered, to the credit of one or more funds of | 64596 |
| the state treasury and available to make such additional | 64597 |
| reimbursements. | 64598 |
| (B) The amendment by this act of sections 4503.064, 4503.065, | 64599 |
| 4503.066, and 4503.067 of the Revised Code does not apply until | 64600 |
| the tax year next ensuing the tax year the amendment of sections | 64601 |
| 323.151, 323.152, 323.153, and 323.154 of the Revised Code applies | 64602 |
| in accordance with division (A) of this section. | 64603 |
| (C) For any tax years before the first tax year the | 64604 |
| amendments referred to in divisions (A) and (B) of this section | 64605 |
| apply, the sections as they existed before the effective date of | 64606 |
| those amendments shall apply. | 64607 |
| Section 803.09. The amendment or enactment by this act of | 64608 |
| section 4505.06, division (B)(23) of section 5739.02, and sections | 64609 |
| 5739.029, 5739.033, and 5739.213 of the Revised Code apply to | 64610 |
| sales described in division (A) of section 5739.029 of the Revised | 64611 |
| Code on or after August 1, 2007. | 64612 |
| Section 806.03. The sections and items of law contained in | 64613 |
| this act, and their applications, are severable. If any section or | 64614 |
| item of law contained in this act, or if any application of any | 64615 |
| section or item of law contained in this act, is held invalid, the | 64616 |
| invalidity does not affect other sections or items of law | 64617 |
| contained in this act and their applications that can be given | 64618 |
| effect without the invalid section or item of law or application. | 64619 |
| Section 809.03. An item of law, other than an amending, | 64620 |
| enacting, or repealing clause, that composes the whole or part of | 64621 |
| an uncodified section contained in this act has no effect after | 64622 |
| June 30, 2009, unless its context clearly indicates otherwise. | 64623 |
| Section 812.03. Except as otherwise specifically provided in | 64624 |
| this act, the codified sections of law amended or enacted in this | 64625 |
| act, and the items of law of which the codified sections of law | 64626 |
| amended or enacted in this act are composed, are subject to the | 64627 |
| referendum. Therefore, under Ohio Constitution, Article II, | 64628 |
| Section 1c and section 1.471 of the Revised Code, the codified | 64629 |
| sections of law amended or enacted by this act, and the items of | 64630 |
| law of which the codified sections of law as amended or enacted by | 64631 |
| this act are composed, take effect on the ninety-first day after | 64632 |
| this act is filed with the Secretary of State. If, however, a | 64633 |
| referendum petition is filed against any such codified section of | 64634 |
| law as amended or enacted by this act, or against any item of law | 64635 |
| of which any such codified section of law as amended or enacted by | 64636 |
| this act is composed, the codified section of law as amended or | 64637 |
| enacted, or item of law, unless rejected at the referendum, takes | 64638 |
| effect at the earliest time permitted by law. | 64639 |
| Section 812.06. Except as otherwise specifically provided in | 64640 |
| this act, the repeal by this act of a codified section of law is | 64641 |
| subject to the referendum. Therefore, under Ohio Constitution, | 64642 |
| Article II, Section 1c and section 1.471 of the Revised Code, the | 64643 |
| repeal by this act of a codified section of law takes effect on | 64644 |
| the ninety-first day after this act is filed with the Secretary of | 64645 |
| State. If, however, a referendum petition is filed against any | 64646 |
| such repeal, the repeal, unless rejected at the referendum, takes | 64647 |
| effect at the earliest time permitted by law. | 64648 |
| Section 812.09. The sections of law amended, enacted, or | 64649 |
| repealed by this act that are listed in this section are subject | 64650 |
| to the referendum. Therefore, under Ohio Constitution, Article II, | 64651 |
| Section 1c and section 1.471 of the Revised Code, the sections, | 64652 |
| and the items of law of which they are composed, take effect as | 64653 |
| specified in this section. If, however, a referendum petition is | 64654 |
| filed against any such section as amended, enacted, or repealed, | 64655 |
| or against any item of law of which any such section as amended or | 64656 |
| enacted is composed, the section as amended, enacted, or repealed | 64657 |
| goes into effect at the earliest time permitted by law that is on | 64658 |
| or after the effective date specified in this section. | 64659 |
| Section 5111.014 of the Revised Code takes effect January 1, | 64660 |
| 2008. | 64661 |
| Section 812.12. Uncodified sections of law amended or enacted | 64662 |
| in this act, and items of law contained within the uncodified | 64663 |
| sections of law amended or enacted in this act, that are marked | 64664 |
| with an asterisk are subject to the referendum. Therefore, under | 64665 |
| Ohio Constitution, Article II, Section 1c and section 1.471 of the | 64666 |
| Revised Code, the uncodified sections and items of law marked with | 64667 |
| an asterisk take effect on the ninety-first day after this act is | 64668 |
| filed with the Secretary of State. If, however, a referendum | 64669 |
| petition is filed against an uncodified section or item of law | 64670 |
| marked with an asterisk, the uncodified section or item of law | 64671 |
| marked with an asterisk, unless rejected at the referendum, takes | 64672 |
| effect at the earliest time permitted by law. | 64673 |
| If the amending and existing repeal clauses commanding the | 64674 |
| amendment of an uncodified section of law are both marked with | 64675 |
| asterisks, the uncodified section as amended is deemed also to | 64676 |
| have been marked with an asterisk. | 64677 |
| An asterisk marking an uncodified section or item of law has | 64678 |
| the form*. | 64679 |
| This section defines the meaning and form of, but is not | 64680 |
| itself to be considered marked with, an asterisk. | 64681 |
| Section 815.03. The sections of law amended or enacted by | 64682 |
| this act that are listed in this section, and the items of law of | 64683 |
| which such sections as amended or enacted by this act are | 64684 |
| composed, are not subject to the referendum. Therefore, under Ohio | 64685 |
| Constitution, Article II, Section 1d and section 1.471 of the | 64686 |
| Revised Code, such sections as amended or enacted by this act, and | 64687 |
| the items of law of which such sections as amended or enacted by | 64688 |
| this act are composed, go into immediate effect when this act | 64689 |
| becomes law. | 64690 |
| Sections 109.57, 122.051, 122.071, 122.076, 122.17, 122.171, | 64691 |
| 122.174, 122.602, 124.152, 126.16, 126.24, 126.40, 127.16, 173.35, | 64692 |
| 183.01, 183.021, 183.17, 183.33, 183.34, 183.35, 183.51, 183.52, | 64693 |
| 1503.05, 1713.031, 2927.023, 3109.04, 3109.041, 3119.022, | 64694 |
| 3119.023, 3119.29, 3119.30, 3301.0711, 3310.51, 3310.52, 3310.53, | 64695 |
| 3310.54, 3310.55, 3310.56, 3310.57, 3310.58, 3310.59, 3310.60, | 64696 |
| 3310.61, 3310.62, 3310.63, 3313.615, 3313.98, 3314.015, 3314.016, | 64697 |
| 3314.02, 3314.074, 3314.08, 3314.087, 3314.19, 3314.26, 3317.01, | 64698 |
| 3317.012, 3317.013, 3317.014, 3317.015, 3317.016, 3317.017, | 64699 |
| 3317.021, 3317.022, 3317.023, 3317.024, 3317.025, 3317.029, | 64700 |
| 3317.0216, 3317.0217, 3317.03, 3317.04, 3317.08, 3317.16, 3317.20, | 64701 |
| 3317.201, 3318.12, 3323.052, 3333.55, 3365.01, 3701.135, 3702.68 | 64702 |
| (3702.59), 3704.03, 3704.14, 3721.51, 3721.541, 3721.56, 3735.672, | 64703 |
| 4301.43, 4503.10, 4513.263, 4723.621, 4723.63, 4723.64, 4723.65, | 64704 |
| 4723.66, 4743.05, 4766.05, 4775.08, 5101.802, 5101.98, 5104.30, | 64705 |
| 5111.871, 5111.8814, 5112.341, 5123.01, 5123.033, 5123.045, | 64706 |
| 5123.0414, 5123.0415, 5123.051, 5123.16, 5123.161, 5123.162, | 64707 |
| 5123.163, 5123.164, 5123.165, 5123.166, 5123.167, 5123.168, | 64708 |
| 5123.169, 5123.19, 5123.196, 5123.198, 5123.20, 5123.211, 5123.38, | 64709 |
| 5123.41, 5123.51, 5123.605, 5123.99, 5126.11, 5126.12, 5126.15, | 64710 |
| 5126.19, 5126.25, 5126.40, 5126.42, 5126.43, 5126.45, 5126.47, | 64711 |
| 5709.68, 5747.46, 5747.47, 5747.50, 5747.501, 5747.51, 5747.52, | 64712 |
| 5747.53, 5747.54, 5747.55, 5751.21, 5907.15, 5907.16, and | 64713 |
| 6111.0381 of the Revised Code. | 64714 |
| Section 815.06. The repeal by this act of the sections of law | 64715 |
| listed in this section is not subject to the referendum. | 64716 |
| Therefore, under Ohio Constitution, Article II, Section 1d and | 64717 |
| section 1.471 of the Revised Code, the repeals go into immediate | 64718 |
| effect when this act becomes law. | 64719 |
| Sections 183.02, 183.27, 183.32, 5123.16, 5123.182, 5123.199, | 64720 |
| 5126.053, 5126.431, 5126.44, 5126.451, 5747.61, 5747.62, and | 64721 |
| 5747.63 of the Revised Code. | 64722 |
| The version of section 3702.68 of the Revised Code that was | 64723 |
| scheduled to take effect July 1, 2007. | 64724 |
| Section 815.09. The sections of law amended, enacted, or | 64725 |
| repealed by this act that are listed in this section are not | 64726 |
| subject to the referendum. Therefore, under Ohio Constitution, | 64727 |
| Article II, Section 1d and section 1.471 of the Revised Code, the | 64728 |
| sections as amended, enacted, or repealed, and the items of law of | 64729 |
| which as amended or enacted they are composed, go into effect as | 64730 |
| specified in this section. | 64731 |
| Sections 126.04, 5123.047, 5123.048, 5123.049, 5123.0411, | 64732 |
| 5123.0416, 5126.054, 5126.056, 5126.059, 5126.0510, 5126.0512, and | 64733 |
| 5705.44 of the Revised Code take effect July 1, 2007. | 64734 |
| The version of section 127.16 of the Revised Code that is | 64735 |
| scheduled to take effect July 1, 2007, takes effect July 1, 2007. | 64736 |
| Sections 340.03 and 5119.611 of the Revised Code take effect | 64737 |
| July 1, 2007. | 64738 |
| Sections 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, and | 64739 |
| 5747.03 of the Revised Code take effect December 1, 2007. | 64740 |
| Sections 118.01, 118.08, 118.17, 118.20, 118.23, 127.14, | 64741 |
| 131.44, 131.51, 133.10, 133.25, 135.35, 135.352, 152.31, 164.05, | 64742 |
| 164.051, 307.021, 307.6910, 321.08, 709.191, 742.301, 3375.05, | 64743 |
| 3375.121, 3375.40, 3375.85, 4123.35, 5139.27, 5139.271, 5705.28, | 64744 |
| 5705.281, 5705.29, 5705.30, 5705.31, 5705.32, 5705.321, 5705.37, | 64745 |
| 5709.882, 5715.36, 5719.041, 5725.151, 5725.24, 5747.48, and | 64746 |
| 6121.043 of the Revised Code take effect January 1, 2008. | 64747 |
| Section 815.12. Except as otherwise specifically provided in | 64748 |
| this act, the uncodified sections of law amended or enacted in | 64749 |
| this act, and the items of law of which the uncodified sections of | 64750 |
| law amended or enacted in this act are composed, are not subject | 64751 |
| to the referendum. Therefore, under Ohio Constitution, Article II, | 64752 |
| Section 1d and section 1.471 of the Revised Code, the uncodified | 64753 |
| sections of law amended or enacted in this act, and the items of | 64754 |
| law of which the uncodified sections of laws amended or enacted in | 64755 |
| this act are composed, go into immediate effect when this act | 64756 |
| becomes law. | 64757 |
| Section 818.03. The amendment or enactment by this act of the | 64758 |
| sections of law listed in this section provides for or is | 64759 |
| essential to implementation of a tax levy. Therefore, under Ohio | 64760 |
| Constitution, Article II, Section 1d, the amendments and | 64761 |
| enactments, and the items of which they are composed, are not | 64762 |
| subject to the referendum and go into immediate effect when this | 64763 |
| act becomes law. | 64764 |
| Sections 133.01, 319.202, 319.54, 322.01, 323.151, 323.152, | 64765 |
| 323.153, 323.154, 325.31, 1548.06, 4503.06, 4503.061, 4503.064, | 64766 |
| 4503.065, 4503.066, 4503.067, 4505.06, 4519.55, 5739.02, 5739.029, | 64767 |
| 5739.033, 5739.12, 5739.213, 5741.02, 5743.01, 5743.20, 5743.331, | 64768 |
| 5745.02, 5745.05, 5745.13, 5748.01, 5748.02, 5748.021, 5748.022, | 64769 |
| 5748.04, 5748.08, and 5751.23 of the Revised Code. | 64770 |
| Section 821.06. (A) Except as otherwise provided in division | 64771 |
| (B) of this section, the amendments by this act to section 3317.02 | 64772 |
| of the Revised Code are not subject to the referendum. Therefore, | 64773 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 64774 |
| of the Revised Code, the amendments go into immediate effect. | 64775 |
| (B) The amendment to section 3317.02 of the Revised Code that | 64776 |
| substitutes the term "state education aid" for the term "SF-3 | 64777 |
| payment" is subject to the referendum. Therefore, under Ohio | 64778 |
| Constitution, Article II, Section 1c and section 1.471 of the | 64779 |
| Revised Code, the amendment takes effect on the ninety-first day | 64780 |
| after this act is filed with the Secretary of State. If, however, | 64781 |
| a referendum petition is filed against the amendment, the | 64782 |
| amendment, unless rejected at the referendum, takes effect at the | 64783 |
| earliest time permitted by law. | 64784 |
| Section 821.12. (A) Except as otherwise provided in division | 64785 |
| (B) of this section, the amendments by this act to section 5111.20 | 64786 |
| of the Revised Code are subject to the referendum. Therefore, | 64787 |
| under Ohio Constitution, Article II, Section 1c and section 1.471 | 64788 |
| of the Revised Code, the amendments take effect on the | 64789 |
| ninety-first day after this act is filed with the Secretary of | 64790 |
| State. If, however, a referendum petition is filed against the | 64791 |
| amendments, the amendments, unless rejected at the referendum, | 64792 |
| take effect at the earliest time permitted by law. | 64793 |
| (B) The amendment to division (H)(3)(a) of section 5111.20 of | 64794 |
| the Revised Code is not subject to the referendum. Therefore, | 64795 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 64796 |
| of the Revised Code, the amendment goes into immediate effect. | 64797 |
| Section 821.13. (A) Except as otherwise provided in division | 64798 |
| (B) of this section, the amendments by this act to section | 64799 |
| 5126.046 of the Revised Code are not subject to the referendum. | 64800 |
| Therefore, under Ohio Constitution, Article II, Section 1d and | 64801 |
| section 1.471 of the Revised Code, the amendments go into | 64802 |
| immediate effect. | 64803 |
| (B) The amendments to division (A) and the third paragraph of | 64804 |
| division (B) of section 5126.046 of the Revised Code are not | 64805 |
| subject to the referendum. Therefore, under Ohio Constitution, | 64806 |
| Article II, Section 1d and section 1.471 of the Revised Code, the | 64807 |
| amendments take effect July 1, 2007. | 64808 |
| Section 821.15. (A) Except as otherwise provided in division | 64809 |
| (B) of this section, the amendments by this act to section | 64810 |
| 5126.055 of the Revised Code are subject to the referendum. | 64811 |
| Therefore, under Ohio Constitution, Article II, Section 1c and | 64812 |
| section 1.471 of the Revised Code, the amendments take effect on | 64813 |
| the ninety-first day after this act is filed with the Secretary of | 64814 |
| State. If, however, a referendum petition is filed against the | 64815 |
| amendments, the amendments, unless rejected at the referendum, | 64816 |
| take effect at the earliest time permitted by law. | 64817 |
| (B) The amendment to section 5126.055 of the Revised Code | 64818 |
| that strikes through "5123.16" and inserts "5123.161" is not | 64819 |
| subject to the referendum. Therefore, under Ohio Constitution, | 64820 |
| Article II, Section 1d and section 1.471 of the Revised Code, the | 64821 |
| amendment goes into immediate effect. | 64822 |
| Section 821.16. (A) Except as otherwise provided in division | 64823 |
| (B) of this section, the amendments by this act to section | 64824 |
| 5126.057 (5126.0511) of the Revised Code are not subject to the | 64825 |
| referendum. Therefore, under Ohio Constitution, Article II, | 64826 |
| Section 1d and section 1.471 of the Revised Code, the amendments | 64827 |
| take effect July 1, 2007. | 64828 |
| (B) The amendments to relettered division (A)(2) and (A)(4) | 64829 |
| of section 5126.057 of the Revised Code are not subject to the | 64830 |
| referendum. Therefore, under Ohio Constitution, Article II, | 64831 |
| Section 1d and section 1.471 of the Revised Code, the amendments | 64832 |
| go into immediate effect. | 64833 |
| Section 821.17. (A) Except as otherwise provided in division | 64834 |
| (B) of this section, the amendments by this act to section 5126.18 | 64835 |
| of the Revised Code are not subject to the referendum. Therefore, | 64836 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 64837 |
| of the Revised Code, the amendments go into immediate effect. | 64838 |
| (B) The amendments to division (H) of section 5126.18 of the | 64839 |
| Revised Code are not subject to the referendum. Therefore, under | 64840 |
| Ohio Constitution, Article II, Section 1d and section 1.471 of the | 64841 |
| Revised Code, the amendments take effect July 1, 2007. | 64842 |
| Section 821.18. (A) Except as otherwise provided in division | 64843 |
| (B) of this section, the amendments by this act to section 5727.87 | 64844 |
| of the Revised Code provide for or are essential to implementation | 64845 |
| of a tax levy. Therefore, under Ohio Constitution, Article II, | 64846 |
| Section 1d, the amendments are not subject to the referendum and | 64847 |
| go into immediate effect when this act becomes law. | 64848 |
| (B) The amendment to division (A)(2)(b) of section 5727.87 of | 64849 |
| the Revised Code is subject to the referendum. Therefore, under | 64850 |
| Ohio Constitution, Article II, Section 1c and section 1.471 of the | 64851 |
| Revised Code, the amendment takes effect on the ninety-first day | 64852 |
| after this act is filed with the Secretary of State. If, however, | 64853 |
| a referendum petition is filed against the amendment, the | 64854 |
| amendment, unless rejected at the referendum, takes effect at the | 64855 |
| earliest time permitted by law. | 64856 |
| Section 821.21. If the amendment or enactment in this act of | 64857 |
| a codified or uncodified section of law is subject to the | 64858 |
| referendum, the corresponding indications in the amending, | 64859 |
| enacting, or existing repeal clauses commanding the amendment or | 64860 |
| enactment also are subject to the referendum, along with the | 64861 |
| amendment or enactment. If the amendment or enactment by this act | 64862 |
| of a codified or uncodified section of law is not subject to the | 64863 |
| referendum, the corresponding indications in the amending, | 64864 |
| enacting, or existing repeal clauses commanding the amendment or | 64865 |
| enactment also are not subject to the referendum, the same as the | 64866 |
| amendment or enactment. | 64867 |
| Section 824.03. The General Assembly, applying the principle | 64868 |
| stated in division (B) of section 1.52 of the Revised Code that | 64869 |
| amendments are to be harmonized if reasonably capable of | 64870 |
| simultaneous operation, finds that the following sections, | 64871 |
| presented in this act as composites of the sections as amended by | 64872 |
| the acts indicated, are the resulting versions of the sections in | 64873 |
| effect prior to the effective date of the sections as presented in | 64874 |
| this act: | 64875 |
| Section 109.572 of the Revised Code as amended by both Am. | 64876 |
| Sub. S.B. 185 and Am. Sub. S.B. 238 of the 126th General Assembly. | 64877 |
| Section 111.18 of the Revised Code as amended by both Am. | 64878 |
| Sub. H.B. 94 and Am. Sub. S.B. 74 of the 124th General Assembly. | 64879 |
| Section 323.153 of the Revised Code as amended by both Am. | 64880 |
| H.B. 595 and Am. Sub. H.B. 672 of the 123rd General Assembly. | 64881 |
| Section 711.131 of the Revised Code as amended by both Sub. | 64882 |
| H.B. 231 and Sub. S.B. 115 of the 125th General Assembly. | 64883 |
| Section 2921.42 of the Revised Code as amended by both Sub. | 64884 |
| H.B. 150 and Am. Sub. H.B. 285 of the 120th General Assembly. | 64885 |
| Section 3301.0714 of the Revised Code as amended by Am. Sub. | 64886 |
| H.B. 79, Am. Sub. H.B. 137, Am. Sub. H.B. 276, and Am. Sub. H.B. | 64887 |
| 530 of the 126th General Assembly. | 64888 |
| Section 3313.64 of the Revised Code as amended Am. Sub. H.B. | 64889 |
| 137, Am. Sub. H.B. 530, Sub. S.B. 164, and Am. Sub. S.B. 238 of | 64890 |
| the 126th General Assembly. | 64891 |
| Section 3317.03 of the Revised Code as amended by both Am. | 64892 |
| Sub. H.B. 79 and Am. Sub. H.B. 699 of the 126th General Assembly. | 64893 |
| Section 5107.05 of the Revised Code as amended by Am. Sub. | 64894 |
| H.B. 283, H.B. 471, and Sub. S.B. 245, all of the 123rd General | 64895 |
| Assembly, and Am. Sub. H.B. 66 of the 126th General Assembly. | 64896 |
| Section 5705.31 of the Revised Code as amended by both Sub. | 64897 |
| H.B. 129 and Am. Sub. S.B. 5 of the 124th General Assembly. | 64898 |
| Section 5748.01 of the Revised Code as amended by both Sub. | 64899 |
| H.B. 73 and Am. Sub. H.B. 699 of the 126th General Assembly. | 64900 |
| Section 5748.02 of the Revised Code as amended by both Am. | 64901 |
| Sub. H.B. 3 and Am. Sub. H.B. 530 of the 126th General Assembly. | 64902 |
| The finding in this section takes effect at the same time as | 64903 |
| the section referenced in the finding takes effect. | 64904 |